Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 12, 1976 and adjourned Friday, March 5, 1976, volume II

Compiler's Note
The Journal of t h e Senate regular session of 1976 is bound in two separate volumes. The large number of pages made i t imgractical to bind into one volume.
Volume I contains January 12, 1976 through February 26, 1976. Volume I1 contains February 27, 1976 through March 5, 1976 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 1976 and adjourned Friday, March 5, 1976
VOLUME II
1976 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE 1976

ZELL MILLER

......._:_.._. .President (Lieutenant Governor)
GWINNETT 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
ALICE ENRIGHT .._------.----------..... --_..._. ....Assistant Secretary
PULTON COUNTY
SARALYN FOSTER ........................................................Calendar Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT ..... ..............................................Journal Clerk
DeKALB COUNTY
JAMES H. BRAY ........... ... ._...._... ........Reading Clerk
DeKALB COUNTY
AGNES DOSTER ...... .................................................. Enrolling Clerk
GWINNETT COUNTY
CLARA BASklN .............. .... .Bill Status Clerk
FULTON COUNTY

1708

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, February 27, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

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

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

HB 1600. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended.

HB 2008. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Taliaferro County, known as the fee system; to provide in lieu thereof an annual salary.

HB 2009. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe and creating a new charter for said city so as to change the corporate powers of the city; to change the provisions relating to the granting of franchises and the making of contracts for public utilities and public services.

HB 2010. By Representative Sigman of the 74th:
A bill to create and establish a Small Claims Court in and for Newton County; to prescribe 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.

FRIDAY, FEBRUARY 27, 1976

1709

HB 2013. By Representatives Rush of the 121st, Fraser of the 139th and Clifton of the 107th:
A bill to provide for an additional secretary for the office of the District Attorney of the Atlantic Judicial Circuit; to provide for the employment, powers, duties, qualifications and compensation of such secretary; to provide an effective date.

HB 2020. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to create a new charter for the City of Lovejoy in the County of Clayton; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for a Merit Service System.

HB 1773. By Representatives Childs of the 51st, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Title 53, relating to husband and wife, as amended, so as to change the minimum age provisions for marriage licenses; to provide for the destruction of the physician's certificate of pregnancy of the female for underaged marriages; to change the provisions relative to parental consent to marriage.

HB 1333. By Representatives Pinkston of the 100th, Greer of the 43rd and others:
A bill to amend Code Section 89-101, relating to the eligibility of persons to hold civil offices, as amended, so as to provide that persons 18 years of age or older shall be eligible to hold any county or municipal office, except such offices of a judicial nature.

HB 1514. By Representatives Cox of the 141st, Cole and Foster of the 6th and others:
A bill to amend Code Chapter 88-17, relative to vital records, as amended, so as to change the provisions relative to issuing of copies of death certificates; to provide for certificates of record; to change the provi sions relative to burial transit permits.
HB 1723. By Representatives Colwell and Twiggs of the 4th and Dover of the llth:
A bill td authorize the governing authorities of the counties comprising the Mountain Judicial Circuit to supplement the salary of the Judge of the Superior Courts of such Circuit from county funds.
HB 1756. By epresentative Baugh of the 108th and Parham of the 109th:
A bill to create a Joint Advisory Board of Family Practice to further the supply of competent family physicians; to provide for the member ship, selection, powers, duties and authority of the Board; to provide for severability; to provide an effective date.

1710

JOURNAL OF THE SENATE,

SB 462. By Senators McDowell of the 2nd, Kidd of the 25th, Riley of the 1st and others:
A bill to amend Code Chapter 108-4, relating to powers, duties and liabilities of trustees, as amended, so as to provide that loans to small business firms guaranteed by the Small Business Administration shall constitute valid investments for certain institutions.

SB 486. By Senators Turner of the 8th, Russell of the 10th, Timmons of the llth and others:
A bill to amend an Act creating an Advisory Board of the College of Veterinary Medicine of the University of Georgia, so as to change the membership of the Board; to repeal conflicting laws.

SB 583. By Senators Turner of the 8th, Eldridge of the 7th, Lewis of the 21st and others:
A bill to amend Code Section 68B-207, relating to the application for the issuance of drivers' licenses issued to such applicants; to repeal con flicting laws.

HB 1704. By Representatives Burruss of the 21st, Nix of the 20th and others:
A bill to amend an Act providing for the regulation of the installation of warm air heating equipment so as to change the provisions relative to the composition of the Board of Examiners of Warm Air Heating Contractors.

HB 1720. By Representatives Glanton and Parkman of the 66th, Long of the 142nd and others:
A bill to amend Code Section 79A-9917, relating to conditional discharge for possession of certain drugs as a first offense, as amended, so as to provide that certain offenses of possession of one ounce or less of mari juana may be tried in certain courts of municipalities.

HB 1931. By Representative Connell of the 87th:
A bill to amend an Act incorporating the Protestant Episcopal Society of Augusta and County of Richmond.

HB 422. By Representatives Burton of the 47th, Larsen of the 27th and McKinney of the 35th:
A bill to create the State Board of Examiners of Water Well Contractors.

HB 1274. By Representatives Castleberry of the lllth, Chance of the 129th, Wheeler of the 152nd and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to authorize employees of the Georgia Agricultural

FRIDAY, FEBRUARY 27, 1976

1711

Commodity Commissions, as established by an Act known as the "Georgia Agricultural Commodities Promotion Act", to become members of the Employees' Retirement System of Georgia.

HB 1725. By Representatives Felton of the 22nd, Carlisle of the 71st and Knight of the 67th:
A bill to authorize counties and municipalities of this State to enact certain ordinances relative to historic sites and buildings; to provide for a short title; to provide for the legislative purpose.

HB 1954. By Representatives Snow of the 1st, Karrh of the 106th, Evans of the 84th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to correct certain typographical errors; to make certain technical changes.

The House has adopted the following resolution of the Senate:

SR 386. By Senators Russell of the 10th and Timmons of the llth: A resolution commending Honorable Samuel Marvin Griffin, Jr.

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

HR 755. By Representatives Buck of the 95th, Parrish of the 97th, King of the 96th and others:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemptions for tax purposes of certain property owned by residents of Muscogee County.

HR 804. By Representative Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to provide that effective Jan. 1, 1979 the Judge of the Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law.
The House recedes from its position in disagreeing to the Senate amendments to the following bill of the House:
HB 797. By Representative Evans of the 99th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties.

1712

JOURNAL OP THE SENATE,

The House has agreed to the Senate amendments to the following bills of the House:

HB 972. By Representative Noble of the 48th:
A bill to provide for a code of ethics for members of all boards, com missions and authorities of State government created by general statute; to provide for the removal of members who violate said code of ethics; to provide procedures connected therewith; to provide for hearings; to provide for vacancies.

HB 1250. By Representatives Wall of the 61st, Harris of the 60th, Russell of the 53rd 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 a felony, so as to provide that upon conviction of such felony, the sentence of such person shall run consecutively to any other sentence which such person has received.

HB 1330. By Representative Carr of the 105th:
A bill to be known as the "Georgia Liming Materials Act of 1976; to regulate the distribution and sale of agricultural limestone and other liming materials; to provide for a short title; to provide for definitions; to provide for standards for certain materials.

HB 1486. By Representative Evans of the 99th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, so as to change the provisions relating to the compensation of assistant district attorneys.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1344. By Representatives Davis and Tolbert of the 56th and others:
A bill to amend Code Section 9-401, relating to the definition of the practice of law, as amended, so as to authorize corporations, voluntary associations, and individuals which are parties to a dispossessory warrant or distress warrant proceeding to prepare and file the necessary docu ments and to prosecute such proceedings without an attorney.

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

SB 705. By Senator Stephens of the 36th:
A bill to create a State Equine Commission; to provide for the appoint ment, qualifications, powers, duties, oath of office and bond of the

FRIDAY, FEBRUARY 27, 1976

1713

members of the Commission; to provide for a quorum; to provide for rules and regulations; to provide the procedure for applying for a per mit and/or license to conduct race events and meetings; to provide for the records of the State Equine Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 706. By Senator Doss of the 52nd:
A bill to create the Georgia Board of Athletic Trainers and provide for the regulation and licensing of athletic trainers; to provide for defini tions; to create the board; to provide for members, qualifications, duties, powers, authority, appointments, terms of office, oaths and vacancies; to provide for officers.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 707. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

SB 708. By Senator Banks of the 17th:
A bill to provide a new charter for the City of Meansville; to provide for all matters relative thereto. Referred to Committee on County and Urban Affairs.

SR 392. By Senator Bell of the 5th: A resolution creating the Federal Davis-Bacon Act Study Committee.
Referred to Committee on Rules.

SR 393. By Senators Bell of the 5th, Howard of the 42nd and Tysinger of the 41st:,
A resolution proposing an amendment to the Constitution, so as to pro vide for the allocation of a certain amount of DeKalb County revenue for the support and development of the arts in DeKalb County for a certain period of time; to provide for the proposal and approval of arts projects; to provide for the use of funds allocated pursuant to this amendment.
Referred to Committee on County and Urban Affairs.

1714

JOURNAL OF THE SENATE,

SR 396. By Senators Stephens of the 36th, Hudgins of the 15th, Hamilton of the 34th and others:
A resolution creating the Joint Georgia Study Committee on Status Offenses. Referred to Committee on Rules.

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

HB 1600. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended. Referred to Committee on Banking, Finance and Insurance.

HB 2008. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of Supe rior Court of Taliaferro County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.

HB 2009. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe and creating a new charter for said city so as to change the corporate powers of the city; to change the provisions relating to the granting of franchises and the making of contracts for public utilities and public services. Referred to Committee on County and Urban Affairs.

HB 2010. By Representative Sigman of the 74th:
A bill to create and establish a Small Claims Court in and for Newton County; to prescribe 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. Referred to Committee on County and Urban Affairs.

HB 2013. By Representatives Rush of the 121st, Fraser of the 139th and Clifton of the 107th:
A bill to provide for an additional secretary for the office of the District Attorney of the Atlantic Judicial Circuit; to provide for the employment, powers, duties, qualifications and compensation of such secretary; to provide an effective date.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 27, 1976

1715

HB 2020. By Representatives Leo, Bailey, Johnson and West of the 72nd:
A bill to create a new charter for the City of Lovejoy in the County of Clayton; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for a Merit Service System. Referred to Committee on County and Urban Affairs.

HB 422. By Representatives Burton of the 47th, Larsen of the 27th and McKinney of the 35th:
A bill to create the State Board of Examiners of Water Well Contrac tors. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1274. By Representatives Castleberry of the lllth, Chance of the 129th, Wheeler of the 152nd and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to authorize employees of the Georgia Agricultural Commodity Commissions, as established by an Act known as the "Georgia Agricultural Commodities Promotion Act", to become mem bers of the Employees' Retirement System of Georgia.
Referred to Committee on Retirement.

HB 1333. By Representatives Pinkston of the 100th, Greer of the 43rd, Evans of the 99th and others:
A bill to amend Code Section 89-101, relating to the eligibility of per sons to hold civil offices, as amended, so as to provide that persons 18 years of age or older shall be eligible to hold any county or municipal office, except such offices of a judicial nature.
Referred to Committee on Rules.

HB 1514. By Representatives Cox of the 141st, Cole and Foster of the 6th and others:
A bill to amend Code Chapter 88-17, relative to vital records, as amended, so as to change the provisions relative to issuing of copies of death certificates; to provide for certificates of record; to change the provisions relative to burial transit permits. Referred to Committee on Judiciary.

HB 1704. By Representatives Burruss of the 21st, Nix of the 20th, and Cooper and Wilson of the 19th:
A bill to amend an Act providing for the regulation of the installation of warm air heating equipment so as to change the provisions relative to the composition of the Board of Examiners of Warm Air Heating Contractors.
Referred to Committee on Industry, Labor and Tourism.

1716

JOURNAL OF THE SENATE,

HB 1720. By Representatives Parkman and Glanton of the 66th, Long of the 142nd and others:
A bill to amend Code Section 79A-9917, relating to conditional discharge for possession of certain drugs as a first offense, as amended, so as to provide that certain offenses of possession of one ounce or less of mari juana may be tried in certain courts of municipalities.
Referred to Committee on Judiciary.

HB 1723. By Representatives Colwell and Twiggs of the 4th and Dover of the llth:
A bill to authorize the governing authorities of the counties comprising the Mountain Judicial Circuit to supplement the salary of the Judge of the Superior Courts of such Circuit from county funds. Referred to Committee on County and Urban Affairs.

HB 1725. By Representatives Felton of the 22nd, Carlisle of the 71st and Knight of the 67th:
A bill to authorize counties and municipalities of this State to enact certain ordinances relative to historic sites and buildings; to provide for a short title ("Georgia Historic Preservation Enabling Act"); to provide for the legislative purpose. Referred to Committee on County and Urban Affairs.

HB 1756. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to create a Joint Advisory Board of Family Practice to further the supply of competent family physicians; to provide for the member ship, selection, powers, duties and authority of the Board; to provide for severability; to provide an effective date. Referred to Committee on Human Resources.

HB 1773. By Representatives Childs of the 51st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 53, relating to husband and wife, as amended, so as to change the minimum age provisions for marriage licenses; to provide for the destruction of the physician's certificate of pregnancy of the female for underaged marriages; to change the provisions relative to parental consent to marriage.
Referred to Committee on Judiciary.

HB 1931. By Representative Connell of the 87th:
A bill to amend an Act incorporating the Protestant Episcopal Society of Augusta and County of Richmond. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 27, 1976

1717

HB 1954. By Representatives Snow of the 1st, Karrh of the 106th, Evans of the 84th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to correct certain typographical errors; to make certain technical changes. Referred to Committee on Judiciary.

HR 755. By Representatives Buck of the 95th, Parrish of the 97th, King of the 96th and others:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemptions for tax purposes of certain property owned by residents of Muscogee County. Referred to Committee on County and Urban Affairs.

HR 804. By Representative Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to provide that effective Jan. 1, 1979 the Judge of the Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until other wise provided by law.
Referred to Committee on County and Urban Affairs.

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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 284. Do pass. HB 1571. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance has had under considera tion the following bills and resolution of the Senate & House and has instructed

1718

JOURNAL OF THE SENATE,

me, as Chairman, to report the same back to the Senate with the following rec ommendations :

SB 644. Do pass by substitute.

HR 398. Do pass.

HB 1033. Do pass.

HB 1428. Do pass.

HB 1661. Do pass.

HB 1672. Do pass.

Respectfully submitted,

Senator Holley of the 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 Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 649. Do pass as amended. SB 698. Do pass. SB 699. Do pass by substitute. SB 700. Do pass. SB 701. Do pass. SB 704. Do pass. HB 1573. Do pass. HB 1696. Do pass. HB 1697. Do pass. HB 1724. Do pass. HB 1759. Do pass. HB 1760. Do pass. HB 1762. Do pass. HB 1768. Do pass. HB 1780. Do pass. HB 1825. Do pass. HB 1851. Do pass. HB 1861. Do pass. HB 1873. Do pass.

FRIDAY, FEBRUARY 27, 1976

1719

HB 1875. Do pass. HB 1885. Do pass. HB 1936. Do pass. HB 1945. Do pass. HB 1946. Do pass. HB 1949. Do pass. HB 1950. Do pass. HB 1951. Do pass. HB 1952. Do pass. HB 1953. Do pass. HB 1955. Do pass. HB 1961. Do pass. HB 1962. Do pass. HB 1963. Do pass. HB 1964. Do pass.

Respectfully submitted, Senator Garrard of the 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 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 rec ommendations :
HB 1965. Do pass. SR 363. Do pass. HR 549. Do pass by substitute. HR 623. Do pass. HR 744. Do pass. HR 753. Do pass. HR 754. Do pass by substitute. HR 776. Do pass. HR 777. Do pass.
Respectfully submitted, Senator Garrard of the 37th District, Chairman

1720

JOURNAL OF THE SENATE,

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 387. Do pass.
Respectfully submitted,
Senator 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 Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 599. Do pass by substitute. SB 690. Do pass. SB 703. Do pass. HB 270. Do pass. HB 732. Do pass by substitute. HB 1141. Do pass as amended. HB 1258. Do pass. HB 1265. Do pass. HB 1276. Do pass. HB 1515. Do pass. HB 1566. Do pass.
Respectfully submitted, Senator Overby of the 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

FRIDAY, FEBRUARY 27, 1976

1721

bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 293. Do pass. Respectfully submitted, Senator Lester of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1841. HB 1731. HB 1541. HB 1789. HB 1628. HB 1550. HB 1583. HB 1898.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended.

Respectfully submitted,

Senator Reynolds of the 48th District, Chairman

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

SB 534. By Senator Traylor of the 3rd:
A bill to amend an Act known as "The Small Business Assistance Act of 1975", so as to provide for compensation of members of the Advisory Council for travel and other expenses.

SB 624. By Senators Bell of the 5th and Banks of the 17th:
A bill to amend Code Title 24A, known as "The Juvenile Court Code of Georgia", as amended, so as to provide for additional definitions; to change the provision relating to places of detention; to provide an effective date.

SB 655. By Senator Broun of the 46th:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, as amended, so as to provide that it shall be unlawful for any

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JOURNAL OF THE SENATE,

person not licensed under said Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name.

SB 668. By Senator Kidd of the 25th:
A bill to provide that State standards of care for certain persons in skilled and intermediate care nursing facilities shall not exceed certain minimum federal standards.

SB 669. By Senator Reynolds of the 48th:
A bill to add one additional judge of the superior courts of the Gwinnett 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 674. By Senator Doss of the 52nd:
A bill to amend Code Section 23-203, relating to residents of militia dis tricts, so as no longer to require residents constituting a militia dis trict to be males.

SB 675. By Senator Doss of the 52nd:
A bill to amend Code Section 23-1401, relating to appointment, number and age of county police, so as no longer to require members of the county police force to be men.

SB 676. By Senator Doss of the 52nd:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to provide that any person, without regard to sex, may be guilty of committing the offenses of pandering, pandering by compulsion, and statutory rape of any other person, without regard to sex.

SB 677. By Senator Doss of the 52nd:
A bill to amend Code Section 26-2610, relating to abusive or obscene language, as amended, so as to provide that a person may be guilty of certain prohibited communicating to, harassing of, or conduct in the presence of, any other person without regard to sex of said other person.

SB 678. By Senator Doss of the 52nd:
A bill to amend an Act to license and regulate the operation of road houses, cabin camps, tourist camps, and public dance halls, so as to provide that any person may be guilty of committing the offense of persuading, inducing or enticing any other person, without regard to sex, to enter certain establishments for immoral purposes.

FRIDAY, FEBRUARY 27, 1976

1723

SB 679. By Senator Doss of the 52nd:
A bill to amend Code Chapter 66-1, relating to employment and wages in master and servant relationships, as amended, so as to provide that certain wages shall be paid over to any spouse, without regard to sex, and that such payment shall operate as a release from certain claims of such spouse.

SB 680. By Senator Doss of the 52nd:
A bill to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as no longer to exempt females from the liability to discharge military, police, patrol or road duty.

SB 681. By Senator Doss of the 52nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System in General, as amended, by striking in its entirety Code Section 32-123, relating to females admitted to branch colleges.

SB 686. By Senator Sutton of the 9th:
A bill to provide that the minimum value of any college or university degree shall be $10,000.

SB 696. By Senator Kidd of the 25th:
A bill to amend the Georgia Peace Officers' Standards and Training Act, as amended, so as to change the qualifications of peace officers.

SB 697. By Senator Ballard of the 45th:
A bill to amend an Act providing that it shall be unlawful for any person to fire or discharge any firearm on Sunday with certain excep tions, so as to change the provisions relative to exceptions.

SR 376. By Senators Gillis of the 20th and Kennedy of the 4th:
A resolution urging and requesting the Congress of the United States to amend the Federal Clean Air Act.

HB 718. By Representatives Dean of the 29th, Glover of the 32nd, Brown of the 34th and others:
A bill to amend an Act requiring the State Department of Human Resources (formerly Department of Public Health) in cooperation with State Board of Education, to promulgate rules and regulations providing for eye, ear and dental examinations for students in the public schools of this State, so as to promulgate rules and regulations providing for a nutritional evaluation of students in the public schools of this State.

1724

JOURNAL OP THE SENATE,

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

HB 1277. By Representatives Matthews of the 63rd, Logan of the 62nd, Evans of the 99th and others:
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.

HB 1489. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relating to game and fish, as amended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations.

HB 1490. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish, as amended, so as to provide that as of a certain date rules and regulations issued by the State Board of Natural Resources relating to game and fish laws shall be adopted and prom ulgated in accordance with the provisions of the Act known as the "Georgia Administrative Procedure Act."

HB 1494. By Representatives Marcus of the 26th, Hudson of the 137th and McKinney of the 35th:
A bill to amend Code Title 79A, as amended, relating to pharmacists, pharmacies and drugs, so as to provide that all regulatory fees shall be set by the Georgia State Board of Pharmacy by regulation; to pro vide an effective date.

HB 1533. By Representative Childers of the 15th:
A bill to amend Code Section 84-509, relating to the scope of the prac tice of chiropractors, so as to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to prac tice chiropractic in this State.

HB 1554. By Representatives Colwell of the 4th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, ap proved Feb. 20, 1956, as amended, so as to add to Section 24 a new subsection to provide that said Section shall apply only to those en tering the State penal system prior to July 1, 1976.

FRIDAY, FEBRUARY 27, 1976

1725

HB 1698. By Representatives Lambert of the 112th, Carlisle and Mostiler of the 71st and others:
A bill to create an energy resources council to be known as the Georgia Council for Energy Resources; to declare the legislative intent of this Act; to provide for its members and their tenure; to provide for the powers and duties of the Council; to provide for employees thereof.

HB 1744. By Representatives Lambert of the 112th and Carlisle of the 71st:
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, as amended, so as to change the amount of grants to be made to students.

HB 1748. By Representative Battle of the 124th:
A bill to amend an Act known as the "Registration of Geologists Act of 1975" so as to change certain Section numbers; to change certain dates; to change the provisions relative to minimum qualifications for registered geologists.

HB 1795. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend Code Section 26-3001, relating to unlawful eavesdrop ping and surveillance, so as to provide that certain activities shall not be unlawful; to authorize the use of surveillance cameras and equip ment in prisons, penitentiaries, jails, correctional institutions and cer tain other facilities.

HB 1848. By Representatives Clark, Mann and Milford of the 13th and others:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, so as to provide that a wildlife ranger, after a minimum number of years of service, upon leaving the Dept. of Natural Resources under honorable conditions, may retain his weapon and badge under certain circumstances.

HB 1927. By Representative Knight of the 67th:
A bill to amend an Act providing that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services, approved April 25, 1975, so as to clarify the language relating to the avoidance or the attempt to avoid payment for telecommunica tion services.

HR 494. By Representatives Larsen of the 27th, Battle of the 124th, Matthews of the 63rd and others:
A resolution proposing an amendment to the Constitution to authorize and direct the Board of Regents to establish a program whereby

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JOURNAL OF THE SENATE,

citizens of this State who are 60 years of age or older may attend units of the University System of Georgia without charge for tuition when space is available in a scheduled course.

HR 496. By Representatives Matthews of the 145th and Patten of the 146th: A resolution compensating Mr. Floyd M. Hilley.

HR 518. By Representative Logan of the 62nd: A resolution compensating Dr. Richard E. Wooley.

HR 525. By Representative Kilgore of the 65th: A resolution compensating Mr. and Mrs. S. M. Lynch.

HR 593. By Representative Toles of the 16th: A resolution compensating Mr. Hugh M. Toles.

HR 609. By Representative Reaves of the 147th: A resolution compensating Brooks County.

HR 621. By Representative Culpepper of the 98th: A resolution compensating Mr. Tim Byrd.

HR 664. By Representative Miles of the 86th: A resolution compensating Mr. Thomas Dale Meador.

HR 705. By Representative Adams of the 79th: A resolution compensating Mr. Grover McSwain.

HR 743. By Representative Wood of the 9th: A resolution compensating Mr. Daniel Wall.

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 administrative fee; to provide an effective date.

HB 1612. By Representative Dover of the llth:
A bill to provide for the election of the members of the Board of Educa tion of Habersham County; to provide for other matters relative there to; to provide for a referendum.

FRIDAY, FEBRUARY 27, 1976

1727

HB 1732. By Representatives Long of the 142nd and Keyton of the 143rd:
A bill to provide a new Charter for the City of Meigs, Georgia, in the County of Thomas.

HB 1882. By Representatives Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries in any county of this State having a population of not less than 180,000 nor more than 190,000 ac cording to the United States Decennial Census of 1970 or any future such census.

HB 1883. By Representative Dover of the llth:
A bill to amend an Act entitled "An Act to provide for a secretary for the Solicitor of the State Court of Habersham County", so as to change the maximum compensation of the secretary of the Solicitor of the State Court of Habersham County.

HB 1890. By Representative Ross of the 76th:
A bill to authorize and direct the election superintendent of Warren County to hold an election on the question of establishing a multi-mem ber Board of Commissioners in Warren County.

HB 1891. By Representative Murphy of the 18th:
A bull to amend an Act providing a new charter for the City of Buchanan so as to provide for certain additional powers which may be exercised by the governing authority of the City of Buchanan.

HB 1900. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to create the Chatham County Water and Sewer Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals and private concerns.

HB 1904. By Representative Crawford of the 5th:
A bill to reincorporate the Town of Lyerly in the County of Chattooga; to create a new charter for said town; to provide for the name, powers and corporate limits of said town.

HB 1905. By Representative Stone of the 138th:
A bill to amend an Act amending, consolidating and renewing the charter of the City of Patterson so as to change the terms of office of

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JOURNAL OF THE SENATE,

certain aldermen and the manner of electing the mayor and certain aldermen for certain elections.

HB 1908. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to create and establish a Small Claims Court for Jefferson County to be known as the Small Claims Court of Jefferson County.

HB 1909. By Representative Culpepper of the 98th:
A bill to provide a new Charter for the City of Roberta, Ga., in the County of Crawford.

HB 1910. By Representative Castleberry of the lllth:
A bill to amend an Act increasing the compensation of the Tax Com missioner of Stewart County so as to change the compensation of the tax commissioner.

HB 1911. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Stewart County so as to change the compensation of the commissioner.

HB 1912. By Representatives Johnson, Harris and Thomason of the 8th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act"; so as to change the membership of the Au thority; to expand the definition of "projects" to include sewerage projects.

HB 1913. By Representatives Johnson, Harris 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 increase the salaries of employees of such officers.

HB 1914. By Representative Smith of the 78th:
A bill to amend an Act creating a new charter for the City of Jackson so as to eliminate the requirement that the mayor examine and audit all accounts of the city and approve all bills and vouchers; to change the compensation of the mayor and councilmen.

HB 1915. By Representative Ross of the 7th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln County.

FRIDAY, FEBRUARY 27, 1976

1729

HB 1916. 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 for a supplemental expense or housing allowance to be paid to the sheriff at the discretion of the board of commissioners.

HB 1917. By Representatives Ross of the 7th, Evans of the 84th, Owens of the 77th and Carr of the 105th:
A bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the District Attorney of the Toombs Judicial Circuit so as to create the office of Assistant District Attorney of the Toombs Judicial Circuit.

HB 1922. By Representative McDonald of the 12th:
A bill to amend an Act creating a new charter for the Town of Maysville so as to authorize the mayor and council to make certain contracts without having to obtain voter approval.

HB 1925. By Representatives Mostiler and Carlisle of the 71st:
A bill to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a popula tion of not less than 35,000 nor more than 44,000.

HB 1926. By Representative Dover of the llth:
A bill to provide for the appointment of the County School Superinten dent of Habersham County by the Board of Education of Habersham County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; to provide for a referendum.
HB 1929. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Small Claims Court in Troup County so as to change the jurisdiction of the judge of said court.
HB 1930. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County) so as to change the qualifications of the judge of said court.
HB 1932. By Representatives Blackshear of the 123rd, Triplett of the 128th, Battle of the 124th and others:
A bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes.", so as to change the provisions relative to the compensation of the commissioners of Chatham County and ex officio judges.

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JOURNAL OF THE SENATE,

HR 706. By Representatives Carlisle and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to au thorize and empower the Board of Commissioners of Spalding County, Ga., to license and regulate businesses and levy a license fee on busi nesses in the unincorporated areas of Spalding County and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of said County.

HR 722. By Representatives Howard, Cooper and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to ex clude certain retirement, survivor or disability benefits in determining eligibility for the homestead exemption of $6,000 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000 for the immediately preceding taxable year.
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 685. By Senator Traylor of the 3rd:
A bill to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550, accord ing to the United States Decennial Census of 1970, or any future such census; to define its powers and duties concerning primaries and elec tions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

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

SB 687. By Senator Foster of the 50th:
A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary, as amended, so as to change the provisions relative to the personnel and expenses of the Sheriff's office; to provide for a budget for 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 yeas were 51, nays 0.

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

FRIDAY, FEBRUARY 27, 1976

1731

SB 689. By Senator Reynolds of the 48th:
A bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to provide for the use of jurors from a jury pool selected either by the judges of the Superior Court of the Gwinnett Judicial Circuit or the judges of the State Court of Gwinnett 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 yeas were 51, nays 0.

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

SB 688. By Senator Traylor of the 3rd:
A bill to amend an Act creating a Board of Commissioners of Glynn County, Georgia, as amended, so as to change the composition and method of election of members of the board of commissioners; to pro vide for the election and terms of members of the board of commis sioners.

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

On the passage of the bill, the yeas were 51, nays 0.

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

SB 691. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Board of Commissioners of Jones County, so as to change the compensation of the Chairman and mem bers of the Board of Commissioners of Jones County; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 692. By Senator Sutton of the 9th: A bill to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March.

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JOURNAL OP THE SENATE,

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

On the passage of the bill, the yeas were 51, nays 0.

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

SB 665. By Senator McGill of the 24th:
A bill to amend an Act entitled "An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the County of Warren, State of Georgia; to create a new charter and munici pal government for said corporation; to declare the rights and powers of the same and for other purposes.", as amended, 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 yeas were 51, nays 0.

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

SB 672. By Senator Foster of the 50th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, Georgia, as amended, so as to provide that the governing au thority of Rabun County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said county.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1718. By Representatives Parkman and Glanton of the 66th:
A bill to amend an Act placing the Coroner of Carroll County on an annual salary in lieu of fees so as to change the compensation of the Coroner; to provide a mileage allowance for the Coroner.

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

FRIDAY, FEBRUARY 27, 1976

1733

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act changing the compensation of the coroner in certain counties of this State so as to change the compensation of the coroner in certain counties 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 yeas were 51, nays 0.

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

HB 1693. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating the Board of Commissioners of Lowndes County so as to change the provisions relative to the chairman; to change the compensation of the members of the board; to provide an effective date.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1719. By Representatives Glanton and Parkman of the 66th:
A bill to amend an Act creating the Office of Tax Commissioner of Carroll County so as to change the compensation of the Tax Commis sioner; to change the mileage 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 yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE SENATE,

HB 1754. By Representative Colwell of the 4th:
A bill to authorize the governing authority of any county of this State having a population of not less than 6,700 nor more than 6,825 accord ing to the U.S. Decennial Census of 1970 or any future such census to appoint the treasurer of any such county to any other county office which such governing authority is authorized to fill by appointment.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1810. By Representatives Triplett of the 128th, Chance of the 129th, Taggart of the 125th and others:
A bill to amend an Act incorporating the City of Port Wentworth, ap proved Feb. 6, 1957, 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 yeas were 51, nays 0.

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

HB 1828. By Representative Stone of the 138th:
A bill to amend an Act establishing a Small Claims Court in and for Appling County so as to change the civil jurisdiction of said court; to change the fees for filing claims in said court; to change the title of the bailiffs of said court to marshals 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 yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1829. By Representative Stone of the 138th: A bill to amend an Act providing a new charter for the City of Hazlehurst so as to change the date of city elections; to provide an effective date.

FRIDAY, FEBRUARY 27, 1976

1735

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1855. By Representative Tucker of the 73rd:
A bill to amend an Act creating a new charter for the City of Hampton so as to provide for the specific repeal of the former charter of the City of Hampton.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1856. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of McDonough so as to change the term of office of the mayor 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 yeas were 51, nays 0.

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

HB 1857. By Representative Tucker of the 73rd: A bill to create and establish a Small Claims Court in and for Henry County; to prescribe 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 1858. By Representative Tucker of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County so as to stagger the terms of office of the members of the board.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1859. By Representative Tucker of the 73rd:
A bill to provide for a board of elections in certain counties (population 23,600-25,000); to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms 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 yeas were 51, nays 0.

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

HB 1840. By Representatives Matthews of the 145th and Collins of the 144th:
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 yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1842. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to amend an Act incorporating the Town of Watkinsville so as to authorize the mayor and council of the Town of Watkinsville to appoint a qualified person to preside over the mayor's court.

FRIDAY, FEBRUARY 27, 1976

1737

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

was agreed to.

'

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1852. 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; to fix the date upon which the mayor and councilmen shall take 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 yeas were 51, nays 0.

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

HB 1853. By Representative Tucker of the 73rd:
A bill to create a new Charter for the City of Locust Grove, Ga., in the county of Henry; to provide for the incorporation of said City; to pro vide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1860. By Representative Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners for Irwin County and prescribing and defining their powers, duties and compensa tion so as to change the compensation 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 yeas were 51, nays 0.

1738

JOURNAL OP THE SENATE,

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

HB 1862. By Representative Collins of the 144th:
A bill to amend an Act creating the City Court of Camilla (subsequently renamed the State Court of Mitchell County) so as to change the salary to be paid to 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 yeas were 51, nays 0.

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

HB 1863. By Representatives Logan of the 62nd, Russell of the 64th and Mat thews of the 63rd:
A bill to amend an Act creating a new Board of Commissioners of Clarke County so as to change the provisions relating to the purchase of supplies, equipment, services and other materials; 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 yeas were 51, nays 0.

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

HB 1865. By Representative Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary so as to change the compensation of the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1866. By Representative Collins of the 144th: A bill to amend an Act entitled "An Act to incorporate the City of Sale City in the County of Mitchell, State of Georgia, and for other purposes"

FRIDAY, FEBRUARY 27, 1976

1739

so as to provide for the collection and disposition of garbage, rubbish, refuse; to provide for charges or fees to cover the cost of such services.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1869. By Representative Fraser of the 139th:
A bill to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550 accord ing to the U.S. Decennial Census of 1970 or any future such census; 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 yeas were 51, nays 0.

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

HB 1870. By Representative Carr of the 105th:
A bill to amend an Act creating a Small Claims Court in Washington County so as to change the civil jurisdiction of said court; to change the term of office of the judge of said court; to change the fee for filing claims 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 yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1872. By Representative Karrh of the 106th:
A bill to amend an Act establishing a Board of Commissioners for Jenkins County so as to change the provisions relative to the election of the chairman of said board.
TJie report of the committee, which was favorable to the passage of the bill, was agreed to.

1740

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1874. By Representative Karrh of the 106th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Jenkins 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 report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1876. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to provide a new Charter for the Town of Euharlee, Ga., in the county of Bartow.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1864. By Representatives Harden of the 154th and Leggett of the 163rd:
A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the county of Glynn', approved Feb. 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned", so as to create education districts from which members of the Board of Education of Glynn County shall be elected.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1864 by striking beginning on line 7 of Page 2, the following:

FRIDAY, FEBRUARY 27, 1976

1741

"District 1. Glynn Dock Junction CCD 10 ED's 22, 23 and 24 Everett CCD 15 ED's 9, 10, 11 and 12 Thalmann CCD 25 ED's 13, 14 and 15B
District 2 Glynn St. Simons CCD 20 Thalmann CCD 25 ED 15A",

and substituting in lieu thereof, the following:

"District 1 Glynn Dock Junction CCD 10 ED's 22, 23 and 24 Everett CCD 15 ED's 9, 10, 11 and 12 Thalmann CCD 25 ED's 13 and 14 ED 15B, except that portion which is located on Jekyll Island
District 2 Glynn St. Simons CCD 20 Thalmann CCD 25 ED 15A ED 15B, that portion located on Jekyll Island".

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

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

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

Ballard Banks Barker

Barnes Bond Brantley

Brown of 47th Carter Coverdell

1742

JOURNAL OF THE SENATE,

Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard 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 Young

Those not answering were Senators:

Bell Broun of 46th Dean of 6th

Dean of 31st Holley Hudgins

Hudson Pearce Traylor

Lieutenant Governor Zell Miller, President of the Senate, introduced the chaplain of the day, Mr. Greg Brezina, of the Atlanta Falcons Football Team, who addressed the Senate and offered prayer.

The following resolutions of the Senate were read and adopted:

SR 398. By Senator Traylor of the 3rd: A resolution expressing regrets at the passing of Mr. Hugh Burrows.

SR 401. By Senator Kidd of the 25th: A resolution commending Mr. Garnett McKinley Kirk.
SENATE RULES CALENDAR Friday, February 27, 1976
SB 616. Advisory Council on Cert, of Teachers-Bd. of Ed. create (SUB) SB 641. Bad Checks Trial--admissibility of evidence SB 651. Health Insurance--coverage for handicapped persons SB 666. City-County Charter--circumstances for not amending SR 345. Special Committee to Investigate Regional Governments--create SR 370. Bd. of Education--reinstate sixth-year certificate program SR 374. Harris Co.--conveyance of certain State-owned real property
(AM) HB 1017. Tax Collectors & Tax Commissioners--minimum salaries (SUB)

FRIDAY, FEBRUARY 27, 1976

1743

HB 1369. School Teachers--maternity leaves of absence HB 1503. Georgia Land Sales Act of 1972--limitation of actions HB 1627. Periods for Suspension of Driver's Lie.--conviction of cert, crimes HB 1750. Health Care Plan Act^adopt (AM) HB 1464. Cities, Counties--make loans from federal funds received HB 1620. Professional Soil Classifying--regulation HB 1763. Scholarship for Child of Disabled Policeman, Fireman--eligibility HB 1447. Employees' Retirement--accumulated forfeited sick leave HB 533. Income Tax--definition of "exempt organization" (AM) HB 1271. Loitering on School Premises--unlawful HB 1302. Teachers' Retirement--creditable service for leaves of absence
(AM) HB 1341. Soybean, Apple, Peach Crop Owner--destroying deer HB 1362. Public Employees--deduct insurance premiums from wages HB 1366. Area Trade Schools--sick leave for teachers HB 1385. Unreturned Tax on Property--amount of penalty HB 1540. Farmers Market--person selling on premises licensed by Ag.
Comm. HB 1580. MARTA--change semi-annual reporting requirements HB 1581. MARTA--purpose for interest on certain investments HB 1584. MARTA Board of Directors--election of secretary HB 1685. Annual Reports of Insurance Commission--public inspection HB 1716. Superintendent of Schools--annual reports HB 1771. Trustees--invest certain funds at surviving spouse's direction HR 666. Decatur County--conveyance of certain real property HR 746. Bulloch County--lease of certain State-owned property

Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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

SB 616. By Senator Shapard of the 28th: A bill to amend an Act known as the "Adequate Program for Education

1744

JOURNAL OP THE SENATE,

in Georgia Act", as amended, so as to authorize and direct the State Board of Education to create by regulation an advisory council on certi fication and classification of teachers and other certified professional personnel.

The Senate Committee on Education offered the following substitute to SB 616:
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), as amended, so as to authorize and direct the State Board of Education to create by regulation the Georgia Teacher Educa tion Council as an advisory body to the State Board of Education; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by adding a new Section between Sections 53 and 54 to be designated Section 53A and to read as follows:
"Section 53A. The State Board of Education is hereby autho rized and directed to create, by regulation of the Board, the Georgia Teacher Education Council as an advisory body to the State Board of Education. The Board shall provide by the regulation creating such Council for the subjects on which the Council shall advise and assist the Board in carrying out the Board's powers and duties under this Act. Said Council shall be composed of such number of repre sentatives of professional educational organizations as the State Board of Education shall determine."
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 substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks

Barnes Bell

Bond Broun of 46th

FRIDAY, FEBRUARY 27, 1976

1745

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Gillis Hamilton of 26th Hill Howard Hudgins Hudson

Kennedy Kidd 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 Brantley Duncan Foster

Garrard Hamilton of 34th Holley Holloway

Langford Lester

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

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

Senator Shapard of the 28th moved that SB 616 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 616 was immediately transmitted to the House.

SB 641. 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 so as to add thereto language to provide that upon any commitment hear ing or trial involving a bank or depository beyond the subpoena power of the court, such shall be admissible as evidence that the drawee bank dishonored the instrument because the accused did not have an account with it or insufficient funds were on deposit at the time the instrument was presented for payment.

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

On the passage of the bill, a roll call was taken, 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 Bond 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 Hill 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:

Brantley Garrard

Holley Holloway

Riley

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 Senate was taken up for the purpose of considering a House amendment thereto:

SB 500. By Senator Langford of the 51st: A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to entitle Deputy Conservation Rangers employed by the Department of Natural Resources to certain payments for a dis ability due to an act of external violence incurred in the line of duty.
The House amendment was as follows:
Amend SB 500 by inserting in the title at the end of line 8 on Page 1 immediately following the word and semicolon "duty;" the following:
"to change certain provisions relative to mandatory retirement ages for certain personnel;".
By redesignating Sections 2 and 3 as Sections 3 and 4 respectively, and by adding a new Section 2 to read as follows:

FRIDAY, FEBRUARY 27, 1976

1747

"Section 2. Said Act is further amended by striking from sub section (c) of Section 15A that sentence thereof which reads as follows:

'The above mandatory retirement ages may be waived for a Conservation Ranger by the Board of Natural Resources or for and alcohol and tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such members who entered service in his respective department on or before December 31, 1964, to complete service sufficient to provide them with twentyfive years of total creditable service.',

and inserting in lieu thereof the following sentence:

'The above mandatory retirement may be waived for a Conserva tion Ranger by the Board of Natural Resources or for an alcohol and tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such members who entered service in his respective department on or before June 30, 1965 to complete
service sufficient to provide them with twenty-five years of total creditable service.' ".

Senator Langford of the 51st moved that the Senate agree to the House amendment to SB 500.

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 Barnes Bell Bond 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 Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Brantley Dean of 31st

Holley Holloway

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

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JOURNAL OF THE SENATE,

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 500.

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

SB 651. By Senator Stephens of the 36th: A bill to amend Code Chapter 56-31, relating to group accident and sickness insurance policies, as amended, so as to provide for coverage for persons who are physically handicapped or who are suffering from specific diseases or disabilities.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, 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 Eldridge Fincher Foster Gillis

Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Pearce Reynolds Riley

Those not voting were Senators :

Bond Brantley Dean of 6th Duncan

Garrard Hamilton of 34th Holley Holloway

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

On the passage of the bill, the ayes were 45, nays 0.

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

Senator Stephens of the 36th moved that SB 651 be immediately transmitted to the House.

FRIDAY, FEBRUARY 27, 1976

1749

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 651 was immediately transmitted to the House.

SB 666. By Senator Hudgins of the 15th: A bill to amend an Act known as the "Municipal Home Rule Act of 1965", as amended, so as to provide that the charter of any city-county consolidated government which was in existence on a certain date may not be amended at the local level pursuant to said "Municipal Home Rule Act".
Senator Hudgins of the 15th offered the following amendment:
Amend SB 666 by striking Section 2 in its entirety and adding a new Section 2 to read as follows:
"This Act shall become effective on December 31, 1977."

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, a roll call was taken, 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

Those not voting were Senators :

Bond Duncan

Holley Russell

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

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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 as amended.

Senator Hudgins of the 15th moved that SB 666 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 666 was immediately transmitted to the House.

Senator McDowell of the 2nd introduced the doctor of the day, Dr. Bearing Nash, of Savannah, Georgia.
The following general bills and resolutions of the Senate and House, favor ably reported by the committee, were read the third time and put upon their passage:
SR 345. By Senator Kidd of the 25th: A resolution creating the Special Committee to Investigate Regional Governments.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, 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 Hill Holloway Howard Hudson Kennedy Kidd Langford Lester

McDuffie McGill Overby Reynolds Riley Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Warren

FRIDAY, FEBRUARY 27, 1976

1751

Those not voting were Senators:

Ballard Bond Holley Hudgins Lewis

McDowell Pearce Robinson Russell Shapard

Summers Timmons Traylor Young

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

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

Senator Kidd of the 25th moved that SR 345 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 345 was immediately transmitted to the House.

SR 370. By Senators Tate of the 38th, Bond of the 39th, Hudgins of the 15th and others:
A resolution directing the State Board of Education to reinstate the sixth-year certificate program.

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

On the adoption of the resolution, a roll call was taken, 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 Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds Riley

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

1752

JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Bond Duncan Holley

Holloway Hudgins McGill Pearce

Shapard Traylor

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

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

Senator Tate of the 38th moved that SR 370 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 370 was immediately transmitted to the House.

SR 374. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain State-owned real property located in Harris County, Georgia, to the Ida Cason Callaway Foundation and the acceptance of certain property owned by the Ida Cason Callaway Foundation, located in Harris County, Georgia, in consideration therefor.

The Senate Committee on Public Utilities offered the following amendment:
Amend SR 374 by striking on Page 2, line 16, the words "all or part of",
and
By striking on Page 3, line 6, the words "or any part".

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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Banks Barker Barnes

Bell Bond Brantley

Brown of 47th Carter Coverdell

FRIDAY, FEBRUARY 27, 1976

1753

Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard

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

Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Broun of 46th Holley Holloway

Hudgins Hudson Pearce Russell

Shapard Timmons

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

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

Senator Hill of the 29th moved that SR 374 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 374 was immediately transmitted to the House.

HB 1017. By Representatives Howard of the 19th, Harrison of the 20th, Milford of the 13th and others:
Senate Sponsor: Senator McDuffie of the 19th.
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.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1017:
A BILL
To be entitled an Act 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; to provide that the

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JOURNAL OF THE SENATE,

provisions of local legislation affecting compensation of the tax collectors and tax commissioners of the various counties shall remain in full force and effect, except where the same provides for a salary lower than the salary provided in this Act; to provide that the provisions of this Act shall not be construed to place any tax collector or tax commissioner upon an annual salary in lieu of the fee system of compensation, until local legislation is enacted by the General Assembly of Georgia placing any such officers on an annual salary; 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. Nothing contained within this Act shall apply to any tax commissioner or tax collector who shall be compensated by the fee system of compensation in lieu of a fixed salary.

Section 2. Any other provision of law to the contrary notwithstand ing, the minimum annual salary of each tax collector and tax commis sioner in each county of the State of Georgia who shall be compensated by an annual salary shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any such future census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the fol lowing schedule:

Population
0-- 6,999 6,000-- 11,999 12,000-- 19,999 20,000-- 29,999 30,000-- 39,999 40,000-- 49,999 50,000-- 99,999 100,000 --199,999 200,000 --and up

Minimum Salary
$ 9,100 $11,700 $13,000 $14,300 $15,600 $16,900 $18,200 $19,500 $20,000

Section 3. The provisions of any local acts in effect on the effective date of this Act or enacted subsequent to the effective date of this Act which deal with the compensation of the various tax collectors or tax commissioners shall remain of full force and effect, except in those instances where such local acts shall provide for a salary which is less than the minimum salary provided for in this Act, in which event the
provisions of this Act shall prevail.

Section 4. The provisions of this Act shall not be construed so as to place any tax collector or tax commissioner who is on the fee system of compensation on the effective date of this Act on a salary system of compensation. Any such officer who is compensated under the fee system of compensation on the effective date of this Act shall continue to be compensated pursuant to the fee system of compensation until the Gen-

FRIDAY, FEBRUARY 27, 1976

1755

eral Assembly shall by a local act abolish the fee system of compensation for such officer and place him upon an annual salary equal to or greater than the minimum annual salary provided for in this Act. However no tax collector's or tax commissioner's salary shall be increased during their present term.

Section 5. 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 offered by the Committee on County and Urban Affairs to HB 1017 by adding between lines 6 and 7 on Page three a new Section to read as follows:

"This Act shall only apply to elected officials for these positions."

On the adoption of the amendment, the yeas were 35, nays 3, and the amend ment to the committee substitute was adopted.

Senator Duncan of the 30th moved to commit HB 1017 to the Committee on County and Urban Affairs.

On the motion, Senator Ballard of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brantley Carter Coverdell Doss Duncan Eldridge Fincher Foster

Hamilton of 26th Hill Howard Hudson Langford McGill Russell Shapard Stumbaugh

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bond Broun of 46th
Brown of 47th
Dean of 6th
Dean of 31st

Garrard Gillis Holloway Kennedy Kidd Lester
Lewis
McDowell
McDuffie

Summers Sutton Thompson Timmons Turner Tysinger Warren Young
Overby Reynolds Riley Robinson Starr Stephens Tate Traylor

1756

JOURNAL OF THE SENATE,

Those not voting were Senators:

Hamilton of 34th Holley

Hudgins

Pearce

On the motion to commit, the yeas were 26, nays 26, and the motion was lost.

Senator Duncan of the 30th moved that HB 1017 be tabled.

On the motion to table, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brantley Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher

Foster Hamilton Hill Howard Hudson Langford McGill Robinson Shapard

Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Dean of 6th Garrard

Gillis Holloway Kennedy Kidd Lester Lewis McDowell McDuffie Overby

Reynolds Riley Russell Starr Stephens Tate Traylor

Those not voting were Senators:

Hamilton of 34th Holley

Hudgins

Pearce

On the motion to table, the yeas were 27, nays 25; the motion prevailed, and HB 1017 was tabled.

HB 1369. By Representatives Hawkins of the 50th, Ross of the 76th, Sizemore of the 136th and others:
Senate Sponsor: Senator Carter of the 14th.
A bill to amend an Act providing for sick leave for teachers in the public schools in this State so as to provide for leaves of absence for maternity reasons.

FRIDAY, FEBRUARY 27, 1976

1757

Senator Starr of the 44th offered the following amendment:

Amend HB 1369 by inserting in the title in line 8 on Page 1 im mediately preceding the phrase "to repeal conflicting laws;", the following:

"to provide an effective date;".

By redesignating 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 31, nays 0, and the amend ment was adopted.

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

On the passage of the bill, a roll call was taken, 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 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:

Holley

Holloway

Hudgins

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

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

1758

JOURNAL OF THE SENATE,

Senator Ballard of the 45th moved that the following general bill of the House, read the third time and tabled previously today, be removed from the table and put upon its passage:

HB 1017. By Representatives Howard of the 19th, Harrison of the 20th, Milford of the 13th and others:
Senate Sponsor: Senator McDuffie of the 19th.
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.

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 Barnes Bond Broun of 46th Brown of 47th Dean of 6th Dean of 31st Duncan Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby

Those voting in the negative were Senators:

Bell Brantley Coverdell Doss Eldridge Hill

Howard Langford McGill Russell
Stumbaugh Sutton

Those not voting were Senators:

Carter Holley

Holloway Hudgins

Pearce Reynolds Riley Robinson Shapard Starr Stephens Summers Tate Traylor
Thompson Timmons Turner Tysinger Warren Young

On the motion, the yeas were 34, nays 18; the motion prevailed, and HB 1017 was removed from the table and put upon its passage.

Senator McDuffie of the 19th offered the following amendment:
Amend HB 1017 by deleting on Page 2, line 3, starting with the thru line 8 ending with "following schedule" and

FRIDAY, FEBRUARY 27, 1976

1759

Adding the following words "Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:"

On the adoption of the amendment, the yeas were 32, nays 4, and the amend ment offered by Senator McDuffie of the 19th was adopted.

Senator Duncan of the 30th offered the following amendment:
Amend HB 1017 by striking the figure "15,000" on line 17 and inserting the figure "14,500".

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment offered by Senator Duncan of the 30th was adopted.

On the adoption of the committee substitute, the yeas were 1, nays 38, and the committee substitute to HB 1017 was lost.

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

On the passage of the bill, a roll call was taken, 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
Coverdell
Dean of 31st
Fincher

Garrard Gillis Hamilton Howard Hudgins Hudson Kennedy
Kidd
McDowell
McDuffie
Overby

Those voting in the negative were Senators:

Bell Doss Duncan Eldridge Foster Hamilton of 26th Hill

Langford Lewis McGill Robinson Russell Stumbaugh

Pearce Reynolds Riley Shapard Starr Stephens Summers Tate Thompson Traylor
Sutton Timmons Turner Tysinger Warren Young

1760

JOURNAL OF THE SENATE,

Those not voting were Senators:

'Carter Dean of 6th

Holley Holloway

Lester

On the passage of the bill, the yeas were 32, nays 19.

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

Senator McDuffie of the 19th moved that HB 1017 be immediately trans mitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1017 was immediately transmitted to the House.

Senator Sutton of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1017.

The President stated that since a motion to immediately transmit HB 1017 to the House had prevailed, the notice of motion to reconsider was out of order.

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

HB 1503. By Representative Adams of the 36th:
Senate Sponsor: Senator Hill of the 29th.
A bill to amend an Act entitled the "Georgia Land Sales Act of 1972", so as to provide for a limitation of actions.

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

On the passage of the bill, a roll call was taken, 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
Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th
Hill Holloway Howard Hudgins Hudson Kennedy Kidd

FRIDAY, FEBRUARY 27, 1976

1761

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Young

Voting in the negative was Senator Warren.

Those not voting were Senators:

Carter Fincher

Holley Robinson

Starr

On the passage of the bill, the yeas were 50, nays 1.

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

The following resolution of the Senate was introduced, read the first time and put upon its adoption:

SR 402. By Senators Eldridge of the 7th and Holloway of the 12th:
A resolution relative to adjournment from noon on February 28, 1976, until 10:00 a.m. on March 1,1976.

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Coverdell Doss Eldridge Foster Garrard Hamilton of 26th Hamilton of 34th

Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

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

1762

JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th Carter Dean of 6th Dean of 31st

Duncan Fincher Gillis Hill

Holley Langford Stephens Traylor

On the adoption of the resolution, the yeas were 44, 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 1627. By Representatives Smith of the 42nd and Smith of the 78th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 68B-312, relating to the periods of suspen sion for drivers' licenses, so as to provide for periods for which a per son's driver's license shall be suspended upon conviction of certain crimes, accumulation of certain "points" or failure to submit to a chemical test.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, 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 Lester Lewis McDuffie -McGill Overby Pearce Reynolds

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

FRIDAY, FEBRUARY 27, 1976

1763

Those not voting were Senators:

Brantley Broun of 46th Carter Duncan

Fincher Holley Hudgins Langford

McDowell Riley Warren

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1750. By Representatives Buck of the 95th and Ware of the 68th:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide a new Chapter relating to comprehensive health care plans; to adopt a Health Care Plan Act; to provide for a short title ("Health Care Plan") and the scope of the Act; to define certain terms; to pro vide for the organization of health care corporations.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing amendment:
Amend HB 1750 by striking on Page 8, line 30, continuing through Page 9, line 10, in their entirety subsections (b) and (c), and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) If otherwise authorized by law, organize, manage and promote a prepaid comprehensive health care plan; it being the intent hereof that nothing contained herein shall be deemed to authorize the formation of an organization to provide such com prehensive health care unless otherwise authorized by law.
(c) Contract or otherwise act jointly with a hospital service corporation, a medical service corporation, a professional service corporation, a partnership or other organization for the purpose of organizing, managing and promoting such prepaid plans for the provision of services which such corporation is authorized to estab lish in accordance with the laws of this State."

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 passage of the bill as amended, was agreed to.

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

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JOURNAL OF THE SENATE,

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 Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudson Kennedy Kidd 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 voting in the negative were Senators:

Hill

McDowell

Those not voting were Senators:

Barker Dean of 6th

Fincher Holley

Hudgins Langford

On the passage of the bill, the yeas were 48, nays 2.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
HB 1464. By Representative Adams of the 36th:
A bill to amend an Act known as the Urban Redevelopment Law, so as to empower municipalities and counties to make loans and grants from funds received from the federal government to owners of private housing for the purpose of financing the rehabilitation of such housing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brown of 47th Carter Coverdell

FRIDAY, FEBRUARY 27, 1976

1765

Dean of 31st Doss Eldridge Garrard Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd

Lester Lewis McDowell McDuffie McGill Pearce Reynolds Robinson Russell Shapard Stumbaugh

Summers Button Tate Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Brantley Broun of 46th Dean of 6th Duncan Fincher

Foster Hamilton of 34th Holley Holloway (presiding) Hudgins

Langford Overby Riley Starr Stephens

On the passage of the bill, the yeas were 40, nays 1.

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

HB 1620. By Representatives Phillips of the 120th, Nessmith of the 82nd and Clifton of the 107th:
Senate Sponsor: Senator McGill of the 24th.
A bill to provide for the regulation of professional soil classifying; to provide for definitions; to provide for a State Board of Registration for Professional Soil Classifiers, and its members, powers, duties and au thority; to provide for an advisory council and its members, powers, duties and authority.

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

On the passage of the bill, a roll call was taken, 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 Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kennedy Kidd Lester

1766

JOURNAL OF THE SENATE,

Lewis McDowell McDuffie McGill
Overby Reynolds Riley

Robinson Russell Shapard Starr
Stumbaugh Summers Button

Tate Thompson Timmons Traylor
Turner Tysinger Young

Those not voting were Senators:

Brantley Dean of 6th Duncan Pincher

Holley Holloway (presiding) Hudgins Langford

Pearce Stephens Warren

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.

HB 1763. By Representatives Walker of the 115th, Coleman of the 118th, Jessup of the 117th and others:
Senate Sponsor: Senator Barker of the 18th.
A bill to amend an Act establishing and creating a program to provide scholarships to the children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty so as to change certain provisions relating to eligibility.

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

On the passage of the bill, a roll call was taken, 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 Eldridge

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Lester Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Starr Stumbaugh Summers Sutton

FRIDAY, FEBRUARY 27, 1976

1767

Tate Thompson Timmons

Traylor Turner Tysinger

Warren Young

Those not voting were Senators:

Brantley Dean of 6th Duncan

Fincher Holley Hudgins

Langford Shapard Stephens

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1447. By Representative Buck of the 95th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to accumulated days of forfeited annual and sick leave.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning and Budget Officer

DATE:

February 19, 1976

SUBJECT: Fiscal Note--House Bill 1447 Floor Amendment Employees' Retirement System

The Bill has no financial impact on the Fund.

The Amendment changes the effective date only.

/s/ E. B. Davis State Auditor
/s/ J. T. Mclntyre, Jr. State Planning and Budget Officer

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

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

1768

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

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

Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis
McDowell
McDuffie
McGill
Overby
Reynolds
Riley
Robinson

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

Those not voting were Senators:

Banks Brantley Broun of 46th Eldridge

Fincher Holley Holloway Langford

Pearce Sutton

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

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

The following local, uncontested resolutions of the Senate and House, favor ably reported by the committee, were read the third time and put upon their adoption:

SR 377. By Senator McDuffie of the 19th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Dodge County by the qualified voters of said County and to provide for education dis tricts in connection therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

FRIDAY, FEBRUARY 27, 1976

1769

"(a) The Board of Education of Dodge County shall be com posed of seven citizens of said County elected by the voters of said County as hereinafter provided.

(b) One member of the said Board of Education shall be elected at large from the Dodge County School District and such member may reside anywhere within said Dodge County School District.

(c) For the purpose of electing the remaining members of said Board of Education, Dodge County shall be divided into five Education Districts to be composed of that territory of Dodge County embraced within the Militia Districts thereof as follows:

Education District 1: Militia District 384 (Eddins), Militia District 1455 (Empire) and That portion of Militia District 317 (Rawlins) which lies west of Gum Swamp Creek.

Education District 2: Militia District 1456 (Mullis), Militia District 1709 (Plain Field), Militia District 1674 (Younker) and That portion of Militia District 317 (Rawlins) which lies east of Gum Swamp Creek.

Education District 3: Militia District 1829 (McCranie), Militia District 1751 (Milan), Militia District 364 (Mitchell) and Militia District 339 (Pond Town).

Education District 4: Militia District 1254 (Chauncey), Militia District 1438 (Clark), Militia District 1875 (Emmaus), Militia District 1881 (Jaybird), Militia District 1454 (Jones) and Militia District 1702 (Vilula).

Education District 5: Militia District 349 (Lees).

(d) Two members of the Board of Education shall be elected from Education District 5, and for the purpose of electing said members, there shall be two posts for Education District 5 to be designated Post 1 and Post 2. A member of the Board of Education shall be a resident of his respective Education District during his term of office, and a candidate for membership on said Board shall have been a resident of the Education District for which he offers for election at least one year prior to the date of his election. Each person offering for election as a member of said Board shall specify the Education District, and in the case of District 5, the Post for

1770

JOURNAL OF THE SENATE,

which he is offering. All members of the Board representing Educa tion Districts shall be elected by a majority vote of the qualified voters voting within their respective Education Districts at the elections provided for hereinafter. The member elected at large shall be elected by a majority vote of the qualified voters of the entire Dodge County School District voting at the elections provided for hereinafter. All members of said Board shall be nominated and elected in accordance with the provisions of Georgia Code Title 34 known as the "Georgia Election Code", as now or hereafter amended.

(e) The first members of the Board from the Dodge County School District at large and from Education Districts 1, 3 and 5, Post 1, shall be elected at a special election to be held on November 23, 1976, and shall take office on the first day of January, 1977, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The first member elected from the Dodge County School District at large, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mr. G. B. Birch, or his successor, and the term of office of such incumbent member is hereby fixed to expire on December 31, 1976. The first member elected from Education District 1, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mr. Norman Hardy, or his successor, and the term of office of such incumbent member is hereby fixed to expire on December 31, 1976. The first member elected from Education District 3, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mr. Jack Studstill, or his successor, and the term of office of such incumbent member is is hereby fixed to expire on December 31, 1976. The first member elected from Education District 5, Post 1, as hereinabove provided, shall be the successor to the incumbent member of the heretofore existing Board of Education of Dodge County, Mrs. Myrtice Ed wards, or her successor, and the term of office of such incumbent member is hereby fixed to expire on December 31, 1976.

(f) For the period beginning on January 1, 1977, and ending on December 31, 1978, the Board of Education of Dodge County shall consist of the member elected from the Dodge County School District at large and the three members from Education Districts 1. 3, and 5, Post 1, elected at the special election to be held on November 23, 1976, as hereinabove provided and the three other members of the heretofore existing Board of Education of Dodge County, Mr. Math Parkerson, Mr. Stuart Kelley and Mr. Jimmy Andrews, or their successors, and the terms of office of such three members of such heretofore existing Board are hereby fixed to
expire on December 31, 1978.

(g) The first members of the Board from Education Districts 2. 4 and 5, Post 2, shall be elected at the general election of 1978,

FRIDAY, FEBRUARY 27, 1976

1771

and shall take office on the first day of January, 1979, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.

(h) Vacancies which occur on the Board by death, resignation, removal from the Education District or for any other reason shall be filled by the remaining members of the Board electing a successor to serve until a successor is elected at the next general election to serve for the unexpired term or for a full term, as the case may be. Any person elected by the Board or at the general election to fill a vacancy shall be a resident of the Education District in which the vacancy occurred.

(i) The Board of Education of Dodge County provided for herein shall be subject to all constitutional and statutory provisions of this State relative to county boards of education and the mem bers thereof, except as otherwise provided herein.

(j) This amendment to the Constitution shall become effective immediately upon the certification by the Secretary of State of the results of the election at which this amendment was ratified."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to provide for the election of the members of the Board of
( ) NO Education of Dodge County by the qualified voters of said County and to provide for education districts in connection therewith?"

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 taken, and the vote was as follows:

1772

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

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

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie
McGill
Overby
Pearce
Riley

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

Those not voting were Senators:

Brantley Coverdell Fincher

Hamilton of 34th Holley Holloway

Langford Reynolds

On the adoption of the resolution, the yeas were 48, nays 0.

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

SR 381. By Senator Traylor of the 3rd:
A RESOLUTION
Proposing an amendment to the 'Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratifica tion or rejection; for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V of the Constitution is hereby amended by striking from Paragraph I the following:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of a minimum of three (3) and a maximum of five (5) citizens of Liberty County appointed by the governing authority of Liberty County and the Representative of Liberty County in the General Assembly. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall

FRIDAY, FEBRUARY 27, 1976

1773

appoint them, and the Representative shall serve a term which shall coincide with his term in the General Assembly.",

and inserting in lieu thereof the following:

"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of one member appointed by the governing authority of Liberty County, one member appointed by the governing authority of the City of Hinesville and one member to be appointed by the governing body of the Liberty County Chamber of Commerce, provided that no member may be an elected official of the City of Hinesville or Liberty County. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the member appointed by the govern ing body of the Liberty County Chamber of Commerce shall serve a term of four years."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to change the provisions relating to the membership of the
( ) NO Liberty County Industrial Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Dean of 6th Dean of 31st Doss Duncan Eldridge

Foster Garrard Gillis Hamilton of 26th Hill Howard Hudgins

1774

JOURNAL OF THE SENATE,

Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Coverdell Fincher

Hamilton of 34th Holley Holloway

Langf ord Reynolds

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 707. By Representatives Harden of the 154th and Leggett of the 153rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XV of the Constitution is hereby amended by adding a new Section at the end of said Article to read as follows:
"The governing authority of Glynn County is hereby authorized to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises at any time from 11:55 p.m. on Saturdays and two hours immediately following such time and at such other time as authorized by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

FRIDAY, FEBRUARY 27, 1976

1775

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Glynn County to authorize
( ) NO the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises at any time from 11:55 p.m. on Saturdays and two hours immediately following such time and at such other time as authorized by 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 vote "No".

If such 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 taken, 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 Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Riley

Those not voting were Senators:

Brantley
Coverdell Fincher

Hamilton of 34th
Holley Holloway

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

1776

JOURNAL OF THE SENATE,

HR 717. By Representatives Burruss of the 21st, Cooper of the 19th, Nix of the 20th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act or acts for any matters relative to the disposition of the assets and obligations of any munici pality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality; to provide for the submission of this amendment for ratification or rejections; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XI, Section I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"In the event the General Assembly abolishes any municipality lying wholly within Cobb County by the repeal of the act providing a charter for such municipality, then the General Assembly shall be authorized to provide by local act, either as a part of the act repealing such charter or by a separate local act or by a combina tion thereof, for any matters relative to the disposition of the assets and obligations of such abolished municipality. Without limiting the generality of the foregoing, the General Assembly shall be authorized to provide by any such local act that Cobb County shall be the successor government to such abolished municipality for any or all purposes, and that the property and other assets thereof shall become the property and assets of Cobb County, and that the obligations of such municipality outstanding on the date of its abolishment shall become the obligations of Cobb County, in such manner and pursuant to such terms, conditions and require ments as the General Assembly may provide. The General Assembly specifically shall be authorized to provide by any such local act for the creation of a special district comprising the territory of the abolished municipality and to require taxation by Cobb County only within such district for the purpose of paying the principal and interest on any bonded indebtedness of such municipality out standing on the date of its abolishment and for the purpose of providing services within such district. It shall not be necessary for any such local act repealing the charter of such municipality or exercising the authority herein granted to the General Assembly, or both, to be conditioned for its effectiveness on a referendum, either within the municipality for which the charter is being re pealed or within Cobb County."

Section 2. The above proposed amendment to the Constitution shall
be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

FRIDAY, FEBRUARY 27, 1976

1777

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by local act or acts
( ) NO for any matters relative to the disposition of the assets and obligations of any municipality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality?"

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 taken, 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 Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Riley

Those not voting were Senators:

Brantley Coverdell Fincher

Hamilton of 34th Holley Holloway

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

On the adoption of the resolution, the yeas were 48, nays 0.

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

1778

JOURNAL OF THE SENATE,

HR 718. By Representative Tucker of the 73rd:

A RESOLUTION

Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, pro mote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or transshipment facilities by authorizing the governing authority of Henry County or any municipal corporation within Henry County to provide for the exemption from all ad valorem taxation by such govern ing authority of all tangible personal property within Henry County in transit through Henry County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Henry County and 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 transshipment facilities, the governing authority of Henry County or any municipal corporation within Henry County shall have the authority to provide for the exemption from all ad valorem taxation by such governing authority of tangible personal property transported into the territorial 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, processed or refined in Henry County and stored therein for shipment 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 Henry 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, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to provide that in order to encourage and enhance overall

FRIDAY, FEBRUARY 27, 1976

1779

( ) NO

economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transship ment facilities, the governing authority of Henry County or of any municipal corporation within Henry County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Henry County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Henry County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Riley

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

Those not voting were Senators:

Brantley Coverdell Fincher

Hamilton of 34th Holley Holloway

Langford Reynolds

1780

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 721. By Representative Collins of the 144th:
A RESOLUTION
Proposing an amendment to the Constitution so as to establish the DOWNTOWN CAMILLA DEVELOPMENT AUTHORITY and to pro vide for the powers, duties, and responsibilities of said authority; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY 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:
"1. There is hereby created in the City of Camilla, Mitchell County, Georgia, the Downtown Camilla Development Authority, to be composed of nine (9) members, seven (7) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Downtown Camilla Area, as hereinafter defined, or officers at the time of appointment of a corporation or other association owning such real estate or in fee or for life of an undivided interest in such real estate, and they shall be eligible to serve for the term for which they are appointed; one member shall be the Mayor of the City of Camilla by virtue of his office and one (1) member shall be the Camilla District member of the Mitchell County Board of Commissioners by virtue of his office and the other seven (7) shall be owners of property in the Downtown Business District of Camilla, as hereinafter defined. All members shall be residents of Mitchell County. The Mayor of the City of Camilla shall serve during his term of office as mayor. The County Commission member shall serve during his term of office as commissioner. The other seven (7) members shall be elected by the property owners of the Camilla Downtown Business District with three (3) of them initially serving three (3) years, three (3) of them initially serving two (2) years and one (1) of them initially serving one (1) year. Election thereafter shall be for three (3) year terms. The Downtown Camilla Development Authority shall adopt and abide by its own by-laws establishing meeting dates, quorums, the recalling of members and other pertinent procedures.
2. The Camilla Downtown Business District shall consist of that area Beginning at the northeast corner of Bank of Camilla property and run along the east side of said property south to Broad Street; run thence west along Broad Street to the northeast corner

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of the Post Office property, run thence along the east side of the Post Office property and an extension of said line south to Stevens Street; run thence west along Stevens Street to South Scott Street, thence north along South Scott Street to the northeast corner of the Southern Bell property, run thence west along the north line of Southern Bell lot to Butler Street, run thence north along Butler
Street and a proposed extension thereof to Oakland Avenue, run thence east along Oakland Avenue to the intersection with North Butler Street run thence north along North Butler Street to the northwest corner of the Piggly Wiggly property, run thence along the north side of the Piggly Wiggly property to North Scott Street, run thence south along North Scott Street to its intersection with the GAS&C Railroad right of way, run thence along said railroad right of way in a northeasterly direction to North Harney Street, continuing in an easterly direction along said railroad right of way to an extension of City Hall Alley, run thence south along said alley to Oakland Avenue, run thence east along Oakland Avenue to the northeast corner of property owned by Planters & Citizens Bank, run thence south along the east margin of said bank property to the north margin of the City Hall lot, run thence to and along the north margin of Bank of Camilla property to the northeast corner thereof and the Point and Place of beginning.

3. The Downtown Camilla Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible or intangible at public or private sale with or without advertisement, and to do all things necessary to the accomplishment of its purposes.
4. The purpose of said Authority shall be the redevelopment and improvement of the Camilla Downtown Business District and said Authority shall have the power to employ engineers, architects, surveyors, landscape architects, planners and other in the further ance of its purpose, to assist public bodies and private owners in the improvement of public and private properties by assisting in the planning therefor, to contract for the construction, remodeling, altering and demolition of buildings, and to contract with the City of Camilla and other public bodies for the construction, reconstruc tion, altering and changing streets, alleys, parking lots and malls.
5. The Authority shall have the power to designate the Camilla Downtown Business District as a special tax district and collect taxes within said district not exceeding five mills based on values fixed by the tax digest of the City of Camilla, Georgia, or the tax digest of the County of Mitchell as provided by law, to defray the costs of foregoing, and to issue executions and enforce payment to same in the same manner as tax executions for the City of Camilla are issued and enforced. Such executions shall be issued in the name of the Authority and shall be signed by an Authority member as chairman or clerk. Said tax executions shall bear interest and fi. fa. costs at the same rate and amount as tax executions of the City of Camilla. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of Camilla. The Authority may contract with the City of Camilla for the collection of any taxes levied by the Authority.

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6. The Authority shall have the power to issue notes or other evidences of indebtedness including revenue bonds or revenue certificates, and to pledge revenues and to levy and collect taxes as hereinabove provided for the retirement of said indebtedness and to issue executions for enforcement thereof as provided in Paragraph 5, provided, however, that the aggregate levy of taxes as provided for in Paragraph 5 of this paragraph shall not exceed five mills. Obligations of Authority may be secured by the pledge or conveyance of all or any part of its assets, real or personal, tangible or in tangible, by the obligations of the Authority shall not be obligations of the City of Camilla or the State of Georgia. The Authority shall have the right to accept gifts and grants from whatever source and use them for its general purpose. The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Camilla.

7. No taxes shall be levied by said Authority for any purpose against property other than real property or against any real property occupied by the owner exclusively as a residence or against any real property not subject to taxation by the City of Camilla.

8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives.

9. No funds of the Authority, except for planning, engineering and design, shall be spent on the improvement of private property.

10. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the Authority, and may enlarge the same and may likewise further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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 Camilla De-
( ) NO velopment Authority and to provide for the powers, duties, and responsibilities of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph

FRIDAY, FEBRUARY 27, 1976

1783

of the Constitution, it shall become a part of the Constitution of this State, and shall be effective immediately upon proclamation of its ratifi cation by the Governor.

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 taken, and the vote was as follows:

Those voting1 in the affirmative were Senators:

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

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Riley

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

Those not voting were Senators:

Brantley Coverdell Fincher

Hamilton of 34th Holley Holloway

Langford Reynolds

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 733. By Representatives Cooper, Wilson and Howard of the 19th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from the city ad valorem taxation to resident homeowners in the City of Powder Springs who are under the age of 65 in an amount of two thousand dollars ($2,000.00) ; to provide a homestead exemption from city ad valorem taxation to resident home-

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owners in the City of Powder Springs who are 65 years of age or older, in an amount of four thousand dollars ($4,000.00); to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following:

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

A homestead of each resident who is 65 years of age or older, of the City of Powder Springs actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

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

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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.

FRIDAY, FEBRUARY 27, 1976

1785

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Riley

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

Those not voting were Senators:

Brantley
Coverdell Fincher

Hamilton of 34th
Holley Holloway

Langford Reynolds

On the adoption of the resolution, the yeas were 48, nays 0.

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

Senator Banks of the 17th gave notice that at the proper time he would
move that the Senate reconsider its action in passing the following local bill of the House:

HB 1857. By Representative Tucker of the 73rd:
A bill to create and establish a Small Claims Court in and for Henry County; to prescribe 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.

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 the following bill of the House and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:

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HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977; to make and provide such appropriations for the operation of the State Government, its depart ments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Harris of the 8th, Vaughn of the 57th and Collins of the 144th.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977, for the operation of State Government.

Senator Broun of the 46th moved that the Senate adhere to the Senate substitute to HB 1350 and that a Conference Committee be appointed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1350.

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

Senators Broun of the 46th, Riley of the 1st and Holloway of the 12th.

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

At 12:38 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

SATURDAY, FEBRUARY 28, 1976

1787

Senate Chamber, Atlanta, Georgia Saturday, February 28,1976

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Broun of the 46th reported that the journal of yesterday's proceed ings had been read and found correct.

Senator Banks of the 17th moved that the Senate reconsider its action in passing the following local bill of the House:

HB 1857. By Representative Tucker of the 73rd:
A bill to create and establish a Small Claims Court in and for Henry County; to prescribe 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.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1857 was 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:

HB 2025. By Representative Owens of the 77th:
A bill to amend an Act creating the Board of Commissioners of Columbia County so as to change the manner of electing the chairman of the board of commissioners of roads and revenues of Columbia County.
HB 2026. By Representatives Hutchinson of the 133rd, White of the 132nd, McCollum of the 134th and Hatcher of the 131st:
A bill to amend an Act creating a new charter for the City of Albany so as to give to the City of Albany jurisdiction and authority over certain properties heretofore conveyed by the State of Ga. to the City of Albany known as Chehaw Park, located partly in Dougherty County and partly in Lee County beyond the corporate limits of the city.

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JOURNAL OP THE SENATE,

HB 2028. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Nunez in the County of Emanuel so as to change the terms of office of the mayor and alder men of said town from one year to two years.

HB 2029. By Representatives Dover of the llth and Irvin of the 10th:
A bill to amend an Act incorporating the Town of Cornelia so as to increase the maximum amount of punishment for violation of ordinances and contempt of court by increasing the maximum amount of fine which may be imposed and by increasing the maximum number of days for which a person may be sentenced to serve in jail.

HB 2031. By Representative Ross of the 76th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County so as to place the tax commissioner on an annual salary; to provide for clerical help; to provide for public funds and fees; to provide an effective date.

HB 2032. By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of Probate Court of Warren County so as to authorize the judge of probate court to employ clerical help; to provide for the compensation and duties of such clerical help.

HB 2033. By Representatives Colwell and Twiggs of the 4th:
A bill to provide for the election of the members of the Board of Educa tion of Lumpkin County; to provide for the appointment of the county school superintendent of Lumpkin County by the Board of Education of Lumpkin County.
HB 2035. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A bill to amend an Act creating the Macon-Bibb County Urban Develop ment Authority so as to change the procedure by which said Authority is authorized to exercise the power of eminent domain.
HB 2036. By Representatives Adams of the 79th and Smith of the 78th:
A bill to amend an Act incorporating the City of Concord so as to pro vide for the office, election, qualification, term, vacancy, and removal of Mayor; to provide for the offices, election, qualifications, and terms of Councilmen.
HB 2023. By Representatives Johnson, Harris and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court,

SATURDAY, FEBRUARY 28, 1976

1789

Tax Commissioner and Judge of the Probate Court of Cherokee County on the salary system in lieu of fees so as to change the provisions relative to the employees of said officers.

HB 2024. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to provide for the appointment beginning Jan. 1, 1977, of the Oconee County School Superintendent by the Board of Education of Oconee County; to provide the procedures connected therewith; to provide for a referendum.

HB 2041. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the corporate limits of said city.

HB 2042. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to change the commissioner districts; to provide for the election of members of the board by the electors of the member's district only.

HB 2044. By Representative Oxford of the 116th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary so as to increase the compensation of the clerk and deputy clerks.

HB 2045. By Representative Miles of the 86th:
A bill to provide and fix the compensation of certain elected officials in counties of this State having a population of not less than 145,000 nor more than 165,000 according to the U. S. Decennial Census, or any future such census; to provide for the employment and compensation for personnel of certain elected officials.

HB 2051. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating and incorporating the City of Mountain View so as to change the corporate limits of said city; to provide that vacancies on the council shall not be filled.

HB 2053. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to amend an Act creating and incorporating the City of Mountain View so as to authorize the mayor and council to levy a five mill tax by ordinance; to provide that no elected official shall receive any com pensation whatsoever.

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JOURNAL OF THE SENATE,

HB 2052. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a new Board of Education of Grady County so as to change the compensation of the members of the board of education; to provide additional compensation for that member elected to serve as chairman of the board of education.

HB 2054. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to repeal an Act creating and incorporating the City of Mountain View; to provide for a referendum; to provide an effective date.

HB 2056. By Representatives Elliott of the 49th, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating and establishing a recorder's court for DeKalb County so as to authorize appointment of inspectors; to provide for authority and jurisdiction of inspectors; to provide for issuance and return of summons.

HB 2057. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and White of the 132nd:
A bill to create and establish a Small Claims Court in and for Dougherty County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, qualifications, and substitutions of the judge of said court.

HB 2059. By Representative Hatcher of the 131st:
A bill to amend an Act creating the State Court of Daugherty County, formerly known as the City Court of Albany, so as to change the civil jurisdiction of said court; to provide that said court shall be a court of record.

HB 2060. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide a new charter for the City of Valdosta and to repeal existing charters; to define the limits of the City; to provide defini tions; to provide corporate powers; to provide for ordinances; to pro vide for electors and elections; to provide for a mayor and council.

HB 2062. By Representative Hanner of the 130th:
A bill to amend an Act placing the Sheriff of Terrell County, Georgia on an annual salary in lieu of the fee system of compensation so as to change the minimum compensation of the Deputy Sheriff of Terrell County.

HB 2065. By Representative Jessup of the 117th: A bill to amend an Act creating the office of Commissioner of Bleckley

SATURDAY, FEBRUARY 28, 1976

1791

County so as to change the compensation of the commissioner; to pro vide an effective date.

HB 2066. By Representative Jessup of the 117th:
A bill to amend an Act authorizing the employment of a certified ac countant to audit all county books annually for the County of Bleckley so as to change the provisions relative to the date for said audit.

HB 2068. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners for Houston County so as to change the provisions relative to filling vacancies.

HB 2070. By Representatives Kreeger and Burruss of the 21st, Nix and Edwards 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; to change the date on which elections shall be held to elect a mayor and seven councilmen for the City of Smyrna.

HB 2072. By Representatives Stone and Harris of the 138th:
A bill to change the composition and method of appointing members of the board of hospital authorities of this State having a population of not less than 17,830 and not more than 18,080 according to the U. S. Decennial Census of 1970 or any future such census; to provide an effective date.
HB 2073. By Representatives Williamson of the 45th, Russell of the 53rd, Wil liams of the 54th and others:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays.
HB 2002. By Representatives Parkman and Glanton of the 66th:
A bill to provide for the election of the members of the Board of Edu cation of Carroll County; to provide for education districts and the reapportionment thereof; to provide for the manner of electing members to the board; to provide for definitions; to provide for residency re quirements.
HB 2075. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act creating the State Court of Glynn County so

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JOURNAL OF THE SENATE,

as to change the provisions relating to the compensation of the clerk, chief deputy clerk, and deputy clerks of said court.

HB 2076. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a Board of Commissioners for the County of Grady so as to change the terms of office of the commis sioners on said board and provide for staggered terms; to define the manner of fixing the salary of the chairman of said board.

HB 2077. By Representative Sweat of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville so as to change the provision relating to municipal general elec tions; to change the provisions relating to the terms of office of the mayor and alderman.

HB 1972. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to provide for an increase in the compensation of certain county officers and employees of Bulloch County.

HB 1868. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A bill to amend an Act providing for a board of elections in each county in this State having a population of not less than 60,000 and not more than 65,000 according to the U. S. Decennial Census of 1970, or any future such census, approved Mar. 14, 1973, so as to change the population category within which such boards of election are created.

HB 1654. By Representative Brown of the 34th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb creating a new Charter for such city and for other purposes so as to change the provisions relating to qual ifications of Council members, the President of the Council and the Mayor.

SB 630. By Senator Tralyor of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill in the County of Bryan and granting a new charter to said city, so as to change the corporate limits.

SB 619. Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledgeville, so as to authorize and direct the election superintendent of the City of Milledgeville to conduct an election on certain questions.

SATURDAY, FEBRUARY 28, 1976

1793

SB 618. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, so as to change the term of office of the mayor; to change the date on which the mayor, aldermen and other elected officials take office.

HB 1639. By Representatives Linder of the 44th, Elliott of the 49th, Howard of the 19th and others:
A bill to provide that it shall be unlawful for any person to allow or require any person in his employment under 18 years of age to dispense, serve, sell, deliver or take orders for any alcoholic beverage; to provide a penalty.

HB 1340. By Representatives Culpepper of the 98th, Walker of the 115th, Sams of the 90th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to change the number of strikes which the accused and the State shall have in selecting juries to try felonies; to provide for additional strikes in joint trials.

HB 1408. By Representative Stone of the 138th:
A bill to amend Code Chapter 92-49, relating to tax collectors' duties in general, as amended, so as to permit the receipt by tax commissioners and tax collectors, without personal liability, of checks and money orders; to provide a time of payment; to provide for taxpayer liability.

HB 1784. By Representative McDonald of the 12th: A bill to amend Code Chapter 26-13, relating to the crimes of bodily injury and related offenses, so as to provide for the crime of assault upon a law enforcement officer; to provide for penalties.
SB 586. 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 certain provisions of said Act.
SB 589. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, so as to change the jurisdiction of the Small Claims Court of Baldwin County.
HB 1103. By Representative Ware of the 68th: A bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance so as to

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JOURNAL OF THE SENATE,

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 agreements.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 437. By Senators Lester of the 23rd, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend an Act providing for the control and operation of clinical laboratories, as amended, so as to provide that the provisions of this Act shall not apply to clinical laboratories operated by the State of Georgia.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

HR 807. By Representatives Culpepper of the 98th, and Walker of the 115th:
A resolution authorizing the conveyance of certain State-owned real property located within Macon County to the Macon County Recreation Commission; authorizing the sale and transfer of certain State-owned surplus personal property to the Macon County Recreation Commission.

HR 857. By Representatives Carlisle and Mostiler of the 71st, and Bailey and West of the 72nd:
A resolution proposing an amendment to the Constitution so as to pro vide that effective Jan. 1, 1981, the County School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette County; to provide for the submission of this amendment for ratification or rejection.

HR 846. By Representatives Cole and Foster of the 6th, and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create by law a Small Claims Court for Whitfield County; to provide for the submission of this amend ment for ratification or rejection.

HR 812. By Representatives Snow of the 1st, Peters of the 2nd, and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to create the Lakeview-Fort Oglethorpe-Catoosa County Stadium Author ity; to provide for the submission of this amendment for ratification or rejection.

SATURDAY, FEBRUARY 28, 1976

1795

HR 808. By Representatives Elliott of the 49th, Davis, Tolbert and Floyd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of DeKalb County, Georgia, to pass ordinances, resolutions, rules and regulations authorizing the payment of certain claims from the county treasury not to exceed two hundred dollars per claimant in any one fiscal year; to provide proce dures for the processing of said claims.

HR 806. By Representative Fraser of the 139th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection.

SR 402. By Senators Eldridge of the 7th and Holloway of the 12th: A resolution relative to adjournment.

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

HB 158. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System so as to provide for an additional postretirement benefit adjustment.

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Childs of the 51st and others:
A bill to provide for the compensation of certain county officers and of ficials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.

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

HR 809. By Representatives Mann, Clark and Milford of the 13th and others:
A resolution authorizing the conveyance of certain State property owned by the Board of Regents of the University System of Georgia.

HR 810. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the Macon Bibb County Urban Development Authority to is sue bonds for the purpose of acquiring, constructing, equipping, main-

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taining, operating, extending, repairing and improving land, buildings, and facilities for use by the County of Bibb and the City of Macon, either or both for their governmental, proprietary or administrative functions.

The House has adopted the following resolution of the House:

HR 886. By Representatives Lambert of the 112th, Marcus of the 26th and Murphy of the 18th:
A resolution commending Mr. Garnett McKinley Kirk.

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

SB 709. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27 pertaining to Clerks of Superior Court as amended so as to provide for specific fees for services rendered by the Clerk and the Sheriff in certain civil cases; to specify the procedure in connection with the collection of the same; to specifically repeal certain laws and to specifically preserve certain laws; to provide an effective date.
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 1654. By Representative Brown of the 34th:
A bill to amend an Act reincorporating the City of Atlanta in the Coun ties of Fulton and DeKalb creating a new Charter for such city and for other purposes so as to change the provisions relating to qualifica tions of Council members, the President of the Council and the Mayor. Referred to Committee on County and Urban Affairs.
HB 1868. By Representatives Logan of the 62nd, Russell of the 64th and Mat thews of the 63rd:
A bill to amend an Act providing for a board of elections in each coun ty in this State having a population of not less than 60,000 and not more than 65,000 according to the U. S. Decennial Census of 1970, or any future such census, approved Mar. 14, 1973, so as to change the population category within which such boards of election are created. Referred to Committee on County and Urban Affairs.
HB 1972. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to provide for the increase in the compensation of certain county officers and employees of Bulloch County. Referred to Committee on County and Urban Affairs.

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1797

HB 2002. By Representatives Parkman and Glanton of the 66th:
A bill to provide for the election of the members of the Board of Educa tion of Carroll County; to provide for education districts and the reapportionment thereof; to provide for the manner of electing members to the board; to provide for definitions; to provide for residency re quirements. Referred to Committee on County and Urban Affairs.

HB 2023. By Representatives Johnson, Harris 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 the salary system in lieu of fees so as to change the provisions relative to the employees of said officers. Referred to Committee on County and Urban Affairs.

HB 2024. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to provide for the appointment beginning Jan. 1, 1977, of the Oconee County School Superintendent by the Board of Education of Oconee County; to provide the procedure connected therewith; to provide for a referendum. Referred to Committee on County and Urban Affairs.

HB 2025. By Representative Owens of the 77th:
A bill to amend an Act creating the Board of Commissioners of Columbia County so as to change the manner of electing the chairman of the board of commissioners of roads and revenues of Columbia County. Referred to Committee on County and Urban Affairs.

HB 2026. By Representatives Hutchinson of the 133rd, White of the 132nd, McCollum of the 134th and others:
A bill to amend an Act creating a new charter for the City of Albany so as to give to the City of Albany jurisdiction and authority over certain properties heretofore conveyed by the State of Ga. to the City of Albany known as Chehaw Park, located partly in Dougherty County and partly in Lee County beyond the corporate limits of the city.
Referred to Committee on County and Urban Affairs.

HB 2028. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Nunez in the County of Emanuel so as to change the terms of office of the mayor and alder men of said town from one years to two years. Referred to Committee on County and Urban Affairs.

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HB 2029. By Representatives Dover of the llth and Irvin of the 10th:
A bill to amend an Act incorporating the Town of Cornelia so as to increase the maximum amount of punishment for violation of ordinances and contempt of court by increasing the maximum amount of fine which may be imposed and by increasing the maximum number of days for which a person may be sentenced to serve in jail.
Referred to Committee on County and Urban Affairs.

HB 2031. By Representative Ross of the 76th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County so as to place the tax commissioner on an annual sal ary; to provide for clerical help; to provide for public funds and fees; to provide an effective date.
Referred to Committee on County and Urban Affairs.

HB 2032, By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of Probate Court of Warren County so as to authorize the judge of probate court to employ clerical help; to provide for the compensation and duties of such clerical help. Referred to Committee on County and Urban Affairs.

HB 2033. By Representatives Colwell and Twiggs of the 4th:
A bill to provide for the election of the members of the Board of Edu cation of Lumpkin County; to provide for the appointment of the county school superintendent of Lumpkin County by the Board of Education of Lumpkin County. Referred to Committee on County and Urban Affairs.

HB 2035. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A bill to amend an Act creating the Macon-Bibb County Urban Develop ment Authority so as to change the procedure by which said Authority is authorized to exercise the power of eminent domain. Referred to Committee on County and Urban Affairs.

HB 2036. By Representatives Adams of the 79th and Smith of the 78th:
A bill to amend an Act incorporating the City of Concord so as to pro vide for the office, election, qualification, term, vacancy, and removal of Mayor; to provide for the offices, election, qualifications, and terms of Councilmen. Referred to Committee on County and Urban Affairs.

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HB 2041. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 2042. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to change the commissioner districts; to provide for the election of members of the Board by the electors of the member's district only. Referred to Committee on County and Urban Affairs.

HB 2044. By Representative Oxford of the 116th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary so as to increase the compensation of the clerk and deputy clerks. Referred to Committee on County and Urban Affairs.

HB 2045. By Representative Miles of the 86th:
A bill to provide and fix the compensation of certain elected officials in counties of this State having a population of not less than 145,000 nor more than 165,000 according to the U.S. Decennial Census, or any future such census; to provide for the employment and compensation for personnel of certain elected officials. Referred to Committee on County and Urban Affairs.
HB 2051. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating and incorporating the City of Mountain View so as to change the corporate limits of said city; to provide that vacancies on the council shall not be filled. Referred to Committee on County and Urban Affairs.
HB 2052. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a new Board of Education of Grady County so as to change the compensation of the members of the board of education; to provide additional compensation for that member elected to serve as chairman of the board of education. Referred to Committee on County and Urban Affairs.
HB 2053. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to amend an Act creating and incorporating the City of Mountain View so as to authorize the mayor and council to levy a five mill tax by ordinance; to provide that no elected official shall receive any coftnpensation whatsoever. Referred to Committee on County and Urban Affairs.

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HB 2054. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to repeal an Act creating and incorporating the City of Mountain View; to provide for a referendum; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 2056. By Representatives Elliott of the 49th, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating and establishing a recorder's court for DeKalb County so as to authorize appointment of inspectors; to provide for authority and jurisdiction of inspectors; to provide for issuance and return of summons.
Referred to Committee on County and Urban Affairs.

HB 2057. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and others:
A bill to create and establish a Small Claims Court in and for Dougherty County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, qualifications, and substitutions of the judge of said court.
Referred to Committee on County and Urban Affairs.

HB 2059. By Representative Hatcher of the 131st:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change the civil jurisdiction of said court; to provide that said court shall be a court of record. Referred to Committee on County and Urban Affairs.

HB 2060. By Representatives Beck of the 148th, Patten of the 149th, and Reaves of the 147th:
A bill to provide a new charter for the City of Valdosta and to repeal existing charters; to define the limits of the City; to provide definitions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor and council.
Referred to Committee on County and Urban Affairs.

HB 2062. By Representative Hanner of the 130th:
A bill to amend an Act placing the Sheriff of Terrell County, Georgia, on an annual salary in lieu of the fee system of compensation so as to change the minimum compensation of the Deputy Sheriff of Terrell County. Referred to Committee on County and Urban Affairs.

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HB 2066. By Representative Jessup of the 117th:
A bill to amend an Act authorizing the employment of a certified accountant to audit all county books annually for the County of Bleckley so as to change the provisions relative to the date for said audit. Referred to Committee on County and Urban Affairs.

HB 2068. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners for Houston County so as to change the provisions relative to filling vacancies. Referred to Committee on County and Urban Affairs.

HB 2070. By Representatives Kreeger and Burruss of the 21st, Nix and Edwards 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; to change the date on which elections shall be held to elect a mayor and seven councilmen for the City of Smyrna.
Referred to Committee on County and Urban Affairs.

HB 2072. By Representatives Stone and Harris of the 138th:
A bill to change the composition and method of appointing members of the board of hospital authorities of this State having a population of not less than 17,830 and not more than 18,080 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 2073. By Representatives Williamson of the 45th, Russell of the 53rd, Williams of the 54th and others:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays. Referred to Committee on County and Urban Affairs.
HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions. Referred to Committee on County and Urban Affairs.
HB 2075. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act creating the State Court of Glynn County so as

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to change the provisions relating to the compensation of the clerk, chief deputy clerk, and deputy clerks of said court.
Referred to Committee on County and Urban Affairs.

HB 2076. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a Board of Commissioners for the County of Grady so as to change the terms of office of the commissioners on said board and provide for staggered terms; to define the manner of fixing the salary of the chairman of said board. Referred to Committee on County and Urban Affairs.

HB 2077. By Representative Sweat of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville so as to change the provision relating to municipal general elections; to change the provisions relating to the terms of office of the mayor and alderman. Referred to Committee on County and Urban Affairs.
HB 1340. By Representatives Culpepper of the 98th, Walker of the 115th, Sams of the 90th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to change the number of strikes which the accused and the State shall have in selecting juries to try felonies; to provide for additional strikes in joint trials. Referred to Co/mmittee on Judiciary.
HB 1408. By Representative Stone of the 138th:
A bill to amend Code Chapter 92-49, relating to tax collectors' duties in general, as amended, so as to permit the receipt by tax commissioners and tax collectors, without personal liability, of checks and money orders; to provide a time of payment; to provide for taxpayer liability. Referred to Committee on County and Urban Affairs.
HB 1639. By Representatives Linder of the 44th, Elliott of the 49th, Howard of the 19th and others:
A bill to provide that it shall be unlawful for any person to allow or require any person in his employment under 18 years of age to dispense, serve, sell, deliver or take orders for any alcoholic beverage; to provide a penalty. Referred to Committee on County and Urban Affairs.
HB 1784. By Representative McDonald of the 12th:
A bill to amend Code Chapter 26-13, relating to the crimes of bodily injury and related offenses, so as to provide for the crime of assault upon a law enforcement officer; to provide for penalties. Referred to Committee on Judiciary.

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HB 1103. By Representative Ware of the 68th:
A bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance 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 agreements. Referred to Committee on Banking, Finance and Insurance.

HR 806. By Representative Fraser of the 139th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.
HR 807. By Representatives Culpepper of the 98th and Walker of the 115th:
A resolution authorizing the conveyance of certain State-owned real property located within Macon County to the Macon County Recreation Commission; authorizing the sale and transfer of certain State-owned surplus personal property to the Macon County Recreation Commission. Referred to Committee on Public Utilities.
HR 808. By Representatives Elliott of the 49th, Davis, Tolbert and Floyd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to autho rize the Board of Commissioners of DeKalb County, Georgia, to pass ordinances, resolutions, rules and regulations authorizing the payment of certain claims from the county treasury not to exceed two hundred dollars per claimant in any one fiscal year; to provide procedures for the processing of said claims. Referred to Committee on County and Urban Affairs.
HR 809. By Representatives Mann, Calrk, and Milford of the 13th and Russell of the 64th:
A resolution authorizing the conveyance of certain State property owned by the Board of Regents of the University System of Georgia. Referred to Committee on Public Utilities.
HR 810. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the Macon-Bibb County Urban Development Authority to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving land, buildings, and facilities for use by the County of Bibb and the City of Macon, either or both for their governmental, proprietary or administrative functions. Referred to Committee on County and Urban Afairs.

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HE 812. By Representatives Snow of the 1st, Peters of the 2nd and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to create the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; to provide for the submission of this amendment for ratification of rejec tion.
Referred to Committee on County and Urban Afairs.

HR 846. By Representatives Cole and Foster of the 6th and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to autho rize the General Assembly to create by law a Small Claims Court for Whitfield County; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Afairs.

HR 857. By Representatives Carlisle and Mostiler of the 71st, and Bailey and West of the 72nd:
A resolution proposing an amendment to the Constitution so as to pro vide that effective Jan. 1, 1981, the County School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette 'County; to provide for the submission of the amendment for ratification or rejection.
Referred to Committee on County and Urban Afairs.

HB 158. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System so as to provide for an additional postretirement benefit adjustment. Referred to Committee on Retirement.

HB 2065. 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 commissioner; to provide an effective date. Referred to Committee on County and Urban Afairs.

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

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance has had under considera-

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tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1706. Do pass by substitute.
Respectfully submitted, Senator Holley of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
HB 1819. Do pass. HB 1967. Do pass. HB 1969. Do pass. HB 1970. Do pass. HB 1971. Do pass. HB 1973. Do pass. HB 1974. Do pass. HB 1975. Do pass. HB 1976. Do pass. HB 1977. Do pass. HR 1978. Do pass. HB 1979. Do pass. HB 1981. Do pass. HB 1982. Do pass. HB 1983. Do pass as amended. HB 1984. Do pass. HB 1985. Do pass. HB 1988. Do pass. HB 1994. Do pass. HB 1996. Do pass. HB 1997. Do pass. HB 1998. Do pass. HB 1999. Do pass.

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HB 2000. Do pass. HR 791. Do pass. HR 793. Do pass. HR 795. Do pass.

Respectfully submitted, Senator Garrard of the 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 705. Do pass as amended. HB 1821. Do pass. SB 706. Do pass.
Respectfully submitted, Senator Kidd of the 25th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 495. Do pass. HR 662. Do pass HR 669. Do pass. HR 745. Do pass.
Respectfully submitted, Senator Brown of the 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

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bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 326. Do pass.
HB 1412. Do pass.
Respectfully submitted, Senator Lester of the 23rd 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1765. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

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

SB 599. By Senator Bell of the 5th:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for a Special Investigative Grand Jury; to provide for all procedures, requirements and other matters relative to the foregoing.

SB 644. By Senator Lewis of the 21st:
A bill to amend Code Section 84-202, relating to the duties and powers of the State Board of Accountancy, so as to authorize the board to recommend to the Secretary of State the employment or appointment of personnel, including, but not limited to an executive director, to assist the board in exercising or performing its powers, duties and obligations.

SB 690. By Senator Banks of the 17th:
A bill to amend Code Title 26, the Criminal Code of Georgia, as amended, so as to provide that prosecution is not barred if the former prosecution was before a court which lacked jurisdiction or if sub sequent proceedings resulted in the invalidation, setting aside, reversing or vacating of the conviction unless the accused was thereby adjudged not guilty.

SB 703. By Senator Broun of the 46th: A bill to add one additional judge of the superior courts of Western

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Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

SR 387. By Senators Ballard of the 45th, Dean of the 31st, Summers of the 53rd and others:
A resolution creating the Full Employment in Georgia Study Committee.

HB 293. By Representatives Howard of the 19th and Edwards of the 20th:
A bill to amend an Act creating the Peace Officers Annuity and Benefit Fund so as to change certain provisions relating to disability benefits; to provide a procedure for determining eligibility for disability benefits.

HB 1033. By Representative Lambert of the 112th:
A bill to amend an Act approved Apr. 6, 1972 relating to statewide system of gathering information for uniform property taxation and the employment of county staff appraisers thereunder so as to provide State salary supplements for those county appraisers who meet certain additional professional qualifications.

HB 284. By Representatives Murphy of the 18th, Vaughn of the 57th, Buck of the 95th and others:
A bill to amend Code Section 40-1802, relating to the salary, expenses, duties and bond of the State Auditor so as to change certain provisions relating to the compensation and expenses of the State Auditor.

HB 1141. 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 Council, approved March 10, 1959 so as to authorize and empower the Legislative Services Committee to study, investigate, and inquire into the functions and operations of all depart ments, boards, bureaus, committees, commissioners, and agencies of the Executive Branch of State Government.

HB 1258. By Representatives Russell of the 53rd, Bray of the 70th, Karrh of the 106th and Evans of the 84th:
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to prohibit the use, with intent to defraud, of proceeds of any payment made on account of improvement of real property for any other purpose than payment for labor or services performed or material furnished.

HB 1265. By Representatives Richardson of the 52nd, King of the 96th, Felton of the 22nd and others:
A bill to amend Code Section 59-112 relating to persons exempt from

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jury duty, so as to delete the exemption for persons who are sixty-five years of age.

HB 1276. By Representative Eraser of the 139th:
A bill to amend Code Chapter 26-24, relating to the crimes of perjury and other falsifications.

HB 1428. By Representatives Davis and Tolbert of the 56th, Harden of the 154th and others:
A bill to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes due and notices of assessments sent to taxpayers of counties and municipalities.

HB 1515. By Representatives Elliott of the 49th, Childs of the 51st and Jordan of the 58th:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for the creation and revision of jury lists in counties utilizing mechanical or electronic means for the selection of jurors; to provide in such counties for permanent jury boxes and their replace ment if lost or damaged.

HB 1541. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend an Act creating the Georgia Ports Authority so as to provide Ports Authority Security Guards with arrest powers on Ports Authority property; to provide applicability of State traffic laws to Ports Authority property.

HB 1550. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to repeal an Act relating to the presentation of tax affidavits with applications for automobile license tags; to provide an effective date.

HB 1566. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd:
A bill to amend an Act providing that the State of Georgia shall be a party to the "Interstate Compact on Juveniles" so as to provide that the Governor shall execute an amendment to said Compact providing for interstate rendition of juveniles alleged to have committed a criminal or delinquent act.

HB 1571. By Representatives Marcus of the 26th, Harris of the 8th and Murphy of the 18th:
A bill to amend an Act known as the "Georgia Fiscal Note Act",

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approved April 25, 1975 (Ga. Laws 1975, p. 1568), so as to provide that in order to be covered under the provisions of the Act, bills changing the anticipated revenue or expenditure level of the various agencies of State Government must have a significant impact.

HB 1583. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit certain acts in public transit buses, rapid rail cars and stations; to provide for punishments.

HB 1628. By Representatives Mostiler and Carlisle of the 71st, Gammage of the 17th and Adams of the 14th:
A bill to amend an Act known as "The Dealers in Used Motor Vehicle Parts Registration Act" so as to change certain definitions.

HB 1661. By Representatives Ware of the 68th, Leonard of the 3rd, Parrish of the 97th and others:
A bill to amend an Act known as the "Ga. Motor Vehicle Accident Reparations Act", so as to provide that certain insurers which issue policies or contracts providing motor vehicle liability insurance coverage, or any other similar coverage, shall include in such policies or contracts of insurance at least certain minimum coverage.

HB 1672. By Representatives Castleberry of the lllth, Ware of the 68th, Peters of the 2nd and others:
A bill to amend Code Chapter 56-13, relating to fees and taxes as amended, so as to provide that certain information shall be confidential and privileged; to prohibit the disclosure of certain confidential in formation; to provide for exceptions.

HB 1731. By Representative Ross of the 76th:
A bill to amend Code Section 92-2902, relating to annual fees for operating motor vehicles, so as to change the provisions relating to trucks transporting forest products.

HB 1789. By Representatives Triplett of the 128th, Chance of the 129th, Taggart of the 125th and others:
A bill to amend Code Section 68-201, as amended, and to amend an Act approved Dec. 24, 1937, as amended, and codified as Section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles, so as to provide that said Sections shall not apply to any trailer which is used exclusively during daylight hours.

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HB 1841. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Title 95A, the Georgia Code of Public Transporta tion, so as to provide for the acquisition, operation and maintenance of special-purpose aircraft by the Georgia Forestry Commission, Dept. of Natural Resources and the Dept. of Public Safety.

HB 1898. By Representatives Murphy of the 18th, Vaughn of the 57th and Collins of the 144th:
A bill to authorize and empower the Commissioner of the Department of Public Safety to designate and appoint chaplains for the Department; to provide for the duties and functions thereof; to provide for the compensation and reimbursement thereof; to provide an effective date.

HR 398. By Representatives Collins of the 144th, Mullinax of the 69th, Murphy of the 18th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt tangible personal property which is in transit from ad valorem taxation.

SB 649. By Senator Bell of the 5th:
A bill to create a committee to be entitled the "DeKalb County Citizens' Committee for Efficient Government" for the purpose of examining into and evaluating the various and existing ordinances and State laws establishing the administrative structure of DeKalb County government for the purpose of making recommendations relative to the passage of legislation.

SB 698. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, as amended, so as to change the date for regular city elections; to repeal the provisions prohibiting political activities by officers and employees of the city.

SB 699. By Senator Lewis of the 21st:
A bill to create a new charter for the City of Waynesboro and repealing previously enacted charters; to prescribe the corporate limits of said city; to provide for the government of said city and its corporated powers; to provide for governing authority of said city and for the election, terms of office and powers and duties of the members thereof.

SB 700. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court for Long County, Georgia, to be known as the Small Claims Court of Long County; to

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prescribe the jurisdiction of said court; to perscribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims Court.

SB 701. By Senator Traylor of the 3rd:
A bill to amend an Act establishing the State Court of Bryan County (formerly the City Court of Pembroke), as amended, so as to change the eligibility requirements for the office of judge and the office of solicitor of said court.

SB 704. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act revising, altering, and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savan nah, as amended, so as to provide a minimum salary for the judges of said court and for the payment thereof.

HB 1573. By Representative Poster of the 152nd:
A bill to provide a new charter for the City of Hoboken, Ga., in the County of Brantley; 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.

HB 1696. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act providing an annual salary for the Tax Com missioner of Porsyth County in lieu of the fee system of compensation so as to change the provisions relative to the personnel employed by the Tax Commissioner.

HB 1697. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act changing the compensation of certain county officers of Forsyth County so as to change thhe provisions relative to the personnel of the Clerk of the Superior Court, Sheriff and Judge of the Probate Court of Forsyth County.

HB 1724. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to amend Code Section 87-201 relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of bonds.

HB 1759. By Representative Russell of the 64th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary so as to provide for the determination of the

SATURDAY, FEBRUARY 28, 1976

1813

number of and compensation of the employees of the Sheriff, Clerk of the Superior Court and Judge of the Probate Court.

HB 1760. By Representative Russell of the 64th:
A bill to recreate and establish a Board of Commissioners of Barrow County; to provide for the powers of such Board; to establish qualifica tions for membership on the Board; to provide for election of Board members from road districts; to designate road districts.

HB 1762. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to provide for the election of the Board of Education of Long County; to provide that the Board of Education of Long County shall be composed of five members; to provide for education districts.

HB 1768. By Representative Smith of the 78th:
A bill to amend an Act creating a new city charter for the City of Barnesville so as to change the provisions relative to the punishments for violations of the laws and ordinances of said city.

HB 1780. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, Ga.

HB 1825. By Representative Sizemore of the 136th: A bill to amend an Act creating a Small Claims Court in certain counties so as to change the jurisdiction of such courts; to change certain filing fees and costs for such courts; to provide an effective date.
HB 1851. By Representatives Clark and Milford of the 13th: A bill to amend an Act creating the office of Commissioner of Franklin County and an advisory board so as to change the compensation of the advisory board; to provide an effective date.
HB 1861. By Representative Smith of the 42nd: A bill to amend an Act establishing a new Charter for the City of Palmetto so as to provide for the election of councilmen by council seat position.
HB 1873. By Representative Karrh of the 106th: A bill to abolish the present mode of compensating the Clerk of the

1814

JOURNAL OP THE SENATE,

Superior Court of Jenkins 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 1875. By Representative Karrh of the 106th:
A bill to amend an Act creating the office of Tax Commissioner of Jenkins County, Ga., so as to change the compensation of the Tax Commissioner of Jenkins County.

HB 1885. By Representatives Evans of the 99th, Banks of the 104th, Randall of the 101st and others:
A bill to create the offices and provide for the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judicial Circuit.

HB 1936. By Representatives Peters of the 2nd and Leonard of the 3rd:
A bill to amend an Act creating a board of utility commissioners for Catoosa County so as to provide that the powers and duties of the Board of Utilities Commissioners for Catoosa County shall extend to and include sewer facilities in the same manner as the powers and duties heretofore vested in said Board over water facilities.

HB 1945. By Representatives Carlisle and Mostiler of the 71st:
A bill to fix the salaries of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court in all counties of this State having a population of not less than 35,000 and not more than 44,000; to provide for the payment of such salaries out of county funds.

HB 1946. By Representatives Smith of the 78th and Tucker of the 73rd:
A bill to create and establish a small claims court for Butts County to be known as the Small Claims Court of Butts County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 1949. By Representative Carr of the 105th:
A bill to amend an Act creating a Board of Commissioners of Glascock County so as to change the method of electing the Chairman of the Board of Commissioners of Glascock County.

HB 1950. By Representative Carr of the 105th:
A bill to amend an Act creating a Board of Commissioners of Glascock County so as to change the compensation of the chairman and other members of the board of commissioners of said county; to provide an effective date.

SATURDAY, FEBRUARY 28, 1976

1815

HB 1951. By Representative Carr of the 105th:
A bill to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County so as to change the supplement to the compensation of the Judge of the Probate Court of Glascock County; to provide an effective date.

HB 1952. By Representative Carr of the 105th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County so as to change the compensation of the tax commissioner.

HB 1953. By Representative Carr of the 105th:
A bill to amend an Act fixing the salary of the Treasurer of Glascock County so as to change the compensation of the treasurer of said county; to provide an effective date.

HB 1955. By Representatives Connell of the 87th, Miles of the 86th, Sams of the 90th and others:
A bill to amend an Act regulating public instruction in the County of Richmond so as to provide for the interim filling of the vacancy of the office of Superintendent of Schools of Richmond County resulting from death, resignation or otherwise until said vacancy has been filled by the Board.

HB 1961. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act creating the office of tax commissioner of Bartow County so as to change the compensation of the tax commissioner of Bartow County; to provide an effective date.

HB 1962. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the sheriff of Bartow County; to provide an effective date.

HB 1963. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the clerk of the superior court of Bartow County; to provide an effective date.

HB 1964. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the judge of the probate court of Bartow County; to provide an effective date.

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JOURNAL OF THE SENATE,

HB 1965. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the commissioner of Bartow County.

SR 363. By Senator Garrard of the 37th:
A resolution creating the Fulton-DeKalb Hospital Authority Study Committee.

HR 549. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A resolution creating the DeKalb County Property Appraisal Study Committee.

HR 623. By Representatives Harris and Stone of the 138th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes; to provide for the submission of this amendment for ratification or rejection.

HR 744. By Representative Hudson of the 137th:
A resolution authorizing the conveyance of certain State-owned real property located within Irwin County to Irwin County; authorizing the sale and transfer of certain State-owned surplus personal property to Irwin County.
HR 753. By Representatives Jackson, Whitmire and Wood of the 9th:
A resolution proposing an amendment to the Constitution so as to provide for staggered terms of office for the members of the Board of Education of Hall County.
HR 754. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority, so as to provide that the Authority, subject to the approval of the Mayor and Council of the City of Athens, shall have the right and power of eminent domain.
HR 776. By Representatives Murphy of the 18th, Howard, Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Paulding County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obliga tion thereof.

SATURDAY, FEBRUARY 28, 1976

1817

HR 777. By Representatives Gignilliat of the 122nd, Battle of the 124th, Taggart of the 125th and others:
A resolution proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes in Chatham County.

The following resolutions of the Senate were read and adopted:

SR 403. By Senator Foster of the 50th:
A resolution commending and wishing success to Mr. Bob Sparks on his transatlantic balloon flight.

SR 404. By Senator Kennedy of the 4th: A resolution commending the Community of Glennville.

SR 405. By Senator Lewis of the 21st: A resolution relative to the Bicentennial Celebration in Jenkins County.

SR 406. By Senator Lewis of the 21st:
A resolution relative to the Bicentennial Celebration in Emanuel County.

SR 407. By Senator Lewis of the 21st:
A resolution relative to the Bicentennial Celebration in Washington County.

SR 408. By Senator Lewis of the 21st: A resolution relative to the Bicentennial Celebration in Warren County.

SR 409. By Senator Lewis of the 21st: A resolution relative to the Bicentennial Celebration in Burke County.

SR 410. By Senator Lewis of the 21st: A resolution relative to the Bicentennial Celebration in Glascock County.

SR 411. By Senator Lewis of the 21st:
A resolution relative to the Bicentennial Celebration in Jefferson County.

1818

JOURNAL OF THE SENATE,

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

HB 1612. By Representative Dover of the llth:
A bill to provide for the election of the members of the Board of Educa tion of Habersham County; to provide for other matters relative thereto; 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 yeas were 49, nays 0.

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

HB 1732. By Representatives Long of the 142nd and Keyton of the 143rd:
A bill to provide a new Charter for the City of Meigs, Georgia, in the County of Thomas.

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

HB 1882. By Representatives Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries in any county of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census.

The report of the committee, which was favorable to the passage of the bill, 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. HB 1883. By Representative Dover of the llth:
A bill to amend an Act entitled "An Act to provide for a secretary for

SATURDAY, FEBRUARY 28, 1976

1819

the Solicitor of the State Court of Habersham County", so as to change the maximum compensation of the secretary of the Solicitor of the State Court of Habersham 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 yeas were 49, nays 0.

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

HB 1890. By Representative Ross of the 76th:
A bill to authorize and direct the election superintendent of Warren County to hold an election on the question of establishing a multi-member Board of Commissioners in Warren 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 yeas were 49, nays 0.

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

HB 1891. By Representative Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Buchanan so as to provide for certain additional powers which may be exercised by the governing authority of the City of Buchanan.

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

HB 1900. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to create the Chatham County Water and Sewer Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the dis tribution and sale of water and related facilities to individuals and private concerns.

1820

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 yeas were 49, nays 0.

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

HB 1904. By Representative Crawford of the 5th:
A bill to reincorporate the Town of Lyerly in the County of Chattooga; to create a new charter for said town; to provide for the name, powers and corporate limits 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 yeas were 49, nays 0.

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

HB 1905. By Representative Stone of the 138th:
A bill to amend an Act amending, consolidating and renewing the charter of the City of Patterson so as to change the terms of office of certain aldermen and the manner of electing the mayor and certain aldermen for certain 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 yeas were 49, nays 0.

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

HB 1908. By Representatives Bargeron of the 83rd and Evans of the 84th: A bill to create and establish a Small Claims Court for Jefferson County to be known as the Small Claims Court of Jefferson 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 yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 28, 1976

1821

HB 1909. By Representative Culpepper of the 98th:
A bill to provide a new Charter for the City of Roberta, Ga., in the County of Crawford.

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

HB 1910. By Representative Castleberry of the lllth:
A bill to amend an Act increasing the compensation of the Tax Com missioner of Stewart 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 yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1911. By Representative Castleberry of the lllth: A bill to amend an Act creating the office of Commissioner of Stewart 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 yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1912. By Representatives Johnson, Harris and Thomason of the 8th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act"; so as to change the membership of the Au thority; to expand the definition of "projects" to include sewerage projects.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.

1822

JOURNAL OF THE SENATE,

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

HB 1913. By Representatives Johnson, Harris and Thomason of the 3th:
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 increase the salaries of em ployees of such 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 yeas were 49, nays 0.

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

HB 1914. By Representative Smith of the 78th:
A bill to amend an Act creating a new charter for the City of Jackson so as to eliminate the requirement that the mayor examine and audit all accounts of the city and approve all bills and vouchers; to change 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 yeas were 49, nays 0.

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

HB 1915. By Representative Ross of the 76th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln 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 yeas were 49, nays 0.

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

HB 1916. By Representatives Evans of the 84th and Owens of the 77th: A bill to amend an Act placing the county officers of McDuffie County

SATURDAY, FEBRUARY 28, 1976

1823

upon an annual salary so as to provide for a supplemental expense or housing allowance to be paid to the sheriff at the discretion 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 yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1917. By Representatives Ross of the 76th, Evans of the 84th, Owens of the 77th and Carr of the 105th:
A bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the District Attorney of the Toombs Judicial Circuit so as to create the office of Assistant Dis trict Attorney of the Toombs Judicial Circuit.

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

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1922. By Representative McDonald of the 12th:
A bill to amend an Act creating a new charter for the Town of Maysville so as to authorize the mayor and council to make certain contracts with out having to obtain voter approval.

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

HB 1925. By Representatives Mostiler and Carlisle of the 71st:
A bill to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000.

1824

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 yeas were 49, nays 0.

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

HB 1926. By Representative Dover of the llth:
A bill to provide for the appointment of the County School Superinten dent of Habersham County by the Board of Education of Habersham County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; 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 yeas were 49, nays 0.

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

HB 1929. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Small Claims Court in Troup County so as to change the jurisdiction 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 yeas were 49, nays 0.

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

HB 1930. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County) so as to change the qualifications 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 yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 28, 1976

1825

HB 1932. By Representatives Blackshear of the 123rd, Triplett of the 128th, Battle of the 124th and others:
A bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes.", so as to change the provisions relative to the compensation of the commissioners of Chatham County and ex officio judges.

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

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 administrative fee; to provide an effective date.
The Senate Committee on County and Urban Affairs offered the following substitute to HB 1149:
A BILL
To be entitled an Act to amend an Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. Laws 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3277), so as to change certain fees therein; to provide an effective date; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a Small Claims Court in certain coun ties in this State, approved April 4, 1963 (Ga. Laws 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3277), is hereby amended by striking in its entirety Section 8, and substituting in lieu thereof the following:
"Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of $10.00, which shall cover all costs of the proceeding except of service of the notice other than by registered mail. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion."

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JOURNAL OF THE SENATE,

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 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 yeas were 49, nays 0.

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

Pursuant to the provisions of SR 402, at 10:15 o'clock A. M., Senator Holloway of the 12th, President Pro Tempore, announced the Senate adjourned until Mon day, March 1, at 10:00 o'clock A. M.

MONDAY, MARCH 1, 1976

1827

Senate Champber, Atlanta, Georgia Monday, March 1, 1976

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 Saturday'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 resolutions of the Senate were introduced, read the first time and referred to committees:

SR 412. By Senator Dean of the 6th: A resolution creating the State Government Expense Vouchers and Travel Allowances Study Committee.
Referred to Committee on Rules.
SR 413. By Senator Dean of the 6th: A resolution requesting the Attorney General to investigate the case of the Dean of Nursing at Medical College of Georgia double charging the State on expense accounts.
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 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 695. Do pass as amended. SB 708. Do pass. HB 1839. Do pass. SR 393. Do pass.
Respectfully submitted, Senator Garrard of the 37th District, Chairman

1828

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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 411. Do pass by substitute.
Respectfully submitted Senator Overby of the 49th District, Chairman

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

SB 706. By Senator Stephens of the 36th:
A bill to create a State Equine Commission; to provide for the appoint ment, qualifications, powers, duties, oath of office and bond of the mem bers of the Commission; to provide for a quorum; to provide for rules and regulations; to provide the procedure for applying for a permit and/or license to conduct race events and meetings; to provide for the records of the State Equine Commission.

SB 706. By Senator Doss of the 52nd:
A bill to create the Georgia Board of Athletic Trainers and provide for the regulation and licensing of athletic trainers; to provide for defini tions ; to create the board; to provide for members, qualifications, duties, powers, authority, appointments, terms of office, oaths and vacancies; to provide for officers.

HB 326. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the duties of the Actuary.

HB 1412. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to provide that the tangible, intangible, real, personal or mixed property investments or assets of the Retirement System are public property and exempt from taxation and from levy and sale, garnishment, attachment or any other process whatsoever.

HB 1706. 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 that the

MONDAY, MARCH 1, 1976

1829

State Revenue Commissioner may by regulation provide for the collec tion of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps.

HB 1765. By Representatives Jessup of the 117th, Smith of the 78th, Coleman of the 118th and Foster of the 152nd:
A bill to amend the Georgia Motor Vehicle Accident Reparations Act so as to require the inclusion of certain provisions within motor vehicle liability insurance policies issued in this State.

HB 1821. By Representatives Coleman of the 118th, Whitmire of the 9th, Miles of the 86th and others:
A bill to create the Georgia Fire Academy; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Academy shall be attached to the Department of Public Safety for the administrative purposes only; to amend the Georgia Firefighter Standards and Training Act, to replace the Georgia Fire Institute with the Georgia Fire Academy.

HB 1819. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to create the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000.

HB 1967. By Representative Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene so as to change the provisions relating to the compensation of members of the Board of Commissioners of Schley County.
HB 1969. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act fixing the compensation of the Judge of the Juvenile Court of Clarke County so as to change the compensation of the judge; to provide for an effective date.
HB 1970. By Representatives Mostiler and Carlisle of the 71st:
A bill to fix the salary of the coroner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the U. S. Decennial Census of 1970 or any future such census; to provide for the payment of the salary of the coroner out of the funds of such counties.
HB 1971. By Representatives Mostiler and Carlisle of the 71st:
A bill to fix the salary of the tax commissioner in all counties of this

1830

JOURNAL OF THE SENATE,

State having a population of not less than 35,000 and not more than 44,000 according to the U. S. Decennial Census of 1970 or any future such census; to provide for the payment of such salary out of county funds.

HB 1973. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary so as to change the compensation of the clerk's employees.
HB 1974. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act creating a board of commissioners of Bulloch County so as to change the compensation of the chairman and clerk; to change the compensation of other members of the board; to change the compensation of the clerical assistants.
HB 1975. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act creating the office of tax commissioner of Bulloch County so as to change the compensation of the tax commis sioner's assistants; to provide an effective date.
HB 1976. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act placing the coroner of Bulloch County upon an annual salary so as to change the compensation of the coroner.
HB 1977. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act creating the State Court of Bulloch County so as to change the compensation of the judge and solicitor of said court.
HB 1978. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary so as to change the compensation of the sheriff and his deputies.
HB 1979. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary so as to change the compensa tion of the clerical employees of the judge of the probate court.
HB 1981. By Representatives Carlisle and Mostiler of the 71st, West of the 72nd and others: A bill to amend an Act creating a Board of Commissioners of Fayette County so as to change the number of members of the board of com missioners; to change the provisions relating to election of members of the board.

MONDAY, MARCH 1, 1976

1831

HB 1982. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the State Court of Hall County so as to change the compensation of the judge and solicitor of said court.

HB 1983. By Representative Bray of the 70th:
A bill to amend an Act incorporating the Town of Gay in Meriwether County and granting certain powers and privileges to said town so as to change the terms of office of the mayor and councilmen; to change the provisions relative to the date of election.

HB 1984. By Representatives Kreeger and Burruss of the 21st, 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 so as to change the corporate limits of said city.

HB 1985. By Representative Bray of the 70th:
A bill to amend an Act creating a new charter for the Town of Luthersville so as to change the terms of office for the mayor and councilmen.

HB 1988. By Representatives Johnson, Bailey, Lee and West of the 72nd:
A bill to provide that the governing authority or the county fiscal agent in all counties of Ga., having a population of not less than 90,000 or more than 140,000 is authorized to expend tax funds for the purpose of the preparation of dead bodies for interment and the interment of paupers and indigents upon the governing authority's order for the disposition of such bodies.

HB 1994. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary so as to change the provisions relative to the compensation of the deputies of the judge of the probate court.

HB 1996. By Representatives Carter and Patten of the 146th:
A bill to amend an Act creating a Board of Commissioners of Tift County so as to change the compensation of the chairman of said board of commissioners; to provide an effective date.
HB 1997. By Representatives Snow and Hays of the 1st, Peters of the 2nd and others:
A bill to amend an Act incorporating the Town of Fort Oglethorpe so as to change the provisions relating to the compensation of aldermen; to provide an effective date.

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HB 1998. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County so as to change the total amount which deputies, clerks, assistants and other personnel may receive.

HB 1999. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Walker County and providing in lieu thereof an annual salary so as to change the total amount which deputies, clerks, assistants and other personnel might receive.
HB 2000. By Representatives Gignilliat of the 122nd, Battle of the 124th, Hill of the 127th and others:
A bill to provide that the Board of Commissioners of certain counties (population 170,000-195,000) may increase the membership of the Board of Zoning Appeals; to provide an effective date.
HR 495. By Representatives Kilgore of the 65th, and Parkman and Glanton of the 66th:
A resolution authorizing the conveyance of certain real property located in Douglas County, Georgia.
HR 662. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A resolution authorizing the conveyance of certain State-owned real property located within Oconee County to the Oconee County Board of Commissioners; authorizing the sale and transfer of certain Stateowned surplus personal property to the Oconee County Board of Com missioners.

HR 669. By Representatives Karrh of the 106th and Clifton of the 107th:
A resolution authorizing the conveyance of certain State-owned real property located within Emanuel County to the City of Swainsboro; authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Swainsboro.

HR 745. By Representative Hudson of the 137th:
A resolution authorizing the conveyance of a possibility of reverter in the State of Georgia in certain real property located in Irwin County to the State Chapter of the United Daughters of the Confederacy.

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1833

HR 791. By Representatives Wood, Jackson and Whitmire of the 9th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Forsyth County or any municipal corporation within Forsyth County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Forsyth County in transit through Forsyth County from outside the State to a final destination outside the State.

HR 793. By Representatives Whitmire, Jackson and Wood of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that Forsyth County be authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, pro moting and encouraging the development of trade, commerce, industry and employment opportunities in Forsyth County.
HR 795. By Representatives Bargeron of the 83rd and Evans of the 84th:
A resolution proposing an amendment to the Constitution so as to encourage economic development and to promote the orderly develop ment of Georgia's mineral resources by providing that certain capital improvements of mineral-processing and primary metal establishments shall be exempt from all county ad valorem taxes, though not ad valorem taxes levied for school purposes, in Jefferson County.
SB 695. By Senator Stumbaugh of the 55th:
A bill to create the DeKalb County Airport Authority; to declare the need for such Airport Authorities; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of each such Authority; to provide for the terms of office of each such Authority.
SB 708. By Senator Banks of the 17th:
A bill to provide a new charter for the City of Meansville; to provide for all matters relative thereto.
SR 393. By Senators Bell of the 5th, Howard of the 42nd and Tysinger of the 41st:
A resolution proposing an amendment to the Constitution, so as to provide for the allocation of a certain amount of DeKalb County revenue for the support and development of the arts in DeKalb County for a certain period of time; to provide for the proposal and approval of arts projects; to provide for the use of funds allocated pursuant to this amendment.
HB 1839. By Representatives Williamson of the 45th, Tolbert, Floyd and Davis of the 56th and others:
A bill to provide the circumstances in certain counties (population

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400,000-500,000) under which receipts for certain tax payments need not be furnished the taxpayer.

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

SB 698. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creat ing a new charter for said city, as amended, so as to change the date for regular city elections; to repeal the provisions prohibiting political activities by officers and employees 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 yeas were 54, nays 0.

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

SB 700. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court for Long County, Georgia, to be known as the Small Claims Court of Long County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims 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 yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 701. By Senator Traylor of the 3rd: A bill to amend an Act establishing the State Court of Bryan County (formerly the City Court of Pembroke), as amended, so as: to change the eligibility requirements for the office of judge and the office of 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 yeas were 54, nays 0.

MONDAY, MARCH 1, 1976

1835

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

SB 704. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act revising, altering, and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savan nah, as amended, so as to provide a minimum salary for the judges of said court and for the payment thereof.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1573. By Representative Foster of the 152nd:
A bill to provide a new charter for the City of Hoboken, Ga., in the County of Brantley; 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.

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

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1696. By Representatives Whitmire, Wood and Jackson of the 9th: A bill to amend an Act providing an annual salary for the Tax Commissioner of Forsyth County in lieu of the fee system of compensa tion so as to change the provisions relative to the personnel employed by 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 yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1697. By Representatives Whitmire, Wood and Jackson of the 9th: A bill to amend an Act changing the compensation of certain county

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officers of Forsyth County so as to change the provisions relative to the personnel of the Clerk of the Superior Court, Sheriff and Judge of the Probate Court of Forsyth 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 yeas were 54, nays 0.

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

HB 1724. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to amend Code Section 87-201 relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of 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 yeas were 54, nays 0.

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

HB 1759. By Representative Russell of the 64th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary so as to provide for the determination of the number of and compensation of the employees of the Sheriff, Clerk of the Superior Court and 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 yeas were 54, nays 0.

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

HB 1760. By Representative Russell of the 64th:
A bill to recreate and establish a Board of Commissioners of Barrow County; to provide for the powers of such Board; to establish qualifica tions for membership on the Board; to provide for election of Board members from road districts; to designate road districts.

MONDAY, MARCH 1, 1976

1837

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1762. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to provide for the election of the Board of Education of Long County; to provide that the Board of Education of Long County shall be composed of five members; to provide for education districts.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1768. By Representative Smith of the 78th:
A bill to amend an Act creating a new city charter for the City of Barnesville so as to change the provisions relative to the punishments for violations of the laws and ordinances 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 yeas were 54, nays 0.

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

HB 1780. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, Ga.

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 yeas were 54, nays 0.

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

HB 1825. By Representative Sizemore of the 136th:
A bill to amend an Act creating a Small Claims Court in certain counties so as to change the jurisdiction of such courts; to change certain filing fees and costs for such courts; 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 yeas were 54, nays 0.

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

HB 1851. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating the office of Commissioner of Franklin County and an advisory board so as to change the compensation of the advisory board; to provide an effective date.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1861. By Representative Smith of the 42nd:
A bill to amend an Act establishing a new Charter for the City of Palmetto so as to provide for the election of councilmen by council seat position.

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

On the passage of the bill, the yeas were 54, nays 0.

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

MONDAY, MARCH 1, 1976

1839

HB 1873. By Representative Karrh of the 106th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Jenkins 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 report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1875. By Representative Karrh of the 106th:
A bill to amend an Act creating the office of Tax Commissioner of Jenkins County, Ga., so as to change the compensation of the Tax Commissioner of Jenkins 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 yeas were 54, nays 0.

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

HB 1885. By Representatives Evans of the 99th, Banks of the 104th, Randall of the 101st and others:
A bill to create the offices and provide for the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judical Circuit.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1936. By Representatives Peters of the 2nd and Leonard of the 3rd:
A bill to amend an Act creating a board of utility commissioners for Catoosa County so as to provide that the powers and duties of the

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Board of Utilities Commissioners for Catoosa County shall extend to and include sewer facilities in the same manner as the powers and duties heretofore vested in said Board over water facilities.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1945. By Representatives Carlisle and Mostiler of the 71st:
A bill to fix the salaries of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court in all counties of this State having a population of not less than 35,000 and not more than 44,000; to provide for the payment of such salaries out of 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 yeas were 54, nays 0.

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

HB 1946. By Representatives Smith of the 78th and Tucker of the 73rd:
A bill to create and establish a small claims court for Butts County to be known as the Small Claims Court of Butts County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1949. By Representative Carr of the 105th:
A bill to amend an Act creating" a Board of Commissioners of Glascock County so as to change the method of electing the Chairman of the Board of Commissioners of Glascock County.

MONDAY, MARCH 1, 1976

1841

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1950. By Representative Carr of the 105th:
A bill to amend an Act creating a Board of Commissioners of Glascock County so as to change the compensation of the chairman and other members of the board of commissioners of said county; to provide an effective date.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1951. By Representative Carr of the 105th:
A bill to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County so as to change the supplement to the compensation of the Judge of the Probate Court of Glascock County; to provide an effective date.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1952. By Representative Carr of the 105th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County so as to change the compensation of the tax com missioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the yeas were 54, nays 0.

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

HB 1953. By Representative Carr of the 105th:
A bill to amend an Act fixing the salary of the Treasurer of Glascock County so as to change the compensation of the treasurer of said county; to provide an effective date.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1955. By Representatives Connell of the 87th, Miles of the 86th, Sams of the 90th and others:
A bill to amend an Act regulating public instruction in the County of Richmond so as to provide for the interim filling of the vacancy of the office of Superintendent of Schools of Richmond County resulting from death, resignation or otherwise until said vacancy has been filled by the Board.

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

On the passage of the bill, the yeas were 54, nays 0.

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

HB 1961. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act creating the office of tax commissioner of Bartow County so as to change the compensation of the tax commissioner of Bartow County; to provide an effective date.

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

On the passage of the bill, the yeas were 54, nays 0.

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

MONDAY, MARCH 1, 1976

1843

HB 1962. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing' certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the sheriff of Bartow County; to provide an effective date.

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

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1963. By Representatives Harris, Johnson and Thomason of the 8th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the clerk of the superior court of Bartow County; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1964. By Representatives Harris, Johnson and Thomason of the 8th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the judge of the probate court of Bartow County; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1965. By Representatives Harris, Johnson and Thomason of the 8th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the commissioner of Bartow County.

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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 yeas were 54, nays 0.

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

SR 363. By Senator Garrard of the 37th:
A resolution creating the Fulton-DeKalb Hospital Authority Study Committee.

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

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

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

SB 649. By Senator Bell of the 5th:
A bill to create a committee to be entitled the "DeKalb County Citizens' Committee for Efficient Government" for the purpose of examining into and evaluating the various and existing ordinances and State laws establishing the administrative structure of DeKalb County government for the purpose of making recommendations relative to the passage of legislation.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 649 by striking on Page 2, beginning on line 16, the following:
"To the extent possible, the Committee should be composed of persons who are knowledgeable and respected in representing areas of the legal profession, finance, management, business, govern ment and county administration, and including where possible a representative of recognized groups interested in governmental af fairs such as the League of Women Voters,"

On the adoption of the amendment, the yeas were 54, 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.

MONDAY, MARCH 1, 1976

1845

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 699. By Senator Lewis of the 21st:
A bill to create a new charter for the City of Waynesboro and repealing previously enacted charters; to prescribe the corporate limits of said city; to provide for the government of said city and its corporated powers; to provide for governing authority of said city and for the election, terms of office and powers and duties of the members thereof.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 699:
A BILL
To be entitled an Act to provide a new charter for the City of Waynesboro and to repeal existing charters; to define the limits of the City of Waynesboro; to provide definitions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor, vice mayor, city council and city clerk; to provide for the powers and duties of the offices of city government; to provide for licensing powers; to provide for compensation of city officers and employees; to provide for rules and regulations; to provide for the organization of the city government into departments; to provide for the organization, power, duties, and personnel of the de partments of city government; to provide for a recorder's court and its powers, duties and jurisdiction; to provide for a recorder; to provide for bonds; to provide for a budget; to provide for purchases and sales of city property; to provide for the power to tax; to provide for the assessment, levy and collection of taxes; to provide for all matters relative thereto; to provide for severability; 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:
ARTICLE I.
CREATION, INCORPORATION, POWERS.
Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Waynesboro, Georgia, repealing and replacing the charter as provided by an Act approved September 25, 1883 (Ga. Laws 1882-83, p. 450), as amended, and an Act approved April 1, 1971 (Ga. Laws 1971, p. 3328). The City of Waynesboro, Georgia, in the County of Burke, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Waynesboro, Georgia; under the name, said city shall continue to be vested with all property and rights of property which now belong to

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the corporation; shall have perpetual succession, may sue and be sued, plead and be impleaded, in all action whatsoever; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it; may have a. common seal and change it at pleasure; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges and im munities of every name and nature whatsoever.

Section 1.11. Corporate Boundaries. The corporate boundaries of the city shall be the same as those of the City of Waynesboro as pro vided by law and existing on the effective date of this charter, or as hereafter lawfully changed. The clerk of council shall maintain a cur rent map and written legal description indicating the boundaries.

Section 1.12. Powers Defined, (a) The government of Waynesboro shall have all rights, powers, privileges and authority herein conferred or herein enlarged, and such other powers as may be necessary or desirable, including all rights, powers, privileges and authority, whether expressed or implied, that may now or hereafter be granted to municipal corporations by the Constitution of Georgia and laws of this State.

(b) The rights, powers, privileges and authority heretofore en joyed, herein retained or herein claimed shall subsist, notwithstanding the repeal of any law, until any such right, power, privilege or authority be altered or taken away by amendment to this charter.

(c) The city, in addition to the rights, powers, privileges and authority expressly conferred upon it by this charter, shall have the right, power, privilege and authority to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or de sirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morale and general welfare of said govern ment and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein, and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and governmental functions.

(d) No enumeration of any right, power, privilege or authority hereinafter made, and no repeal of any law under which the govern ment derives any right, power, privilege or authority, shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth.

(e) The corporate powers of the government of the City of Waynes boro, to be exercised by the mayor and councilmen, shall, without limiting the foregoing, include the following:

(1) To levy and to provide for the collection of taxes on property as provided herein;

(2) To levy and to provide for the collection of license fees

MONDAY, MARCH 1, 1976

1847

and taxes on privileges, occupations, trades and professions, and to provide for the manner and method of payment of such license fees and taxes;
(3) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purpose authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city;

(4) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;

(5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;

(6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

(7) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the mayor and councilman, under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or under other applicable public acts as are or may be enacted;

(8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;

(9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty (20) years; to prescribe the rates, fares, regulations and standards and con ditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission;

(10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city;

(11) To grant franchises and rights-of-way throughout the

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streets and roads, and over the bridges and viaducts, for the use of public utilities;

(12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreation facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conser vation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improve ments, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or other applicable public acts, as are or may be enacted;

(13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or land; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;

(14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes, and to regu late all housing, building and building trades; to license all buildings and all other structures;

(15) To provide for the prevention and punishment of drunken ness, riots and public disturbances;

(16) To regulate or prohibit junk dealers; to regulate and con trol pawn shops; the manufacture, sale or transportation of in toxicating liquors; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;

(17) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;

(18) To license, tax, regulate, or prohibit professional fortune telling or palmistry;

(19) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, build ings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such or
dinances ;

MONDAY, MARCH 1, 1976

1849

(20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards;

(21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

(22) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regula tions not inconsistent with general law, relating to both fire pre vention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;

(23) To provide for the destruction and removal of any build ing or other structure which may or might become dangerous or detrimental to the public;

(24) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials, and to provide for the sale of such items;

(25) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax or fee, for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges;

(26) To levy a fee, charge or sewer tax, as necessary, to assure the acquiring, constructing, equipping, operating, maintaining and extending of sewage disposal plant and sewerage systems, and to levy on the users of sewers and the sewerage system a sewer service charge, fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;

(27) To charge, impose and collect a sewer connection fee or fees, and to change the same from time to time; such fees to be levied on the users connecting with the sewerage system;

(28) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city and to provide for the enforcement of such standards;

(29) To define a nuisance and provide for its abatement whether on public or private property;

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(30) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for viola tions thereof;

(31) To establish minimum standards for and to regulate building, construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(32) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city; or to provide for commitment of such persons to the county jail or any county correctional institution by agreement with the appropriate county officials;
(33) To adopt ordinances and regulations for the prevention of disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this State, are deemed by the mayor and councilmen to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof;
(34) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift or humane destruction, when not redeemed as provided by ordinance; to provide punish ment for violation of any ordinance enacted hereunder;

(35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city;

(36) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;

(37) To provide and maintain a system of pensions and retire ment for officers and employees of the city;

(38) To levy and provide for the collection of special assess ments against abutting property for paving, curbing and guttering streets, paving sidewalks, installing drainage systems and any other public improvements;

MONDAY, MARCH 1, 1976

1851

(39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corpora tions providing for services to be furnished and payments to be made therefor;

(40) To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;

(41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city;

(42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and laws of the State of Georgia;

(43) To exercise the power of arrest through duly appointed policemen;

(44) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city.

Section 1.13. Construction. The powers of the city shall be con strued liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs.

Section 1.14. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the mayor and councilmen and as provided by pertinent laws of the
State of Georgia.

Section 1.15. Ordinances. All ordinances, bylaws, rules and regula tions now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the mayor and councilmen.

Section 1.16. Definitions. As used in this Act, the following words and terms shall have the following meanings:

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(a) City shall mean the City of Waynesboro, Georgia.

(b) Councilman shall mean a person elected to the city council as provided by this Act.

(c) Members of the council shall mean the mayor and each council man.

(d) Nonpartisan shall mean without any designation of candidates and members or candidates of any state, national party or organization.

(e) At large shall mean the entire city as distinguished from representation by wards or other districts.

(f) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alley, lanes, sidewalks, walks, bridges, viaducts subways, underpasses, tunnels and other thorough fares, and including the right-of-way of such public ways.

(g) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations or requirements by an agency of the federal or State government or by a municipality, by a trade association or other organization generally recognized as an authority in its field of activity.

(h) Agency shall mean any office, court, utility, board, com mission, institution or other organization in charge of administering any public function or municipal affair of the city.

(i) Officer shall mean and include the mayor, councilmen, members of boards and commissions and any other person classified as public officers by the laws or judicial decisions of this State. An "officer" as herein defined shall fill an office and an employee shall fill a position
of employment.

(j) Elector shall mean a person residing within the city who is qualified to vote therein.

(k) The masculine shall include the feminine, and the singular shall include the plural and vice versa.
(1) The word shall is mandatory; may is permissive.
(m) Resolution shall mean any oral motions or actions voted on by council and thereafter reduced to writing.

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1853

ARTICLE II. LEGISLATIVE BRANCH Chapter 1. Governing Body.

Section 2.10. Creation; Number; Election. The legislative authority of the government of the City of Waynesboro, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six (6) councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter.

Section 2.11. Term and Qualifications of Office. The members of the council shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election of mayor or members of the council; shall continue to reside therein during his period of service; and shall be registered and qualified to vote in municipal elections of the City of Waynesboro, and unless he shall meet the qualifications required of members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution.
Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies--The office of mayor and councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(b) Forfeiture of Office--The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude.
(c) Filling of vacancies--A vacancy in the office of mayor or councilmen shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.

Section 2.13. Compensation and Expenses. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office and may fix their compensation as authorized by general law.

Section 2.14. Prohibitions, (a) Holding Other Office--Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected.

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(b) Voting When Personally Interested--Neither the mayor nor any other member of the council shall vote upon any question in which he is personally interested.

Section 2.15. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order .issued in the exercise of these powers by the council shall be punished as provided by ordinance.

Section 2.16. General Power and Authority of the Council, (a) Except as otherwise provided by law or by this charter, the council shall be vested with all powers of government of the City of Waynesboro as provided by Article I.

(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, com fort, convenience, prosperity or well-being of the inhabitants of the City of Waynesboro and may enforce such ordinances by imposing penalties for violation thereof.

(c) The council may by ordinance create, change, alter, abolish or consolidate offices, agencies and departments of the city and may assign additional functions to any of the office, agencies and depart ments expressly provided for by this charter.

Chapter 2. Organizations and Procedures.
Section 2.20. Organization, (a) At the first regular meeting in each year, the oath of office shall be administered to the mayor and councilmen beginning a new term of office as follows:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman, as the case may be) of the city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) The council, by majority vote of all the members thereof, at the first regular meeting of each year shall elect one of their number to be mayor pro tern, who shall serve for a term of one (1) year and until his successor is elected and qualified.
(c) The council shall appoint a clerk of council to keep a journal of its proceedings and to maintain in a safe place all records and docu ments pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the council may direct.

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(d) The council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city consistent therewith. The tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities.

(e) The council may appoint a city accountant to perform the duties of an accountant.

(f) The council may appoint a city administrator to perform the duties of a city administrator and prescribe those duties.

(g) The council may create any position it deems necessary to effectively carry out the operation of the city and fill that position with qualified personnel.

(h) Special meetings of the council may be held on call of the mayor or two (2) members of the council. Notice of such special meet
ings shall be served on all other members as provided by ordinance. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meet
ing and attendance at the meeting may be waived in writing before or after such a meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent, any business which may be
transacted in a regular meeting may be conducted at the special meet ing.

(i) All meetings of the council shall be public, except where otherwise provided by law.

Section 2.21. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.

Section 2.22. Quorum; Voting. The mayor and three councilmen or four councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal; but any member of the council shall have the right to request a roll-call vote. A majority vote of the quorum shall be required
for the adoption of any ordinance, resolution or motion. The mayor may vote in the event of a tie vote.

Section 2.23. Action Requiring an Ordinance, (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title.

(b) An ordinance may be introduced by any member of the council

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and read at a regular meeting of the council. Ordinances shall be con sidered and adopted or rejected by the council in accordance with the rules which it shall establish; provide, however, ordinances shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. The clerk shall read the heading of the ordinance, shall distribute a copy to the mayor and shall file a copy in the office of the clerk.

Section 2.24. Codes of Technical Regulations, (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.

(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.

Section 2.25. Submission of Ordinances and Resolutions to the Mayor, (a) Every ordinance or resolution adopted by the council shall be presented within 72 hours by the clerk to the mayor.

(b) The mayor, within five (5) calendar days of receipt of an ordinance or resolution shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance or resolution has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the fifth (5th) calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.

(c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting, and should the council then or at its next regular meeting adopt the ordinance by an affirma tive vote of four (4) members, it shall become law.

(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein.

Section 2.26. Signing; Authenticating, (a) The clerk shall authen ticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after
final adoption.

(b) The council shall cause the general and permanent ordinances

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1857

and the amendments to this charter to be printed periodically, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first Code of the City of Waynesboro and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

ARTICLE III. EXECUTIVE BRANCH.
Chapter 1. Mayor.

Section 3.10. Chief Executive Officer. The mayor shall be the chief executive of the City of Waynesboro. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

Section 3.11. Term; Qualification; Compensation. The mayor shall be elected for a term of two (2) years and until his successor is elected and qualified. He shall be a qualified elector of the City of Waynesboro; shall meet the qualifications required of members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution; and shall have been a resident of the City of Waynesboro for a period of one (1) year immediately preceding his election. He shall continue to reside in the City of Waynesboro during the period of his service. In addition to the mayor's actual and necessary expenses incurred in the performance of his duties of office as provided in Section 2.13, the mayor shall be entitled to be reimbursed for any actual time lost from his regular employment while performing his official duties as mayor subject to such reimbursement being at the same rate of compensation received in his regular employment and further subject to such reimbursement being approved at a regular council meeting by three affirmative votes of the councilmen present.

Section 3.12. Powers and Duties, (a) As the chief executive of the City of Waynesboro, the mayor shall be responsible to:

(1) See that all laws and ordinances of the city are faithfully executed;

(2) Appoint, remove or suspend all employees of the city except as otherwise provided in this charter;

(3) Appoint and remove all department heads and officers of the city with the unanimous approval of the Committee which has departmental jurisdiction; however, if there is not unanimous approval by the appropriate committee of the mayor's appointment or removal of an officer or department head, then and in that event,

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the said appointment or removal of any such officer or department head must receive a majority vote of the Council before said ap pointment or removal is approved and effective;

(4) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

(5) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;

(6) Submit to the council at least once a year a. statement covering the financial and general conditions of the city and from time to time such other information as the council may request;

(7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;

(8) Call special meetings of the council as provided for in Section 2.20;

(9) Approve or disapprove ordinances and resolutions as pro vided in Section 2.25;

(10) Examine and audit all accounts of the city before pay ment;

(11) Require any department, agency or officer of the city to submit written reports on the duties thereof whenever he deems it expedient;

(12) Appoint and be an ex officio member of all standing com mittees and special committees of the city council;

(13) Preside at all meetings of the city council;

(14) See that all meetings are conducted in a parliamentary manner, and shall preserve order and decorum in such meetings;

(15) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected;

(16) Inspect or cause to be inspected the records and books of account of the officers of the city and shall see that they are properly and correctly kept;

(17) See that order is maintained in the city and that its property and effects are preserved;
(18) Perform such other duties as may be required by law, this charter or ordinance.

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(b) The said mayor shall have authority to:

(1) Inflict punishment upon any person guilty of contempt of the council by imposing such sentence or penalty as may be autho rized by the ordinances of the city;

(2) Bind the city by signing any contract, obligation or other

matter entered into and authorized by ordinance or resolution of

the council, properly passed in accordance with the provision of

this charter;

^

(3) Do acts and things as may be proper and necessary in the proper conduct of the affairs of the city and as may be hereafter authorized.
Section 3.13. Mayor Pro Tern. During the absence or disability of the mayor for any cause, a mayor pro tern., appointed by the council, or in his absence or disability for any reason, any resident of the city chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.
Chapter 2. Organization and General Provisions.
Section 3.20. Administrative and Service Departments, (a) The council may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies hereafter created or estab lished; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by the council. Each depart ment shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance consistent therewith, and shall be subject to the general supervision and guidance of the mayor and council.
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an ap pointive office shall be filled as prescribed by the mayor and council of the City of Waynesboro.

(d) Except as otherwise provided by law, the directors of depart ments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifi cations.

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(e) All appointive officers and directors of departments shall re ceive such compensation as prescribed by the city council.

Section 3.21. Boards, Commissions and Authorities, (a) All mem bers of boards, commissions and authorities of the city shall be ap pointed by the council in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law.

(b) No member of any board, commission or authority of the city shall hold any elective office in the city.

(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the man ner prescribed herein for original appointment, except as otherwise pro vided by this charter or any applicable State law.

(d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the clerk of council an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the mayor.

(e) Any member of a board, commission or authority may be re moved from office for cause by vote of four (4) members of the council.

(f) Members of boards, commissions and authorities may receive expenses in the performance of their official duties as approved by the council.

(g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.
(h) Except as otherwise provided by this charter or by applicable State law, each board, commission and authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one (1) year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or applicable State law, as it deems ap propriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of council.
Section 3.22. City Attorney. The council shall appoint a city at torney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the judge in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.

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Section 3.23. Consolidation of Functions. The council may con solidate any two or more of the positions of clerk of council, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

Chapter 3. Personnel Administration.
Section 3.30. Personnel Policies. The council shall adopt rules and regulations consistent with the charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city of Waynesboro.

ARTICLE IV.
RECORDER'S COURT.
Section 4.10. Continuation. The Recorder's Court of the City of Waynesboro shall continue as the recorder's court of the city and shall have jurisdiction and authority to try offenses against the laws and ordinances of the city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish wit nesses for nonattendance, and to punish also any person who may coun sel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the recorder. In the absence or dis qualification of the recorder, the recorder pro tern, shall preside and shall exercise the same powers and duties as the recorder when so acting. Should both the recorder and the recorder pro tern, become dis qualified, then the council may designate any citizen of Georgia over 21 years of age to preside with the same powers and duties as the re corder when so acting.
Section 4.11. Recorder; Recorder Pro Tern, (a) The council shall appoint a recorder and a recorder pro tern, at its organization meeting to serve at the council's pleasure. The mayor may be the recorder pro tern. The council shall fix the compensation of the recorder and the re corder pro tern. The recorder and recorder pro tern, shall be citizens of Georgia over 21 years of age.
(b) The recorder pro tern, shall serve in the absence or disability of the recorder.
(c) Before entering on the duties of their offices, the recorder and the recorder pro tern, shall take an oath before an officer duly authorized to administer oaths in this State, that they will truly, honestly and faithfully discharge the duties of their offices to the best of their ability

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without fear, favor or partiality. The oath shall be entered upon the minutes of the council.

Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

Section 4.13. Jurisdiction; Powers, (a) The recorder's court shall try and punish for crimes against the City of Waynesboro and for violation of its ordinances. The recorder's court shall have authority to punish those in its presence for contempt, provided that such punish ment shall not exceed $50.00 or 10 days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500 or imprisonment for 90 days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 90 days. Persons sentenced to im prisonment may be taken to a confinement or correctional facility of either the City of Waynesboro or Burke County.

(b) The recorder's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reim bursement of the cost of meals, transportation and caretaking of pris oners bound over to state courts or superior courts for violations of State law.

(c) The recorder's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the recorder presiding at such time, and an execu tion issued thereon by serving the defendant and his sureties with a rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such de fendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the recorder declared forfeited to the City of Waynesboro, or property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

(d) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.

(e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.

(f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any of ficer authorized by this charter or by State law.

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(g) The recorder's court is specifically vested with all the jurisdic tion and powers throughout the entire area of the City of Waynesboro granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances.

Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs of appeal to the State Court of Burke County or the Superior Court of Burke County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. Pro vided that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.

Section 4.15. Rules of the Court. With the approval of the council the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may adopt in whole or in part the rules and regulations relative to the procedure of the operations of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the clerk of council, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least 48 hours prior to said proceedings.

Section 4.16. Powers. The mayor, recorder and recorder pro tern, shall have ex officio the powers of a justice of peace to issue warrants for the violation of criminal laws of the State committed in the City of Waynesboro, to commit offenders on examination to jail or to bail them in the case of a bailable offense to appear before the court having juris diction, or to exercise any other power or authority of a justice of the peace as provided by law.

ARTICLE V.
ELECTIONS.
Section 5.10. Applicability of General Laws. The procedures and requirements for the election of all elected officials of the City of Waynesboro as to primary, special or general elections shall be in con formity with the provisions of the Georgia Municipal Election Code, ap proved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.11. Qualifying; Nomination and Election of Candidates; Absentee Ballots. The council may, by ordinance, prescribe rules and regulations consistent with law governing qualifying fees, nominations of candidates, absentee ballots, write-in votes, challenge of voters, purg ing of registration lists, and such other rules and regulations as may be necessary for the conduct of elections in the City of Waynesboro. The candidate for mayor receiving a majority of the votes cast shall be deemed elected mayor and the candidates for councilmen receiving a majority of the votes cast shall be deemed elected councilmen.

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In instances where no candidate receives a majority of the votes cast, a runoff election shall be held, between the two candidates re ceiving the highest number of votes. Such runoff shall be held on the 14th day after the day of holding the first election, unless such runoff date is postponed by court order. Only the electors entitled to vote in the first election shall be entitled to vote in any runoff election resulting thereform. The candidate receiving a majority of the votes cast in such runoff election to fill the public office he seeks shall be declared the winner.

Section 5.12. Qualifications and Election of Mayor and Councilmen.
There is hereby created the office of Mayor of the City of Wayesboro. There are hereby created six (6) council posts of the City of Waynesboro, which shall be known as council posts 1, 2, 3, 4, 5 and 6. Each and every council post shall be for the city at large. The mayor and councilmen presently elected and serving in office on the effective date of this Act shall hold office until the expiration of the terms of office for which they were elected, and until their successors are elected and qualified. The mayor and council members shall be elected by the qualified electors of the City of Waynesboro. On the first Tuesday in December, 1976, a nonpartisan election shall be conducted by the city election managers at the same hours and places for general elections to elect councilmen to posts 4, 5 and 6. The councilmen elected at that time shall take office at the expiration of the term of the councilmen then in office. The three candidates for councilmen elected at that time to posts 4, 5 and 6 shall take office in January, 1977, and shall fill the vacancies caused by the expiration of the terms of office of the councilmen elected from posts 4, 5 and 6, respectively. On the first Tuesday in December, 1977, there shall be held, in the same manner as the election held on the first Tuesday in December, 1976, an election to elect a mayor and to elect councilmen for posts 1, 2 and 3. The mayor elected at that time shall take office at the expiration of the term of the office of the mayor then in office, and the candidates elected at that time to posts 1, 2 and 3 shall take office in January, 1978, and shall fill the vacancies caused by the expiration of the terms of office of the councilmen elected from posts 1, 2 and 3, respectively. Thereafter, the successors to posts 1, 2 and 3 and mayor shall be elected on the first Tuesday in December of odd-numbered years to take office on January first of the following year at the expiration of the then current terms of office of mayor and posts 1, 2 and 3. The successors to posts 4, 5 and 6 shall be elected on the first Tuesday in December of even-numbered years to take office on January first of the following year at the expiration of the then current terms of office of posts 4, 5 and 6. The mayor and all councilmen shall be elected for terms of two years each. No informalities shall invalidate any such election so long as it has been conducted fairly and in substantial conformity with the requirements of this Act and the general laws of the State of Georgia. The terms of office of mayor and councilmen shall begin at 12:01 o'clock a.m. on the first day of January following their election, and they shall serve until their successors have
been elected and qualified.

Section 5.13. Vacancies. In the event that the office of mayor shall become vacant for any cause whatsoever, the mayor pro tern, shall act as mayor until the next general election with all the powers and duties of the mayor. In the event that the office of councilman shall become vacant for any cause whatsoever, such vacancy shall be filled by ap-

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pointment of the mayor and council. The tenure of office of the council man so appointed shall continue only until the next general election.

Section 5.14. Registration of Electors, (a) The council may elect either to maintain its own registration or provide for the registration of electors by resolution, or other appropriate measures, stating that any person who is a resident of the city and who is registered as an elector with the board of registrars of the county and meets the municipal residence requirement shall be eligible to vote in an election.

(b) In the event the council does not elect to maintain its own registration, it may nevertheless appoint registrars as provided by law whose duties shall include the purging of the city's list of electors under the provisions of the Georgia Municipal Election Code.
(c) No person shall vote in any City of Waynesboro election un less he shall be a registered voter, qualified as required by law to vote in municipal elections in the City of Waynesboro.

ARTICLE VI.
FINANCE AND FISCAL.
Chapter 1. Taxation.
Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Waynesboro. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appro priate information for such purpose.
Section 6.11. Tax Levy. The council shall be authorized to levy an ad valorem tax on all taxable real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing govern mental services, and for any other public purpose as determined by the council in its discretion. The council is also authorized to provide for the sufficient levy to pay principal and interest on the general obligations. The City of Waynesboro is hereby exempted from the pro visions of the Georgia Code Section 92-4101 through 92-4104, inclusive.
Section 6.12. Tax Due Dates and Tax Bills. The council shall pro vide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due.
Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the clerk of council or tax collector and executed by any police officer of the city under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any

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other available legal processes and remedies. A lien shall exist against
all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city.

Section 6.14. Licenses; Occupational Taxes; Excise Taxes. The council by ordinance shall have full power to levy such specific or oc cupation taxes upon the residents of the City of Waynesboro, both in dividual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any pro fession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of licensing and taxation in any way which may be lawful; to require such persons to purchase license; to compel the payment of such licenses and taxes by execution or any other lawful manner; to enact ordinances and regulations necessary or proper to carry out the powers herein con ferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.

Section 6.15. Sewer Service Charges. The council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Waynesboro and to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as the lien for city property taxes.

Section 6.16. Sanitary and Health Services Charge. The council shall have authority by ordinance to provide for, to enforce, to levy
and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations resid
ing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or
monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary
taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner
or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner
and under the same remedies as a lien for city property taxes.

Section 6.17. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, recon
structing, widening, paving, or otherwise improving any public way, street, sidewalk, curbing, gutters, sewers, other utility mains and ap purtenances, or other public improvements against the abutting property

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owners, under such terms and conditions as may be prescribed by ordi nance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the highest rate permitted by law from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this Article for city property taxes.

Section 6.18. Transfer of Executions. The clerk of council shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same man ner and to the same extent as provided by Georgia Law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fa. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereafter provided by law.

Chapter 2. Indebtedness.
Section 6.20. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.21. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, ap proved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided.
Section 6.22. Short-Term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year.

Chapter 3. Accounting and Budgeting.
Section 6.30. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department or in stitution, agency and activity of the city government, unless otherwise provided by State or federal law.

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Section 6.31. Submission of Operating Budget to City Council. On or before a date fixed by the council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting documents shall be filed in the office of the clerk of council and shall be open to public inspection.

Section 6.32. Action by Council on Budget, (a) The council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year.

(b) The council shall adopt the final operating budget for the ensuing fiscal year not later than seven (7) days prior to the beginning thereof. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing fiscal year.

Section 6.33. Property Tax Levies. As the next order of business following adoption of the operating budget, the council shall levy by ordinance an annual tax on all taxable real and personal property within the City of Waynesboro. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Waynesboro.

Section 6.34. Additional Appropriations. The council may make appropriations in addition to those contained in the current operation budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies.

Chapter 4. Procurement and Property Management.
Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council.
Section 6.41. Centralized Purchasing, (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Waynesboro.
(b) Except as otherwise provided by law, the council may sell and convey any real or personal property owned or held by the City of Waynesboro for governmental or other purposes, at a public or private

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sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city.

ARTICLE VII.
MUNICIPAL SERVICES AND REGULATORY FUNCTIONS.
Section 7.10. Streets. The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, aban don and otherwise to exercise complete control over the streets, alleys, squares, parks, and sidewalks of the City of Waynesboro, The council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose.
Section 7.11. Municipal Utilities. The council shall have the power and authority to acquire, own, hold, build, maintain and operate a sys tem of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropriate bond issued in accordance with.the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City of Waynesboro.
Section 7.12. Sewers and Drains. The council shall have the power and authority to provide for the establishment, extension and mainte nance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For those purposes, the city is granted the power of eminent domain both within and without the corporate limits of the City. The council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the same when such service is made available. They may cause said connection to be made when the owners refuse, and issue executions to be made for the amount so expended, which execution shall create a lien on the property con nected with said water and sewerage systems from the date of the order of connection.
Section 7.13. Right of way. The City shall have the right, ease ment and franchise of laying the necessary mains, pipes, conduits and drains for waterworks and sewerages system purposes along the high ways of Burke County, Georgia, without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordi nances as may be necessary to protect the water basin and watershed from which the water supply is taken from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits, whether the same be situated within or without the corporate limits of said City.
Section 7.14. Power to Regulate and License. The Council shall

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have the power and authority to provide by ordinance for the registra tion and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of Waynesboro, regardless of whether or not the subject has an office or establishment within said city. The council shall be authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia, This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the opera tion of the City Government through the imposition of a tax or fee on the privilege of operating within the City. This authority extends over individuals, partnerships, associations, corporations and their agents and any other legal entity capable of transacting business.

Section 7.15. Franchises. The council shall have authority to ex ercise control over the use of streets of the City of Waynesboro. The power is hereby conferred upon the council to grant franchises for the use of said City's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, gas companies and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless
the city receives just and adequate compensation therefor. The council
shall provide for the registration of all franchises with the clerk of
council in the registration book to be kept by him. The council may
provide by ordinance for the registration within a reasonable time of all
franchises previously granted.

Section 7.16. Building, Housing, Electrical and Plumbing Regula tions. The council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discre tion of the council, be exercised by adoption of any such standard build ing, housing, gas heating and air-conditioning, electrical, plumbing and other such codes as may be deemed appropriate. The Council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees for inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical work or plumbing work. The council may enact all ordinances necessary to enforce such rules and regulations.

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ARTICLE VIII. MISCELLANEOUS.

Section 8.10. Official Bonds. The officers and employees of the City of Waynesboro, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require.
Section 8.11. Existing Ordinances, Rules and Terms of Office. Existing ordinances and resolutions of the City of Waynesboro not in consistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Waynesboro not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Existing terms of office of elected officials of the City of Waynesboro shall continue until the first officials elected under this charter have taken office.
Section 8.12. Section Captions. The captions to the several Sections of this charter are informative only and are not to be considered as a part thereof.
Section 8.13. Penalties. The violation of any provision of this charter for which no penalty is specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than 500 dollars or by imprisonment not to exceed 90 days or both such fine and imprisonment.

Section 8.14. Severability. If any Article, Section, subsection, para graph, sentence, or part thereof of this charter shall be held to be in valid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that all Articles, Sections, subsections, para graphs, sentences or parts thereof be enacted separately and inde pendently of one another.

ARTICLE IX.
REFERENDUM, EFFECTIVE DATE, STANDARD REPEALER.
Section 9.01. Referendum. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Waynesboro to issue the call for an election for the purpose of submitting this Act to the voters of said city for approval or rejection. The mayor and council shall set the date of such election for a day not more than 45 days after the date of the issuance of the call. The mayor and council shall cause the date and purpose of the election to be published once a week for two weeks immediately preced ing the date thereof, in the official organ of Burke County. The ballot shall have written or printed thereon the following words:

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"( ) YES Shall the Act providing a new charter for the City of ( ) NO Waynesboro be approved?"
All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Waynesboro. It shall be the duty of the mayor and council to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the mayor and council to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State.

Section 9.02. Effective Date. This charter shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9.03. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Senator Lewis of the 21st moved that SB 699 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 699 was immediately transmitted to the House.

HR 549. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A resolution creating the DeKalb County Property Appraisal Study Committee.

The Senate Committee on County and Urban Affairs offered the following substitute to HR 549:

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A RESOLUTION

Creating the DeKalb County Property Appraisal Study Committee; and for other purposes.

WHEREAS, the methods, means and techniques of appraising property for the purposes of taxation are vitally important to the citi zens and the government of DeKalb County; and

WHEREAS, the governing authority of DeKalb County needs cur rent, accurate information concerning expected or anticipated revenues in order to adequately plan for the efficient operation of the county government.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the DeKalb County Property Appraisal Study Committee, to be composed of the following members:

(a) Two members of the House of Representatives whose Repre sentative Districts lie within DeKalb County, elected by the members of the House of Representatives whose districts lie within DeKalb County.

(b) Two members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County, elected by the members of the Senate whose districts lie wholly or partially within DeKalb County.

(c) One member appointed by the governing authority of DeKalb County.

(d) One member appointed by the Chairman of the Republican Party of DeKalb County.

(e) One member appointed by the Chairman of the Democratic Party of DeKalb County.

(f) One member appointed by the governing body of the Municipal Association of DeKalb County.

(g) One member appointed by the governing authority of the De Kalb County Board of Realtors.

(h) One member appointed by the governing body of the DeKalb County Chamber of Commerce.

(i) One member appointed by the Tax Commissioner of DeKalb County.
(j) One member appointed by the Tax Assessor of DeKalb County,
(k) One member appointed by the School Board of DeKalb County.

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BE IT FURTHER RESOLVED that it shall be the duty of said Committee to study any matters relative to the methods, means and techniques of appraising property for tax purposes in DeKalb County. The Committee shall also study the means and methods of changing tax assessments and the administrative procedures connected with in forming the governing authority of DeKalb County of the expected or anticipated. revenues to be derived from taxation. The legislative members of the Committee shall jointly call the organizational meeting of the Committee, at which time the Committee shall elect a chairman from its own membership and such other officers as may be necessary or appropriate. The members of the Committee shall meet at such times and places as the Committee shall determine, and all members thereof shall serve without compensation or any expenses or allowances for service on the Committee.

BE IT FURTHER RESOLVED that the Committee shall submit a report of its findings and recommendations to the General Assembly, to the governing authority of DeKalb County and to such other officials and interested persons and organizations as the Committee shall deter mine by not later than January 1, 1977. The Committee shall stand abolished as of the last day the General Assembly meets in regular session during 1977.

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

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

Senator McDowell of the 2nd moved that the following bill of the Senate be immediately transmitted to the House:

SB 704. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act revising, altering, and consolidating into a com prehensive Act all laws relating to the Municipal Court of Savannah, as amended, so as to provide a minimum salary for the judges of said court and for the payment thereof.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 704 was immediately transmitted to the House.

MONDAY, MARCH 1, 1976

1875

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

Ballard
Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell 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 Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Timmons Turner Tysinger Warren Young

Those not answering were Senators:

Broun of 46th (excused conferee) Dean of 6th Dean of 31st

Holloway (excused conferee) Riley (excused conferee)

Russell Tate Thompson Traylor

Senator Pearce of the 16th introduced the chaplain of the day, Rev. Bill McTier, pastor of the Epworth United Methodist Church, Columbus, Georgia, who offered scripture reading and prayer.

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

SR 414. By Senator Dean of the 6th:
A resolution encouraging all elected State, county and local officials to resign from public office before qualifying to seek election to a different elected public office.

SR 416. By Senator Thompson of the 32nd: A resolution commending Ms. Clare Beth Le Gros.

SR 417. By Senators Howard of the 42nd and Hudson of the 35th: A resolution congratulating Charlie Roberts.

HR 886. By Representatives Lambert of the 112th, Marcus of the 26th and Murphy of the 18th:
A resolution commending Mr. Garnett McKinley Kirk.

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SENATE RULES CALENDAR Monday, March 1, 1976

SB 534. Small Businesses Advisory Council--compensation (SUB) SB 599. Special Investigative Grand Jury--provide (SUB) SB 624. Juvenile Court Code--places of detention (SUB) SB 644. Board of Accountancy--appointment of personnel (SUB) SB 655. Nursing Home Adm.--must be licensed by Board of Nursing
Homes SB 668. Nursing Homes--standards not to exceed minimum federal
standards SB 669. Gwinnett Judicial Circuit--additional judge SB 674. Militia District--no longer required to be males SB 675. County Police Force--no longer required to be men SB 676. Crime of Pandering, Statutory Rape--guilty without regard to sex SB 677. Use of Obscene Language--guilty of crime without regard to sex SB 678. Persuading to enter estab. for immoral pur.--guilt regardless
of sex SB 679. Wages--payment to spouse of either sex SB 680. Police, Patrol or Road Duty--females not exempt SB 681. Code on Females Admitted to Branch Colleges--strike Section
32-123 SB 686. College Degree--minimum value $10,000 (SUB) SB 690. Criminal Procedures--redefine double jeopardy SB 696. Peace Officers--change qualifications SB 697. Unlawful Discharge of Firearm on Sunday--exceptions SB 703. Western Judicial Circuit of Georgia--additional judge SR 376. Federal Clean Air Act--urge Congress amend SR 387. Full Employment in Georgia Study Committee--create HB 1367. Unemployment Compensation Law--benefit table (SUB) (AM) HE 462. New State Constitution--provide (AM)
HB 1186. Dependent Children--requirements for assistance payments (AM)
HB 1489. Game & Fish Laws--use of commercial fishing boats (AM)
HB 1490. Game & Fish Laws--rules issued by Board of Natural Resources (AM)
HB 1554. Laws Relating to Board of Corrections--add new subsection (AM)

MONDAY, MARCH 1, 1976

1877

HB 1581. MARTA--purpose for interest on certain investments
HB 1698. Council for Energy Resources--create
HB 1841. Forestry Com., Pub. Saf. Aircraft--acquisition, operation
SB 628. Health Insurance--reimbursement for services (SUB)
Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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

SB 599. By Senator Bell of the 5th:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for a Special Investigative Grand Jury; to provide for all pro cedures, requirements and other matters relative to the foregoing.

The Senate Committee on Judiciary offered the following substitute to SB 599:
A BILL
To be entitled an Act to amend Code Title 59, relating to juries, as amended, so as to provide for a Special Investigative Grand Jury; to provide for all definitions, procedures, requirements and 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. Code Title 59, relating to juries, as amended, is hereby amended by adding between Code Chapter 59-6B and Code Chapter 59-7, a new Code Chapter to be designated Code Chapter 59-6C, to read as follows:
"59-6C
Special Investigative Grand Juries.
59-601C. Special Investigative Grand Juries; Petition for Im paneling; Determination by Supreme Court, (a) As used in this Code Chapter, 'organized crime' means, any group of persons col laborating to promote, or conspiring to engage in, on a continuing basis in criminal activity as a significant source of income or livelihood, or to aid or abet the violation of the laws of this State relating to prostitution, lotteries, gambling, illegal drug distribu tion, illegal trafficking in intoxicating liquors and spirituous liquors, illegal distribution of deadly weapons, theft offenses, ex-

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tortion, lending money at usurious rates of interest, counterfeiting, bribery of law enforcement officers and other public officers and employees for the purpose of gain, or any other criminal offense for profit.

(b) As used in this Code Chapter, 'Special Investigative Grand Juries' or 'Special Grand Juries' means those grand juries impaneled to investigate and look into the activities of organized crime.

(c) Whenever the Attorney General has reason to believe that organized criminal activity extends beyond the boundaries of any single county and also deems it to be in the public interest to con vene a grand jury to investigate such activity, he may petition the Supreme Court of Georgia for an order in accordance with the provisions of this Act. Said court may, for good cause shown, order the impaneling of a special investigative grand jury which shall have Statewide jurisdiction.

(d) The Supreme Court shall designate a judge of a superior court to preside over the special grand jury; such judge shall be referred to herein as the presiding judge. In the event that it ap pears to the Supreme Court of Georgia that the principal investi gation will be centered in a particular circuit, the Supreme Court of Georgia may, in its discretion, appoint a superior court judge of that circuit as the presiding judge.

59-602C. Power and Duties; Applicable Law; Rules and Regula tions. A special investigative grand jury shall have the same pow ers and duties and shall function in the same manner as a county grand jury, except that its jurisdiction shall extend throughout the State. The law applicable to county grand juries shall apply to special investigative grand juries except when they are incon sistent with the provisions of this Act. The Supreme Court may promulgate such rules and regulations as it deems necessary to govern, particularly the procedures of the special investigative grand juries.
59-603C. List of Prospective Jurors; Selection; Membership; Term, (a) The Director of Administrative Office of Courts, upon receipt of an order granting a petition to impanel a special investi gative grand jury, shall prepare a list of prospective grand jurors drawn from the grand jury lists of the several counties. In pre paring the list of prospective grand jurors, the Director of Admin istrative Office of Courts need not include names of jurors from every county within the State, provided, however, that no more than one-fourth of the members of the special investigative grand jury shall be residents of any one judicial circuit. The presiding judge shall impanel the special investigative grand jury from the list compiled by the Director of Administrative Office of Courts. A special investigative grand jury shall be composed of members in the same qualifications as provided by law in the case of a county grand jury.
(b) The members of the special investigative grand jury shall be selected by the presiding judge with the advice of the Attorney

MONDAY, MARCH 1, 1976

1879

General and shall serve for one year following selection unless dis charged sooner by the presiding judge; provided further, that upon petition of a majority of the special grand jury or by the Attorney General, the Supereme Court, by order, may extend the term of such grand jury for a period of up to six months.

59-604C. Summoning of Jurors. The sheriff of the county in which a member of the special investigative grand jury resides, upon receipt of a copy of a panel of the grand jurors transmitted to him by the Director of the Administrative Office of Courts, shall cause said member to be summoned for service.

59-605C. Judicial Supervision. Judicial supervision of the spe cial investigative grand jury shall be maintained by the presiding judge and all indictments, presentments, and formal returns of any kind made by such grand jury shall be returned to such judge.

59-606C. Presentation of Evidence, (a) The presentation of evidence shall be made to the special investigative grand jury by the Attorney General or his designee.

(b) The special investigative grand jury may compel the at tendance of witnesses and the production of evidence and may issue a subpoena for any witness or a subpoena duces tecum to require the production of any books, records, papers or tangible thing which relate directly or indirectly to the subject of any investigation being conducted by such grand jury. The Attorney General or his designee shall have the authority to sign subpoenas to require the production of evidence and attendance of witnesses before such grand jury.

59-607C. Return of Indictment of Presentment; Designation of Venue; Consolidation of Indictments. Any indictment or present ment by a special investigative grand jury shall be returned to the presiding judge without designation of venue. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial. The judge may, by order, direct the consolidation of an indict ment returned by a county grand jury with an indictment returned by a special grand jury and fix venue for trial.

59-608C. Costs and Expenses. The costs and expenses incurred in impaneling a special investigative grand jury and in the per formance of its functions and duties shall be paid by the State out of funds appropriated to the judicial branch of government or such other funds as may be lawfully provided."

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

Senators Pearce of the 16th and Hudgins of the 15th offered the following amendment:
Amend the substitute offered by the Senate Committee on Judiciary

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JOURNAL OF THE SENATE,

to SB 599 by adding a new paragraph at the end of Section 1 as fol lows:
"No special Grand Jury impanelled under this Act shall have any jurisdiction in the Chattahoochee Judicial Circuit."

Senator Langford of the 51st moved that SB 599 be committed to the Com mittee on Judiciary.

Senator Bell of the 5th moved the previous question on SB 599. On the motion, 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 Banks Barker Bell
Brantley
Coverdell
Doss

Duncan Eldridge Fincher Foster
Garrard
Hamilton of 26th
Howard

Those voting in the negative were Senators:

Barnes Bond Brown of 47th Carter Dean of 6th Dean of 31st Gillis Hamilton of 34th Hill Holley

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Those not voting were Senators:

Broun of 46th (excused conferee) Holloway (excused conferee)

Riley (excused conferee) Tate

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

On the motion for the previous question, the yeas were 21, nays 29, and the motion was lost.

On the motion to commit, the yeas were 24, nays 13; the motion prevailed, and SB 599 was committed to the Committee on Judiciary.

MONDAY, MARCH 1, 1976

1881

SB 624. By Senators Bell of the 5th and Banks of the 17th:
A bill to amend Code Title 24A, known as "The Juvenile Court Code of Georgia", as amended, so as to provide for additional definitions; to change the provision relating to places of detention; to provide an ef fective date.

The Senate Committee on Judiciary offered the following substitute to SB 624:
A BILL
To be entitled an Act to amend Code Title 24A, known as "The Juvenile Court Code of Georgia", as amended, so as to provide for addi tional definitions; to change the provision relating to places of deten tion; 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 24A, known as "The Juvenile Court Code of Georgia", as amended, is hereby amended by adding at the end of Code Section 24A-401, five new subsections, to be designated as sub sections (k), (1), (m), (n), and (o), to read as follows:
"(k) 'shelter care' means twenty-four hour short-term care, including room and board, for deprived or neglected children sup ervised by court service workers from county departments of family and children services, with such care being provided in either a family or institutional group setting on the community level.
(I) 'attention homes' means facilities for twenty-four hour short term care, including room and board, for unruly and delin quent youths, in lieu of institutionalization, with such care pro vided in either a private or group setting in the local community.
(m) 'in-home supervision' means twenty-four hour short-term intensive daily supervision of a youth in his own home.
(n) 'group homes' means facilities for intensive care training and supervision of from five to eight children in a residential group setting provided for delinquent and unruly youths who cannot live in their own homes.
(o) 'contract homes' means facilities for long-term residential care for delinquent and unruly children who are not able to live in their own homes."
Section 2. Said Code Title is further amended by striking sub section (e) of Code Section 24A-1403, which reads as follows:
"(e) A child alleged to be deprived or unruly may be de-

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tained or placed in shelter care only in the facilities stated in paragraphs (1), (2), and (4) of subsection (a).",

and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) A child alleged to be deprived or unruly may be placed in shelter care, attention homes, in-home supervision, group homes, contract homes, or other nonsecure community-based facilities, pro vided that such shelter care, attention homes, in-home supervision, group homes, contract homes, or other nonsecure community-based facilities are available in the jurisdiction. If the court finds that such facilities are unavailable, or insufficient, the court may place a child alleged to be deprived or unruly in the facilities stated in paragraphs (1), (2), and (4) of subsection (a)."
Section 3. This Act shall become effective on August 1, 1977.
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 30, nays 0, and the substitute was adopted.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Pincher Poster

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

Overby Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Turner Warren Young

Those not voting were Senators:

Broun of 46th (excused conferee) Dean of 31st Gillis

Holloway (excused conferee) Riley (excused conferee)

Summers Tate Traylor Tysinger

MONDAY, MARCH 1, 1976

1883

On the passage of the bill, the yeas were 47, nays 0.

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

SB 644. By Senator Lewis of the 21st:
A bill to amend Code Section 84-202, relating to the duties and powers of the State Board of Accountancy, so as to authorize the board to rec ommend to the Secretary of State the employment or appointment of personnel, including, but not limited to an executive director, to assist the board in exercising or performing its powers, duties and obligations.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to SB 644:
A BILL
To be entitled an Act to amend Code Section 84-202, relating to the duties and powers of the State Board of Accountancy, so as to authorize the board to recommend to the Secretary of State the employment or appointment of personnel, including but not limited to an executive director, to assist the board in exercising or performing its powers, duties and obligations; to authorize the Secretary of State to appoint or employ such personnel, including but not limited to an executive director; to provide for other matters relative thereto; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 84-202, relating to the duties and powers of the State Board of Accountancy, is hereby amended by adding a new paragraph at the end thereof, to read as follows:
"The board shall recommend to the Secretary of State the employment or appointment, and the Secretary of State shall ap point or employ such personnel, including but not limited to an executive director, or may contract for the services thereof, as may be necessary to assist the board in exercising or performing any and all of the powers, duties, and obligations set forth in this Chapter. Provided, however, that the board and the Secretary of State must concur as to the individuals appointed unless the board waives its right to recommend named individuals. Personnel appointed or employed by the board shall be paid such salary or per diem as the board shall recommend and the Secretary of State shall approve, and all such personnel shall receive the necessary expenses incident to carrying out the duties imposed upon them by the board. Such personnel may, but need not be licensed accountants or members of the board; and investigators may be appointed or em ployed either permanently or temporarily. All such personnel shall be agents of the board and shall be authorized to perform any

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and all such powers, duties and obligations of the board as the board may direct. All personnel appointed or employed after the effective date of this Section shall be in the unclassified service as defined in Chapter 40-22, relating to the State Merit System.",
so that Code Section 84-202, when so amended, shall read as follows:
"84-202. Duties and powers of board; seal. Said State Board of Accountancy is charged with the duty of administering- and en forcing this Chapter, and shall have the power to make and pro mulgate rules and regulations not inconsistent with this Chapter; to have and use a seal, compel the attendance of witnesses, take testimony and receive proofs concerning all matters within its jur isdiction; and any members thereof may administer oaths to such witnesses. The board, or any member thereof designated by the board, may confer with similar boards of other States, or attend meetings for the purpose of obtaining information for the advance ment of the profession and the standards thereof.

The board shall recommend to the Secretary of State the employment or appointment, and the Secretary of State shall ap point or employ such personnel, including but not limited to an executive director, or may contract for the services thereof, as may be necessary to assist the board in exercising or performing any and all of the powers, duties, and obligations set forth in this Chapter. Provided, however, that the board and the Secretary of State must concur as to the individuals appointed unless the board waives its right to recommend named individuals. Personnel ap pointed or employed by the board shall be paid such salary or per diem as the board shall recommend and the Secretary of State shall approve, and all such personnel shall receive the necessary ex penses incident to carrying out the duties imposed upon them by the board. Such personnel may, but need not be licensed accountants or members of the board; and investigators may be appointed or employed either permanently or temporarily. All such personnel shall be agents of the board and shall be authorized to perform any and all such powers, duties and obligations of the board as the board may direct. All personnel appointed or employed after the effective date of this Section shall be in the unclassified service as defined in Chapter 40-22, relating to the State Merit System."

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 38, nays 0, and the substitute was adopted.

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

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

MONDAY, MARCH 1, 1976

1885

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

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

Those not voting were Senators:

Banks Broun of 46th (excused conferee) Gillis

Holloway (excused conferee) Pearce

Riley (excused conferee) Tate Traylor

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

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

Senator Lewis of the 21st moved that SB 644 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 644 was immediately transmitted to the House.

SB 668. By Senator Kidd of the 25th:
A bill to provide that State standards of care for certain persons in skilled and intermediate care nursing facilities shall not exceed certain minimum federal standards.

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

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

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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 Duncan Eldridge Foster Garrard

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

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

Those not voting were Senators:

Bond Broun of 46th (excused conferee) Fincher

Hill Holloway (excused conferee) Pearce

Riley (excused conferee) Traylor

On the passage of the bill, the ayes were 48, 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 179. By Representatives Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide that certain members of the Employees' Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions.

Senator Coverdell of the 40th moved that the Senate insist upon the Senate substitute to HB 179.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 179.

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

MONDAY, MARCH 1, 1976

1887

SB 669. By Senator Reynolds of the 48th:
A bill to add one additional judge of the superior courts of the Gwinnett Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of suc cessors 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, a roll call was taken, 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 Foster Garrard

Gillis Hamilton of 26th Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Robinson

Those not voting were Senators:

Bond Broun of 46th (excused conferee) Duncan Fincher

Hamilton of 3'4th Hill Holloway (excused conferee) Hudgins

Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Warren Young
Hudson Pearce Riley (excused conferee) Traylor

On the passage of the bill, the ayes were 44, nays 0.

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

SB 674. By Senator Doss of the 52nd:
A bill to amend Code Section 23-203, relating to residents of militia districts, so as no longer to require residents constituting a militia dis trict to be males.

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, a roll call was taken, 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 Foster Gillis

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

Those not voting were Senators:

Broun of 46th (excused conferee) Dean of 6th Fincher

Garrard Hill Holloway (excused conferee)

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

On the passage of the bill, the ayes were 48, nays 0.

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

Senator Bell of the 5th moved that the following bill of the Senate be immediately transmitted to the House:

SB 624. By Senators Bell of the Bth and Banks of the 17th:
A bill to amend Code Title 24A, known as "The Juvenile Court Code of Georgia", as amended, so as to provide for additional definitions; to change the provision relating to places of detention; to provide an effective date.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 624 was immediately transmitted to the House.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

MONDAY, MARCH 1, 1976

1889

SB 437. By Senators Lester of the 23rd, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend an Act providing for the control and operation of clinical laboratories, approved Mar. 20, 1970 (Ga. Laws 1970, p. 531), as amended, so as to provide that the provisions of this Act shall not apply to clinical laboratories operated by the State of Georgia.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, approved March 20, 1970 (Ga. Laws 1970, p. 531), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 247), an Act approved April 7, 1972 (Ga. Laws 1972, p. 1247), an Act approved April 7, 1972 (Ga. Laws 1972, p. 1257), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 737), so as to provide that the provisions of this Act shall not apply to clinical labora tories operated by the Medical College of Georgia, the Emory Univer sity School of Medicine and any other medical schools in Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for the control and operation of clinical laboratories, approved March 20, 1970 (Ga. Laws 1970, p. 531), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 247), an Act approved April 7, 1972 (Ga. Laws 1972, p. 1247), an Act approved April 7, 1972 (Ga. Laws 1972, p. 1257), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 737), is hereby amended by striking subsection (a) of Section 1 in its entirety and inserting in lieu thereof a new sub section (a) of Section 1 to read as follows:
"(a) operated by the Medical College of Georgia, the Emory University School of Medicine and any other medical schools in Georgia or the United States Government; or".
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 Lester of the 23rd moved that the Senate agree to the House substi tute to SB 437.

On the motion, 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 Barnes Bond Brantley Brown of 47th Carter Coverdell Dean of 3'lst Doss Duncan Eldridge Fincher Foster 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 Young

Those voting in the negative were- Senators:

Bell

Tysinger

Warren

Those not voting were Senators:

Banks Barker Broun of 46th (excused conferee)

Dean of 6th Garrard Holloway (excused conferee)

Hudgins Riley (excused conferee) Stumbaugh

On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 437.

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

SB 675. By Senator Doss of the 52nd:
A bill to amend Code Section 23-1401, relating to appointment, number and age of county police, so as no longer to require members of the county police force to be men.

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

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

Those voting in the affirmative were Senators:

Ballard Barnes
Bell Bond

Brown of 47th Carter Coverdell Dean of 31st

Doss Duncan Eldridge Fincher

MONDAY, MARCH 1, 1976

1891

Foster Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Robinson Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Voting in the negative was Senator Warren.

Those not voting were Senators:

Banks Barker
Brantley Broun of 46th (excused conferee) Dean of 6th

Garrard Hamilton of 34th
Holley Holloway (excused conferee) Hudgins

Lester Riley
(excused conferee) Russell

On the passage of the bill, the yeas were 42, nays 1.

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

Senator Russell of the 10th introduced the doctor of the day, Dr. Donald J. McKenzie, of Thomasville, Georgia.
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 676. By Senator Doss of the 52nd:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to provide that any person, without regard to sex, may be guilty of committing the offenses of pandering, pandering by com pulsion, and statutory rape of any other person, without regard to sex.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Fincher Foster

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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:

Barker Broun of 46th
(excused conferee) Dean of 6th

Garrard 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 majority, was passed.

SB 677. By Senator Doss of the 52nd:
A bill to amend Code Section 26-2610, relating to abusive or obscene language, as amended, so as to provide that a person may be guilty of certain prohibited communicating to, harassing of, or conduct in the presence of, any other person without regard to sex of said other person.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Doss Duncan Eldridge Fincher Foster Gillis

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

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren

MONDAY, MARCH 1, 1976

1893

Voting in the negative was Senator Tate.

Those not voting were Senators:

Banks Broun of 46th (excused conferee)

Dean of 31st Garrard Holloway (excused conferee)

Riley (excused conferee) Timmons Young

On the passage of the bill, the yeas were 47, nays 1.

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

SB 678. By Senator Doss of the 52nd:
A bill to amend an Act to license and regulate the operation of road houses, cabin camps, tourist camps, and public dance halls, so as to pro vide that any person may be guilty of committing the offense of per suading, inducing or enticing any other person, without regard to sex, to enter certain establishments for immoral purposes.

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

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

Those voting in the affirmative were Senators:

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

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
Young

Those not voting were Senators:

Ballard Banks Broun of 46th

Garrard Hamilton of 26th Riley

Russell Warren

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

1894

JOURNAL OF THE SENATE,

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

SB 679. By Senator Doss of the 52nd:
A bill to amend Code Chapter 66-1, relating to employment and wages in master and servant relationships, as amended, so as to provide that certain wages shall be paid over to any spouse, without regard to sex, and that such payment shall operate as a release from certain claims of such spouse.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, 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
Foster
Gillis

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

Those not voting were Senators:

Banks Fincher

Garrard Holloway

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

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

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

SB 680. By Senator Doss of the 52nd:
A bill to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as no longer to exempt females from the liability to discharge military, police, patrol or road duty.

MONDAY, MARCH 1, 1976

1895

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

On the passage of the bill, a roll call was taken, 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 Eldridge Foster Garrard Gillis

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

Voting in the negative was Senator Warren.

Those not voting were Senators:

Barnes Dean of 31st Duncan

Fincher Holley Holloway

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

On the passage of the bill, the yeas were 48, nays 1.

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

SB 681. By Senator Doss of the 52nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System in General, as amended, by striking in its entirety Code Section 32-123, relating to females admitted to branch colleges.

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

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

1896

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 6th
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 Shapard Stephens Stumbaugh Summers
Sutton
Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Dean of 31st Howard

Russell

Starr

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

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

SB 686. By Senator Sutton of the 9th:
A bill to provide that the minimum value of any college or university degree shall be $10,000.

The Senate Committee on Higher Education offered the following substitute to SB 686:
A BILL
To be entitled an Act to provide that no person who has received a loan for the purpose of attending any college or university under a loan program provided by the Constitution or laws, or both, of this State shall be authorized to file a petition for relief of the debt created by such loan under any federal statute providing for such relief; to provide that no such person shall otherwise take advantage of any federal statute providing for the adjustment of debts for the purpose of relieving such person from paying such loan; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 1, 1976

1897

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. No person who has received a loan for the purpose of attending any college or university under a loan program provided by the Constitution or laws, or both, of this State shall be authorized to file a petition for relief of the debt created by such loan under any federal statute providing for such relief. No such person shall otherwise take advantage of any federal statute providing for the adjustment of debts for the purpose of relieving such person from paying such loan.

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 29, nays 0, and the substitute was adopted.

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

On the passage of the bill, a roll call was taken, 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 Eldridge Fincher Foster Garrard Gillis

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

Those not voting were Senators:

Banks Bond

Duncan Holloway

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 51, nays 0.

1898

JOURNAL OF THE SENATE,

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

Senator Sutton of the 9th moved that SB 686 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 686 was immediately transmitted to the House.

SB 690. By Senator Banks of the 17th:
A bill to amend Code Title 26, the Criminal Code of Georgia, as amend ed, so as to provide that prosecution is not barred if the former prosecu tion was before a court which lacked jurisdiction or if subsequent pro ceedings resulted in the invalidation, setting aside, reversing or vacat ing of the conviction unless the accused was thereby adjudged not guilty.

Senator Barnes of the 33rd offered the following amendment:
Amend SB 690 by inserting after "guilty;" on line 7, Page 1, the following:
"to provide that on any subsequent retrial of a defendant under this Act, the defendant shall not receive a more harsh sentence than on the original trial",
and by adding after "guilty" on Page 2, line 4, the following:
"Provided however, no defendant who is retried under the pro visions of this Act shall receive a more harsh sentence on the re trial of the said case than on the original trial of the said defend ant."

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

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

On the passage of the bill, a roll call was taken, 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

MONDAY, MARCH 1, 1976

1899

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 Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Hudson

Summers

On the passage of the bill, the ayes were 53, nays 1.

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

SB 696. By Senator Kidd of the 25th:
A bill to amend the Georgia Peace Officers' Standards and Training Act, as amended, so as to change the qualifications of 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, a roll call was taken, 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 Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

1900

JOURNAL OF THE SENATE,

Pearce Reynolds Riley Robinson Russell

Shapard Starr Stephens Sutton Tate

Thompson Traylor Turner Tysinger Young

Voting in the negative was Senator Warren.

Those not voting were Senators:

Banks Holloway Howard

Langford Stumbaugh Summers

Timmons

On the passage of the bill, the ayes were 48, nays 1.

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

Senator Kidd of the 25th moved that SB 696 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 696 was immediately transmitted to the House.

SB 697. By Senator Ballard of the 45th:
A bill to amend an Act providing that it shall be unlawful for any per son to fire or discharge any firearm on Sunday with certain exceptions, so as to change the provisions relative to exceptions.

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

On the passage of the bill, a roll call was taken, 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 34th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

MONDAY, MARCH 1, 1976

1901

Voting in the negative was Senator Howard.

Those not voting were Senators:

Banks Bond Hamilton of 26th

Holloway Russell

Stephens Timmons

On the passage of the bill, the ayes were 48, nays 1.

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

Senator Ballard of the 45th moved that SB 697 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 697 was immediately transmitted to the House.

SB 703. By Senator Broun of the 4.6th:
A bill to add one additional judge of the superior courts of Western Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Howard 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 Young

1902

JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Banks Hamilton of 26th

Holloway Hudgins Russell

Stumbaugh Warren

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

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

Senator Broun of the 46th moved that SB 703 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 703 was immediately transmitted to the House.

SR 376. By Senators Gillis of the 20th and Kennedy of the 4th:
A resolution urging and requesting the Congress of the United States to amend the Federal Clean Air Act.

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

On the adoption of the resolution, a roll call was taken, 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 Holloway Howard 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

MONDAY, MARCH 1, 1976

1903

Those not voting were Senators:

Banks Duncan Hill

Holley Hudgins Hudson

Robinson

On the adoption of the resolution, the yeas were 49, nays 0.

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

SR 387. By Senators Ballard of the 45th, Dean of the 31st, Summers of the 53rd and others:
A resolution creating the Full Employment in Georgia Study Committee.
Senator Button of the 9th offered the following amendment:
Amend SR 387 by striking on Page 2, line 24, after the word "com mittee." the following:
"The legislative members of the committee shall receive the compensation and allowances authorized by law for members of interim legislative committees";
and by adding:
"Members shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be re imbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assemb ly when traveled by private vehicle. Any reimbursement for ex penses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Section. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00."
On the adoption of the amendment, the yeas were 32, nays 2, and the amend ment was adopted.

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

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

1904

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 6th Doss Duncan Eldridge Fincher

Foster Garrard
Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langf ord Lester Lewis McDowell McGill

Overby Pearce
Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Tate Thompson Traylor Turner Warren Young

Those voting in the negative were Senators:

Russell

Sutton

Timmons

Those not voting were Senators:

Dean of 3'lst Holloway

Hudgins McDuffie

Robinson Tysinger

On the adoption of the resolution, the yeas were 47, nays 3.

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

SB 534. By Senator Traylor of the 3rd:
A bill to amend an Act known as "The Small Business Assistance Act of 1975", so as to provide for compensation of members of the Advisory Council for travel and other expenses.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to SB 534:
A BILL
To be entitled an act to amend an act known as "The Small Busi ness Assistance Act of 1975", approved April 28, 1975 (Ga. Laws 1975, p. 1619), so as to provide for compensation of members of the Advisory Council for travel and other expenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, MARCH 1, 1976

1905

Section 1. An Act known as "The Small Business Assistance Act of 1975", approved April 28, 1975 (Ga. Laws 1975, p. 1619), is hereby amended by adding in Section 4, after the words "without compensa tion", the following:

"but shall be reimbursed for travel and other expenses incurred by them in carrying out their official duties in the same amount as provided for certain State boards and commissions under Section 4 of an Act approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended, except that such members shall not be com pensated for more than six days",

so that when so amended, Section 4 shall read as follows:

"Section 4. There is hereby created an Advisory Council to the Department 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 Com missioner of the Department to serve ex officio as Chairman of the Council. The members of the Council shall serve without compensa tion but shall be reimbursed for travel and other expenses incur red by them in carrying out their official duties in the same amount as provided for certain State boards and commissions under Section 4 of an Act approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended, except that such members shall not be com pensated for more than six days. 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 compensa tion as Executive Director of the Council."

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 Stumbaugh of the 55th offered the following amendment:
Amend the substitute offered by the Senate Committee on Industry, Labor and Tourism to SB 534 by striking on line 8, Page 2, the words "at least once monthly" and inserting in lieu thereof the word "bi monthly".

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment offered by Senator Stumbaugh of the 55th to the committee substitute was adopted.

Senator Sutton of the 9th offered the following amendment:

1906

JOURNAL OF THE SENATE,

Amend the substitute offered by the Senate Committee on Industry, Labor and Tourism to SB 534 as follows:

1. By striking beginning on line 12 of Page 1 the following:

"but shall be reimbursed for travel and other expenses in curred by them in carrying out their official duties in the same amount as provided for certain State boards and commissions under Section 4 of an Act approved April 13, 1973 (Ga. Laws 1973. p. 701), as now or hereafter amended, except that such members shall not be compensated for more than six days",
and substituting in lieu thereof the following:

"but shall receive the sum of $3'6.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be re imbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General As sembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Section. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00."
2. By striking beginning on line 1 of Page 2 the following:

"but shall be reimbursed for travel and other expenses incurred by them in carrying out their official duties in the same amount as provided for certain State boards and commissions under Section 4 of an Act approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended, except that such members shall not be com pensated for more than six days.",
and substituting in lieu thereof the following:
"but shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be re imbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General As sembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Sec tion. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00."

MONDAY, MARCH 1, 1976

1907

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment offered by Senator Sutton of the 9th to the committee substitute was adopted.

On the adoption of the committee substitute, the yeas were 37, nays 0, and the committee substitute was adopted as amended.

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

On the passage of the bill, a roll call was taken, 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
Doss
Duncan
Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudson
Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie

Those voting in the negative were Senators:

Eldridge McGill

Thompson Turner

Those not voting were Senators:

Barnes Holley Holloway

Hudgins Reynolds Summers

Overby Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Tate Timmons Traylor Tysinger Warren Young
Sutton

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

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

Senator Traylor of the 3rd moved that SB 534 be immediately transmitted to the House.

1908

JOURNAL OF THE SENATE,

On the motion, the yeas were 38, nays 1; the motion prevailed, and SB 534 was immediately transmitted to the House.

The following local bill of the House, reconsidered February 28, was put upon its passage:

HB 1857. By Representative Tucker of the 73rd: A bill to create and establish a Small Claims Court in and for Henry County; to prescribe 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.
Senator Banks of the 17th offered the following amendment:
Amend HB 1857 by striking from lines 11 and 12 on Page 2 the following:
", have completed a high school education,".
On the adoption of the amendment, the yeas were 54, 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 54, nays 0.

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

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

HB 2021. By Representative Oxford of the 116th:
A bill to provide a new Charter for the City of Plains, Georgia, in the county of Sumter; to provide for the incorporation of said city as the City of Plains; to provide for corporate boundaries; to provide for the corporate powers of the government of the City of Plains, to be exercised by the governing authority.

MONDAY, MARCH 1, 1976

1909

HB 2049. 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 number of employees within the sheriff's office; to make the chief jailer a deputy; to provide an effec tive date.

HB 2078. By Representatives Childs of the 51st, Russell of the 53rd, Jordan of the 58th and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the corporate limits of the City of Atlanta.

HB 2085. By Representative Irvin of the 10th:
A bill to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits of said city.

SB 648. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of County Commissioners for Baldwin County, as amended, so as to change the provisions relating to the chairman; to provide procedures for the removal of a chairman; to change the provisions relating to compensation.

SB 656. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of said city.

SB 659. By Senator Doss of the 52nd:
A bill to amend an Act creating a new charter for the City of Rome, as amended, so as to change the provisions relative to temporary loans made by the city.

SB 660. By Senator McGill of the 24th:
A bill to amend an Act creating a small claims court in and for Wilkes County, as amended, so as to change the jurisdiction of said court; to change the fees and costs in said court; to provide an effective date.

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

HR 859. By Representatives Dixon of the 151st and Sweat of the 150th:
A resolution proposing an amendment to the Constitution so as to provide for the procedures for the recall of the Clerk of the Superior

1910

JOURNAL OP THE SENATE,

Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education.

HR 864. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, McCollum of the 134th and White of the 132nd:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Central Albany Development Au thority and to provide for the powers, duties, and responsibilities of said Authority; to repeal a prior amendment ratified and adopted Nov. 3,1970.

HR 883. By Representatives Davis and Tolbert of the 56th, Russell of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to fix the com pensation and other emoluments of the members of the county govern ing authority and the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, Coroner and Tax Commissioner of DeKalb County.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 617. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 645. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to provide designations for the offices constituting the board of commissioners.

The House has adopted the following resolution of the House:

HR 890. By Representatives Hawkins of the 50th, Snow of the 1st, Evans of the 84th and others:
A resolution commending Georgia Tech's Economic Development Labora tory, Georgia Power Company's Community Development Department and the Georgia Municipal Association.

MONDAY, MARCH 1, 1976

1911

The House insists on its position in amending the following bill of the Senate:

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for limita tions relative to certain actions.

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

SB 655. By Senator Broun of the 46th:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, as amended, so as to provide that it shall be unlawful for any person not licensed under said Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name.

Senators Broun of the 46th and Starr of the 44th offered the following amendment:
Amend SB 655 by adding after the word and symbol "penalties;" on line 7 of Page 1 the following:
"so as to alter the composition of the board;"
By adding after the word and symbol "laws;" on line 7 of Page 1 the following:
"to provide for an effective date."
By striking Section 2 in its entirety and substituting in lieu thereof a new Section to read as follows:
"Section 2. An Act creating the Georgia State Board of Nursing Home Administrators approved April 8th, 1968, (Ga. Laws 1968, p. 1143), as amended, particularly by an Act approved April 29th, 1969, (Ga. Laws 1969, p. 744), and an Act approved March 21st, 1970, (Ga. Laws 1970, p. 573), is hereby further amended by striking in its entirety subsection (d) of section 2, relating to the composition of the Board, and by substituting in lieu thereof a new subsection (d) of section to read as follows:
"(d) Two members of the public-at-large who are not nursing home administrators or pecuniarily interested in any nursing home, to be appointed from a list of three persons for each position sub mitted by the Board of Human Resources;"
By adding a Section 3 to read as follows:

1912

JOURNAL OP THE SENATE,

"Section 3. Said Act is further amended by striking in its entirety subsection (f) of section 2 and inserting in lieu thereof a new subsection (f) of section 2 to read as follows:

"(f) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home ad ministrators in this State, who may be appointed from a list of three members for each position submitted by the Board of Direc tors of the Georgia Nursing Home Association, Inc."

By adding a Section 4 to read as follows:

"Section 4. All laws and parts of laws in conflict herewith are hereby repealed."

By adding a Section 5 to read as follows:

"Section 5. Sections 2 and 3 shall become effective upon the expiration of the term of office of a member of the Georgia State Board of Nursing Home Administrators, appointed under section 2(f) of Ga. Laws 1968, p. 1143, as amended, which expires after approval of this Act by the Governor or after this Act becomes law without his approval."

On the adoption of the amendment, the yeas were 39, 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker 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

McGill

Overby

Pearce

Reynolds

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

MONDAY, MARCH 1, 1976

1913

Those not voting were Senators:

Banks Barnes

Holloway

Summers

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

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

Senator Broun of the 46th moved that SB 655 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 655 was immediately transmitted to the House.

The following local, uncontested resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 623. By Representatives Harris and Stone of the 138th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Wayne County is hereby autho rized to levy a tax, in addition to any other tax authorized to be levied, not to exceed one-half mill on all the taxable property in said county for industrial purposes. The proceeds or any part thereof of such tax may be turned over to the Wayne County Industrial De velopment Authority for use by said authority as provided by laws relative thereto. Such tax funds may also be used in connection with industrial parks. Such funds may be used in any manner for assisting, promoting, and encouraging the location of industries in Wayne County and to assist and promote in any manner the indus trial development of Wayne County."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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JOURNAL OF THE SENATE,

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

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Wayne County to levy a
( ) NO tax not to exceed one-half mill for industrial develop ment purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 taken, 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 Duncan Eldridge Fincher
Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Larigford Lester Lewis McDowell MoDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Barnes Brown of 47th

Holloway

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

On the adoption of the resolution, the yeas were 52, nays 0.

MONDAY, MARCH 1, 1976

1915

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

HR 706. By Representatives Carlisle and Mostiler of the 71st:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Spalding County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission and to otherwise regulate and exercise police powers over businesses operated within the unincor porated areas of said County except those businesses regulated by the Public Service Commission; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitu tion of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Board of Commissioners of Spalding County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unincor porated areas of said County except those businesses regulated by the Public Service Commission and is further authorized and em powered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said County except those businesses regulated by the Public Service Commission, and in order to provide for the public welfare, health and security of the people of Spalding County, the governing authority of said County is further authorized and empowered to regulate and exer cise police powers over any businesses operated or conducted within the unincorporated areas of said County except those businesses regulated by the Public Service Commission and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Spalding County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

1916

JOURNAL OF THE SENATE,

" ( ) YES Shall the Constitution be amended so as to authorize the governing authority of Spalding County to levy,
( ) NO assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commis sion, and to otherwise regulate and exercise police powers over any such businesses?"

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 taken, 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
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
Pearce Reynolds

Those not voting were Senators:

Barnes Brown of 47th

Holloway

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

On the adoption of the resolution, the yeas were 52, nays 0.

MONDAY, MARCH 1, 1976

1917

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

HR 753. By Representatives Jackson, Whitmire and Wood of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for staggered terms of office for the members of the Board of Education of Hall County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion, as amended by an amendment providing for the election of the members of the Hall County Board of Eduction by the electors of the Hall County School District and providing for the appointment of the Hall County School Superintendent by the Board of Education of Hall County, which was ratified at the 1972 general election and which is set forth in Ga. Laws 1972, pp. 1379-1381, is hereby amended by adding immediately following the second paragraph of said 1972 amendment the following paragraph:
"At the 1978 general election, the candidates elected from Posts 2 and 4 of the Board of Education of Hall County shall be elected for terms of two years, and the candidates elected from Posts 1, 3 and 5 shall be elected for terms of four years, all such terms beginning on January 1, 1979. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. All members of the Board of Education of Hall County shall serve until their successors are elected and qualified as provided herein."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide ( ) NO for staggered terms of office for the members of the Board of Education of Hall County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

1918

JOURNAL OP THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 taken, 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 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

Those not voting were Senators:

Barnes Brown of 47th

Holloway

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

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 754. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A RESOLUTION
To amend a Resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority (Ga. Laws 1975, p. 1698), so as to provide that the Authority, subject to the ap proval of the Mayor and Council of the City of Athens, shall have the right and power of eminent domain; and for other purposes.

MONDAY, MARCH 1, 1976

1919

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. A Resolution proposing an amendment to the Constitu tion to establish the Downtown Athens Development Authority (Ga. Laws 1975, p. 1698), is hereby amended by adding at the end of the first quoted paragraph thereof the following:

"subject to the approval of the Mayor and Council of the City of Athens",

so that when so amended, the last sentence of the first quoted para graph of said Resolution shall read as follows:

"The Authority shall have the right and power of eminent domain for the purpose of acquiring property in carrying out its aims and objectives subject to the approval of the Mayor and Council of the City of Athens."

The Senate Committee on County and Urban Affairs offered the following substitute to HR 754:
A RESOLUTION
To amend a resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority (Ga. Laws 1975, p. 1698), so as to provide that the Authority, subject to the ap proval of the Mayor and two-thirds vote of the Council of the City of Athens, shall have the right and power of eminent domain; to provide a one-mill limitation with respect to any taxes levied subject to an approval of two-thirds vote of the City Council; to provide that taxes be levied only upon real property; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. A Resolution proposing an amendment to the Con stitution to establish the Downtown Athens Development Authority (Ga. Laws 1975, p. 1698), is hereby amended by adding at the end of the first quoted paragraph thereof the following:
"subject to the approval of the Mayor and two-thirds vote of the Council of the City of Athens",
so that when so amended, the last sentence of the first quoted para graph of said Resolution shall read as follows:
"The Authority shall have the right and power of eminent domain for the purpose of acquiring property in carrying out its aims and objectives subject to the approval of the Mayor and twothirds vote of the Council of the City of Athens."

1920

JOURNAL OF THE SENATE,

Section 2. Said Resolution is hereby amended by adding on line 5, Page 1699, after the word "rate", the following:
"not to exceed one mill",
and on line 5, Page 1699, before the word "property," the following: "real",

and on line 6, Page 1699, delete the following:
"and personal"
and by adding on line 8, Page 1699, before the word "Council", the following:
"two-thirds vote of the",
so that when so amended, the first complete sentence on Page 1699 shall read as follows:
"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 not to exceed one mill for taxes on real property within said districts based on values of real property fixed by the Tax Digest of the City of Athens and upon approval of such rate by the Mayor and two-thirds vote of the 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 there from to finance the projects undertaken by such Authority."

On the adoption of the substitute, the yeas were 52, nays 0, and the sub stitute was adopted.

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th
Hill Holley Howard Hudgins Hudson Kennedy Kidd

MONDAY, MARCH 1, 1976

1921

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:

Barnes Brown of 47th

Holloway

Summers

On the adoption of the resolution,, the yeas were 52, nays 0.

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

HR 776. By Representatives Murphy of the 18th, Howard and Cooper of the 19th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Paulding County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, for any period not exceeding 30 years with individuals, private firms and corporations for the lease, lease-purchase, purchase and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; to provide that any obligation made by Paulding County, Georgia, hereunder shall not limit, alter or affect the right of the coun ty to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of the Constitution; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of the Constitution to the contrary not withstanding, the governing authority of Paulding County is hereby

1922

JOURNAL OF THE SENATE,

authorized to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, with individuals, private firms and corporations for any period not exceeding thirty (30) years for the lease, lease-purchase, purchase and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources. Any obligation made by Paulding County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to 'Article VII, Section VII, Paragraphs I, II, III and IV of the Con stitution of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Paulding County to enter into contracts and other agreements including the
( ) NO execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, for any period not exceeding thirty (30) years with individuals, private firms and cor porations for the lease, lease-purchase, purchase and acquisition of financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; and to provide that any obligation made by Paulding County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Para graphs I, II, III and IV of the Constitution?"

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.

MONDAY, MARCH 1, 1976

1923

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 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

Those not voting were Senators:

Barnes Brown of 47th

Holloway

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

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 777. By Representatives Gignilliat of the 122nd, Battle of the 124th, Taggart of the 125th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing estab lishments shall be exempt from certain county ad valorem taxes, except school taxes, in Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII,' Section I, Paragraph IV of the Constitu tion of Georgia is hereby amended by adding at the end thereof the following:

1924

JOURNAL OF THE SENATE,

"All capital improvements of each new manufacturing estab lishment located in Chatham County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time of its establishment provided such estab lishment has capital improvements of $500,000. Each addition to the capital improvements of an existing manufacturing establish ment located in Chatham County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addi tion is $500,000, or more and if the addition results in a substantial increase in both the employment and the productive capacity of the manufacturing establishment. For the purpose of this exemption the term 'manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fab ricating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term 'capi tal improvements' shall mean and include buildings, machinery and equipment directly connected with the manufacturing process."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing
( ) NO establishments and certain additions thereto from all Chatham County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition?"

All persons desiring to vote in favor of ratifying the proposed 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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Bell Bond Brantley

Broun of 46th Carter Coverdell

MONDAY, MARCH 1, 1976

1925

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 Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Barnes Brown of 47th

Holloway

Summers

On the adoption of the resolution, the yeas were 52, nays 0.

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

The following general resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 496. By Representatives Matthews of the 145th and Patten of the 146th: A resolution compensating Mr. Floyd M. Hilley.

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 taken, 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 Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy

1926

JOURNAL OF THE SENATE,

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:

Barnes

Holloway

Summers

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

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

HR 518, By Representative Logan of the 62nd: A resolution compensating Dr. Richard E. Wooley.
The Senate Committee on Appropriations offered the following amendment: Amend HR 518 by striking on Page 1, line 23, the following: "$800",
and substituting in lieu thereof the following: "$400".

On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

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

The resolution involving an appropriation, a roll call was taken, 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

MONDAY, MARCH 1, 1976

1927

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
Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barnes

Holloway

Summers

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

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

HR 525. By Representative Kilgore of the 65th: A resolution compensating Mr. and Mrs. S. M. Lynch.
The Senate Committee on Appropriations offered the following amendment:
Amend HR 525 by striking on Page 1, line 19, the figure "$6,328.00", and substituting in lieu thereof the figure "$3,463.00".

On the adoption of the amendment, the yeas were 53, nays 0, and the amend ment was adopted.

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

The resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond

Brantley Broun of 46th Brwon of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge

1928

JOURNAL OP THE SENATE,

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 Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barnes

Holloway

Summers

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

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

HR 593. By Representative Toles of the 16th: A resolution compensating Mr. Hugh M. Toles.

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 taken, 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 Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holle;y 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

MONDAY, MARCH 1, 1976

1929

Those not voting were Senators:

Barnes

Holloway

Summers

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

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

HR 609. By Representative Reaves of the 147th: A resolution compensating Brooks County.

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 taken, 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
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

Those not voting were Senators:

Barnes

Holloway

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

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

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

1930

JOURNAL OP THE SENATE,

HR 621. By Representative Culpepper of the 98th: A resolution compensating Mr. Tim Byrd.

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 taken, 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 Doss Duncan Eldridge
Pincher
Poster
Garrard

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

Those not voting were Senators:

Barnes

Holloway

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

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

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

HR 664. By Representative Miles of the 86th: A resolution compensating Mr. Thomas Dale Meador.

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 taken, and the vote was as follows:

MONDAY, MARCH 1, 1976

1931

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 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

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

Those not voting were Senators:

Barnes

Holloway

Summers

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

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

HR 705. By Representative Adams of the 79th: A resolution compensating Mr. Grover McSwain.

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 taken, 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 Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy

1932

JOURNAL OF THE SENATE,

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:

Barnes

Holloway

Summers

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

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

HR 743. By Representative Wood of the 9th: A resolution compensating Mr. Daniel Wall.

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 taken, 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
Doss
Duncan
Eldridge
Fincheir
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 Sutton Tate Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

MONDAY, MARCH 1, 1976

1933

Those not voting were Senators:

Barnes

Holloway

Summers

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

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

The President announced the Senate would stand in recess from 12:00 o'clock P. M. until 2:00 o'clock P. M. today.

The President called the Senate to order.

Senator Doss of the 52nd moved that the following bill of the Senate be immediately transmitted to the House.

SB 674. By Senator Doss of the 52nd:
A bill to amend Code Section 23-203, relating to residents of militia districts, so as no longer to require residents constituting a militia district to be males.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 674 was immediately transmitted to the House.

Senator Doss of the 52nd moved that the following bill of the Senate be immediately transmitted to the House.

SB 675. By Senator Doss of the 52nd:
A bill to amend Code Section 23-1401, relating to appointment, number and age of county police, so as no longer to require members of the county police force to be men.

On the motion, the yeas we,re 33, nays 0; the motion prevailed, and SB 675 was immediately transmitted to the House.

Senator Doss of the 52nd moved that the following bill of the Senate be immeditaely transmitted to the House:

SB 676. By Senator Doss of the 52nd:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to provide that any person, without regard to sex, may

1934

JOURNAL OP THE SENATE,
be guilty of committing the offenses of pandering, pandering by com pulsion, and statutory rape of any other person, without regard to sex.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 676 was immediately transmitted to the House.

Senator Doss of the 52nd moved that the following bill of the Senate be immediately transmitted to the House:

SB 677. By Senator Doss of the; 52nd:
A bill to amend Code Section 26-2610, relating to abusive or obscene language, as amended, so as to provide that a person may be guilty of certain prohibited communicating to, harassing of, or conduct in the presence of, any other person without regard to sex of said other person.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 677 was immediately transmitted to the House.

Senator Doss of the 52nd moved that the following bill of the Senate be immediately transmitted to the House:

SB 678. By Senator Doss of the 52nd:
A bill to amend an Act to license and regulate the operation of road houses, cabin camps, tourist camps, and public dance halls, so as to provide that any person may be guilty of committing the offense of per suading, inducing or enticing any other person, without regard to sex, to enter certain establishments for immoral purposes.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 678 was immediately transmitted to the House.

Senator Doss of the 52nd moved that the following bill of the Senate be immediately transmitted to the House:

SB 679. By Senator Doss of the 52nd:
A bill to amend Code Chapter 66-1, relating to employment and wages in master and servant relationships, as amended, so as to provide that certain wages shall be paid over to any spouse, without regard to sex, and that such payment shall operate as a release from certain claims of such spouse.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 679 was immediately transmitted to the House.

MONDAY, MARCH 1, 1976

1935

Senator Doss of the 52nd moved that the following bill of the Senate be immediately transmitted to the House.

SB 680. By Senator Doss of the 52nd:
A bill to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as no longer to exempt females from the liability to discharge military, police, patrol or road duty.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 680 was immediately transmitted to the House.

Senator Doss of the 52nd moved that the following bill of the Sesnate be immediately transmitted to the House:

SB 681. By Senator Doss of the 52nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System in General, as amended, by striking in its entirety Code Section 32-123, relating to females admitted to branch colleges.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 681 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:
HB 2034. By Representative Sams of the 90th: A bill to amend an Act authorizing counties to establish and maintain law libraries so as to change the provisions relating to the SecretaryTreasurer of the Board of Trustees; to change the provisions relating to financing the cost of establishing and maintaining law libraries.
HB 1907. By Representatives Lambert of the 112th and Carlisle of the 71st: A bill to amend Code Chapter 88-13 known as the "Georgia Radiation Control Act" so as to amend the policy declared; to provide certain requirements relative to the administration of a radiation control program.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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JOURNAL OP THE SENATE,

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.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1229. By Representatives Walker of the 115th, Lambert of the 112th, Culpepper of the 98th and others:
A bill to amend Code Chapter 69-3, relating to powers, duties and liabil ities of municipal corporations in general, as amended, so as to provide for practices, procedures, requirements and qualifications for the sale of property of municipal corporations.

HB 1369. By Representatives Hawkins of the 50th, Ross of the 76th, Sizemore of the 136th and others:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State so as to provide for leaves of absence for maternity reasons.

HB 1750. By Representatives Buck of the 95th and Ware of the 68th: A bill to amend Code Title 56, relating to insurance, as amended, so as to provide a new Chapter relating to comprehensive health care plans; to adopt a Health Care Plan Act; to provide for a short title ("Health Care Plan") and the scope of the Act; to define certain terms; to provide for the organization of health care corporations.
The House insists on its position in substituting the following bill of the Senate and has appointed a Committee of Conference to confer with a like com mittee on the part of the Senate:
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.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Evans of the 99th, Triplett of the 128th and Matthews of the 63rd.
The following general bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

MONDAY, MARCH 1, 1976

1937

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
Senate Sponsor: Senator Ballard of the 45th.
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law" (now Employment Security Law), so as to replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

The Senate Committee on Industry, Labor and Tourism offers the following substitute to HB 1367.
A BILL
To be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to replace present benefit table by adding a formula effective April 1, 1976; to require claimant to show his or her availability; to require the earning of wages and not insured wages to establish eligibility for payment in a new benefit year; to require a person voluntarily retired to earn wages and not insured wages in order to establish a claim; to change the disqualification provisions related to voluntary quit, dis charge for cause, and refusal of suitable work; to add a definition of "suitable work"; to require separation notices; to allow only Agency personnel to record claim hearings except under certain circumstances; to qualify the operating of the Statewide Reserve Ratio tables; to add a lower rate to the tax table, which an employer may earn through experience; to allow borrowing from the Federal Trust Fund should the Georgia Unemployment Trust Fund become depleted; to strike provisions relating to special and general rules; to change the tax base from $4,200 to $6,000; to add provisions relative to real estate and insurance salesmen employed by a nonprofit employer, State hos pital or institution of higher education as required by the Federal Unemployment Tax Act; to add to the definition of "most recent em ployer"; to define "bona fide in the labor market"; to provide for other matters relative to the foregoing; to provide for severability; to pro vide for effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act approved March 29, 1937, known as the "Un employment Compensation Law" (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law), is hereby amended by adding, immediately following the last step in the benefit table in paragraph (1) of subsection (b) of Section 3, a new unnumbered para graph to read as follows:
"Provided, however, to be effective April 1, 1976, and effective with benefit years beginning on and after April 1, 1976, an in dividual's weekly benefit amount shall be that whole dollar

1938

JOURNAL OF THE SENATE,

amount computed by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the whole dollar amount of the quotient, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages were highest; provided further, that when the weekly benefit amount, as computed, would be more than $11 and less than $27, the individual's weekly benefit amount will be $27; pro vided further, that no weekly benefit amount shall be established for less than $27 nor more than $90."

Section 2. Said Act is further amended by striking from the beginning of Section 4 only that phrase which reads as follows:

"An unemployed individual shall be eligible to receive bene fits with respect to any week only if the Commissioner finds that:",

and substituting in lieu thereof the following:

"An unemployed individual shall be eligible to receive benefits with respect to any week only if such unemployed individual shows to the satisfaction of the Commissioner that:".

Section 3. Said Act is further amended by striking the word "in sured" where it appears in subsections (f) and (g) of Section 4 so that when amended, subsections (f) and (g) of Section 4 shall read as fol lows:
"(f) He has, since the effective date of his last established previous benefit year, performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of the new benefit-year claim.

(g) He has, since retiring of his own volition to receive a pension, performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount."
Section 4. Said Act is further amended by striking subsections (a), (b) and (c) of Section 5 in their entirety and substituting in lieu thereof new subsections (a), (b) and (c) of Section 5 to read as follows:
"(a) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has left his most recent employer voluntarily without good cause in connection with his most recent work as determined by the Commissioner according to the circumstances in the case, and until he has secured employ ment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of his claim.

MONDAY, MARCH 1, 1976

1939

(b) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has been discharged or suspended from work with his most recent employer for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, and for not less than one week and not more than the life of the claim, which immediately follow the week in which said valid claim was filed as determined by the Commissioner in the case according to the seriousness of the offense, not counting the waiting period: Provided, however, there shall be charged against the benefits to which the individual is entitled under Section 3(b), hereof, an amount equal to his weekly benefit amount for each week of such disqualification; provided, however, in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth shall be on the employer and the presumption shall be with the employee.

(c) If he has failed without good cause, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or his employer (provided said employer shall report said offer of suitable work in writing to the Commis sioner as prescribed by regulation), or to accept suitable work when offered him by any employer, or to return to his customary self-employment (if any) when so directed by the Commissioner. Such disqualification shall continue until he has secured employ ment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly bene fit amount of his claim.

(1) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of un employment and prospects for securing local work in his customary occupation, and the distance of the available work from his resi dence.

In making determinations under this paragraph, the length of unemployment shall be given full consideration, and after an ad justment period, the claimant must accept work involving less com petence and at a lower remuneration. If a claimant has received eight weeks of benefits during his current period of unemploy ment, no work otherwise suitable shall be considered unsuitable because of prior training, claimant's experience and prior earnings, or level of compensation, provided such compensation is equal to or exceeds 125% of the amount derived by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the integer value of the quotient. If a claimant has received thirteen weeks of benefits during his current period of unemployment, no work shall be considered unsuitable because of prior training, the claimant's experience and prior earnings, or level of compensation, provided such compensation is equal to or exceeds 110% of the amount derived by dividing the total insured wages paid such individual in that quarter of his base period in which such total

1940

JOURNAL OF THE SENATE,

wages were highest by 25 and adding 1 to the integer value of the quotient; provided, however, such compensation must be equal to or greater than the minimum wage established by federal or State laws.

(2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) if the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are less favorable to the individual than those pre vailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a com pany union or to resign from or refrain from joining any bona fide labor organization."

Section 5. Said Act is further amended by adding immediately before the last sentence in subsection (a) of Section 6 the following:

"Each employer shall furnish to each employee a separation notice at such time as said employee leaves the employment of his employer. The separation notice shall contain detailed reasons for the employee's separation and the employee shall tender this separation notice to the claims center at the time of filing a claim for benefits. This separation notice shall be otherwise in such form as prescribed in regulations by the Commissioner.",

so that when so amended subsection (a) of Section 6 shall read as follows:

"(a) Filing. Claims for benefits shall be made in accordance with such regulations as the Commissioner may prescribe. Each employer shall post and maintain in places readily accessible to individuals in his service printed statements concerning such regulations or such other matters, as the Commissioner may by regulation prescribe. Each employer shall make available to such individuals copies of such printed statements or materials relating to claims for benefits as the Commissioner may by regulation prescribe. Each employer shall furnish to each employee a separa tion notice at such time as said employee leaves the employment of his employer. The separation notice shall contain detailed rea sons for the employee's separation and the employee shall tender this separation notice to the claims center at the time of filing a claim for benefits. This separation notice shall be otherwise in such form as prescribed in regulations by the Commissioner. Such printed statements or materials shall be supplied by the Commis sioner to each employer without cost to him."

Section 6. Said Act is further amended by adding at the end of subsection (f) of Section 6 the following:

"Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a

MONDAY, MARCH 1, 1976

1941

recording, of any type whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the interested parties provided prior written consent is received by the Agency from all interested parties.",

so that when so amended, said subsection (f) of Section 6 shall read as follows:

"(f) Procedure. The manner in which appealed claims shall be presented, and the conduct of hearings and appeals shall be in ac cordance with regulations prescribed by the Board of Review for determining the rights of the parties, whether or not such regula tions conform to common law or statutory rules of evidence and other technical rules or procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim shall be recorded, but need not be transcribed unless the disputed claim is further ap pealed. Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a recording, of any type whatsoever, of any hearing in volving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the in terested parties provided prior written consent is received by the Agency from all interested parties."

Section 7. Said Act is further amended by adding immediately following the second Rate Table appearing in paragraph (6) of sub section (c) of Section 7, the following:

"Notwithstanding the above Table, the following provisions shall be applicable for the dates and categories covered thereby:

If the excess percentage on:
June 30,1975 or June 30 of subsequent years

Equals or
The Contribution Rate___________Exceeds

But is Less Than

is (Percent) .08 .04

8.64 8.95 8.95 and over."

Section 8. Said Act is further amended by adding at the end of the second paragraph of paragraph (8) of subsection (c) of Section 7 the following:
"Provided, however, that such overall reduction for any year shall not exceed two steps more than the prior year:",

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JOURNAL OF THE SENATE,

so that when so amended said second paragraph of paragraph (8) of subsection (c) of Section 7 shall read as follows:

"When the Statewide Reserve Ratio, as computed above, is 4.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance and whose rate as computed under the Rate Table in subsection (6) hereof, as amended by this Act (54-622 (c) (6), Ga. Ann. Code, as amended by this Act) is 2.16 percent or less on his computation date, shall have his contri bution rate at the time of computation date credited by applying an overall reduction in said rate in accordance with the following table. Provided, however, that such overall reduction for any year shall not exceed two steps more than the prior year:".

Section 9. Said Act is further amended by striking from paragraph (8) of subsection (c) of Section 7 only the unnumbered paragraph ap pearing immediately following the Statewide Reserve Ratio table con cerning tax increase, which unnumbered paragraph reads as follows:

"Provided, however, that such overall increase for any year shall not result in any employer whose contribution rate is 2.16 percent or less, as of the time of the application of the overall in crease, being charged a rate in excess of 3 percent; nor shall it result in any employer whose contribution rate is greater than 2.16 percent, as of the time of the application of the overall in crease, being charged a rate in excess of 4.5 (4.5/10) percent.",

and substituting in lieu thereof the following paragraph:

"Provided, however, that such overall increase for any year shall not exceed two steps more than the prior year; provided further, the computed rates after application of percentage reduc tions or increases will be rounded to the nearest one-hundredth (1/100) of one percent (1%)."

Section 10. Said Act is further amended by adding at the end of Section 9 a new subsection (f) to read as follows:
"(f) The Commissioner is hereby authorized to borrow funds from the United States Treasury in accordance to standards and regulations promulgated by the U. S. Department of Labor and pursuant to laws of the United States. Such authority is granted only to be used when or if the Georgia Unemployment Compensa tion Fund should be depleted, and all funds so borrowed shall be used only for the purpose of paying benefits to those persons eligible to receive such benefits."

Section 11. Said Act is further amended by striking subsection (b) of Section 11, which reads as follows:

"(b) Regulations and General and Special Rules. General and special rules may be adopted, amended, or rescinded by the Com-

MONDAY, MARCH 1, 1976

1943

missioner only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten days after filing with the Secretary of State and publication in one or more newspapers of general circulation in this State. Special rules shall become effective ten days after notification to or mailing to the last known address of the in dividuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the Commissioner and shall become effec tive in the manner and at the time prescribed by the Commis sioner.",
in its entirety.
Section 12. Said Act is further amended by striking the words "and general and special rules" where the same appear in subsection (c) of Section 11 so that when amended subsection (c) of Section 11 shall read as follows:

"(c) Publication. The Commissioner shall cause to be printed for distribution to the public the text of this Act, his regulations, his annual reports to the Governor, and any other material he deems relevant and suitable, and shall furnish the same to any person upon application therefor."

Section 13. Said Act is further amended by adding at the end of subparagraph (M) of paragraph (12) of subsection (h) of Section 19 the following:

"Provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher educa tion operated by the State or an instrumentality thereof shall be considered in employment for the purposes of this Act.",

so that when so amended, said subparagraph (M) of paragraph (12) of subsection (h) of Section 19 shall read as follows:

"(M) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor or as a licensed real estate salesman, if all such service performed by such in dividual for such employer is performed for remuneration solely by way of commission. Provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the em ployment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be considered in employment for the purposes of this Act."

Section 14. Said Act is further amended by adding between the figure "1972" and the word "have" where the same appear in para graph (1) of subsection (n) of Section 19, the following:

"through December 31, 1975, and $6,000.00 beginning January 1, 1976,",

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so that when so amended, said paragraph (1) of subsection (n) of Sec tion 19 shall read as follows:

"(1) For the purposes of Section 7 of this Act, except para graphs (c) (2) and (8) thereof, and of subsection (a) of this Sec tion, that part of the remuneration which, after remuneration equal to $3,000.00 through December 31, 1971, and $4,200.00 beginning January 1, 1972 through December 31, 1975, and $6,000.00 begin ning January 1, 1976, have been paid to an individual by an em ployer during any calendar year with respect to employment within this or any other State, is paid to such individual by such employer during such calendar year: Provided, further, that in cases of successorship of an employer the amount of wages paid by the pred ecessor shall be considered, for purposes of this provision, as having been paid by the successor employer; and".

Section 15. Said Act is further amended by striking the word "and" where it appears at the end of paragraph (3) of subsection (n) of Section 19 and inserting in lieu thereof the following:

"provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher educa tion operated by the State or an instrumentality thereof shall be considered as receiving wages in covered employment; and",

so that when so amended, said paragraph (3) of subsection (n) of Section 19 shall read as follows:

"(3) Payments made after July 1, 1966, as commission by a real estate broker to a licensed real estate salesman exclusively for the sale of real property; provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or insti tution of higher education operated by the State or an instrumental ity thereof shall be considered as receiving wages in covered em ployment; and".

Section 16. Said Act is further amended by adding the words, "or any governmental agency" at the end of the beginning language of subsection (x) of Section 19 where such language appears immediately preceding paragraph (1) of said subsection (x) so that when so amended the beginning language of subsection (x) of Section 19 shall read as follows:

" 'Most Recent Employer' means a bona fide legal entity liable for payment of the unemployment insurance tax or any govern mental agency".

Section 17. Said Act is further amended by adding at the end of Section 19 a new subsection (y) to read as follows:

MONDAY, MARCH 1, 1976

1945

"(y) 'bona fide in the labor market'--This term as used in Section 4(c) of this Act shall mean that any person claiming bene fits under this Act must be available for full-time work, as that term is generally understood in the trade or work classification in volved, without regard to prior work restrictions. Availability shall be for full-time continuous employment."

Section 18. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 19. This Act shall become effective upon signature of the Governor or otherwise, by law without his signature, with the excep tion of Sections 1, 3, and 4, which shall be effective April 1, 1976, and Section 5, which shall be effective July 1, 1976.

Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Ballard of the 45th and Holloway of the 12th offered the following amendment:
Amend the substitute offered by the Senate Committee on Industry, Labor and Tourism to HB 1367 as follows:
(1) By inserting in the caption on Page 1 after the semicolon following the word "market" on line 25 and before the word "to" at the beginning of line 26, the following:
"to give the Commissioner of Labor sole responsibility and authority for negotiating and entering into lease agreements for property necessary for administration of all programs for which he has responsibility;"
(2) By inserting after Section 17 a new Section 18 to read as follows:
"Section 18. The Commissioner of Labor shall have sole au thority and responsibility to negotiate for or to enter into any necessary agreements to lease any and all property needed for establishing and maintaining offices for administration of unem ployment claims and tax activities and training and placement activities prescribed in the Social Security Act, other Federal Acts and the Georgia Employment Security Act, and for all other pro grams for which he, as Commissioner of Labor, has responsibility

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for administering under present and future Federal laws or by contract."

(3) By renumbering former Sections 18, 19 and 20 to read as Sec tions 19, 20 and 21, respectively.

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment to the Committee substitute was adopted.

Senator Stephens of the. 36th moved that HB 1367 be committed to the Com mittee on Industry, Labor and Tourism.

On the motion, Senator Stephens of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Dean of 6th

Hamilton of 34th Lester Starr

Those voting in the negative were Senators:

Ballard Barker Bell Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st
Doss Duncan Fincher
Foster Garrard Gillis

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

Those not voting were Senators:

Banks Eldridge

Pearce

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

On the motion, the yeas were 8, nays 44, and the motion lost.

On the adoption of the committee substitute, the yeas were 46, nays 1, and the committee substitute was adopted as amended.

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

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

Those voting in the affirmative ware Senators:

Ballard 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 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 Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Starr.

Not voting were Senators Banks and Brantley.

On the passage of the bill, the yeas were 53, nays 1.

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

HR 462-1226. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A RESOLUTION
Proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1976; to provide an effective date; to provide for the sub mission of this Constitution for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. If ratified by the people at the general election in 1976, the following shall be the Constitution of the State of Georgia of 1976:

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CONSTITUTION OF THE
STATE OF GEORGIA PREAMBLE

To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.

ARTICLE I.
BILL OF RIGHTS
SECTION I.
RIGHTS OF PERSONS
Paragraph I. Life Liberty, and Property. No person shall be deprived of life, liberty, or property, except by due process of law.
Paragraph II. Freedom of Conscience. All men have the natural, and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience.
Paragraph III. Religious Opinions; Liberty of Conscience. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.
Paragraph IV. Liberty of Speech or of the Press Guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abouse of that liberty.
Paragraph V. Arms, Rights to Keep and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph VI. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.
Paragraph VII. Attainder; Ex Post Facto and Retroactive Laws, Etc. No bill of attainder, ex post facto law, retroactive law, or law

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impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.

Paragraph VIII. Libel; Jury in Criminal Cases; New Trials. In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction is preserved.

Paragraph IX. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.

Paragraph X. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized.

Paragraph XI. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.

Paragraph XII. Habeas Corpus. The writ of Habeas Corpus shall not be suspended.

Paragraph XIII. Crimination of Self Not Compelled. No person shall be compelled to give testimony tending in any manner to criminate himself.

Paragraph XIV. Bail; Fines; Punishment; Arrest, Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.

Paragraph XV. Jeopardy of Life or Liberty More Than Once Forbidden. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his, or her own motion for new trial after conviction, or in case of mistrial.

Paragraph XVI. Treason. Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giv ing them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or
confession in open court.

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Paragraph XVII. Conviction, Effect of. No conviction shall work corruption of blood, or forfeiture of estate.

Paragraph XVIII. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.

Paragraph XIX. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.

Paragraph XX. Imprisonment for Debt. There shall be no im prisonment for debt.

Paragraph XXI. Costs. No person shall be compelled to pay costs except after conviction on final trial.

Paragraph XXII. Status of the Citizen. The social status of the citizen shall never be the subject of legislation.

Paragraph XXIII. Exemptions from Levy and Sale. There is here by exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor. The laws now of force with respect to the exemptions provided herein shall remain in full force until changed by law.

Paragraph XXIV. Wife's Separate Estate. All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband.

Paragraph XXV. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitu tion shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.

SECTION II. ORIGIN AND STRUCTURE OF GOVERNMENT

Paragraph I. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them.

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Paragraph II. State Rights. The people of this State have the in herent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness.

Paragraph III. Protection the Duty of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.

Paragraph IV. Legislative, Judicial, and Executive Powers, Sepa rate. The legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided.

Paragraph V. Civil Authority Superior to Military. The civil au thority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law.

Paragraph VI. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.

Paragraph VII. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legis lation, except with the free consent, in writing of all persons to be af fected thereby; and no person under legal disability to contract, is capable of such consent.

Paragraph VIII. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them.

Paragraph IX. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.

Paragraph X. Appropriations to Churches, Sects, Etc., Forbidden. No money shall ever be taken from the public Treasury, directly or in directly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.

Paragraph XI. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.

Paragraph XII. Lobbying; Penalties. Lobbying is declared to be

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a crime, and the General Assembly shall enforce this provision by suit able penalties.

Paragraph XIII. Fraud; Concealment of Property. The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.

SECTION III.
GENERAL PROVISIONS
Paragraph I. Private Ways; Just Compensation; Relocation As sistance; Land Acquisition Policies, Practices and Expenses. 1. In case of necessity, private ways may be granted upon just compensation be ing first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make pre payment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disburse ment of the same to the end that the rights and equities of the property owner, lien holders, and the State and its subdivisions may be protected.

2. Notwithstanding any other provisions of this Constitution, the General Assembly of the State of Georgia may by law require the State and State agencies and institutions, and counties, municipalities, school districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities created under this Constitu tion or the laws of this State; (i) to provide relocation assistance and payments to persons displaced by public projects or programs under taken or sponsored by the foregoing public entities, including without limitation, all of those relocation assistances and payments as are, by Section 210 of that certain Act of Congress of the United States of America known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 91st Congress, approved January 2, 1971), required to be made or furnished to such displaced persons by such public entities in order that federal financial assistance can be made available to such public entities with respect to the public projects or programs causing such displacements, and (ii) to establish and implement acquisition policies and practices and provide for the payment or reimbursement of necessary expenses of persons whole properties are acquired in connection with the acquisition of real property for public projects or programs, such policies, practices, pay ments and reimbursements to include, without limitation, those real property acquisition policies, practices, payments and reimbursements which Section 305 of said Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970' requires that the foregoing public entities establish and implement or pay and reimburse, as the case may be, in acquiring real property for a public project or program

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in order that federal financial assistance can be made available to such public entities with respect to such projects or programs. The providing of all of such relocation assistances and payments and, in connection with the acquisition of real property for public projects or programs, the establishing of all of such policies and practices and the paying or re imbursing of all of such necessary expenses, are declared to be neces sary, among other reasons, in order to avoid the loss of large sums of money which will otherwise be made available to the foregoing public entities as financial assistance by the United States of America and shall constitute governmental functions undertaken for public pur poses, and the powers of taxation may be exercised and public funds expended in furtherance thereof.

Paragraph II. Tidewater Titles Confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of owner ship of lands abutting on tidal water to low water mark is hereby ratified and confirmed.

ARTICLE II. ELECTIVE FRANCHISE

SECTION I. QUALIFICATIONS AND DISABILITIES OF ELECTORS

Paragraph I. Elections by Ballot; Registration of Voters. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the require ments of law.

Paragraph II. Who Shall Be An Elector Entitled to Register and Vote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State.

Paragraph III. Qualifications of Electors. Every citizen of this State shall be entitled to register as an elector, and to vote in all elec tions in said State, who is not disqualified under the provisions of Para graph I of Section II of this Article, and who possesses the qualifications prescribed in Paragraph II of Sections I and II of this Article or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph.

1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or,

2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and

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correctly write the same in the English language when read to them by any of the registrars, and all persons who solely because of physical dis ability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any of the registrars.

SECTION II.
REGISTRATION REQUIREMENTS AND APPEALS
Paragraph I. Registration of Electors; Who Disfranchised. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzle ment of public funds, malfeasance in office, bribery or larcency, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons.
Paragraph II. Residence Requirements to Register and Vote. The General Assembly shall provide by law for the durational residence re quirements necessary to register and vote at any election by the people except that no person shall be entitled to register and vote unless he shall have resided in the State at least thirty (30) days immediately preceding the election at which he seeks to vote.
Paragraph III. Appeal From Decision of Registrars. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph III of Section I of this Article shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals.
Paragraph IV. Judgment of Force Pending Appeal. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.

SECTION III. GENERAL PROVISIONS
Paragraph I. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.
Paragraph II. Holder of Public Funds. No person who is the hold-

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er of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury.

Paragraph III. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general election of county of ficers, to the Judge of the Probate Court of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligi bility to hold office in this State.

Paragraph IV. Returns Made to Whom. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.

Paragraph V. Sale of Liquors on Election Days. The General As sembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punish ment for any violation of the same.

ARTICLE III. LEGISLATIVE BRANCH

SECTION I.
LEGISLATIVE POWER, WHERE VESTED
Paragraph I. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives.

SECTION II.
SENATORIAL DISTRICTS
Paragraph I. Apportionment of Senate. The Senate shall consist of not less than fifty-four and not more than fifty-six members. Each Senator shall be elected from and represent one Senatorial District. The General Assembly may create, rearrange and change Senatorial Districts as it deems proper. The apportionment of the Senate shall be changed by the General Assembly, if necessary, after each United States decen nial census becomes official.

Paragraph II. Qualifications of Senators. The Senators shall be citizens of the United States, who have attained the age of twenty-five

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years, and who shall have been citizens of this State for four years, and for one year residents of the districts from which elected.

SECTION III. REPRESENTATIVE DISTRICTS

Paragraph I. Apportionment of the House of Representatives. The House of Representatives shall consist of representatives apportioned among the Representative Districts of the State. The General Assembly may create, rearrange and change Representative Districts as it deems proper. The apportionment of the House of Representatives shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official.

Paragraph II. Qualifications of Representatives. The Representa tives shall be citizens of the United States who have attained the age of twenty-one years and who shall have been citizens of this State for two years, and for one year residents of the districts from which elected.

SECTION IV. OFFICERS OF THE GENERAL ASSEMBLY

Paragraph I. President. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succes sion to the executive power.

Paragraph II. Speaker. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representa tives, and shall be elected viva voce from the Representatives. A Speaker Pro Tempore shall be elected viva voce from the Representatives and shall act in case of the death, resignation or disability of the Speaker, or in the event of his succession to the executive power.

Paragraph III. Officers of the Two Houses. The officers of the
two houses, other than the President of the Senate and the Speaker of the House, shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Repre sentatives, and such assistants as each House may provide for.

SECTION V.
GENERAL ASSEMBLY; ORGANIZATION AND PROCEDURE
Paragraph I. Term of Members. The members of the General As sembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office.

Paragraph II. Election, When. The first election for members of the General Assembly, under this Constitution shall take place on

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Tuesday after the first Monday in November, 1978, and subsequent elections biennially, on that day, until the day of election is changed by law.

Paragraph III. Meeting; time limit; adjournment. The General Assembly shall meet in regular session on the second Monday in January of each year for no longer than twelve days to receive the proposed General Appropriations Bill, and to attend to other matters, and re convene on the second Monday in February of each year for no longer than thirty-three days. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. By concurrent resolution adopted by a majority of the 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 reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate each year. 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 ses sion, 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 House of Representatives as provided in Article V, Section II, Paragraph III of this Constitution. If any im peachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed.

Paragraph IV. Oath of Members. Each Senator and Representative, before taking his seat shall take the following oath, or affirmative, towit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State."

Paragraph V. Quorum. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each House may provide.
Paragraph VI. Adjournment. Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two houses on a question of adjournment, the Governor may adjourn either, or both of them.
Paragraph VII. Eligibility; Appointments Forbidden. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the

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time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term.

Paragraph VIII. Removal From District, Effect of. The seat of a member of either house shall be vacated on his removal from the district from which he was elected.

Paragraph IX. Compensation and Allowances. The compensation and allowances of the members of the General Assembly shall be as provided by law.

Paragraph X. Election, Returns, Etc.; Disorderly Conduct. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly ber havior, or misconduct, by censure, fine, imprisonment, or expulsion; but no members shall be expelled, except by a vote of two-thirds of the House to which he belongs.

Paragraph XL Contempts, How Punished. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly be havior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.

Paragraph XII. Privilege of Members. The members of both Houses shall be free from arrest during their attendance on the General As sembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either
House.

Paragraph XIII. Viva Voce Vote; Place of Meeting. All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results.

SECTION VI.
IMPEACHMENTS
Paragraph I. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against all per sons who shall have been or may be in office.
Paragraph II. Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice

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be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members present.

Paragraph III. Judgments in Impeachments. Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.

SECTION VII. ENACTMENT OF LAWS

Paragraph I. Journals and Acts. Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session.

Paragraph II. Where Journals Kept. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.

Paragraph III. Bills to Be Read. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed.

Paragraph IV. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter, or contains matter dif ferent from what is expressed in the title thereof.

Paragraph V. Yeas and Nays, When Taken. The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal.

Paragraph VI. Yeas and Nays to Be Entered, When. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
Paragraph VII. Majority of Members to Pass Bill. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal.
Paragraph VIII. Bills For Revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.
Paragraph IX. Notice of Intention to Ask Local Legislation Neces sary. No local or special bill shall be passed, unless notice of the inten-

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tion to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are pub lished, once a week for three weeks during a period of sixty days im mediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or ac companied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide.

Paragraph X. Acts Signed; Rejected Bills. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
Paragraph XI. Signature of Governor. No provision in this Con stitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Gov ernor as in any other case, except in the case of the two-thirds vote re quired to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly.
Paragraph XII. Statutes and Sections of Code, How Amended. No law, or Section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the Section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.
SECTION VIII.
GENERAL ASSEMBLY; EXERCISE OF POWERS
Paragraph I. Powers of the General Assembly. The General As sembly shall have the power to make all laws consistent with this Con stitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
Paragraph II. Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged, nor so construed as to pre vent the General Assembly from taking property and franchises, and subjecting them to public use.

Paragraph III. Police Power. The exercise of the police power of the state shall never be abridged, nor so construed as to permit the con-

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duct of business in such manner as to infringe the equal rights of others, or the general well-being of the State.

Paragraph IV. Compensation and Allowances of Elective Officials; How Changed. The General Assembly may, at any time, provide by law other and different compensation or allowances for all of the elective officers provided for in this Constitution.

Paragraph V. Corporate Powers, How Granted. The General As sembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be ex ercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State shall be disqualified to act in any case, then in that event the legislature shall provide by general law by what person such charter shall be granted.

Paragraph VI. Charters Revived or Amended Subject to Con stitution. The General Assembly shall not remit the forfeiture of the charter of any corporation existing at the time the Constitution of 1945 became effecive, nor alter or amend the same, nor pass any other gen eral or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution.

Paragraph VII. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.

Paragraph VIII. Contracts to Defeat Competition. All contracts and agreements, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement. The General As sembly shall enforce the provisions of this Paragraph by appropriate legislation.

Paragraph IX. Public Utility Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust dis criminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby con ferred upon the General Assembly, whose duty it shall be to pass laws

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from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and au thority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Con stitution.

Paragraph X. Rebates. No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight for passage or services furnished, any such pay ments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties.
Paragraph XI. Street Railways. The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Cor porate Authorities.

Paragraph XII. Gratuities; Exceptions.

1. Except as provided in this Constitution the General Assembly shall not by vote, resolution, or order, grant any donation or gratuity in favor of any person, corporation or association.

2. The General Assembly shall not grant or authorize extra com pensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.

3. The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the Commissioner of Natural Resources. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equip ment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor.
t
4. The General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant.

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5. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the in demnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implement ing any law as authorized by this paragraph.

6. Notwithstanding any other provisions of this Constitution, the Department of Community Development, in order to make Georgia competitive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expendi tures were made. The State Auditor shall conduct an audit of such expenditures at least every six months.

SECTION IX. INSURANCE REGULATION

Paragraph I. General Assembly to Enact Laws for People's Protec tion, Etc. The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Director, Fiscal Division, Department of Administra tive Services, of this State or such othei* officer as may be designated by law, to secure the people against loss by the operations of said
companies.

Paragraph II. Reports By Insurance Companies. The General As sembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people.

Paragraph III. Nonresident Insurance Companies. All life insur ance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized 'to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders.

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Paragraph IV. License by Comptroller General. When such show ing is made to the Comptroller General of the State of Georgia by a
proper certificate from the State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is autho rized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law.

Paragraph V. Resident Insurance Companies; Guarantee Fund. All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a. guaran tee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said de partment at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company.

SECTION X. APPROPRIATIONS

Paragraph I. Public Money, How Drawn. No money shall be drawn from the treasury except by appropriation made by law.

Paragraph II. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house, are recorded.

Paragraph III. Preparation, submission and enactments of General Appropriations Bill, (a) The Governor shall submit to the General As sembly within five days after its convening in regular session each year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be pre scribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the next fiscal year.

(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following.

(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.
Paragraph IV. General Appropriations Bill. The General Ap propriations Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and

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Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.

Paragraph V. General Appropriations Act. (a) Each General Ap propriations Act, now of force or hereafter adopted with such amend ments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants.

(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph VI of this Section of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved.

(c) All appropriated funds, except for the mandatory appropria tions required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse.

(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.

(e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article IX, Section VI, Paragraph I (a), which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment to Article VII, Section IX, Para graph II of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract.

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Paragraph VI. Other or Supplementary Appropriations. In ad dition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary ap propriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriations Act shall have been finally adopted by both Houses and approved by the Governor.

Paragraph VII. Appropriations to be for Specific Sums, (a) Ex cept as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part or percentage thereof.

(b) An amount equal to all money derived from motor fuel taxes received by the State in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and main taining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties by law authorizing road construction and main tenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor.

Paragraph VIII. Appropriations Void, When. Any appropriation made in conflict with either of the foregoing provisions shall be void.

SECTION XI. MILITIA

Paragraph I. Organization of Militia. A well regulated militia being essential to the peace and security of the State, the General

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Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist.

Paragraph II. Volunteers. The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equipment the same.

Paragraph III. Pay of Militia and Volunteers. The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State.

Paragraph IV. Discipline of the Militia. When not in Federal service the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Not withstanding any other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the Militia, for the initia tion of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia.

SECTION XII.
EMERGENCY POWERS
Paragraph I. Emergency Powers of the General Assembly. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disas ters caused by enemy attack, shall have the power and the immediate duty:

(1) To provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become un available for carrying on the powers and duties of such offices during such emergency; and

(2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.

Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia.

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ARTICLE IV. CONSTITUTIONAL BOARDS AND COMMISSIONS

SECTION I. PUBLIC SERVICE COMMISSION

Paragraph I. Public Service Commission as Constitutional Officers, There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties as provided by law. 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 Constitution shall consist of the commissioners in office on the effective date of this Constitution and they shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power an duties of members of the Commission, in cluding the chairman, shall be as provided by law.

SECTION II. STATE BOARD OF PARDONS AND PAROLES

Paragraph I. State Board of Pardons and Paroles. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. Until changed by the General Assembly, the Board shall consist of five members. The members in office on the effec tive date of this Constitution shall serve out the remainder of their re spective terms. Additional members of the Board, if added by the General Assembly, and the successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall serve on the Board for a period of seven years. Any member of the Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by the judgment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentence granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission

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of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph.

SECTION III.
STATE BOARD OF CORRECTIONS
Paragraph I. State Board of Corrections; How Composed, Director. There shall be a State Board of Corrections composed of five members in charge of the State Penal System. The Board shall have such jurisdiction, powers, duties and control of the State Penal System and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the consent of the Senate. The members in office on the effective date of this Constitution shall serve out the remainder of their respec tive terms and their successors shall be appointed for terms of five years each. The compensation of the Director and members of the Board shall be fixed by law.

SECTION IV.
BOARD OF NATURAL RESOURCES
Paragraph I. Creation; Membership; Appointment; Terms of Of fice; Powers and Duties; Compensation. There shall be a Board of Natural Resources. Said Board of Natural Resources shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden; and four members from the State at Large. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments of members of the Board of Natural Resources shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term, except in case of an unexpired term. Insofar as it is practicable, the members of the Board shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment by the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment.

The Board of Natural Resources shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly.

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SECTION V. VETERANS SERVICE BOARD

Paragraph I. Veterans Service Board; How Composed; Director. There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged.

The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment by the Governor.

SECTION VI.
STATE PERSONNEL BOARD
Paragraph I. State Personnel Board. A non-salaried State Person nel Board comprised of three citizens of this State, of known interest in the improvement of public administration, shall administer a State Merit System under which State personnel shall be selected on a basis of merit, fitness, and efficiency according to law. The members of the State Personnel Board shall be appointed by the Governor with the advice of the Senate. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. All subsequent appointments shall be for a period of seven years, except unexpired terms. No State official or employee shall be a member of the State Personnel Board.

Paragraph II. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a 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 was honorably discharged therefrom, shall be given such veterans preference in any civil service program estab lished in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly.

Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof:

(a) Such veteran who has at least a ten per centum service con nected disability as rated and certified by the Veterans Administration

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shall be entitled to and shall have ten points added to his passing score on such examination; and

(b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination.

SECTION VII. BOARD OP COMMUNITY DEVELOPMENT

Paragraph I. Board of Community Development. There shall be a Department of Community Development. Wherever the words "De partment of Industry and Trade" were used heretofore in any statute they shall be held and taken to mean the Department of Community Development. There shall be a Board of Community Development. Wherever the words "Board of Commissioners of the Department of Industry and Trade" were used heretofore in any statute they shall be held and taken to mean the Board of Community Development. The Board shall be composed of twenty members, two from each Congres sional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of an appoint ment to fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all suc cessors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. In making appointments to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department.

Paragraph II. Powers. In addition to such powers and duties as may from time to time be conferred upon the Board of Community Development and the Department of Community Development, the Board of Community Development shall be authorized to participate with any county, municipality, non-profit organization, or any combina tion thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitution to the
contrary.

SECTION VIII. STATE TRANSPORTATION BOARD

Paragraph I. State Transportation Board Created. There shall be a State Transportation Board, composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such Con-

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gressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. The successors to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pur suant to the provisions of law enacted or as may hereafter be enacted to implement this Paragraph. The State Transportation Board shall elect a Commissioner of Transportation, who shall be the Chief Execu tive Officer of the Department of Transportation. The General Assembly shall define by law the powers, duties, qualifications and compensation of the Board and of the Commissioner, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein.

Paragraph II. Compliance with Federal Law. In order to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S. 2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the "Control of Outdoor Advertising" on the Interstate or Primary Sys tems of Federal-Aid Highways; provided for bonus payments to the States complying with such public law, and also provided penalties for non-compliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the "Control of Junk Yards", on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a "Landscaping and Scenic Enhancement", and which amendment and revision of said Section provided for a bonus of 3 percent of Federal funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; and, in order to promote the reasonable, orderly, and effective display of Outdoor Advertising, in accordance with the pro visions of said described Act of Congress of the United States, and consistent with the purposes of this provision of the Constitution, the State of Georgia, acting by and through the Department of Transporta tion, is hereby authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any billboards or other outdoor adver tising which may exist upon such property on November 7, 1972, and within a distance of 660 feet of the nearest edge of the right-of-way line of any State-Aid highway, which is a part of the Interstate or Primary System of Federal-Aid Highways,--provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on September 1, 1965, the owner of such advertising sign, display, or device shall not be required to re move the same until July 1, 1970; and, as to such described sign, the provision of this Paragraph shall not become effective until said date of July 1, 1970, except that the State may acquire the right to remove the same by voluntary negotiation with the owner thereof.

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The State, acting by and through the Department of Transportation, shall be further authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon payment of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-Aid road, which is a part of the Federal Interstate or Primary Systems of Highways, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State Transportation Board is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law;--provided, however, that any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Commissioner of the Department of Transportation finds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with subparagraph (h) of Title II of said Public Laws, the owner of such described junk yard shall not be required to remove the same until July 1, 1970; and the provisions of this Paragraph, under such described circumstances, shall not be applicable except that the Department of Transportation shall be authorized to acquire the right to remove said junk yard, or to screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with the further exception that where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to ap prove the continued maintenance of such junk yard until July 1, 1970, the provisions of this Paragraph shall become immediately applicable upon a proper certificate being made and entered by the Commissioner of the Department of Transportation, showing the fact of such refusal.

The necessity for such acquisition, as set forth in the preceding paragraphs of this Section, as a part of that portion of the State-Aid System of Public Roads, which are also a part of the Federal Interstate or Primary System, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the State in the construction and maintenance of such Road System by the United States Government.

The General Assembly shall have full authority to zone property within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-Aid Road, which is also a part of the Federal Inter state System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, removal, or control of junk yards; and to provide for rules and regulations governing both advertising and junk yards; all in conformance to and in compliance with the provisions of said Public
Law of the United States Congress.

The General Assembly shall have full authority to enact such legislation as will enable this State, acting by and through the Depart ment of Transportation, to fully comply with Title ITI of said described Public Law, and in respect to "Landscaping and Scenic Enhancement"; and in such manner as to enable this State to take advantage of the

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bonus payment to the State from the Federal Government, as provided for in said Title.

Paragraph III. Construction of Statutes. Wherever the words "State Highway Board" were used heretofore in any statute, they shall be held and taken to mean the State Transportation Board. Wherever the word "Director" was used heretofore in connection with the Depart ment of Transportation or State Highway Department in any statute, it shall be held and taken to mean Commissioner of Transportation. Wherever the words "State Highway Department" or "State HighwayDepartment of Georgia" were used heretofore in any statute, they shall be held and taken to mean the Department of Transportation.

ARTICLE V. EXECUTIVE BRANCH

SECTION I. ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR

Paragraph I. Governor; Term of Office; Compensation and Allowances. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of the term of office. The compensation and allowances of the Governor shall be as provided by law. During his term of office he shall not receive any other emolument from the United States, or either of them, or from any foreign power.

Paragraph II. Election for Governor. The first election for Gover nor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1978, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.

Paragraph III. Transmission, Canvassing and Publishing Election Returns. The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected

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1975

Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.

Paragraph IV. Run-off Election. In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall con tinue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State.

Paragraph V. General Assembly may Provide Additional Pro cedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs III and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein.

Paragraph VI. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate. The compensation and allowances of the Lieutenant Governor shall be as provided by law.

Paragraph VII. Qualifications of Governor and Lieutenant Gover nor. No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years immediately preceding his election, and who shall not have attained the age of thirty years when he assumes office.

Paragraph VIII. Succession to Executive Power. In case of the death, resignation, or disability of the Governor or the Governor-Elect, the Lieutenant Governor or the Lieutenant Governor-Elect upon be coming the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general elec tion, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the

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Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the un expired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power.

Paragraph IX. Oath of Office. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will faith fully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America."

SECTION II. DUTIES AND POWERS OF GOVERNOR

Paragraph I. Commander-in-Chief. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof.

Paragraph II. Reprieves and Pardons. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinbefore provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace through
out the State.

Paragraph III. Writs of Election; Called Sessions of the General Assembly. The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information on the state of the State, and recommend for its consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except

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such as shall relate to the object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Gov ernment in which event the General Assembly will be authorized to re main in session until such trial shall have been completed.

Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certifi cate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self con vened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed.

The members of the General Assembly shall receive the same com pensation and allowances during such extraordinary session as provided by law during a regular session.

Paragraph IV. Filling Vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is com missioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.

Paragraph V. Appointments Rejected. A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter.

Paragraph VI. Governor's veto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each House may pass a law not withstanding his veto; and if any bill shall not be returned by the Governor within five days (Sundays excepted) after it has been pre sented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall become a law. He may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.

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Whenever such bill has been vetoed by the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly in which it originated, together with a list of reasons, if any, for such veto. Such transmission shall be made within thirty-five days (Sundays excepted) from the date of the adjournment of the Session of the General Assembly at which such bill was passed. Such bill may be considered by the Branch of the General Assembly in which it originated at any time within the first ten days of the next regular Session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of or the Clerk of such Branch of the General Assembly to the other Branch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of the General Assembly upon receiving such bill to dispense with all business that is then being con sidered and to then and there consider and act upon such bill for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly such bill shall become law. In the event either Branch of the General Assembly should fail to override the Governor's action on a bill, such bill shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant to the terms of this paragraph, the effective date of such bill shall be on the date that such bill was acted upon by the Branch of the General As sembly last acting upon such bill.

Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which the Governor is elected, shall not be subject to be overriden by the next regular ses sion of the General Assembly.

Paragraph VII. Governor to Approve Resolutions, Etc. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his dis approval of any proposal made by the General Assembly to amend this Constitution or to provide for a new Constitution.

Paragraph VIII. Information From Officers and Employees; Sus pension of Officers. The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices of employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appoint ment of a suitable person to discharge the duties of the same.

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1979

SECTION III. OTHER ELECTED EXECUTIVE OFFICERS

Paragraph I. Executive Officers, How Elected. The Secretary of State, Attorney General, State School Superintendent, Comptroller Gen eral, Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the above-named offices, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of office.

Paragraph II. Duties, Authority, and Compensation and Allow ances of Other Executive Officers. The General Assembly shall have power to prescribe the duties, authority, and compensation and allow ances of the executive officers, and to provide help and expenses neces sary for the operation of the department of each.

Paragraph III. Profit From Use of Public Money. No State of ficial shall be allowed, directly or indirectly, to receive any fee, interest or reward from any person, bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the General Assembly shall en force this provision by suitable penalties.

Paragraph IV. Qualifications. No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superin tendent, Comptroller General, Commissioner of Agriculture, or Com missioner of Labor, unless he shall have been a citizen of the United States for ten years, shall have resided in this State for six years next preceding his election, and shall be at least twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed by law, for the faithful discharge of their duties.

Paragraph V. Fees and Perquisites Denied. No State official named in Paragraph I of this Section shall be allowed any fee, perquisite or compensation other than his compensation and allowances as pre scribed by law, except his necessary expenses when absent from the seat of government on business for the State.
Paragraph VI. Great Seal; What Constitutes; Custody; When Affixed to Instruments. The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General

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Assembly, and that now in use shall be the great seal of the State until otherwise provided by law.

ARTICLE VI. JUDICIARY

SECTION I. COURTS ENUMERATED

Paragraph I. Courts Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Probate Courts, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law.

Paragraph II. Unified Judicial System. For the purposes of ad ministration, all of the courts of the State shall be a part of one unified judicial system. The administration of the unified judicial system shall be as provided by law. As used herein, administration does not include abolition or creation of courts, selection of judges, or jurisdictional pro visions other than as otherwise authorized in this Constitution. The administration provided herein shall only be performed by the unified judicial system itself and shall not be administered to or controlled by any other department of Government.

SECTION II. SUPREME COURT AND COURT OF APPEALS

Paragraph I. Supreme Court Justices; Quorum. The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their members as Chief Justice and one as Presiding Justice. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative of ficer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall constitute a quorum.

Paragraph II. Court to Designate Judges to Preside, When. When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification, select seven judges of the Superior Courts to preside in the case, but they shall make such selections by lot and in open court from not less than twelve names of such Superior Court judges.

Paragraph III. Terms of Office. The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly. In case of any vacancy which

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causes an unexpired term, the same shall be filled by executive appoint ment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. 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 accord ingly.

Paragraph IV. Jurisdiction of Supreme Court. The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, as existed on August 16, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of con viction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the deter mination of cases.

Paragraph V. Cases, How Disposed Of. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term for which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in trans mission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom.

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Paragraph VI. Judgments May Be Withheld. In any case the Supreme Court or the Court of Appeals may in its discretion withhold it judgment until the next term after the same is argued.

Paragraph VII. The Supreme. Court; How Cases To Be Heard and Determined. The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be pre scribed by it.

Paragraph VIII. Court of Appeals. The Court of Appeals shall consist of not less than three Judges, and of such additional Judges as the General Assembly shall from time to time prescribe. The terms of the Judges of the Court of Appeals shall be for six years and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may now or here after be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent pro ceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court has or may hereafter prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carry ing cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this

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Constitution or by the laws as to the Court of Appeals on the effective date of this Constitution, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly.

In the event of an equal division of judges on any case when the Court is sitting as a body, the case shall be immediately transferred to the Supreme Court.

Paragraph IX. Appeals from the Juvenile Court. The Supreme Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications rendered by any juvenile court, and, it shall further be the duty of the District Attorney of the judicial circuit within which the juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be provided by law, but in any case, the Juvenile Judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evi dence, in cases where such is required.

SECTION III.
SUPERIOR COURTS
Paragraph I. Terms, Etc., of Superior Court Judges. There shall be not less than one judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his suc cessor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce the number of judges in any judicial circuit.

Notwithstanding the provision of this Section providing for a term of four years for judges of the superior courts and notwithstanding any other provision of this Constitution, the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit shall be for eight years and until his successor is qualified.

Paragraph II. Elections, When to Be Held. The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, at the general election

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held for such members, next preceding the expiration of their respective terms.

Paragraph III. Terms Begin, When. The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy oc casioned by death, resignation, or other causes shall be filled by ap pointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
SECTION IV.
JURISDICTION
Paragraph I. Exclusive Jurisdiction Except in Juvenile Cases. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life or confine ment in the penitentiary, except in the case of juvenile offenders as pro vided by law; in cases respecting titles to land; and equity cases.
Paragraph II. Equity May Be Merged in Common Law Courts. The General Assembly may confer upon the courts of common law all the powers heretofore exercised by courts of equity in this State.
Paragraph III. General Jurisdiction. Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided.
Paragraph IV. Appellate Jurisdiction. They shall have appellate jurisdiction in all cases as may be provided by law.
Paragraph V. Certiorari, Mandamus, Etc. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said Courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law.

Paragraph VI. New Trials. The Superior, State and City Courts may grant new trials on legal grounds.

Paragraph VII. Judgment of the Court. The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party.

Paragraph VIII. Sessions. The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reason able notice to the parties, at any time, in vacation, at chambers, hear

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and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.

Paragraph IX. Presiding Judge Disqualified. The General As sembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified.

Paragraph X. Judges of Superior, State and City Courts May Alternate, When. In any county within which there is, or hereafter may be, a City Court or a State Court the Judge of such a Court, and the Judge of the Superior Court may preside in the Courts of each other in cases where the judge of either Court is disqualified to preside.

SECTION V.
STATE COURT OF CLAIMS
Paragraph I. State Court of Claims: jurisdiction; appeals. The General Assembly is hereby authorized to create and establish a State Court of Claims with jurisdiction to try and dispose of cases involving claims for injury or damage, except the taking of private property for public purposes, against the State of Georgia, its agencies or political subdivisions, as the General Assembly may provide by law. Notwithstanding any other provision of this Constitution, the General Assembly may provide for exclusive jurisdiction over such cases in the State Court of Claims, provide for trial of such cases without a jury, and prescribe the place and manner in which such cases may be brought and tried. The Supreme Court and the Court of Appeals shall have original jurisdiction to try and correct errors of law from such State Court of Claims according to the method of appeal to said courts now provided for or as may hereafter be provided by law. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of may waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is now or may here after be provided by act of the General Assembly.

SECTION VI.
PROBATE COURT
Paragraph I. Probate Court; Judge of Probate Court; Appeals. The powers of a court of probate shall be vested in the Probate Court and the Judge of the Probate Court for each county, from whose decisions there may be an appeal, or by consent of the parties, without a decision, to the Superior Court under regulations prescribed by law.

Paragraph II. Powers, (a) The Probate Courts shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law.

(b) The Probate Courts shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases

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arising under the traffic laws of the State, and in all cases arising under the Compulsory School Attendance Law in all counties of this State in which there is no State court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offenses arising under the traffic laws of the State within their respective jurisdictions.

Paragraph III. Term of Office. The Judge of the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified.

Paragraph IV. Construction. Wherever the words "Ordinary", or "Ordinaries" or the words "Court of Ordinary" or "Courts of Ordinary" appear in any statutes of this State, and such words refer to the county officer heretofore known and designated as the Ordinary or the court heretofore known and designated as the Court of Ordinary, such words are hereby stricken and the words "Judge of the Probate Court" or "Judges of the Probate Courts" or the words "Probate Court" or "Probate Courts," respectively, are hereby inserted in lieu of such stricken words. The changing of the name of the Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively, shall not affect the status of any matter pending before any such officer or any such court on January 1, 1975, and any such matter may be continued or disposed of by the Judge of the Probate Court or by the Probate Court, as the case may be.

SECTION VII.
JUSTICES OF THE PEACE
Paragraph I. Number and Term of Office. Unless it has been otherwise provided by the General Assembly, there shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace together with such additional jurisdiction, either as to amount or subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or au thorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General

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Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Pulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrent ly with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia.

Paragraph II. Jurisdiction. Justices of the peace shall have jurisdic tion in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places 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.

Paragraph III. Elections and Commissions. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office.

SECTION VIII.
NOTARIES PUBLIC
Paragraph I. Appointment; Number; Term; Removal. Commis sioned notaries public, not to exceed one for each militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office.
SECTION IX.
UNIFORMITY OF COURTS
Paragraph I. Uniformity Provided For. Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and

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practice of all courts or officers invested with judicial powers (except State Courts and City Courts) of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly, and in case of State Courts and City Courts, may be established by the General Assembly.

SECTION X. ATTORNEY GENERAL

Paragraph I. Election; term of office. There shall be an Attorney General of this State, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor.

Paragraph II. Duties. It shall be the duty of the Attorney General to act as the legal advisor of the Executive Department, to respresent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law.

SECTION XI.
DISTRICT ATTORNEYS
Paragraph I. Number; term of office; vacancies. There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the district attorney is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

Paragraph II. Duties. It shall be the duty of the district at torney to represent the State in all cases in the superior court of his circuit and in all cases taken up from the superior courts of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law.

Paragraph III. Construction. Wherever the words "solicitor gen eral" were used heretofore in any statute, when such words were used to refer to the office of the district attorney provided for in this Section, they shall be held and taken to mean the district attorney.

SECTION XII. SALARIES OF JUSTICES, JUDGES, AND DISTRICT ATTORNEYS
Paragraph I. Compensation and Allowances of Justices, Judges and District Attorneys. The Justices of the Supreme Court, the Judges

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1989

of the Court of Appeals, the Judges of the Superior Courts, and the District Attorneys shall receive such compensation and allowances as provided by law. The General Assembly may authorize any county to supplement the compensation and allowances of a judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies out of county funds: Provided, however, where such com pensation and allowances are, on the effective date of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly; Provided, further, that the Board of County Commissioners of Richmond County, or the Judge of the Probate Court, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury the compensation and al lowances of the Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand ($2,000) Dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said County, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such compensation and allowances from the County treasury as above provided.

Paragraph II. Power to Abolish or Reinstate Fees of District At torney. The General Assembly shall have power, at any time, by law, to abolish the fees accruing to the office of district attorney in any particular judicial circuit, and in lieu thereof to prescribe compensa tion and allowances for such office, without regard to the uniformity of such compensation or allowances in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of district attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such compensation and allowances and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the district attorney was elected.

SECTION XIII. QUALIFICATIONS OF JUSTICES, JUDGES, ETC.

Paragraph I. Age; Citizenship; Practice of Law. No person shall be a Justice of the Supreme Court, a Judge of the Court of Appeals, or a Judge of Superior Courts, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years. No person shall be Attorney General unless at the time of his election he shall have attained the age of twenty-five years, and shall have been a citizen of the State for six years next preceding his election, and have practiced law for seven years. No person shall be a district attorney, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and
shall have practice law for three years next preceding his election.

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Paragraph II. Emeritus Justices and Judges; Preside. Chief Justices Emeritus and Justices Emeritus of the Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service.
Paragraph III. Discipline, Removal, and Involuntary Retirement, (a) Judicial Qualifications Commission. There shall be a Judicial Qualifications Commission. It shall consist of seven members, as follows: (i) two judges of any court of record, each selected by the Supreme Court; (ii) three members of the State Bar, who shall have practiced law in this State for at least ten years and who shall be elected by the Board of Governors of the State Bar; and (iii) two citizens, neither of whom shall be a member of the State Bar, who shall be appointed by the Governor. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are elected or appointed and have qualified. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. Whenever any member ceases to hold the office or to possess the qualifications which entitled him to be appointed a member, his member ship shall terminate, and the appointing authority shall select his suc cessor for the unexpired term. No member of the Commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging incurred in the per formance of his duties. No member of the Commission except the Judges shall hold any other public office or be eligible for appointment to a State judicial office so long as he is a member of the Commission. No member shall hold office in any political party or organization. No act of the Commission shall be valid unless concurred in by a majority of its members. The Commission shall select one of its members to serve as chairman.

(b) Procedure and Grounds. A justice or judge of any court of this State, in accordance with the procedure prescribed in this Para graph, may be removed or otherwise disciplined for willful misconduct
in office, or willful and persistent failure to perform his duties, or habitual intemperance; or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or he may be retired for disability seriously interfering with the performance of his duties, which is, or is likely to become, of a permanent character. The Commission may, after such investigation as it deems necessary, order a hearing to be held before it concerning the removal or retirement of a justice or a judge, or the Commission may in its discretion request the Supreme Court to appoint a special master to hear and take evidence in the matter and to report thereon to the Commission. If, after hearing, or after considering the record and report of the master, the Commission finds good cause therefor, it shall recommend to the Supreme Court the removal, other discipline, or retirement, as the case may be, of the justice or judge.

The Supreme Court shall review the record of the proceedings on the law and facts, and in its discretion may permit the introduction of

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additional evidence and shall order removal, other discipline, or retire ment, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his compensation and allowances shall cease from the date of the order.

The Supreme Court shall prescribe rules governing privilege, confidentiality, and practice and procedure in all proceedings brought hereunder. A justice or judge who is a member of the Commission or Supreme Court shall not participate in any proceedings involving his own removal, other discipline or retirement.

SECTION XIV. VENUE

Paragraph I. Divorce Case. Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation.

Paragraph II. Land Titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction.

Paragraph III. Equity Cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.

Paragraph IV. Suits Against Joint Obligors, Co-partners, Etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county.

Paragraph V. Suits Against Maker, Endorser, Etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.

Paragraph VI. All Other Cases. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county.

Paragraph VII. Power to Change Venue. The power to change the venue in civil and criminal cases shall be vested in the Superior

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JOURNAL OF THE SENATE,

Courts to be exercised in such manner as has been, or shall be, provided by law.

SECTION XV. JURY TRIAL

Paragraph I. Right of Trial By Jury. The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court.

Paragraph II. Selection of Jurors. The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be com petent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe.

Paragraph III. Compensation of Jurors. It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State.

SECTION XVI.
WHAT COURTS MAY BE ABOLISHED
Paragraph I. Power to Abolish Courts. All courts not specially mentioned by name in the first Section of this Article may be abolished in any county at the discretion of the General Assembly.
Paragraph II. Supreme Court Cost; Pauper Oath. The cost in the Supreme Court and Court of Appeals shall be as provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below.

ARTICLE VII.
TAXATION
SECTION I.
POWER OF TAXATION
Paragraph I. Taxation, a Sovereign Right. The right of taxation is a sovereign right--inalienable, indestructible--is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes,

MONDAY, MARCH 1, 1976

1993

shall be, and are hereby,, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly.

The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.

Paragraph II. Taxing Power Limited. The levy of taxes on prop erty for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defend ing the State in time of war, shall not exceed one-fourth (%) mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof.

Paragraph III. Uniformity; Classification of Property. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property includ ing money for taxation, and to adopt different rates and different method for different classes of such property.

Notwithstanding anything to the contrary contained in this Para graph, the General Assembly shall be authorized to enact legislation treating any and all motor vehicles, including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles.
The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities, but not a greater basis of value or at a higher rate of taxation than other properties.

Paragraph IV. Exemptions From Taxation. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, in-

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JOURNAL OF THE SENATE,

corporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation farm products, including baled cotton, grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production.
The General Assembly is hereby authorized to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home, if not held for sale, rental or other commercial use, shall be exempt from all ad valorem taxation. The General Assembly is further authorized to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.
The homestead of each resident of Georgia 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 $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.
There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing

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1995

business in this State, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary.

The legislature may exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan if such trust is exempt from Federal income tax under Section 401 (a) of the Federal Internal Revenue Code. Existing" laws exempting such property from taxation are hereby ratified.

Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead, which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term "disabled veteran," as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair.

Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter pro vided, does not exceed $4,000.00 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 disability 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 para graph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether

1996

JOURNAL OF THE SENATE,

such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemp tion provided for herein shall apply to all taxable years beginning after December 31, 1974.

The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be in stalled or constructed for the primary purpose of eliminating or reduc ing air or water pollution. The General Assembly is further authorized to provide for the manner in which such exemptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate State agency or organization to which the General Assembly shall be authorized to delegate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph.

The exemptions 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. In such instances, such exemp tions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemptions granted by this Paragraph in the manner herein
provided.

The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations.

Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption from all ad valorem taxes on the vehicle which he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The term "disabled veteran", as

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1997

used herein, means any veteran who was discharged under other than dishonorable conditions, and who served on active duty of the Armed Forces of the United States or on active duty in a reserve component of the United States including the National Guard, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for:

(1) Loss or permanent loss of use of one or both feet;
(2) Loss or permanent loss of use of one or both hands;
(3) Loss of sight in one or both eyes;
(4) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye.

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 by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemp tion 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 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 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 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 manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.
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

1998

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sources, including the income of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law 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 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 re ceiving 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 Re ceiver or Tax Commissioner 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 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 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 qualification provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.

In order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-toharvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manu facturing, and which are held in this State for manufacturing or process ing purposes, shall be exempt from all ad valorem taxation.

All laws exempting property from taxation, other than the property herein enumerated, shall be void.

Paragraph V. Revocation of Tax Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.

SECTION II.
PURPOSES AND METHOD OP TAXATION
Paragraph I. Taxation, How and For What Purposes Exercised. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:

1. For the support of the State Government and the public in stitutions.

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2. For educational purposes.

3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.

4. To suppress insurrection, to repel invasion, and defend the State in time of war.

5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried.

6. To construct and maintain State buildings and a system of State highways, airports, and docks.

7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes.

8. In order to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic pro tection accorded others by the old age and survivors insurance program embodied under the Social Security Act. (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the "Social Security Act," as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in subchapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivi sions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as pro vided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law on Novem ber 4, 1952, together with such further powers and duties as may be now or hereafter provided by law.

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9. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia.

10. For public health purposes.
11. Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation by the State may be exercised and its public funds expended, provided, however, that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or Authority established by the General Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate departments or instrumentalities of State govern ment, with any such public corporation or Authority established by the General Assembly for performance of the aforesaid function and purpose.

12. For school lunch purposes.

13. To pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music, and athletic pro grams within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program.

Paragraph II. Promotion of agricultural and other products; financing; disposition of funds. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural prod ucts including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provi sions for quality and/or product control may be instituted, continued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such pro posal for their approval. The General Assembly may create instru mentalities, public corporations, authorities and commissions, to ad minister such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of the affected products, and to collect the same, after ap proval by a specified vote of the producers of the affected product in a referendum, and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this

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Constitution shall be satisfied by the application of the program upon the affected products.

Paragraph III. Revenue to Be Paid Into General Fund. All money collected from taxes, fees and assessments for State purposes, as au thorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be ap propriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only.

Paragraph IV. Grants to Municipalities. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General As sembly is also authorized but not directed, to provide the purpose or purposes for which such funds may be expended by the municipalities. The General Assembly is hereby authorized to exercise the power of taxation over the entire State in order to carry out the provisions of this Paragraph.

Paragraph V. Industrial Development Commission. The General Assembly shall have the power to create an Industrial Development Commission to make loans, to be secured by second mortgages, to such industrial development agencies as the Industrial Development Com mission may select: Provided, that said agencies shall have raised suf ficient capital and secured commitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the completion of said project. The powers of taxation may be exercised through the General Assembly in order to implement and carry out the purposes for which said Commission is to be created.

SECTION III.
STATE DEBT
Paragraph I. Purposes for Which Debt may be Incurred; Limita tions. Any other provisions of this Constitution to the contrary not withstanding, the State may incur public debt, as follows:
(a) The State may incur public debt without limit to repel in vasion, suppress insurrection and defend the State in time of war.
(b) The State may incur public debt to supply such temporary deficit as may exist in the State Treasury in any fiscal year because of necessary delay in collecting the taxes of that year but the debt so incurred shall not exceed, in the aggregate, five percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such debt is incurred, and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any pre-

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vious fiscal year which was incurred under the provisions of this subparagraph (b).

(c) The State may incur public debt of two types for public pur poses pursuant to this Paragraph: (1) general obligation debt and (2) guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equip ment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I (a) of the Constitution of 1945. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article IX, Section VI, Para graph I (a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; and pro vided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational pur poses that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72 million dollars. For the purpose of this Paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date.

General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an

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amount at least sufficient to pay the highest annual debt service re quirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such ap propriation at any time prior to the incurring of such debt. The Gen eral Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of Para graph I (a), Section VI, Article IX of this Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate to a special trust fund to be designated "State of Georgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service re quirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general obliga tion debt payable therefrom. If the General Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall set apart from the first revenues thereafter received, applicable to the general fund of the State, such amounts as are necessary to cure any such deficiency and shall immediately deposit the same into the sinking fund; pro vided, however, the obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second paragraph of Paragraph I (a) of Section VI of Article IX of this Constitution. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, consistent with the require ments to make current principal and interest payments. Any such in vestments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations un conditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase.

Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be selfliquidating over the life of the issue (which determination shall be con clusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special trust fund to be designated "State of Georgia Guaranteed Revenue Debt Common Re serve Fund" to be held together with all other sums similarly appro priated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations for the

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benefit of guaranteed revenue debt shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may re peal any such appropriation at any time prior to the payment of the same into said common reserve fund which shall be held and administered by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law. If any payments are required to be made from said fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall pay from said common reserve fund the amount necessary to cure such deficiency. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall then reimburse from said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed up on the fiscal officers of the State pursuant to the second paragraph of Paragraph I (a) of Section VI, Article IX of this Constitution and shall also be subordinate to the obligation hereinabove imposed upon the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, to make sinking fund deposits for the benefit of general obligation debt. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, may be required to apply such funds as aforesaid at the suit of any holder of any such guaranteed revenue obligations. The amount to the credit of said common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of said fund. If at the end of any fiscal year of the State said fund is in excess of the required amount, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall transfer such excess to the general funds of the State free of said trust. The funds in the said com mon reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the State. Any such invest ments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations uncondition ally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months
from date of purchase.

The State, and all State institutions, departments and agencies of the State are prohibited from entering into any contract (except con tracts pertaining to guaranteed revenue debt) with any public agency, public corporation, authority or similar entity if such contract is in tended to constitute security for bonds or other obligations issued by any such public agency, public corporation or authority and, from and after September 1, 1974, in the event any contract between the State, or any State institution, department or agency of the State and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the State for

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the payment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior to September 1, 1974, shall continue to have the benefit of the protection afforded by the provisions of the second paragraph of Paragraph I (a) of Section VI, Article IX of this Constitution as fully and completely as though Paragraphs I-V of this Section were not in effect and for as long as any such contract shall remain in force and effect. Furthermore, nothing in Paragraphs I-V of this Section is intended directly or by implication to have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to the holders of obligations secured by such contracts.

(d) The State may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article IX of this Constitution are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the fifteen percent limitation in subparagraph (c) above to the same extent as debt incurred under said subparagraph; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or re funded shall not be taken into account. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund any such public debt or obligation, the same may be accomplished by resolution of the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt being funded or re funded shall immediately attach and inure to the benefit of the obliga tions to be issued in connection with such funding or refunding to the same extent and with the same effect as though the obligation to be issued had originally been authorized by action of the General Assembly as hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article IX of this Constitution are ap plicable and the continuing appropriation required to be made under the said provisions of this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred.

Paragraph II. Faith and Credit of State Pledged Debt may be

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Validated. The full faith, credit and taxing power of the State are hereby pledged to the payment of all public debt incurred under this Article and all such debt and the interest thereon shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner pro vided by the General Assembly and such validation shall be incontest able and conclusive.
Paragraph III. Georgia State Financing and Investment Com mission; Duties. There shall be a Georgia State Financing and Invest ment Commission. The Commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General, the Director, Fiscal Division, Department ofAdministrative Services, or such other officer as may be designated by law, and the Commissioner of Agriculture. The Commis sion shall be responsible for the issuance of all public debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred; provided, however, the pro ceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, dis bursed and used solely in accordance with the original purpose and with out exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The Com mission shall be responsible for the investment of all proceeds to be administered by it. The General Assembly may provide that income earned on any such investments may be used to pay operating ex penses of the Commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I (a) of Section VI, Article IX of this Constitu tion are applicable. The Commission shall be responsible for its own record keeping, reporting and related administrative and clerical func tions. The Commission shall have such additional responsibilities, powers and duties as shall be provided by law.
Paragraph IV. State Aid Forbidden. Except as herein provided, the credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, associa tion or corporation.
Paragraph V. Construction. Paragraphs I, II, III and IV are for the purpose of providing a new and more effective method of financing the State's needs and their provisions and any law now or hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect such purpose. Insofar as any such pro visions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Para graphs and laws enacted in furtherance thereof shall be controlling; provided, however, the provisions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and in

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connection with any such construction such Paragraphs shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing.
Paragraph VI. Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof, of any county, municipal cor poration or political subdivision of the State, unless such debt be con tracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war: Provided, however, that the amendment to the Constitution of 1877 proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assumption by the State, of indebted ness of the several counties of the State, as well as that of the Coastal Highway District, and the assessments made against the counties of said district for the construction and paving of the public roads or highways, including bridges, of the State, under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired.
Paragraph VII. Profit on Public Money. The receiving, directly or indirectly, by any officer of State or county, or member or officer of the General Assembry of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for the State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office.
Paragraph VIII. Certain Bonds Not to Be Paid. The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General Assembly and the Constitutional amend ments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the war Be tween the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time, for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations.
Paragraph IX. Sale of State's Property to Pay Bonded Debt. The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be ap plied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds.

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Paragraph X. State Sinking Fund. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not been matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities issued by the Federal Government, and sub sidiaries of the Federal Government, fully guaranteed by that govern ment. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned, with the approval of the Governor, when amply secured by bonds of the State or Federal Government, upon such conditions as may be provided by law.

ARTICLE VIII. EDUCATION

SECTION I. PUBLIC EDUCATION

Paragraph I. System of Common Schools; Free Tuition. The pro vision of an adequate education for the citizens shall be a primary obli gation of the State of Georgia, the expense of which shall be provided for by taxation.

SECTION II.
STATE BOARD OF EDUCATION
Paragraph I. State Board of Education; Method of Appointment. There shall be a State Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional

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capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or em ployed by a school book publishing concern shall be eligible to member ship on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law.

SECTION III. STATE SCHOOL SUPERINTENDENT

Paragraph I. State School Superintendent; Election, Term, Etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which he shall have been appointed.

SECTION IV.
BOARD OF REGENTS
Paragraph I. University System of Georgia; Board of Regents. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the State, and five addi tional members from the State-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the said Board. The members in office on the effective date of this Con stitution shall serve out the remainder of their respective terms. There after all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resigna tion of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their suc cessors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be pro vided by law.

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SECTION V. LOCAL SCHOOL SYSTEMS

Paragraph I. School Districts. Authority is granted to county and area boards of education to establish and maintain public schools within their limits. The General Assembly may, by special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51% of the registered voters in each district or sys tem concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof in corporated therein shall stand abolished, and title to all school prop erties and assets therein shall vest in the area board of education.

Paragraph II. Boards of Education. Except as provided in Para graph I of this Section, each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education.

(a) Except as may now or hereafter be provided by any local or special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school district, the Grand Jury of each county shall select five citizens of their respective counties, who shall constitute the County Board of Education. The members of any such County Board of Education in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for five-year terms from the expira tion of the previous term. In case of a vacancy on any such County Board of Education by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of such County Board of Education shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of such County Board of Education for the unexpired term. The members of any such County Board of Education of any such county shall be selected from that portion of the County not embraced within the territory of an independent school district.

(b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, com pensation, manner of election or appointment, and the method for filling vacancies occurring on said boards, may be changed by local or special law conditioned upon approval by a majority of the qualified

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voters of the county school district voting in a referendum, thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law.

(c) The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law enacted pursuant to Paragraph I of this Section. Subsequent to the creation of an area school district, the number and manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political sub divisions of the area school district voting in a referendum thereon. Members of area boards of education shall have such powers, duties, and further qualifications as provided by law.
(d) The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.

Paragraph III. Meetings of Boards of Education. All official meetings of County or Area Boards of Education shall be open to the public.
Paragraph IV. Power of Boards to Contract With Each Other. Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform.
Paragraph V. School Superintendent. There shall be a school superintendent of each school district, who shall be the executive officer of the board of education.
(a) Except as may now or hereafter be provided by any local or special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school superintendent, the county school superintendent shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law.

(b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph or in any local constitutional amendment applicable to any county school superintendent, the term of office of County school superintendents, their residence requirements and the method of their election or appointment may be changed by local or special laws conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. County

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school superintendents shall have such qualifications, powers, duties and compensation as may be provided by law.

(c) The manner of election or appointment, the qualifications, term of office, residence requirements, powers, duties and compensation of any area school district superintendent shall be as provided by law enacted pursuant to Paragraph I of this Section. Subsequent to the creation of an area school district, the manner of election or appoint ment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Area school superintendents shall have such powers, duties, and further qualifications as provided by law.
Paragraph VI. Independent Systems Continued; New Systems Prohibited. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established.
Paragraph VII. Certain Systems Protected. Public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.

SECTION VI.
GRANTS, BEQUESTS AND DONATIONS
Paragraph I. Grants, Bequests and Donations Permitted. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.

Paragraph II. Grants, Bequests and Donations to County and Area Boards of Education and Independent School Systems. County and Area Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use
of their respective systems of education.

SECTION VII.
LOCAL TAXATION FOR EDUCATION
Paragraph I. Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district therein. The indepen dent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of

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said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch pur poses. The twenty mill limitation provided for herein shall not apply to those counties now authorized to levy a school tax in excess thereof.

Paragraph II. Increasing or Removing Tax Rate. The twenty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of educa tion, in order to instigate the procedure, must pass a resolution recom mending that the limitation be removed and upon presentation of such resolution to the judge of the probate court or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county or counties once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising the area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board of education may recommend any number of mills up to the specified amount. It shall be the duty of the judge of the probate court or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be.

SECTION VIII. FREEDOM OF ASSOCIATION

Paragraph I. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia.

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SECTION IX. SPECIAL SCHOOLS

Paragraph I. Special School; Creation; Taxes and Bonds. The board of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivision shall be authorized to incur bonded indebtedness and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such local law. Schools established pursuant to provisions of this Section shall be operated in conformity with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, established prior to November 8, 1966, pursuant to the amendment to Article VII, Section VI, Paragraph I of the Constitution of 1945 proposed by a resolution approved March 17, 1960 (Ga. Laws 1960, p. 1259) and ratified on November 8, 1960, shall not be affected by this Paragraph; any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and con struction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article IX, Section VII of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner
as may be provided by law.

ARTICLE IX. COUNTIES AND MUNICIPAL CORPORATIONS
SECTION I. COUNTIES
Paragraph I. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as are pro vided in this Constitution and as prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and

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bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.

Paragraph II. Number Limited. There shall not be more than one hundred and fifty-nine counties in this State.

Paragraph III. New Counties Permitted, When. No new county shall be created except by the consolidation or merger of existing counties.

Paragraph IV. County Lines. County lines shall not be changed, unless under the operation of a general law for that purpose.

Paragraph V. County Sites Changed; Method. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly.

Paragraph VI. County Government Uniform; Exceptions. What ever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for County Commissioners in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector into the office of Tax Com missioner, and may fix his compensation, without respect to uniformity.

Paragraph VII. Power to Create County Commissioners. The Gen eral Assembly shall have power to provide for the certain of county commissioners in such counties as may require them, and to define their duties.

Paragraph VIII. County Officers; Election; Term; Removal; Eligibility. The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the offices referred to in this Paragraph unless he shall have been a resident of the county for two years and is a qualified voter.

Paragraph IX. Compensation of County Officers. County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law.

Paragraph X. Method of County Consolidation, Merger, or Divi sion. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the Judge of the Probate Court of any county of a petition signed by not less than twenty per centum

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(20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such Judge of the Probate Court to transmit a certified copy of such petition to each Judge of the Probate Court of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the Judge of the Probate Court or Judges of the Probate Courts of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the Judges of the Probate Courts of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve month period. The Judges of the Probate Courts of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be prescribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly whose districts lie wholly or partially within such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Paragraph V hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this Paragraph by law.

SECTION II.
COUNTY HOME RULE
Paragraph I. Home Rule for Counties, (a) The governing au thority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provisions has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General As sembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken

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by a county governing authority under this Section except as authorized under Subparagraph (c) hereof.

(b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable
to its governing authority by following either of the procedures here inafter set forth:

1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amend ment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.

2. Amendments to or repeals of such local acts or ordinances, reso lutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the Judge of the Probate Court of the county containing, in cases of counties with a population of five thousand or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general election; in cases of counties with a population of more than five thousand but not more than fifty thousand, at least twenty per centum of the electors registered to vote in the last general election; and in cases of a county with a population of more than fifty thousand, at least ten per centum of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amend ment or repeal. The Judge of the Probate Court shall determine the validity of such petition within 60 days of its being filed with the Judge of the Probate Court. In the event the Judge of the Probate Court de termines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than sixty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The Judge of the Probate Court shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the Judge of the Probate Court of the county for the purpose of examination and inspection by the public. The Judge of the Probate

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Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, 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 county and it shall be the duty of the Judge of the Probate Court to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph III of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
In the event that the Judge of the Probate Court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid: Provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority.

3. Action defining any criminal offense or providing for criminal punishment.

4. Action adopting any form of taxation beyond that authorized by law or by this Constitution.

5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that autho rized by local or general law or by this Constitution.

6. Action affecting the exercise of the power of eminent domain.

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7. Action affecting any court or the personnel thereof.

8. Action affecting any public school system.

(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.

(e) Nothing in this Paragraph shall affect the provisions of Para graph II of this Section.

Paragraph II. Salary of County Employees; How Fixed. The governing authority of each county is authorized to fix the salary, com pensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees.

Paragraph III. Filing and Publication of Laws. No amendment or revision of any local act made pursuant to Paragraph I of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly autho rized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.

SECTION III.
MUNICIPAL CORPORATIONS
Paragraph I. General Assembly Authorized to Delegate its Powers. The General Assembly is authorized to provide by law for the selfgovernment of municipalities and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only to statutes of general application pertaining to municipalities.

SECTION IV.
GENERAL PROVISIONS APPLICABLE TO LOCAL
GOVERNMENTS
Paragraph I. Consolidation of Governments; Submission to Voters. The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organ ization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting.

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Paragraph II. Supplementary Powers. In addition to and supple mentary of any powers now conferred upon and possessed by any county, municipality, or any combination thereof, any county, any municipality and any combination of any such political subdivisions may exercise the following powers and provide the following services:

(1) Police and fire protection.

(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services; including hospitals, ambu lance, emergency rescue services, and animal control.

(4) Street and road construction and maintenance; including curbs, sidewalks, street lights and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof.
(5) Parks, recreational areas, programs and facilities.

(6) Storm water and sewage collection and disposal systems.

(7) Development, storage, treatment and purification and distribu tion of water.
(8) Public housing.
(9) Urban redevelopment programs.

(10) Public transportation system. (11) Libraries. (12) Terminal and dock facilities and parking facilities. (13) Building, housing, plumbing, and electrical codes. (14) Air Pollution Control;

Provided, however, that no City or County may exericse any such powers or provide any such service herein listed inside the boundaries of any other local governments except by contract with City or County affected unless otherwise provided by any local or special law and no existing local or special laws or provision of this Constitution is intended
to be hereby repealed.

Each county and municipality, and any combination thereof, shall have the authority to enact ordinances and to contract with each other in pursuance of this Paragraph and for the purpose of carrying out and effectuating the powers herein conferred upon such political sub divisions and in order to provide such services. Any county, municipality,

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and any combination thereof, or the General Assembly, may provide for the creation of special districts within which the above services, or any portion thereof, shall be provided, and to determine and fix reasonable charges and fees for such services. In addition, the powers of taxation and assessment may be exercised by any county, municipality or any combination thereof, or within any such district, for the above powers and in order to provide such services.

The grant of powers to counties and municipalities contained within this Paragraph shall not operate to prohibit the General Assembly by general law from regulating, restricting, limiting or withdrawing the exercise of such powers.

Paragraph III. Taxing Power and Contributions of Counties, Cities and Political Division Restricted. The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stock holder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This re striction shall not operate to prevent the support of schools by municipal corporations within their respective limits.

Paragraph IV. Slum Clearance and Redevelopment. The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county may undertake and carry out slum clearance and redevelopment work, including the acqui sition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a govern mental function undertaken for public purposes, and the powers of tax ation and eminent domain may be exercised and public funds expended in furtherance thereof.

Paragraph V. Planning and Zoning. The General Assembly shall have authority to grant the governing authorities of the municipalities and counties authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvements on real estate therein. Such grant may authorize governing authorities to establish planning and zoning com missions separately or in conjunction with any combination of other counties and municipalities of this State and adjoining states. This Paragraph shall not have the effect of repealing any existing general or local law or county or municipal ordinance relating to planning and zoning in effect and otherwise valid on the effective date of this Con stitution, and the authority relative to planning and zoning granted to counties and municipalities prior to the effective date of this Constitu tion, either by the 1945 Constitution, as amended, or by general or local law, may continue to be exercised until otherwise provided by general law. Nothing contained within this Constitution shall be deemed or construed to prohibit the General Assembly from acting by general law on the subject matter contained within this Paragraph. Acts adopted

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pursuant to the authority of this Paragraph which provide that they shall apply to counties which fall within a prescribed population class ification shall be void unless, at the time of their enactment, two or more counties in this State fall within the prescribed population classification. Acts adopted pursuant to the authority of this Paragraph which provide that they shall apply to municipalities which fall within a prescribed population classification shall be void unless, at the time of their enact ment, two or more municipalities in this State fall within the prescribed population classification.

SECTION V. COUNTY GOVERNMENT; TAXATION POWER

Paragraph I. Power of County Government. The General Assembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution.
Paragraph II. Purposes of Taxation. In addition to such other powers and authority as may be conferred upon any county by this Con stitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly:
1. Pay the expenses of administration of the county government.
2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county.
4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics.
5. Establish and maintain a county police department.
6. Provide medical or other care and hospitalization for the indigent sick and to support paupers.
7. Pay county agricultural and home demonstration agents and con duct programs utilizing the services of such agents.

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8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.
9. Provide fire protection for forest lands and conserve natural resources.

10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors: Provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.

11. Establish and maintain a recreation system.

12. To provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor.

13. To provide for reasonable reserves for public improvements as may be fixed by law.

14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, in cluding school lunches, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, ex clusive of any independent school system therein.

The grant of powers to counties contained in this Paragraph and in Paragraph IV of this Section shall not operate to prohibit the General Assembly by general law from regulating, restricting, limiting or with drawing the exercise of such powers, except that the authority of the General Assembly provided herein shall not be construed to authorize the General Assembly to repeal or modify the authority and duty of the governing authorities of counties to levy the tax provided for by subparagraph 14 above.

Paragraph III. Establishment of Taxing Districts. Except as pro vided in Paragraph II of Section IV herein or under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such pro posed district voting in an election for that purpose held as provided by law.

Paragraph IV. Eminent Domain. Any county is hereby authorized to exercise the power of eminent domain for any public purpose.

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SECTION VI. CONTRACTS.

Paragraph I. Contracts For Use of Public Facilities, (a) The
State, State institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, State institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.

Notwithstanding any other provision of any other Section of any other Article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the pay ments required to be made in each year under lease contracts now entered into pursuant to this Paragraph I (a) by and between such department, agency, or institution of the State and any State authority which was created and activated on or before November 8, 1960, which said lease contracts constitute security for bonds or any other obligations here tofore issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease con tracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.
(b) Any city, town, municipality or county of this State is empow ered, in connection with any contracts authorized, by the preceding para graph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county for the benefit of residents of such sub divisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corpora tion or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public

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corporation or authority -for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources.

Paragraph II. Liability Insurance. The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy.

SECTION VII. LIMITATION ON COUNTY AND MUNICIPAL DEBTS

Paragraph 1. Debts of Counties and Cities. The debt hereafter incurred by any county, municipal corporation or political subdivision of this State except as in this Constitution provided for, shall never exceed ten per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual de ficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political subdivisions of this State to pass upon the issuance, of bonds by such counties, municipal corporations and other political subdivisions of this State are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or

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other political subdivisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action pre liminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years.

Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations, or partnerships as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner.

All existing local constitutional amendments adopted prior to November 5, 1974, relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by this Paragraph.

Paragraph II. Levy of Taxes to Pay Bonds. Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and col lection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring
of said indebtedness.

Paragraph III. Additional Debt Authorized, When. In addition to the debt authorized in Paragraph I of this Section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not

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exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality, or political sub division; such additional debt shall be payable in equal installments within the five years next succeeding1 the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectable annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corpora tions, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness.

Paragraph IV. Temporary Loans Authorized; Conditions. In ad dition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the State authorized to levy taxes, and county board of education, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality, political subdivision or county Board of Education outstanding at any one time shall not exceed 75% of the total gross income o'f such county, municipality, political subdivision or county Board of Education, from taxes collected by such county, municipality, political subdivision or county Board of Education in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this Para graph when there is a loan then unpaid which was made in a prior year under the provisions of this Paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political subdivision or county Board of Education, at a meeting legally held,
and such resolution shall appear upon the minutes of such meeting. No
such county, municipality, subdivision or county Board of Education
shall incur in any one calendar year, an aggregate of such temporary
loans and other contracts or obligations for current expenses in
excess of the total anticipated revenue of such county, municipality,
subdivision, or county Board of Education for such calendar year, or
issue in one calendar year notes, warrants or other evidences of such
indebtedness in a total amount in excess of such anticipated revenue for
such year.

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SECTION VIII. REVENUE OBLIGATIONS

Paragraph I. Revenue Anticipation Obligations. Revenue anticipa tion obligations may be issued by any county, municipal coroporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known as "The Revenue Certificate Laws of 1937," as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary ap purtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political sub division affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof.

Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities.

The General Assembly is authorized to create an instrumentality and department of the State of Georgia to be known as the Brunswick Ports Authority, and to provide for its powers and functions. Act

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number 314 of the Acts of the General Assembly of 1945 (Ga. L. 1945, p. 1023) as amended by House Bill number 1053 of the General Assembly of 1958 (Ga. L. 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect as if they had been enacted subsequent to the amendment adopted November 8, 1960, to Article VII, Section VII, Paragraph V of the Constitution of 1945; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so as to add and enlarge powers of the Authority.

Paragraph II. Revenue Obligations Authorized. The development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create Development Authorities to promote and further such purposes or may authorize the creation of such an Authority by any county or municipal corporation or combina tions thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation Develop ment Authority obligations, properties, activities or income and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute an indebtedness of the State within the meaning of Section VII of this Article.

The General Assembly may provide for the validation of any
Revenue Obligations authorized, and that such validation shall thereafter be incontestable and conclusive.

Paragraph III. Refunding Bonds. The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or dis approve the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State issued prior to the adoption of the Constitution of 1945, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers as to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality, or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of the Constitution of 1945.

Paragraph IV. Refunding Bonds to Reduce Bonded Indebtedness. The General Assembly is further authorized to give to the said Com mission the power and authority to approve or disapprove the issuance, of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the

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purpose of reducing the amount payable, principal or interest, on such bonded indebtedness, and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve or disapprove the terms of any such proposed re funding bonds. The General Assembly may authorize the issuance of such refunding bonds issued for the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution.

Paragraph V. 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 subdivision and to provide for the retirement of such bonded indebtedness, 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, municipality or subdivision, and in 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 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.

ARTICLE X. RETIREMENT SYSTEMS AND EDUCATIONAL SCHOLARSHIPS

SECTION I. RETIREMENT SYSTEMS

Paragraph I. Teacher Retirement System--Taxation For. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly
authorized hereunder.

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Paragraph II. Retirement System for Employees. The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system.
Paragraph III. Public School Employees Retirement System. The General Assembly is hereby authorized to provide by law for the creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunch-room personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amenda tory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retire ment system, in such manner as the General Assembly shall determine.
Paragraph IV. Firemen's Pension System. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized.

Paragraph V. Increased Retirement Benefits Authorized, (a) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created by law and such law provided that such system be funded wholly or partly from fines and forfeitures. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retire ment by members of the system who have not retired, nor shall any such formerly retired person receive any increased benefits unless all formerly retired persons entitled to receive such increased benefits participate pro rata therein.

(b) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired public school teachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education. The General Assembly shall be authorized to expend State funds for such purposes in such manner and pursuant to such terms and conditions as the General Assembly may provide by law.

(c) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law to which the General Assembly

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appropriates funds. The General Assembly shall be authorized to ap propriate funds for the purpose of increasing the retirement or pension benefits of such retired persons.

SECTION II. EDUCATIONAL SCHOLARSHIPS, LOANS, AND GRANTS

Paragraph I. Authorization. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educational purposes. The General Assemblyis authorized to provide for all matters relative to such programs. Taxes may be levied and public funds expended for such purposes.

Paragraph II.. Grants for Education. Notwithstanding any other provision of this Constitution, the General Assembly may by law pro vide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens.

Paragraph III. State Medical Education Board. There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Association of Georgia, and three mem bers to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter the Governor shall appoint three members for a term of four years, and shall appoint the President and the immediate past President of the Medical Association of Georgia pursuant to their posi tion and office in those respective capacities. Vacancies shall be filled by appointment by the Governor for the unexpired term.

The members of the Board shall receive such compensation and allowances as provided by law for attending meetings of the board or in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the Chairman or Vice-Chairman of the Board, out of any funds made available to said Board.

The secretary of the Board shall be whosoever is serving as the secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the Board and who shall also keep the books, records and accounts of the Board, and whose compensation as secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the Board, and the same shall be signed by the Chairman of the Board. The secretary shall also be the treasurer of the Board and shall keep an account for all the funds of the Board, and shall execute and file with the Board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance

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of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond to be paid out of the funds of the Board.

The board may employ clerical assistance as is required and needed.

The board shall elect a chairman and also a vice-chairman to serve in the absence or inability of the chairman. The board shall maintain an office at the Medical College of Georgia, and shall meet at the said office or elsewhere at least once each quarter at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the board shall constitute a quorum for the trans action of business, and the board shall keep full, complete and perma nent minutes and records of all its proceedings and actions.

It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper, and the said board may prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this Paragraph. The investigation of the applicant shall include an investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition at such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the ap plicant's tuition at such a medical school.

The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions to be imposed by the board as provided for in this Paragraph.

Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $10,000.00 to any one applicant to be paid at such time and in such manner as may be deter mined by the Board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited fouryear medical college or school in the United States. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted and such funds as are required by that college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said

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loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practic ing his profession at some place within the State of Georgia to be ap proved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 10,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Human Resources or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Human Resources or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services within this State as herein provided, but not before, the said applicant shall be privileged, entirely at the discretion of the Board, to pay off the balance of the scholarship or loan, together with accrued interest there on, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship.

Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Paragraph, and the form thereof shall be prepared and approved by the Attorney-General of this State, and shall be signed by the chairman of the board, countersigned by the secretary and shall be signed by the applicant. For the purposes of this Paragraph the disabilities of minority of all applicants granted loans or scholarships hereunder shall be and the same are hereby re moved and the said applicants are declared to be of full lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by an applicant is hereby declared to be a valid and binding contract the same as though the said applicant were of the full age of 18 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract.

It shall be the duty of the board to contact and make inquiry of such of the four-year medical colleges and schools as herein provided as it deems proper, and make such arrangements and enter into such con tracts, within the limitations as to cost as herein provided, for the ad-

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mission of students granted loans or scholarships by the board, such contracts to be approved by the Attorney-General of this State, and the money obligations of such contract as made by the board with any such colleges shall be paid for out of funds to be provided by law for such purposes, and all students granted loans or scholarships shall attend a medical school with which the board has entered into a contract, or any accredited four-year medical school or college in which said applicant may obtain admission, and which is approved by the board.

The board shall have authority to cancel any contract made between it and any applicant for loans or scholarships upon cause deemed suffi cient by the board. And the board shall have authority to cancel such contracts which it may lawfully cancel made with any of the colleges or schools as herein provided.

All payments of funds for loans or scholarships hereunder shall be made by requisition of the board signed by the chairman and the secre tary directed to the auditor of public accounts, who shall thereupon issue a warrant on the treasury of the State of Georgia for the amount fixed in the requisition and payable to the person designated thereon, which said warrant upon presentation shall be paid by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, out of any funds appropriated by the legislature for the purposes provided for under this Paragraph.

All funds made available to the board by Act of the legislature for the purpose of defraying expenses of the board and the salaries of its secretary and employees shall be paid over and received by the treasurer of this board and by him deposited in some solvent bank within the State of Georgia, selected by the board, and such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary.

The board shall make a biennial report to the legislature of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed physicians and surgeons within this State as a result of the said loans and/or scholarships, and where they are practicing, and shall make a full report of all its expenditures for salaries and expenses in curred hereunder.

It is the purpose and intent of this Paragraph to bring about an adequate supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools, and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia.

Paragraph IV. State Dental Education Board. There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia, and who desire to become dentists. The appointment

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of members of said State Dental Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly of the State of Georgia.

Paragraph V. State Scholarship Commission. The General As sembly is hereby authorized to provide by law a State Scholarship Com mission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the para-medical, professional or educa tional fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized to provide for all other matters relative to the purposes provided for herein.
Paragraph VI. Mental Health Scholarships. The Commissioner of Human Resources, with the approval of the Board of Human Resources, is hereby authorized to extend scholarships to physicians and other per sonnel to take post graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite to the grant of such scholarship, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law.
Paragraph VII. Board of Regents Scholarships. The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are neces sary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000 received. The General Assembly shall appropriate such funds to the Board of Regents of the University System of Georgia as it sees fit in order to carry out the purposes of this provision.

It shall be the duty of the Board of Regents to receive and pass upon, allow or disallow, all applications for scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate, and control all funds appropriated for this purpose.

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Paragraph VIII. Scholarships for Prospective Teachers. The State Board of Education shall have the authority to grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event.

The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purposes of this provision.

It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teach ers, to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose.

Paragraph IX. State Participation in Federal Educational Programs. The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholar ships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available.

Paragraph X. Scholarships Financed from State Agency Funds. State departments and agencies of the State government of Georgia shall have the authority to disburse State funds to match federal funds in order to provide qualified employees with educational scholarships and for use in other federal education programs but shall include the condition that personnel to whom the scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at least one year for each year spent in study or refund the money received for such scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. It shall be the duty of the various State departments and State agencies to receive and pass upon, allow or disallow all ap plications for scholarships in accordance with rules and regulations pre scribed by them; to contract, increase, decrease, terminate and other wise regulate all grants for scholarships; and to manage, operate and to control all funds used for this purpose.

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Paragraph XL Scholarships to Children of Law Enforcement Of ficers, Firemen, Etc. The General Assembly is hereby authorized to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the 12th grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in pursuance of this Para graph shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, as the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds it deems necessary for the purpose of carrying out the provisions of this Paragraph.

The General Assembly is hereby authorized and empowered to appropriate any amount of funds it deems necessary for the purposes of implementing any Act which becomes law as authorized by this Para graph.

Paragraph XII. Vocational Rehabilitation Grants. Notwithstand ing any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be au thorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons provided, however, that nothing in this Paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been ap propriated by the General Assembly.

Paragraph XIII. Tuition Grants to Children of Certain Prisoners of War. The General Assembly is hereby authorized to provide by law for tuition grants to qualified students, who are children of certain United States servicemen as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Depart ment of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force or forcibly detained or interned in line of duty by a foreign power since 26 March 1964; provided, however, that this shall not in clude any serviceman who is not in fact missing in action, but is missing because of unlawful actions on his part. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release from prison. The pro visions of this Paragraph shall not apply to children of any servicemen who were discharged under other than honorable conditions. The pro visions of this Paragraph shall not apply to the children of any service men who are eligible for federal benefits under the provisions of Chapter 31, Title 38, U. S. Code Annotated (Veterans Vocational Rehabilitation);

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Chapter 34, Title 38, U. S. Code Annotated (Veterans Educational As sistance); or Chapter 35, Title 38, U. S. Code Annotated (Veterans War Orphans Educational Assistance Act). The recipients of such tuition grants must attend institutions within the University System of Geor gia or vocational training institutions administered by the State Board of Education. The educational assistance to children of servicemen under the provisions of this Paragraph shall cover a period not in excess of 36 months (or the equivalent thereof in part-time training). The edu cational assistance to children of servicemen under the provisions of this Paragraph shall begin on the eighteenth birthday of such children or the successful completion of secondary schooling, whichever occurs first, and end on their twenty-sixth birthday. The term "child" or "children" shall include individuals who are married. The Georgia State Scholarship Commission and the State Board of Education are hereby charged with the administration of this Paragraph and may promulgate necessary rules, regulations and procedures to carry out the purposes of this Para graph. The General Assembly shall appropriate the necessary funds for said tuition grants.

Paragraph XIV. Direct Loans for Students, (a) The General As sembly is hereby authorized to provide by law for a program of guaran teed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corporation or other entity for the purpose of adminis tering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance com panies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions as shall be deemed advisable in con
nection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein.

(b) The General Assembly is hereby authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the 12th grade. The amount of such revenue bonds that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of such bonds shall be as the General Assembly shall provide by law. Such bonds snail be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assembly shall determine. To the extent necessary to secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine,

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any other provisions of this Constitution to the contrary notwithstanding.

Paragraph XV. Grants and Scholarships to College Students. The General Assembly is authorized to provide by law for grants or scholar ships to citizens of Georgia who are students attending colleges or uni versities in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes.

ARTICLE XI. THE LAWS OF GENERAL OPERATION
IN FORCE IN THIS STATE

SECTION I.

Paragraph I. Supreme Law. The laws of general operation in this State are, first: As the Supreme law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treat ies made under the authority of the United States.

Paragraph II. Second in Authority. Second: As next in authority thereto: This Constitution.

Paragraph III. Third in Authority. Third: In subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly.

Paragraph IV. Local and Private Acts. Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons, not inconsistent with the Supreme law, nor with this Constitu tion and which have not expired nor been repealed, shall have the force of Statute law, subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms.

Paragraph V. Proceedings of Courts Confirmed. All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review or other proceedings, in con formity with the law of force when they were made.

ARTICLE XII. AMENDMENTS TO THE CONSTITUTION

SECTION I.

Paragraph I. Proposals to amend the Constitution: new Constitu tion; submission to people. A new Constitution or amendments to this Constitution may be proposed by the General Assembly or by a constitu-

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tional convention. The proposal by the General Assembly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the Journals of each branch with the "Ayes" and "Nays" taken thereon. Any proposal to amend this Constitution or any proposal for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members elected to each branch of the General Assembly in a roll call vote entered on their respective Journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or sub divisions are directly affected by such proposed amendment. If a pro posed amendment is general, it shall be published, as provided by law in full, once each week for three consecutive weeks immediately pre ceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each Congres sional District of the State. If such proposed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments.

Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be sub mitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political sub division or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in deter mining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separ ately. A proposal for a revision of an Article or a new Article may be submitted as a single amendment. A proposal for a revision of an Article or a new Article and related changes in one or more other Articles may be submitted as a single amendment.

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Paragraph II. Convention, How Called. No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for sub mission and ratification of amendments proposed by the General As sembly.

Paragraph III. Veto Not Permitted. The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution.

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

ARTICLE XIII. MISCELLANEOUS PROVISIONS

SECTION I. MISCELLANEOUS PROVISIONS

Paragraph I. Continuation of Officers. Except as otherwise pro vided in this Constitution, the officers of the State and all political sub divisions thereof now existing shall continue in the exercise of their functions and duties subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution.

Paragraph II. Amendments Continued as Part of This Constitu tion. Amendments to the Constitution of 1877 which were continued in force and effect by Article VII, Section X, Paragraph I of the Constitu tion of 1945, and which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Con stitution. Amendments to the Constitution of 1945 which did not directly affect the whole State and which were required to be ratified in a particular subdivision or subdivisions as well as in the State as a whole, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amend ments to the Constitution of 1945 which were ratified pursuant to the provisions of an amendment to Article XIII, Section I, Paragraph I rati fied at the 1952 general election and found in Georgia Laws 1951, page 681, which are in force and effect on the effective date of this Constitu tion shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified subsequent to 1956 but which were not ratified as general amendments, which are in force and effect on the effective date of this Constitution shall con tinue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified subsequent to 1956 and which were ratified as general amendments but which by their terms

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applied principally to a particular political subdivision or subdivisions, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amend ments of the same type provided for in the immediately preceding two sentences of this Paragraph which were ratified at the same time this Constitution was ratified shall continue in force and effect as part of this Constitution.

Paragraph III. Special Commission Created. Amendments to the Constitution of 1945 other than those covered in the last sentence of Paragraph II which were ratified at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There is hereby created a commission to be composed of the President of the Senate, the Speaker of the House of Representatives, the Attorney General, the Secretary of State and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to properly incorporate such amend ments into this Constitution and shall complete its duties prior to January 1, 1977. The commission shall deliver to the Secretary of State this Constitution with those amendments incorporated therein and such document shall be the Constitution of the State of Georgia of 1976. In order that the commission may perform its duties this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolish ed upon the completion of its duties.

Paragraph IV. Effective Date. Except as provided in Paragraph III of this Section, this Constitution shall become effective on January 1, 1977.

Section 2. The above proposed new Constitution of Georgia 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 new Constitution shall have written or printed thereon the following:

"( ) YES Shall the proposed new Constitution be ratified ( ) NO as the new Constitution of the State of Georgia?"

All persons desiring to vote in favor of ratifying the new Constitu tion shall vote "Yes." All persons desiring to vote against ratifying the new Constitution shall vote "No."

If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the Constitution of the State of Georgia of 1976.

The Senate Committee on Judiciary offered the following amendment No. 1:

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Amend HR 462 by striking from Page 17, line 16, the following:

"no longer than";

by striking the comma following the word "matters" in line 18 on Page 17 and inserting in lieu thereof a period and by striking from lines 18, 19 and 20 on Page 17 the following:

"and reconvene on the second Monday in February of each year for no longer than thirty-three days.";

by inserting after the first sentence, as above amended, of Para graph III of Section V of Article III the following:

"The General Assembly shall then adjourn for sixteen days during which time the House Appropriations Committee shall consider the General Appropriations Bill. After such period of adjournment, the General Assembly shall reconvene for nineteen days, and by not later than the nineteenth meeting day following the initial adjournment, the House shall pass and transmit to the Senate a General Appropriations Bill. Upon the completion of such nineteenth meeting day, the General Assembly shall adjourn for an additional nine days during which time the Senate Appropria tions Committee shall consider the General Appropriations Bill. After the second period of adjournment, the General Assembly shall reconvene for no longer than fourteen days.";

by inserting in line 25 on Page 17 between the word "adjourn" and the word "any" the following: "during the last fourteen days of".

Senator Lewis of the 21st offered the following amendment:
Amend committee amendment No. 1 to HR 462 by striking the same in its entirety and inserting in lieu thereof the following:
"HR 462 is hereby amended by striking Article III, Section V, Paragraph III in its entirety and inserting 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 of each year for twelve days to receive the proposed General Appropriations Bill, and to attend to other matters. The General Assembly shall then adjourn for sixteen days. After such period of adjournment the General Assembly shall reconvene for nineteen days. The General Assembly shall then adjourn for nine days. After such period of adjournment the General Assembly shall reconvene for no longer than fourteen days. By concurrent resolution adopted by a majority of the members elected to both Houses of the General Assembly, the General Assembly may adjourn during the last fourteen days of any regular session to such later date as it may fix for reconvening in regular session in the same

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year. The General Assembly shall remain in regular session no longer than forty-five days in the aggregate each year. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or the House of Repre sentatives at the adjournment of any regular session may be con sidered 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 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 II, Paragraph III 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.' "

On the adoption of the amendment offered by Senator Lewis of the 21st to the committee amendment, the yeas were 37, nays 4, and the amendment was adopted.

On the adoption of committee amendment No. 1, the yeas were 34, nays 5, and committee amendment No. 1 was adopted as amended.

The Senate Committee on Judiciary offered the following amendment No. 2:
Amend HR 462 by inserting on Page 24, between Paragraphs III and IV the following:
"Paragraph IIIA. Restrictions upon land use for the protec tion of natural resources, environment and vital areas. The General Assembly shall have the authority to provide restrictions upon land use in order to protect and preserve the natural resources, environ ment and vital areas of this State.";
by inserting between lines 22 and 23 of Page 138 the following:
"(15) Planning and zoning, which is the power to provide within their respective jurisdictions for the zoning or districting of such political subdivisions for various uses and other or different uses prohibited in such zones or districts; to regulate the use for which said zones or districts may be set apart; and to regulate the plans for development and improvements on real estate therein.";
by deleting in its entirety Paragraph V of Section IV of Article IX.

On the adoption of committee amendment No. 2, the yeas were 37, nays 3, and committee amendment No. 2 was adopted.
The Senate Committee on Judiciary offered the following amendment No. 3:

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Amend HR 462 by adding on Page 139, line 15, after the word "powers" the following:

", provided, however, that the General Assembly shall not regulate, restrict, limit or withdraw the power of any county, municipality, or any combination thereof, to plan and zone as defined in this Constitution".

On the adoption of committee amendment No. 3, the yeas were 3, nays 37, and committee amendment No. 3 was lost.

The Senate Committee on Judiciary offered the following amendment No. 4:
Amend HR 462 by striking from Article XII, Section I, Paragraph I, the following:
"A proposal for a revision of an Article or a new Article may be submitted as a single amendment. A proposal for a revision of an Article or a new Article and related changes in one or more other Articles may be submitted as a single amendment.",
and inserting in lieu thereof the following:
"A proposal for one or more changes within a single Article may be submitted as a single amendment. A proposal for one or more changes within a single Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. A proposal for a new Article may be submitted as a single amendment. A proposal for a new Article and a related change or related changes in one or more other Articles may be submitted as a single amendment."

On the adoption of committee amendment No. 4, the yeas were 37, nays 4, and committee amendment No. 4 was adopted.

The Senate Committee on Judiciary offered the following amendment No. 5:
Amend HR 462 by striking from Section 2 the language which is to appear on the ballot and inserting in lieu thereof the following:
"( ) YES Shall the proposed new Constitution be ratified as the ( ) NO Constitution of the State of Georgia?"

On the adoption of committee amendment No. 5, the yeas were 35, nays 1, and committee amendment No. 5 was adopted.
Senator Garrard of the 37th offered the following amendment:

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2047

Amend HR 462 by striking Article III, Section IV, Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I, to read as follows:

"Paragraph I. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall become. President in case of the death, resignation or permanent disability of the President or in the event of the succession of the President to the executive power. In the event the President is unable to perform the duties of his office because of temporary disability, the President Pro Tempore shall act as President during the period of temporary disability. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an ex traordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. When a President Pro Tempore becomes President of the Senate as provided in this Paragraph, such President shall receive the same compensation and allowances as the Speaker of the House of Representatives. The provisions of this Paragraph shall become effective on the first day of the regular session of the General Assembly in -1977."

On the adoption of the amendment, the yeas were 26, nays 19, and the amendment was adopted.

Senator Lewis of the 21st offered the following amendment:
Amend HR 462 by adding in Paragraph XI of Section VII of Article III after the word "amendments" the words "or a new Constitu tion".

On the adoption of the amendment, the yeas were 36, nays 5, ..and the amendment was adopted.

Senator Banks of the 17th offered the following amendment:
Amend HR 462 by deleting on Page 139, lines 11 through 15 and substituting in lieu thereof the following:
"The General Assembly shall not act upon the above subject matter contained within this Paragraph except by general law. This Paragraph shall not have the effect of repealing any existing general or local law or county or municipal ordinance relating to the above powers in effect and otherwise valid on the effective

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date of this Constitution, and the authority relative to such powers granted to counties and to municipalities prior to the effective date of this Constitution, either by the 1945 Constitution, as amended, or by general or local law, may continue to be exercised until otherwise provided by general law; provided, however, that the General Assembly shall not regulate, restrict, limit or withdraw the power of any county, municipality, or any combination thereof, to plan and zone as defined in this Constitution."

On the adoption of the amendment, the yeas were 41, nays 2, and the amend ment was adopted.

Senator Lewis of the 21st offered the following amendment:
Amend HR 462 by striking from Article XIII, Section I, Paragraph III the words:
"the President of the Senate, the Speaker of the House of Representatives",
and inserting in lieu thereof the words:
"the presiding officer of the Senate, the presiding officer of the House of Representatives".

On the adoption of the amendment, the yeas were 36, nays 3, 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.

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

Those voting in the affirmative were Senators:

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

Garrard Gillis Hamilton of 26th
Hamilton of 34th
Holley Holloway Howard Hudson Langford
Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Riley Starr Stephens Stumbaugh Summers Tate Thompson Timmons
Traylor Turner Tysinger

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Those voting in the negative were Senators:

Ballard Dean of 6th Eldridge Hill Hudgins

Kennedy Kidd McGill Robinson Shapard

Sutton Warren Young

Those not voting were Senators:

Banks

Russell

On the adoption of the resolution, the yeas were 41, nays 13.

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

Senator Lewis of the 21st moved that HR 462 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HR 462 was immediately transmitted to the House.

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others: Senator Sponsor: Senator Lester of the 23rd.
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

The Senate Committee on Human Resources offered the following amend ment:
Amend HB 1186 by striking in its entirety Section 2 and substitut ing in lieu thereof a new Section 2 to read as follows:
"Section 2. Recipients of payments made pursuant to Aid to Families with Dependent Children Act shall be required to be in terviewed in the appropriate office or offices designated by the Department of Human Resources in the county of the recipient's residence at least once every six months. Such recipients shall also be required to be interviewed in their home at least once every six months. Under no circumstances shall any check issued pursuant to Aid to Families with Dependent Children be forwarded to an address other than the address shown on the mailing envelope. In the event that such check is negotiated on an out-of-state bank, there shall be a personal interview by the caseworker with the recipient within thirty (30) days of discovery."

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Senator McDowell of the 2nd offered the following amendment:

Amend HB 1186 by adding on line 22, Page 1, after word "appro priate" the following:

"Provided, however, that the department will accept a dif ferent type card when financed by the Federal Government for the State of Georgia as a pilot program."

Senator Tate of the 38th moved that HB 1186 be tabled.

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:

Barker Bond Brown of 47th Carter Dean of 6th Dean of 31st Duncan

Fincher Hamilton of 34th Howard Hudgins Hudson McDowell McDuffie

Robinson Russell Shapard Stephens Tate Timmons Traylor

Those voting in the negative were Senators:

Ballard Barnes Bell Brantley Broun of 46th Coverdell Doas Eldridge Foster Garrard Gillis

Hamilton of 26th Hill Holley Holloway Kennedy Kidd Lester Lewis McGill Overby Pearce

Reynolds Riley Stumbaugh Summers Sutton Thompson Turner Tysinger Warren Young

Those not voting were Senators:

Banks

Langford

Starr

On the motion, the yeas were 21, nays 32, and the motion to table was lost.

Senator Warren of the 43rd moved the previous question on the amendment offered by the Senate Committee on Human Resources.

On the motion, the yeas were 38, nays 2; the motion prevailed, and the previous question on the committee amendment was ordered.

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2051

On the adoption of the committee amendment, 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:

Ballard Barker
Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Garrard

Hamilton of 26th Hamilton of 34th
Hill Holloway Howard Hudson Kidd Langford McDowell McGill Overby Reynolds Riley

Robinson Russell Shapard Starr Stephens Summers Tate Timmons Traylor Turner Young

Those voting in the negative were Senators:

Barnes Bell Brantley Coverdell Foster Gillis

Holley Hudgins Kennedy Lester Lewis McDuffie

Pearce Stumbaugh Sutton Thompson Tysinger Warren

Not voting was Senator Banks.

On the adoption of the committee amendment, the yeas were 37, nays 18, and the committee amendment was adopted.

On the adoption of the amendment offered by Senator McDowell of the 2nd, the yeas were 37, nays 7, 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell

Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Kennedy

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Kidd Langford Lester Lewis McDowell McDuffie Overby

JOURNAL OF THE SENATE,

Reynolds Riley Robinson Shapard Starr Stumbaugh Sutton

Thompson Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Barker Carter Dean of 6th Dean of 31st

Hudgins Hudson McGill Pearce Russell

Stephens Tate Timmons Traylor

Those not voting were Senators:

Banks

Summers

On the passage of the bill, the yeas were 40, nays 14.

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

The following bills of the Senate were taken up for the purpose of consider ing House action thereto:

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations rela tive to certain actions.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House amendment to SB 464, and that a Conference Committee be ap pointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 464.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garrard of the 37th, Kidd of the 25th and Fincher of the 54th.

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2053'

SB 645. By Senator Kidd of the -25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, approved Oct. 5, 1885, as amended, so as to provide designations for the offices constituting the board of commissioners.

The House amendment was as follows:
Amend SB 645 by deleting in their entirety line 32 of Page 3 and lines 1 through 11 of Page 4, and substituting in lieu thereof the following:
"Section VIII. The chairman shall receive a salary of $250 per month. The remaining members of the board of county commission ers shall receive a salary of one hundred dollars ($100.00) per month. All such compensation to be paid monthly from the funds of Hancock County."

Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SB 645.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 645.

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

HB 1489. By Representative Rainey of the 135th: Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act completely and 'exhaustively revising, super seding and consolidating the laws of this State relating to game and fish, as amended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 1489 by inserting on line 14 of Page 1, after the word "jurisdiction", the following:
"; to authorize the use of compound bows for the taking of game under certain conditions".
By renumbering Sections 5 and 6 as Sections 6 and 7, respectively.
By inserting, following Section 4, a new Section 5, to read as follows:

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"Section 5. Said Act is further amended by adding between Sec tions 57 and 58 a new Section 57A, to read as follows:

'Section 57A. When this Act or the rules and regulations of the Commission shall authorize the taking of game with a bow and arrow, it shall be legal to take such game by the use of a compound bow. As used in this Section, "compound bow" means a bow designed to be drawn and held at full draw by the muscular power of the archer and which employs a system of pulleys or other devices for the purpose of obtaining a mechanical advantage as to the energy required to draw the bow.' "

On the adoption of the amendment, the yeas were 31, nays 1, and the amend ment was adopted.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Fincher Foster

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

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

Those voting in the negative were Senators:

Dean of 6th

McDowell

Traylor

Those not voting were Senators:

Banks Broun of 46th (excused conferee) Garrard

Holloway (excused conferee) Hudgins

Riley (excused conferee) Timmons Tysinger

On the passage of the bill, the yeas were 45, nays 3.

MONDAY, MARCH 1, 1976

2055

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

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 617. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appoint ment and terms of office of certain city officials.

The House substitute was as follows:

A BILL
To be entitled an Act to amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials; to pro vide for budgets; to provide for vetoes; to provide for requirements for certain expenditures and purchases; to define a certain term; 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 establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, is hereby amended by adding, following Section 21, a new Section to be designated as Section 21 A, to read as follows:
"Section 21A. Any other provision of this charter to the con trary notwithstanding, the mayor of the City of Milledgeville shall have the following powers:
(a) To appoint the members of all committees established by the mayor and aldermen;
(b) To nominate the following officers and officials of the City of Milledgeville, who shall serve for a term of office of two years each following their confirmation by a vote of four aldermen:
(1) clerk and treasurer;
(2) chief of police;
(3) chief of the fire department;

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(4) all city department heads;
(5) city recorder; and
(6) city attorney.
(c) To veto, in writing, within seven calendar days any ordi nance, rule or regulation adopted by the city council; provided, how ever, that such veto may be overridden by a vote of four of the members of the city council.

(d) To appoint the mayor pro tem, without the necessity of confirmation by the aldermen.

(e) With the advice and approval of the council, to prepare a budget for the operation of the city for the ensuing year, provided that such budget shall be prepared by the mayor within 30 days of the date he takes office and within 30 days of the anniversary of such date during each year thereafter. The budget shall separately state the amount budgeted for operating expenses, by category, and for capital expenditures. Such amounts shall be so stated for each category and shall also be stated separately for each department of city government. The mayor shall have the right to veto the amount budgeted in any category for any department. The city council may override any such veto by a vote of four of the members of the city council."

Section 2. Said Act is further amended by adding, following Sec tion 21 A, a new Section 21B, to read as follows:

"Section 21B. It shall be the duty of the mayor and aldermen to obtain competitive bids for the purchase of any real or personal property with a fair market value of more than $1,500.00, except in cases in which an emergency exists or other circumstances require that an immediate purchase be made and such facts are so stated in a resolution adopted by the mayor and aldermen authorizing such purchase. It shall be the duty of the mayor and aldermen to adver tise such purchases to be made in excess of $1,500.00, stating in such advertisement a general description of the property to be pur chased, the date, time and location for the opening of bids and the location and times at which additional bid specifications, property specifications and bid blanks may be obtained."

Section 3. Said Act is further amended by adding following Sec tion 21B a new Section 21C to read as follows:

"Section 21C. The 'city council' shall be defined in this Act as the six elected board of aldermen."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate disagree to the House sub stitute to SB 617.

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2057

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 617.

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

HB 1490. By Representative Rainey of the 135th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish, as amended, so as to provide that as of a cer tain date rules and regulations issued by the State Board of Natural Resources relating to game and fish laws shall be adopted and promul gated in accordance with the provisions of the Act known as the "Georgia Administrative Procedure Act".

Senator McDowell of the 2nd moved that HB 1490 be tabled.

On the motion, the yeas were 17, nays 22, and the motion was lost.

The Senate Committee on Natural Resources and Environmental Quality of fered the following amendment:
Amend HB 1490 by inserting in line 9 of Page 1, after the word "exceptions", the following:
"; to authorize the use of compound bows for the taking of game under certain conditions".
By renumbering Section 2 as Section 3.
And, by inserting, following Section 1, a new Section 2, to read as follows:
"Section 2. Said Act is further amended by adding between Sections 57 and 58 a new Section 57A, to read as follows:
'Section 57A. When this Act or the rules and regulations of the Commission shall authorize the taking of game with a bow and arrow, it shall be legal to take such game by the use of a com pound bow. As used in this Section, "compound bow" means a bow designed to be drawn and held at full draw by the muscular power of the archer and which employs a system of pulleys or other devices for the purpose of obtaining a mechanical advantage as to the energy required to draw the bow.' ".

On the adoption of the committee amendment, the yeas were 34, nays 0, and the committee amendment was adopted.

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Senator Sutton of the 9th offered the following amendment:

Amend HB 1490 by adding on Page 2 between lines 3 and 4 a Section to read "Section 15C. Provided, however, that this bill shall not have the effect of law until promulgated rules and regulations are presented to the standing Committee of Natural Resources and Environmental Quality and House Committee on Game, Pish and Recreation."

On the adoption of the amendment offered by Senator Sutton of the 9th, 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 as amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Coverdell Dean of 31st Doss Duncan Eldridge

Foster Garrard Gillis Kennedy Kidd Langford Lester Lewis McDuffie

McGill Overby Robinson Shapard Starr Thompson Turner Young

Those voting in the negative were Senators:

Barnes Bond Brantley Carter Dean of 6th Hamilton of 26th Hamilton of 34th Hill

Holley Howard Hudgins McDowell
Pearce Russell Stephens Stumbaugh

Summers Sutton Tate Timmons Traylor Warren

Those not voting were Senators:

Banks Broun of 46th (excused conferee) Fincher

Holloway (excused conferee) Hudson Reynolds

Riley (excused conferee) Tysinger

On the passage of the bill, the yeas were 26, nays 22.
The bill, having failed to receive the requisite constitutional majority, was lost.

MONDAY, MARCH 1, 1976

2059

Senator Langford of the 51st -gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1490.

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:

HB 1551. By Representative Howell of the 140th:
A bill to amend Code Section 34-605, relating to the qualifications of registrars and deputy registrars, so as to repeal the requirement that the chief registrar own or be the spouse of the owner of real property within the county.

HB 1802. By Representatives Snow of the 1st, Irvin of the 23rd, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the procedures for filing articles of correction, from the superior court to the Secretary of State; to provide for certificates and certified copies of documents to be received in evidence.

HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others:
A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon the request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.

HB 1986. By Representatives Snow of the 1st, Egan of the 25th, Karrh of the 106th and Hatcher of the 131st:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act" so as to add a provision concerning dividends or other distributions or payments to which a shareholder is entitled from a corporation organized under the Georgia Business Corporation Code.

HB 1939. By Representative Logan of the 62nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes so as to provide that it shall be unlawful for any person not licensed under said Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name.

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HB 1212. By Representatives Larsen of the 27th and Elliott of the 49th:
A bill to amend Code Chapter 27-14, relating to arraignment and pleas, so as to prohibit a judge from accepting a guilty plea unless the plea is voluntarily and intelligently made and certain matters appear from the record.

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

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees Retirement System approved Feb. 3, 1949 so as to change the retirement re quirements and benefits for certain personnel of the Department of Revenue.

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

HB 781. By Representative Greer of the 43rd:
A bill to amend Code Chapter 92-34, relating to the estate tax, so as to provide for the filing and time for filing of certain estate tax docu ments, to provide interest rates in certain instances, to provide a filing time for estate tax returns, to provide appraisal of estates by the State Revenue Commissioner in certain instances, to provide time of payment, and to provide interest rates in certain businesses.

HB 1545. By Representatives Irvin of the 23rd, Sams of the 90th, Karrh of the 106th and Walker of the 115th:
A bill to amend Code Chapter 113-10, relating to distribution, advance ments, and year's support, as amended, so as to provide the manner in which parties are identified on applications for year's support; to pro vide for orders for year's support awarding interests in real property and the contents, recording, filing, fees, and return thereof.

HB 1902. By Representative 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 provide that credit in the amount of tax actually paid in a State which does not grant like credit for taxes paid in Georgia shall be given in respect to certain uses of tangible per sonal property.

HB 1958. By Representative Larsen of the 119th:
A bill to amend an Act creating the Office of the Consumers' Utility Counsel to transfer the Consumers' Utility Counsel from the Public

MONDAY, MARCH 1, 1976

2061

Service Commission to the Office of the Governor; to change the ap pointing authority from the Attorney General to the Governor; to provide that the Governor shall fix the compensation of the Counsel and his staff.

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

HR 861. By Representatives Knight of the 67th, Shanahan of the 7th, Elliott of the 49th and others:
A resolution creating the Curriculum Study Committee for the public schools of Georgia.

HR 614. By Representatives Wheeler of the 152nd, Ross of the 76th, Jordan of the 58th and others:
A resolution creating the Education Laws Study Committee.

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

HB 1935. By Representative Gignilliat of the 122nd:
A bill to enact the Facade and Conservation Easements Act of 1976; to provide for definitions; to state the duration and means of acquisi tion of such easements; to provide for recordation; to require tax as sessors to revalue encumbered property; to provide for appeals.

HB 2015. By Representatives Pinkston of the 100th and Triplett of the 128th:
A bill to amend an Act providing for the incorporation by reference of various fiduciary powers into wills, trusts and other instruments in writing so as to repeal Section 3 of the Act.

HB 1968. By Representative Phillips of the 59th:
A bill to amend an Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes so as to change the fine for violation of such resolutions.

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 619. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to pro vide that the services rendered by the Crisp County Power Commis sion and all property thereof located outside Crisp County shall not be

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subject to taxation and regulation as are privately owned and operated utilities.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1864. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the county of Glynn', approved Feb. 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned", so as to create education districts from which members of the Board of Education of Glynn County shall be elected.

HB 1602. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" as amended so as to authorize the Governor to direct and im plement such internal reorganization of the Department of Human Re sources as he may find necessary to improve the management and ad ministration of the functions assigned to the Department.

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.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 380. By Senator Holley of the 22nd: A bill to amend an Act known as the "Development Authorities Law", approved Mar. 28, 1969, as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act known as the "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. Laws 1971, p. 177), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 1259), so

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as to provide a more effective mechanism whereby local communities can stimulate economic growth and development; to attract and retain in dustrial enterprises, expand local credit and capital, and reduce unemployment; specifically, to expand the definition of the word "proj ect" to include the acquisition, construction, improvement or leasing of any property by a development authority or by any industrial con cern in connection with the operation of any plant or facility located, or to be located, within the area of operation of a development au thority and to include the acquisition, construction or improvement of certain sewage disposal and solid waste disposal facilities; to expand the definition of "cost of project" to include interest prior to and during construction, certain planning costs and certain costs involved in financing of projects; to authorize development authorities to lend monies to industrial concerns for the planning, design, con struction, financing and carrying out of projects located on lands owned or leased by persons, firms, corporations or other entities other than such development authorities themselves; to authorize development authorities to issue bond anticipation notes and to specify and modify certain procedures relating principally to the issuance of bonds and bond anticipation notes and the validation of bonds; to empower develop ment authorities to acquire, accept or retain security interests in order to secure repayment of any monies loaned or credit extended by such development authorities; to provide certain procedures relating to the granting of security interests in, or other encumbrances of, its prop erties by a development authority as security for payment of the obliga tions of such development authority evidenced by bonds, notes, trust indentures, deeds to secure obligations, security agreements or mort gages; to provide for modification of and addition to the stated pur poses of the Development Authorities Law; 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 "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. Laws 1971, p. 177), is hereby further amended by striking in its entirety subsection (e) of Section 1 of said Act, as amended, and inserting in lieu thereof the following language:

"(e) The word 'project' shall include:

(1) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handl ing of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all neces sary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all im provements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad, railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transporta tion, transportation facilities incidental to the project, and the

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dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project.

(2) The acquisition, construction, leasing or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within the area of operation of the Authority.

(3) The acquisition, construction, improvement or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the opera tion of any plant or facility located or to be located within the area of operation of the Authority.

(4) The acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare. For the purposes hereof, the term 'air pollution control facility' shall mean any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, alter ing or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, State or local standards for abatement or control of atmospheric pollutants or contaminants. For the purposes hereof, the term 'water pollution control facility' shall mean any property used in whole or in substantial part, to abate or control water pollution or contamina tion by removing, altering, disposing or storing pollutants, contam inants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and appurtenances thereto, if such facility is in the fur therance of applicable federal, State or local standards for the abatement or control of water pollution or contamination.

(5) The acquisition, construction, improvement or modifica tion of any property, real or personal, used as, or in connection with, a sewage disposal facility or a solid waste disposal facility which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued opera tion of the industries which the same is to serve and is necessary for the public welfare. If such facility is to be operated by a political subdivision of this State, or agency or instrumentality thereof, for its general constituency, said certification need only state that such facility is necessary for the public welfare. For the purposes hereof, the term 'sewage disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of sewage. For the purposes hereof, the term 'solid waste disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of solid waste; and the term 'solid waste' shall

MONDAY, MARCH 1, 1976

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mean garbage, refuse or other discarded solid materials, including solid-waste materials resulting from industrial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows; the word 'garbage' shall include putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human wastes; and the word 'refuse' shall include all nonputrescible wastes.

(6) The word 'project' shall also include the acquisition, con struction, improvement or modification of any property, real or personal or both, used as a peak shave facility. 'Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally under stood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption. Any project involving a 'peak shave facility' may be undertaken as otherwise provided in this Act.

(7) The word 'project' shall also mean and include the acquisition, construction, leasing, improvement or modification of any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air. Such projects shall not include the creation of airports or airport terminal facilities or improvements thereon except as incidentally related to the furnishing of transportation of persons or property by air as herein provided. Otherwise such projects may include, but shall not be limited to, aircraft, aircraft maintenance and reconditioning equipment, aircraft communications equipment and facilities for the maintenance and repair of such equipment, ground support equipment and facilities used by aircraft, any necessary or useful real or personal property or rights to such property, all licenses, storage facilities including storage and distribution facili ties for fuel, and including the acquisition, modernizing or expansion of existing facilities or systems for the transportation of persons or property by air all as determined by the Authority, which determination shall be final and not subject to review. Such projects for the transportation of persons or property by air are authorized to assist State and local governments to secure adequate systems of transportation of passengers for hire as authorized by law and for the development of trade, commerce, industry and employment opportunities as provided in Paragraph IV-A of Section III of Article VII of the Constitution of Georgia. Such projects for the transportation of persons or property by air may be undertaken to the same extent and on the same conditions as otherwise pro vided in this Act for other facilities except that such projects may be authorized only for air transportation systems which are not eligible to receive subsidies from the Federal Government at the time the project is undertaken and only where the corporate headquarters, the general maintenance, repair, support and com munication facilities, the general reservations, scheduling and dis patch facilities, and the personal residence of the majority of the

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employees are all located within the geographic jurisdiction of the Authority, and only if the aircraft are routinely dispatched from and returned to the geographic jurisdiction of the Authority; provided that the operation of flight equipment and incidental ground support facilities and equipment and the location of em ployees of such a project outside of the geographic jurisdictions of the Authority shall not be prohibited provided the conditions specified hereinabove are met; provided that no city, county, political subdivision or any development authority may ever operate any such facility and the same must be acquired and operated by a private company or individual who shall guarantee the repayment of any obligations assumed and who shall be fully responsible for all operating expenses and losses and who shall be taxable as any other private undertaking would be."

Section 2. Said Act, as amended, is hereby further amended by striking in its entirety subsection (f) of Section I of said Act, as amended, and inserting in lieu thereof the following language:

"(f) The term 'cost of project' shall include: all costs of con struction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all 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 franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equip ment, initial fuel and other supplies required 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 opera tion; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or inci dental to the construction, purchase or acquisition of the completed project or 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. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing, sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and opera tion of its projects and as may be authorized by any bond resolu tion 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 provisions of this Act."

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Section 3. Said Act, as amended, is hereby further amended by striking from Section 4 of said Act, as amended, subsections (h) through (m) in their entirety and inserting in lieu thereof the following language:

"(h) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide for their compensation and duties;

(i) to extend credit or make loans to any person, firm, corpora tion or other industrial entity for the planning, design, construction, acquisition or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agree ments, contracts and all other instruments or fees or charges, upon such terms and conditions as the Authority shall determine reason able in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Section in connection with a project for such person, firm, corporation or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project as the Authority may deem necessary or desirable;

(j) to acquire, accept or retain equitable interests, security interests or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, con tract, lien, loan agreement or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the Authority;

(k) to construct, acquire, own, repair, remodel, maintain, ex tend, improve and equip projects located on land owned or leased by the Authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations or any other contribution, all of which the Authority is hereby authorized to receive and accept and use;

(1) to borrow money and issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such proj ect, or for the purpose of refunding any such bonds of the Authority theretofore issued, and to otherwise carry out the purposes of this Act and to pay all other costs of the Authority incident to, or necessary and appropriate to, such purposes, including the provid ing of funds to be paid into any fund or funds to secure such bonds and notes; provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limita tions set forth in Section 6 of this Act;

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(m) as security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate or otherwise en cumber any property, real or personal, of such Authority and to execute any trust agreement, indenture or security agreement con taining any provisions not in conflict with law, which trust agree ment, indenture or security agreement may provide for foreclosure or forced sale of any property of the Authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agree ment or indenture; the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof;

(n) any Authority authorizing an air transportation facility is empowered to contract with any county or municipality in the State, and any county or municipality in the State is empowered to contract with any such Authority to furnish air transportation services where such service is not otherwise in existence;

(o) to do all things necessary or convenient to carry out the powers expressly conferred by this Act."

Section 4. Said Act, as amended, is hereby further amended by striking in its entirety Section 6 of said Act, as amended, and inserting in lieu thereof the following language:

"Section 6. Subject to the limitations and procedures provided by this Section, the obligations of any Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements or mortgages executed in con nection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and the Authority in such instruments may provide for the pledging of all or any part of its revenues, income or charges and for the mortgaging, encumbering or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Section, undertak ings of an Authority may prescribe the procedure by which bond holders and noteholders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority, and bonds, resolutions, trust inden tures, mortgages or deeds to secure obligations executed by an Authority and bond anticipation notes executed by an Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable.

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(a) Use of Bond and Note Proceeds: The proceeds derived from the sale of all bonds and bond anticipation notes issued by an Authority shall be held and used for the ultimate purpose of pay ing directly or indirectly as permitted in this Act, all or part of the cost of any project, including the cost of extending, financing, adding to or improving such project or for the purpose of refunding any bond anticipation notes issued in accordance with the pro visions of this Act or refunding any previously issued bonds of the Authority.

(b) Revenue Obligations: All bonds and bond anticipation notes issued by an Authority shall be revenue obligations of such Authority, and may be made payable out of any revenues or other receipts, funds or monies of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds or monies.

(c) Subsequent Series of Bonds or Notes: Issuance by an Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue.

(d) Bond Anticipation Notes: An Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated as provided in this Act, to issue, from time to time, its 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. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the Author ity or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants, or con ditions which it is authorized to include in any bonds. 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.

(e) Interest Rates on Obligations of the Authority: The interest rate on or rates to be borne by any bonds, notes or other

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obligations issued by the Authority shall be fixed by the board of directors of the Authority and any limitations with respect to interest rates found in the Revenue Bond Law (Ga. Laws 1937, pp. 761-774), or the usury laws of the State of Georgia shall not apply to obligations issued under this Act.

(f) Validation and Issuance of Revenue Bonds: All revenue bonds issued by an Authority under this Act shall be issued and validated under and in accordance with the Revenue Bond Law of the State of Georgia, as heretofore and hereafter amended, except as provided in subsection (e) of this Section and except as specifically set forth below in this subsection:
(1) Revenue bonds issued by an Autho-rity may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide;
(2) Revenue bonds shall bear a certificate of validation. The signature of the Clerk of the Superior Court of the Judicial Circuit in which the issuing Authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated 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;

(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an Authority are to bear, the notice to district attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; pro vided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the Authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices;
(4) The term 'cost of project' shall have the meaning pre scribed in subsection (f) of Section 1 of this Act whenever referred to in bond resolutions of an Authority, bonds and bond anticipation notes issued by an Authority, or notices and proceedings to validate such bonds."
Section 5. Said Act, as amended, is hereby further amended by striking the last two sentences from Section 7 of said Act, as amended, and inserting in lieu thereof the following language:

"No bonds or bond anticipation notes except refunding bonds shall be issued by an Authority hereunder unless its board of

MONDAY, MARCH 1, 1976

2071

directors shall adopt a resolution finding that the project for which such bonds or notes are to be issued will promote the fore going objectives and will increase or maintain employment in the territorial area of such Authority. Notwithstanding the fore going requirement, bonds or bond anticipation notes may be issued to finance projects for air and water pollution control facilities and for sewage and solid waste disposal facilities as provided in this Act without a finding that the project will increase or main tain employment so long as the appropriate certification described in this Act shall have been secured from the federal, State or local agency having jurisdiction in the premises."

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 Holley of the 22nd moved that the Senate agree to the House sub stitute to SB 380.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell 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 Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

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

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Banks Barnes Broun of 46th (excused conferee)

Dean of 31st Holloway (excused conferee)

Riley (excused conferee) Robinson Ty singer

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 380.

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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 1554. By Representatives Colwell of the 4th, Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Kennedy of the 4th.
A bill to amend an Act comprehensively and exhaustively revising, super seding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, approved Feb. 20, 1956, as amended, so as to add to Section 24 a new subsection to provide that said Section shall apply only to those entering the State penal system prior to July 1, 1976.

The Senate Committee on Offender Rehabilitation offered the following amendment:
Amend HB 1554 by striking from the title on Page 1, line 10, and on Page 2, line 6, from Section 1 on Page 2, line 26, and from Section 2 on Page 4, line 15, the following:
"entering",
and inserting in lieu thereof in all such places the following:
"sentenced to".

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 passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Ballard 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 Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell Shapard Starr Stephens

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2073

Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor

Turner Warren Young

Those not voting were Senators:

Banks Bond Broun of 46th (excused conferee)

Duncan Holloway (excused conferee)

Riley (excused conferee) Tysinger

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1581. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others: Senate Sponsor: Senator Garrard of the 37th.
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to limit the purposes for which interest on certain investments may be used.

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

On the passage of the bill, a roll call was taken, 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 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 Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Traylor Turner Warren Young

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Those not voting were Senators:

Banks Broun of 46th (excused conferee) Duncan

Holloway (excused conferee) Langford Riley (excused conferee)

Thompson Timmons Tysinger

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1698. By Representatives Lambert of the 112th, Carlisle and Mostiler of the 71st and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to create an energy resources council to be known as the Georgia Council for Energy. Resources; to declare the legislative intent of this Act; to provide for its members and their tenure; to provide for the powers and duties of the Council; to provide for employees thereof.

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

On the passage of the bill, a roll call was taken, 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 Eldridge Fincher Foster Gillis

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

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

Those not voting were Senators:

Banks Broun of 46th
(excused conferee) Brown of 47th Duncan

Garrard Holloway
(excused conferee) McDowell

Riley (excused conferee)
Stumbaugh Timmons Tysinger

On the passage of the bill, the yeas were 45, nays 0.

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

MONDAY, MARCH 1, 1976

2075

HB 1841. By Representatives Lambert of the 112th and Carlisle of the 71st: Senate Sponsor: Senator Starr of the 44th.
A bill to amend Code Title 95A, the Georgia Code of Public Transporta tion, so as to provide for the acquisition, operation and maintenance of special-purpose aircraft by the Georgia Forestry Commission, De partment of Natural Resources and the Department of Public Safety.

Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd offered the following amendment:
Amend HB 1841 by adding following the word and symbol "Safety;" line 5 of Page 1, the following:
"to provide that the Department of Transportation shall be authorized to dispose of any State aircraft and apply the proceeds derived therefrom to the purchase of replacement aircraft when the Director of the Budget shall authorize such actions.";
by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Code Title 95A, the Georgia Code of Public Trans portation, as amended, is hereby amended by adding a new sentence at the end of paragraph (1) of Code Section 95A-302(p) to read as follows:
"The Department of Transportation shall be authorized to dispose of any State aircraft and apply the proceeds derived there from to the purchase of replacement aircraft when the Director of the Budget shall authorize such actions, notwithstanding any other provisions of law to the contrary.";
by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.";
by adding a Section 4 to read as follows:
"Section 4. All laws and parts of laws in conflict with this Act are hereby repealed."

On the adoption of the amendment, the yeas were 39, 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, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell 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 Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Warren Young

Those not voting were Senators:

Banks Bond Broun of 46th (excused conferee) Garrard

Holloway (excused conferee) McDowell Riley (excused conferee)

Robinson Timmons Tysinger

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 628. By Senators Barnes of the 33rd and McDuffie of the 19th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to provide that any individual or group policy of accident and health insurance, the person entitled to benefits or the person performing services under such policy, contract, plan or agreement shall be entitled to reimbursement on an equal basis for such services.

Senator Garrard of the 37th moved that SB 628 be committed to the Com mittee on Banking, Finance and Insurance.

On the motion, Senator Pearce of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brantley Coverdell Eldridge

Garrard Hill Howard Reynolds

Shapard Tate Warren

MONDAY, MARCH 1, 1976

2077

Those voting in the negative were Senators:

Ballard Barker Barnes Carter Dean of 6th Dean of 31st Doss Duncan Fincher Foster Gillis

Hamilton of 34th Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Pearce Russell Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Young

Those not voting were Senators:

Banks Bond Broun of 46th (excused conferee) Brown of 47th

Hamilton of 26th Holley Holloway (excused conferee) McDowell

Riley (excused conferee) Robinson Timmons Tysinger

On the motion, the yeas were 11, nays 33, and the motion was lost.

Senator Tate of the 38th offered the following amendment:
Amend SB 628 by striking the word and symbol "State." at the end of line 12 on Page 2, and inserting in lieu thereof the following:
"State. Also any insurance company accepting full premiums for expenses of specific reimbursable contractual services shall pay in full for those services notwithstanding reimbursements received from any other insurance company or companies."

On the adoption of the amendment, the yeas were 29, nays 4, and the amend ment was adopted.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to SB 628:

A BILL
To be entitled an Act to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to provide that any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan or agreement for hospital or medical services or indemnity, wherever such policy, contract, plan or agreement provides for reimbursement for any services which are in the lawful scope of practice of a duly licensed chiropractor or optometrist, the per son entitled to benefits or the person performing services under such

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JOURNAL OP THE SENATE,

policy, contract, plan or agreement shall be entitled to reimbursement for such services, whether the services are performed by a physician, chiropractor or optometrist duly licensed under the laws of this State; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 56-24, relating to the insurance contract in general, as amended, is hereby amended by adding a new Code Section at the end thereof, to be designated Code Section 56-2443, to read as follows:

"56-2443. Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of Code Chapter 56-17 relating to hospital service nonprofit corporations, as amended, or any provision of Code Chapter 56-18 relating to non profit medical service corporations, as amended, or any provision of a policy, contract, plan or agreement for hospital or medical services or indemnity, wherever such policy, contract, plan or agreement pro vides for reimbursement for any services which are in the lawful scope of practice of a duly licensed chiropractor or optometrist, the person entitled to benefits or person performing services under such policy, contract, plan or agreement shall be entitled to reimbursement for such services, whether the services are performed by a physician, chiropractor or optometrist duly licensed under the laws of this
State."

Section 2. This Act shall not apply to any policy, contract, plan or agreement in effect prior to September 1, 1976.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Garrard of the 37th offered the following amendment:
Amend the substitute offered by the Senate Committee on Banking, Finance and Insurance by striking all language in Section 1 after the word "agreement" on Page 2, line 7, and inserting the following "who is referred to a duly licensed chiropractor or duly licensed optometrist by a licensed physician shall be entitled to reimbursement for such service whether rendered by a physician, a chiropractor or an optometrist duly licensed under the law of this state.
This Section shall not prohibit group or blanket accident or sickness or accident and sickness insurance policies or contracts or certificates from providing reimbursement for services of a licensed chiropractor or licensed optometrists without the necessity of physician referral."
On the adoption of the amendment, Senator Holley of the 22nd called for the yeas and nays, and the call was not sustained.

MONDAY, MARCH 1, 1976

2079

On the adoption of the amendment to the committee substitute, the yeas were 21, nays 21, and the amendment offered by Senator Garrard of the 37th was lost.

On the adoption of the committee substitute, the yeas were 38, 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Brown of 47th Carter Dean of 6th
Dean of 31st Doss Duncan Fincher Foster Gillis Hamilton of 26th

Hamilton of 34th Hill Hudgins Hudson Kennedy Kidd Langford McDowell McDuffie McGill Pearce Robinson Russell

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

Those voting in the negative were Senators :

Bell Brantley Coverdell Garrard

Holley Howard Lester Lewis

Overby Reynolds Warren

Those not voting were Senators:

Banks Bond Broun of 46th (excused conferee)

Eldridge Holloway (excused conferee)

Riley (excused conferee) Tysinger

On the passage of the bill, the yeas were 38, nays 11.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Thompson of the 32nd moved that SB 628 be immediately transmitted to the House.

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JOURNAL OF THE SENATE,

Senator Coverdell of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 628.

The President stated that under the Rules of the Senate, the notice of motion to reconsider precludes the motion to immediately transmit.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th: A bill to amend an Act establishing the State Employees' Retirement System approved Feb. 3, 1949, so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.
Senator Lester of the 23rd moved that the Senate insist on the Senate sub stitute to HB 1378.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1378.
Senator Stephens of the 36th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing the following bill of the House:

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th 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 replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

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

HB 781. By Representative Greer of the 43rd:
A bill to amend Code Chapter 92-34, relating to the estate tax, so as to provide for the filing and time for filing of certain estate tax documents, to provide interest rates in certain instances, to provide a filing time for estate tax returns, to provide appraisal of estates by the State Revenue Commissioner in certain instances, to provide time of payment, and to provide interest rates in certain businesses. Referred to Committee on Banking, Finance and Insurance.

MONDAY, MARCH 1, 1976

2081

HB 1212. By Representatives Larsen of the 27th and Elliott of the 49th:
A bill to amend Code Chapter 27-14, relating to arraignment and pleas, so as to prohibit a judge from accepting a guilty plea unless the plea is voluntarily and intelligently made and certain matters appear from the record. Referred to Committee on Judiciary.

HB 1545. By Representatives Irvin of the 23rd, Sams of the 90th, Karrh of the 106th and others:
A bill to amend Code Chapter 113-10, relating to distribution, advance ments, and year's support, as amended, so as to provide the manner in which parties are identified on applications for year's support; to pro vide for orders for year's support awarding interests in real property and the contents, recording, filing, fees, and return thereof. Referred to Committee on Judiciary.
HB 1551. By Representative Howell of the 140th:
A bill to amend Code Section 34-605, relating to the qualifications of registrars and deputy registrars, so as to repeal the requirement that the chief registrar own or be the spouse of the owner of real property within the county. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
HB 1802. By Representatives Snow of the 1st, Irvin of the 23rd, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the procedures for filing articles of correction, from the superior court to the Secretary of State; to provide for certificates and certified copies of documents to be received in evidence. Referred to Committee on Judiciary.
HB 1902. By Representative 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 provide that credit in the amount of tax actually paid in a State which does not grant like credit for taxes paid in Georgia shall be given in respect to certain uses of tangible personal property. Referred to Committee on Banking, Finance and Insurance.

HB 1907. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Chapter 88-13 known as the "Georgia Radiation Control Act" so as to amend the policy declared; to provide certain re quirements relative to the administration of a radiation control program. Referred to Committee on Natural Resources and Environmental Quality.

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JOURNAL OF THE SENATE,

HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others:
A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.
Referred to Committee on Human Resources.

HB 1935. By Representative Gignilliat of the 122nd:
A bill to enact the Facade and Conservation Easements Act of 1976; to provide for definitions; to state the duration and means of acquisition of such easements; to provide for recordation; to require tax assessors to revalue encumbered property; to provide for appeals. Referred to Committee on Judiciary.

HB 1939. By Representative Logan of the 62nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes so as to provide that it shall be unlawful for any person not licensed under said Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name. Referred to Committee on Human Resources.

HB 1958. By Representative Larsen of the 119th:
A bill to amend an Act creating the Office of the Consumers' Utility Counsel to transfer the Consumers' Utility Counsel from the Public Service Commission to the Office of the Governor; to change the ap pointing authority from the Attorney General to the Governor; to pro vide that the Governor shall fix the compensation of the Counsel and his staff.
Referred to Committee on Consumer Affairs.

HB 1968. By Representative Phillips of the 59th:
A bill to amend an Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes so as to change the fine for violation of such resolutions. Referred to Committee on Transportation.
HB 1986. By Representatives Snow of the 1st, Egan of the 25th, Karrh of the 106th and others:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act" so as to add a provision concerning dividends or other distributions or payments to which a shareholder is entitled from a corporation organized under the Georgia Business Corporation Code. Referred to Committee on Judiciary.

MONDAY, MARCH 1, 1976

2083

HB 2015. By Representatives Pinkston of the 100th and Triplett of the 128th:
A bill to amend an Act providing for the incorporation by reference of various fiduciary powers into wills, trusts and other instruments in writing so as to repeal Section 3 of the Act. Referred to Committee on Judiciary.

HB 2021. By Representative Oxford of the 116th:
A bill to provide a new Charter for the City of Plains, Georgia, in the county of Sumter; to provide for the incorporation of said city as the City of Plains; to provide for corprate boundaries; to provide for the corporate powers of the government of the City of Plains, to be exercised by the governing authority.
Referred to Committee on County and Urban Affairs.

HB 2034. By Representative Sams of the 90th:
A bill to amend an Act authorizing counties to establish and maintain law libraries so as to change the provisions relating to the SecretaryTreasurer of the Board of Trustees; to change the provisions relating to financing the cost of establishing and maintaining law libraries. Referred to Committee on Judiciary.

HB 2049. 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 number of employees within the sheriff's office; to make the chief jailer a deputy; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 2078. By Representatives Childs of the 51st, Russell of the 53rd, Jordan of the 58th and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the corporate limits of the City of Atlanta. Referred to Committee on County and Urban Affairs.
HB 2085. By Representative Irvin of the 10th:
A bill to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits of said city. Referred to Committee on County and Urban Affairs.
HR 614. By Representatives Wheeler of the 152nd, Ross of the 76th, Jordan of the 58th and others:
A resolution creating the Education Laws Study Committee. Referred to Committee on Education.

2084

JOURNAL OF THE SENATE,

HR 619. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to pro vide that the services rendered by the Crisp County Power Commission and all property thereof located outside Crisp County shall not be subject to taxation and regulation as are privately owned and operated utilities. Referred to Committee on County and Urban Affairs.

HR 859. By Representatives Dixon of the 151st and Sweat of the 150th:
A resolution proposing an amendment to the Constitution so as to provide for the procedures for the recall of the Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education. Referred to Committee on County and Urban Affairs.
HR 861. By Representatives Knight of the 67th, Shanahan of the 7th, Elliott of the 49th and others:
A resolution creating the Curriculum Study Committee for the public schools of Georgia. Referred to Committee on Education.
HR 864. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, McCollum of the 134th and others:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority; to repeal a prior amendment ratified and adopted Nov. 3, 1970. Referred to Committee on County and Urban Affairs.

HR 883. By Representatives Davis and Tolbert of the 56th, Russell of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to fix the com pensation and other emoluments of the members of the county governing authority and the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, Coroner and Tax Commissioner of DeKalb County.
Referred to Committee on County and Urban Affairs.

HR 890. By Representatives Hawkins of the 50th, Snow of the 1st, Evans of the 84th and others:
A resolution commending Georgia Tech's Economic Development Labora tory, Georgia Power Company's Community Development Department, and the Georgia Municipal Association. Referred to Committee on Rules.

MONDAY, MARCH 1, 1976

2085

The following resolutions of the Senate were read and adopted:

SR 420. By Senators McGill of the 24th, Turner of the 8th, Russell of the 10th and others:
A resolution commending Mr. John Portman, Mr. Lynn Himmelman, Mr. Harry Mullikin, Mr. Joseph Guilbault and Mr. George Goodwin.

SR 421. By Senator Kidd of the 25th: A resolution commending Honorable W. J. "Bill" Usery, Jr.

SR 422. By Senator Banks of the 17th:
A resolution expressing regret at the passing of Mr. Richard Wright Watkins, Sr., of Jackson, Georgia.

SR 423. By Senator Banks of the 17th: A resolution commending Mr. J. Herman Andrews.

SR 424. By Senator Banks of the 17th: A resolution expressing regret at the passing of Mr. Samuel E. Taylor.

SR 425. By Senator Banks of the 17th:
A resolution expressing regret at the passing of Mr. James Doyle Jones, Jr.

SR 426. By Senator Banks of the 17th: A resolution commending Mr. Basil H. "Tubby" Usery.

SR 427. By Senator Banks of the 17th:
A resolution expressing regret at the passing of Mr. Davis Michael Alien.

SR 428. By Senator Banks of the 17th: A resolution commending Mr. Dick O'Hara.
SR 429. By Senator Banks of the 17th: A resolution expressing regret at the passing of Mr. Eschol "Pig" Moon, Sr.
SR 430. By Senator Banks of the 17th: A resolution expressing regret at the passing of Mrs. Josie Helms Guice.

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JOURNAL OF THE SENATE,

SR 431. By Senators Robinson of the 27th, Hamilton of the 26th, Kidd of the 25th and others:
A resolution expressing regrets at the passing of Mr. J. Royce Dobbs.

SR 432. By Senator Coverdell of the 40th:
A resolution commending Post 140 American Legion for its Bicentennial activities.

SR 433. By Senator Lewis of the 21st: A resolution commending WWGA Radio.

SR 434. By Senator Dean of the 31st: A resolution commending the Honorable Gwynne D. Maurer.

SR 435. By Senator Dean of the 31st: A resolution commending Mr. Gordon L. Heath.

SR 436. By Senator Dean of the 31st: A resolution commending Mr. John Whitlow Wyatt.

SR 437. By Senator Traylor of the 3rd: A resolution commending Sheriff Bobby Sykes.

Senator Starr of the 44th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 5:20 o'clock P. M., the President announced the Senate adjourned until 1:00 o'clock A. M. tomorrow.

TUESDAY, MARCH 2, 1976

2087

Senate Chamber, Atlanta, Georgia Tuesday, March 2, 1976.

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by the President.
Senator Timmons of the llth reported that the journal of yesterday's proceedings had been read and found correct.
Senator Coverdell of the 40th moved that the Senate reconsider its action of March 1 in passing the following bill of the Senate:

SB 628. By Senators Barnes of the 33rd and McDuffie of the 19th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to provide that any individual or group policy of accident and health insurance, the person entitled to benefits or the person performing services under such policy, contract, plan or agreement shall be entitled to reimbursement on an equal basis for such services.
On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Brantley Broun of 46th Coverdell Fincher

Garrard Holley Howard Overby

Those voting in the negative were Senators:

Barker Barnes Bond Brown of 47th Carter Dean of 6th Doss Duncan Eldridge Foster Gillis Hamilton of 26th

Hamilton of 34th Hill Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

Those not voting were Senators:

Ballard Bell Dean of 31st

Holloway Riley Russell

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

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JOURNAL OF THE SENATE,

On the motion, the yeas were 13, nays 34; the motion was lost, and SB 628 was not reconsidered.

Senator Stephens of the 36th moved that the Senate reconsider its action of March 1 in passing the following bill of the House:

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th 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 replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond

Hamilton of 34th Hudson

Stephens

Those voting in the negative were Senators:

Banks Barker 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 Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby

Pearce Reynolds Robinson Russell Shapard Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Ballard Bell

Dean of 31st Riley

Starr Young

On the motion, the yeas were 5, nays 45; the motion was lost and HB 1367 was not reconsidered.

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

TUESDAY, MARCH 2, 1976

2089

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:

HB 997. By Representatives Carter of the 146th, Harris of the 138th and Foster of the 152nd:
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 grant an exemption from sales and use tax to certain machinery and equipment used on the farm in the production of poultry, eggs, fluid milk or livestock.

HB 1379. By Representative Knight of the 67th:
A bill to amend Section 92-3102 of the Code of Georgia of 1933, as amended, relating to the rate of taxation of corporations and to corporate adjustments; to provide for the clarification of the nondeductibility of certain taxes paid by corporations.

HB 1613. By Representatives Coleman of the 118th, Foster of the 152nd, Matthews of the 145th and others:
A bill to provide that it shall be unlawful for the State, any branch, department, agency, board or commission of the State, any county, municipality, board of education, or other political subdivision, or any officer, agent or employee of any of the foregoing to purchase or authorize the purchase of beef under certain conditions.

HB 1648. By Representatives Jones of the 126th, Taggart of the 125th, Triplett of the 128th and others:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value" so as to provide for additional requirements relative to the meaning of fair market value.

HB 1683. By Representatives Crawford of the 5th, Cole and Foster of the 6th, and others:
A bill to amend Code Chapter 23-1, relating to the names and jurisdic tion of counties, so as to require county courthouses and the offices therein to remain open for the transaction of the public's business during normal working hours; to define normal working hours.
HB 1764. By Representatives Patten and Carter of the 146th and Matthews of the 145th:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to change the membership of the Georgia Agrirama Development Authority; to provide an effective date.

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JOURNAL OF THE SENATE,

HB 1957. By Representatives Sams of the 90th, Miles of the 86th, Hays of the 1st and others:
A bill to provide that no member of any board or commission of State Government shall be eligible to offer for nomination or election to any public office unless he shall resign his membership on such board or commission prior to qualifying for such elective office.

HB 2050. By Representatives Buck of the 95th and Berry of the 94th:
A bill to amend an Act providing for additional investments for municipalities, counties, school districts and other local units of government.

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

HE 813. By Representatives Scott of the 37th, Glanton and Parkman of the 66th and others:
A resolution creating the Full Employment in Georgia Study Committee.

HR 803. By Representatives Lambert of the 112th, Carlisle of the 71st and Lane of the 81st:
A resolution proposing an Amendment to the Constitution so as to authorize the General Assembly to provide for the receipt, administra tion, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, waterways, airports, and port facilities; to provide for the submission of this Amendment for ratification or rejection.
HR 611. By Representatives Snow of the 1st, Murphy of the 18th, Collins of the 144th and Harris of the 8th:
A resolution creating the Code Revision Study Committee.
The following resolutions of the Senate were introduced, read the first time and referred to committees:
SR 415. By Senators Gillis of the 20th, Turner of the 8th, McGill of the 24th and others:
A resolution creating the Health Education Study Committee. Referred to Committee on Human Resources.
SR 418. By Senator Foster of the 50th:
A resolution creating the Senate Water Resources Study Committee. Referred to Committee on Natural Resources and Environmental Quality.

TUESDAY, MARCH 2, 1976

2091

SR 419. By Senators Banks of the 17th, Shapard of the 28th and Hudson of the 35th:
A resolution creating the Services for the Aged Study Committee. Referred to Committee on Rules.

SR 438. By Senators Brantley of the 56th, Shapard of the 28th, Kennedy of the 4th and others:
A resolution creating an interim Senate Committee to investigate, study and research the problem of providing adequate correctional educational programs. Referred to Committee on Offender Rehabilitation.

SR 439. By Senator Kidd of the 25th: A resolution relative to the dedicated work of salespeople in Georgia.
Referred to Committee on Rules.

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

HB 997. By Representatives Carter of the 146th, Harris of the 138th and Poster of the 152nd:
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 grant an exemption from sales and use tax to certain machinery and equipment used on the farm in the production of poultry, eggs, fluid milk or livestock.
Referred to Committee on Banking, Finance and Insurance.

HB 1379. By Representative Knight of the 67th:
A bill to amend Section 92-3102 of the Code of Georgia of 1933, as amended, relating to the rate of taxation of corporations and to corporate adjustments; to provide for the clarification of the nondeductibility of certain taxes paid by corporations. Referred to Committee on Banking, Finance and Insurance.

HB 1613. By Representatives Coleman of the 118th, Foster of the 152nd, Matthews of the 145th and others:
A bill to provide that it shall be unlawful for the State, any branch, department, agency, board or commission of the State, any county, municipality, board of education, or other political subdivision, or any officer, agent or employee of any of the foregoing to purchase or authorize the purchase of beef under certain conditions.
Referred to Committee on Agriculture.

2092

JOURNAL OP THE SENATE,

HB 1648. By Representatives Jones of the 126th, Taggart of the 125th, Triplett of the 128th and others:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value" so as to provide for additional requirements relative to the meaning of fair market value. Referred to Committee on Banking, Finance and Insurance.

HB 1683. By Representatives Crawford of the 5th, Cole and Foster of the 6th, Dent of the 85th and others:
A bill to amend Code Chapter 23-1, relating to the names and jurisdic tion of counties, so as to require county courthouses and the offices therein to remain open for the transaction of the public's business during normal working hours; to define normal working hours. Referred to Committee on Judiciary.

HB 1764. By Representatives Patten and Carter of the 146th and Matthews of the 145th:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to change the membership of the Georgia Agrirama Development Authority; to provide an effective date. Referred to Committee on Agriculture.

HB 1957. By Representatives Sams of the 90th, Miles of the 86th, Hays of the 1st and others:
A bill to provide that no member of any board or commission of State Government shall be eligible to offer for nomination or election to any public office unless he shall resign his membership on such board or commission prior to qualifying for such elective office.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 2050. By Representatives Buck of the 95th and Berry of the 94th:
A bill to amend an Act providing for additional investments for municipalities, counties, school districts and other local units of gov ernment. Referred to Committee on Banking, Finance and Insurance.

HR 611. By Representatives Snow of the 1st, Murphy of the 18th, Collins of the 144th and others: A resolution creating the Code Revision Study Committee.
Referred to Committee on Judiciary.
HR 803. By Representatives Lambert of the 112th, Carlisle of the 71st and Lane of the 81st: A resolution proposing an Amendment to the Constitution so as to

TUESDAY, MARCH 2, 1976

2093

authorize the General Assembly to provide for the receipt, administra tion, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, waterways, airports, and port facilities; to provide for the submission of this Amendment for ratification or rejection.
Referred to Committee on Transportation.

HR 813. By Representatives Scott of the 37th, Glanton and Parkman of the 66th, and others:
A resolution creating the Full Employment in Georgia Study Com mittee. Referred to Committee on Industry, Labor and Tourism.

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 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 707. Do pass. HB 1103. Do pass. HB 1353. Do pass. HB 1670. Do pass. HB 1787. Do pass. HB 1813. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman.

Senator Stephens of the 36th District, Chairman of the (fommittee 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 670. Do pass.

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JOURNAL OF THE SENATE,

HB 1707. Do pass. HB 1847. Do pass.

Respectfully submitted, Senator Stephens of the 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 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 283. Do pass by substitute.

HB 1723. Do pass.

HB 1933. Do pass.

HB 1972. Do pass.

HB 2002. Do pass.

HB 2009. Do pass.

HB 2013. Do pass.

HB 2026. Do pass.

HB 2028. Do pass.

HB 2029. Do pass.

HB 2031. Do pass.

HB 2032. Do pass.

HB 2033. Do pass.

HB 2041. Do pass.

HB 2044. Do pass.

HB 2052. Do pass.

HB 2060. HB 2062. HB 2065. HB 2066.

Do pass. Do pass. Do pass as amended. Do pass.

HB 2068. Do pass.

HB 2070. Do pass.

HB 2074. Do pass as amended.

HB 2076. Do pass.

TUESDAY, MARCH 2, 1976

2095

HB 2077. Do pass. HE 804. Do pass. HR 806. Do pass. HR 812. Do pass. HR 846. Do pass.

Respectfully submitted, Senator Garrard of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions:
HB 541. Do pass. HB 583. Do pass. HB 1310. Do pass by substitute. HB 1408. Do pass. HB 1465. Do pass. HB 1467. Do pass. HB 1590. Do pass. HB 1591. Do pass by substitute. HB 1931. Do pass. HR 590. Do pass as amended. HR 591. Do pass.
Respectfully submitted, Senator Garrard of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 1542. Do pass.

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JOURNAL OF THE SENATE,

HB 1694. Do pass. HB 1466. Do pass. HB 1468. Do pass. HB 1469. Do pass. HB 422. Do pass as amended.
Respectfully submitted, Senator Kidd of the 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 of the House and has instructed me, as Chairman, to report the same back to the Senate the following recommendation:
HB 1921. Do pass. Respectfully submitted, Senator Carter of the 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 bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :

SR 380. Do pass.

HB 1478. Do pass.

HB 1639. Do pass.

HB 1446. HB 1278. HB 1560. HB 1753. HB 1561.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Fincher of the 54th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

TUESDAY, MARCH 2, 1976

2097

Mr. President:

Your Committee on Judiciary has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 918. Do pass. HB 1340. Do not pass. HB 1513. Do pass as amended. HB 1564. Do pass. HB 1773. Do pass. HB 1954. Do pass as amended. HR 490. Do not pass. HR 196. Do pass.
Respectfully submitted, Senator Overby of the 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 807. Do pass. HR 809. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman.
The following bills and resolutions of the Senate and House were read the second time:
SB 670. By Senator Pearce of the 16th: A bill to provide that all door-to-door sales in Georgia shall be made in compliance with Federal Trade Commission trade regulations; to provide for a definition of "door-to-door sales"; to provide for penalties.
SB 707. By Senators Holley of the 22nd and Lester of the 23rd: A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that in no instance shall the assessors consider the highest and best use of the property

2098

JOURNAL OF THE SENATE,

to be other than its actual and existing use as of January 1 of the tax year; to provide an effective date.

HB 1103. By Representative Ware of the 68th:
A bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance 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.
HB 1353. By Representatives Lambert of the 112th, Carlisle of the 71st and Knight of the 67th:
A bill to amend an Act authorizing counties and certain municipalities to levy a local sales tax under certain conditions, approved April 24, 1975 (Ga. Laws 1975, p. 984; Act. No. 598); to provide an effective date.

HB 1670 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 "Georgia Motor Vehicle Accident Reparations Act" so as to change the provisions relating to subrogation; to provide that insurers and self-insurers shall be subrogated only in certain events and only to certain extents.
HB 1707. 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 for Metric Standards of Measurement in determining the amount of distilled spirits which may be lawfully sold or possessed in certain circumstances.
HB 1787. By Representatives Beckham of the 89th, Calhoun of the 88th, and Sams of the 90th:
A bill to amend an Act authorizing the collection and payment of certain taxes on tangible property, other than motor vehicles, in installments, not to exceed four in number each tax year; to provide for the pro visions of said Act to apply to taxpayers who make annual tax returns to the State Revenue Commissioner.

HB 1921. By Representatives Davis, Tolbert, and Floyd of the 56th, and others:
A bill to repeal Code Section 32-1107, relating to the expense of elections to determine whether there shall be local taxation for the support of common or public schools; to repeal Code Section 32-1109, relating to elections on the question of local taxation for school purposes within municipalities maintaining a system of public schools by local taxation.

TUESDAY, MARCH 2, 1976

2099

HB 1813. By Representatives Murphy of the 18th, Kilgore of the 65th and Dover of the llth:
A bill to provide that the payment of certain ad valorem property taxes shall be a condition precedent to superior court jurisdiction in property tax litigation.

HB 1847. By Representative Greer of the 43rd:
A bill to amend Code Chapter 26-27 relative to gambling and related offenses so as to provide certain exceptions with respect to printed materials and related advertising materials for shipment out of the State of Georgia to governmental bodies lawfully using such materials.

HB 1469. By Representative Adams of the 36th:
A bill to amend an Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968 so as to delete the policy direction of State planning and programming from the responsibilities of the State Planning and Community Affairs Policy Board.

HB 1542. By Representatives Adams of the 36th and Knight of the 67th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to provide that the functions of the Bureau of State Plan ning and Community Affairs with respect to housing are transferred from the Dept. of Human Resources to the Bureau of Community Af fairs.

HB 1560. By Representatives Harris of the 138th, Marcus of the 26th, Edwards of the 110th and others:
A bill to amend Code Chapter 84-9, relating to medical practitioners so as to provide for the clinical clerkships for certain persons who have studied at foreign medical colleges; to provide that such clerkships shall be in lieu of certain requirements.

HB 1561. By Representatives Childers of the 15th, Burruss of the 21st, Hatcher of the 131st and others:
A bill to amend Code Section 88-1721, relating to correction and amend ment of vital records so as to provide authority and procedures for obtaining orders from the probate courts for certain changes in birth certificates; to provide for petitions, hearings, notices and orders.

HB 1639. By Representatives Linder of the 44th, Elliott of the 49th, Howard of the 19th and others:
A bill to provide that it shall be unlawful for any person to allow or require any person in his employment under 18 years of age to dis pense, serve, sell, deliver or take orders for any alcoholic beverage; to provide a penalty.

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JOURNAL OF THE SENATE,

HB 1694. By Representative Lane of the 40th:
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Council Act so as to add certain requirements to the qualifications for peace officers.

HB 1753. By Representatives Matthews of the 63rd, Carrell of the 75th, Logan of the 62nd and Milford of the 13th:
A bill to amend Code Section 88-1802, relating to definitions, as amend ed, so as to clarify the meaning of the term "project".

HB 1478. By Representatives Lambert of the 112th, Carlisle of the 71st, Linder of the 44th and Marcus of the 26th:
A bill to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title ("Marriage and Family Counselor Licensing Act"); to provide for declaration of purpose; to define certain terms; to provide for a Ga. Marriage and Family Coun selor Licensing Board, the appointment of its members and its powers and duties.

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 increase the membership of said board of commissioners; to provide for five commissioner districts.

SR 380. By Senators Starr of the 44th and Langford of the 51st:
A resolution endorsing the State of Georgia's attempt to seek authority from the United States Department of Health, Education and Welfare to test alternatives to nursing home care for Medicaid-eligible aged Georgians who do not require institutional care arrangements.
HB 422. By Messrs. Burton of the 47th, Larsen of the 27th and McKinney of the 35th:
A bill to create the State Board of Examiners of Water Well Contrac tors.
HB 1278. By Representative Linder of the 44th:
A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to revise, codify, consolidate, modernize and supersede the laws of this State relating to the practice of dentistry, to dentists, to dental hygienists, to dental assistants and others; to provide for definitions.
HB 1446. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising,

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superseding and modernizing pretrial, trial and certain post trial pro cedures in civil cases, known as the "Georgia Civil Practice Act"; to provide for an effective date.

HB 1466. By Representative Adams of the 36th:
A bill to amend an Act creating the Department of Commerce, so as to provide that the Bureau of Community Affairs has authority to recom mend reversal of denials by the Office of Planning and Budget in re gard to application by cities, counties, and area planning and develop ment commissions for federal funds.

HB 1468. By Representative Adams of the 36th:
A bill to amend an Act approved April 21, 1969 creating the State Building Administrative Board, so as to provide for the substitution of the Commissioner of the Department of Human Resources or his designee for the Director of the Department of Public Health as an ex officio member of the Board.

HB 1723. By Representatives Colwell and Twiggs of the 4th and Dover of the llth:
A bill to authorize the governing authorities of the counties comprising the Mountain Judicial Circuit to supplement the salary of the Judge of the Superior Courts of such Circuit from county funds.

HB 1933. By Representative Vaughn of the 57th:
A bill to amend an Act creating and establishing a new charter for the City of Lithonia so as to change the amount of fines which may be im posed by the recorder's court.

HB 1972. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to provide for an increase in the compensation of certain county officers and employees of Bulloch County.

HB 2002. By Representatives Parkman and Glanton of the 66th:
A bill to provide for the election of the members of the Board of Educa tion of Carroll County; to provide for education districts and the reapportionment thereof; to provide for the manner of electing members to the board; to provide for definitions; to provide for residency require ments.

HB 2009. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe and creat ing a new charter for said city so as to change the corporate powers of the city; to change the provisions relating to the granting of franchises and the making of contracts for public utilities and public services.

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HB 2013. By Representatives Rush of the 121st, Fraser of the 139th and Clifton of the 107th:
A bill to provide for an additional secretary for the office of the District Attorney of the Atlantic Judicial Circuit; to provide for the employ ment, powers, duties, qualifications and compensation of such secre tary; to provide an effective date.

HB 2026. By Representatives Hutchinson of the 133rd, White of the 132nd, McCollum of the 134th and Hatcher of the 131st:
A bill to amend an Act creating a new charter for the City of Albany so as to give to the City of Albany jurisdiction and authority over certain properties heretofore conveyed by the State of Ga. to the City of Albany known as Chehaw Park, located partly in Dougherty County and partly in Lee County beyond the corporate limits of the city.

HB 2028. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Nunez in the County of Emanuel so as to change the terms of office of the mayor and alder men of said town from one year to two years.

HB 2029. By Representatives Dover of the llth and Irvin of the 10th:
A bill to amend an Act incorporating the Town of Cornelia so as to increase the maximum amount of punishment for violation of ordinances and contempt of court by increasing the maximum amount of fine which may be imposed and by increasing the maximum number of days for which a person may be sentenced to serve in jail.

HB 2031. By Representative Ross of the 76th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County so as to place the tax commissioner on an annual salary; to provide for clerical help; to provide for public funds and fees; to pro vide an effective date.

HB 2032. By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of Probate Court of Warren County so as to authorize the judge of probate court to employ clerical help; to provide for the compensation and duties of such clerical help.

HB 2033. By Representatives Colwell and Twiggs of the 4th:
A bill to provide for the election of the members of the Board of Educa tion of Lumpkin County; to provide for the appointment of the county school superintendent of Lumpkin County by the Board of Education of Lumpkin County.

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HB 2041. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the corporate limits of said city.

HB 2044. By Representative Oxford of the 116th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary so as to increase the compensation of the clerk and deputy clerks.

HB 2052. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a new Board of Education of Grady County so as to change the compensation of the members of the board of education; to provide additional compensation for that member elect ed to serve as chairman of the board of education.

HB 2060. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide a new charter for the City of Valdosta and to repeal existing charters; to define the limits of the City; to provide definitions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor and council.

HB 2062. By Representative Hanner of the 130th:
A bill to amend an Act placing the Sheriff of Terrell County, Georgia, on an annual salary in lieu of the fee system of compensation so as to change the minimum compensation of the Deputy Sheriff of Terrell County.

HB 2065. 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 commissioner; to pro vide an effective date.

HB 2066. By Representative Jessup of the 117th:
A-bill to amend an Act authorizing the employment of a certified ac countant to audit all county books annually for the County of Bleckley so as to change the provisions relative to the date for said audit.

HB 2068. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners for Houston County so as to change the provisions relative to filling vacancies.

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HB 2070. By Representatives Kreeger and Burruss of the 21st, Nix 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; to change the date on which elections shall be held to elect a mayor and seven councilmen for the City of Smyrna.

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.

HB 2076. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a Board of Commissioners for the County of Grady so as to change the terms of office of the commission ers on said board and provide for staggered terms; to define the manner of fixing the salary of the chairman of said board.

HB 2077. By Representative Sweat of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville so as to change the provision relating to municipal general elec tions; to change the provisions relating to the terms of office of the mayor and alderman.

HR 804. By Representative Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to pro vide that effective Jan. 1, 1979 the Judge of the Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise pro vided by law.

HR 806. By Representative Praser of the 139th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection.

HR 812. By Representatives Snow of the 1st, Peters of the 2nd and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to create the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; to provide for the submission of this amendment for ratification or rejec tion.

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HR 846. By Representatives Cole and Foster of the 6th and Leonard of the 3rd:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create by law a Small Claims Court for Whitfield County; to provide for the submission of this amendment for ratification or rejection.

HB 541. By Representative Ham of the 80th:
A bill to provide for the manner and method of disclosure of fees and reimbursable expenses paid by the city, county, municipality or municipal corporation, or by any authority, created, authorized, or provided for by State law, or by any board, bureau, commission, committee, depart ment, institution, office, retirement system, or any other agency of the State of Ga.

HB 583. By Representative Ham of the 80th:
A bill to amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court so as to authorize superior court clerks in all counties to invest certain funds deposited in the registry of the court.

HB 918. By Representative Larsen of the 27th:
A bill to amend Code Section 53-503, providing a wife is a feme sole as to her separate estate, as amended by an Act approved Mar 14, 1969, so as to authorize a married woman to act as a surety on bail bonds in criminal cases for persons other than her husband.

HB 1408. By Representative Stone of the 138th:
A bill to amend Code Chapter 92-49, relating to tax collectors' duties in general, as amended, so as to permit the receipt by tax commissioners and tax collectors, without personal liability, of checks and money orders; to provide a time of payment; to provide for taxpayer liability.
HB 1465. By Representative Adams of the 36th:
A bill to amend an Act creating the State Planning Programming Bureau so as to delete authority for planning activities of local govern ments.
HB 1467. By Representative Adams of the 36th:
A bill to create within the Bureau of Community Affairs a State Office of Housing Section; to provide for the appointment of the Director of said Section; to provide for the duties and functions of said Section.
HB 1513. By Representatives Crawford of the 5th, Snow and Hays of the 1st, 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

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of the Judicial Council of Ga. to ascertain whether or not any district attorney 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 1564. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd:
A bill to amend an Act known as the "Children and Youth Act", so as to provide that a child committed to the Dept. of Human Resources who has escaped from one of its institutions or who has broken the conditions of a conditional release shall be taken into custody by a sheriff, probation officer or parole officer upon written request of an employee of the Department.

HB 1590. By Representatives Childs of the 51st, Davis and Tolbert of the 56th and others:
A bill to abolish the offices of notary public ex officio justice of the peace in DeKalb County.

HB 1591. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying fee for such office; to provide for current justices of the peace; to provide for the intent and application of this Act.

HB 1773. By Representatives Childs of the 51st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 53, relating to husband and wife, as amended, so as to change the minimum age provisions for marriage licenses; to provide for the destruction of the physician's certificate of pregnancy of the female for underaged marriages; to change the provisions relative to parental consent to marriage.

HB 1931. By Representative Connell of the 87th:
A bill to amend an Act incorporating the Protestant Episcopal Society of Augusta and County of Richmond.
HB 1954. By Representatives Snow of the 1st, Karrh of the 106th, Evans of the 84th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to correct certain typographical errors; to make certain technical changes.
HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro-

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vide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person and that such person shall not become eligible for parole at any time.

HR 590. By Representatives Davis and Tolbert of the 56th, Childs of the 51st and others:
A resolution proposing an amendment to the Constitution so as to pro vide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Superior Court of DeKalb County appointing a successor to serve out the unexpired term.

HR 591. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the justices of the peace in DeKalb County shall have jurisdiction.

HR 807. By Representatives Culpepper of the 98th and Walker of the 115th:
A resolution authorizing the conveyance of certain State-owned real property located within Macon County to the Macon County Recreation Commission; authorizing the sale and transfer of certain State-owned surplus personal property to the Macon County Recreation Commission.

HR 809. By Representatives Mann, Clark, and Milford of the 13th and Russell of the 64th:
A resolution authorizing the conveyance of certain State property owned by the Board of Regents of the University System of Georgia.

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 1819. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others: A bill to create the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 1967. By Representative Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners in the coun ties of Floyd, Berrien, Effingham, Schley, Sumter and Greene so as to change the provisions relating to the compensation of members of the Board of Commissioners of Schley 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 yeas were 50, nays 0.

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

HB 1969. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act fixing the compensation of the Judge of the Juvenile Court of Clarke County so as to change the compensation of the judge; 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 yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1970. By Representatives Mostiler and Carlisle of the 71st: A bill to fix the salary of the coroner in all counties of this State hav ing a population of not less than 35,000 and not more than 44,000 ac cording to the U.S. Decennial Census of 1970 or any future such census; to provide for the payment of the salary of the coroner out of the funds of such counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1971. By Representatives Mostiler and Carlisle of the 71st: A bill to fix the salary of the tax commissioner in all counties of this State having a population of not less than 35,000 and not more than

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44,000 according to the U.S. Decennial Census of 1970 or any future such census; to provide for the payment of such salary out of 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 yeas were 50, nays 0.

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

HB 1973. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary so as to change the compensation of the clerk's 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 yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1974. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act creating a board of commissioners of Bulloch County so as to change the compensation of the chairman and clerk; to change the compensation of other members of the board; to change the compensation of the clerical assistants.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1975. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act creating the office of tax commissioner of Bulloch County so as to change the compensation of the tax commis sioner's assistants; to provide an effective date.
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 yeas were 50, nays 0.

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

HB 1976. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the coroner of Bulloch County upon an annual salary so as to change the compensation of the coroner.

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

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

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

HB 1977. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act creating the State Court of Bulloch County so as to change the compensation of the judge and solicitor of said court.

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

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

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

HB 1978. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the sheriff of Bulloch 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 yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1979. By Representatives Nessmith of the 82nd and Lane of the 81st: A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary so as to change the compensation of the clerical employees of the judge of the probate court.

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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 yeas were 50, nays 0.

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

HB 1981. By Representatives Carlisle and Mostiler of the 71st, West of the 72nd and others:
A bill to amend an Act creating a Board of Commissioners of Fayette County so as to change the number of members of the board of com missioners; to change the provisions relating to election of members of the board.

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

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

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

HB 1982. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the State Court of Hall County so as to change the compensation of the judge and solicitor of said court.

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

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

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

HB 1984. By Representatives Kreeger and Burruss of the 21st, 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 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 yeas were 50, nays 0.

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

HB 1985. By Representative Bray of the 70th:
A bill to amend an Act creating a new charter for the Town of Luthersville so as to change the 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 yeas were 50, nays 0.

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

HB 1988. By Representatives Johnson, Bailey, Lee and West of the 72nd:
A bill to provide that the governing authority or the county fiscal agent in all counties of Ga., having a population of not less than 90,000 or more than 140,000 is authorized to expend tax funds for the purpose of the preparation of dead bodies for interment and the interment of paupers and indigents upon the governing authority's order for the disposition of such bodies.

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

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

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

HB 1994. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Cour 1: nnd the Judge of the Probate Court of Glynn County and placing said officers on an annual salary so as to change the provisions relative to the compensation of the deputies 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 yeas were 50, nays 0.

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

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HB 1996. By Representatives Carter and Patten of the 146th:
A bill to amend an Act creating a Board of Commissioners of Tift County so as to change the compensation of the chairman of said board of commissioners; 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 yeas were 50, nays 0.

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

HB 1997. By Representatives Snow and Hays of the 1st, Peters of the 2nd and others:
A bill to amend an Act incorporating the Town of Fort Oglethorpe so as to change the provisions relating to the compensation of aldermen; 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 yeas were 50, nays 0.

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

HB 1998. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County so as to change the total amount which deputies, clerks, assistants and other personnel may receive.

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

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1999. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others: A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Walker County and providing in lieu

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thereof an annual salary so as to change the total amount which deputies, clerks, assistants and other personnel might receive.

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

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

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

HB 2000. By Representatives Gignilliat of the 122nd, Battle of the 124th, Hill of the 127th and others:
A bill to provide that the Board of Commissioners of certain counties (population 170,000-195,000) may increase the membership of the Board of Zoning Appeals; 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 yeas were 50, nays 0.

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

HB 1839. By Representatives Williamson of the 45th, Tolbert and Floyd of the 56th and others:
A bill to provide the circumstances in certain counties (population 400,000-500,000) under which receipts for certain tax payments need not be furnished the taxpayer.

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

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

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

SB 695. By Senator Stumbaugh of the 55th:
A bill to create the DeKalb County Airport Authority; to declare the need for such Airport Authorities; to declare the purposes and objec tives of this Act; to define certain terms; to provide for the membership of each such Authority; to provide for the terms of office of each such Authority.

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The Senate Committee on County and Urban Affairs offered the following amendment:

Amend SB 695 by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:

"Section 5. Members of the Authority. The Authority shall be composed of seven members, six of whom shall be appointed by the Board of Commissioners of DeKalb County as hereinafter set out, and a seventh member appointed by the Authority, The Authority shall be composed of seven posts."

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 695 by striking subsection (c) of Section 13 in its en tirety and inserting in lieu thereof a new subsection (c) of Section 13, to read as follows:
"(c) To request the county to exercise the power of eminent domain to acquire any private real property or any rights or in terests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The Authority shall pay for any property condemned under this power from its own funds and in proceedings to condemn pur suant to this Section, the court having jurisdiction of the suit, ac tion, or proceeding may enter such orders regarding the payment for such property or interest therein as may be fair and just to the county, the Authority and to the owners of the property being condemned. Any such procedure may suggest the method of pay ment to persons who shall own or have an interest in the property by the Authority."

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 695 by striking subsection (e) of Section 13 in its entirety and inserting in lieu thereof a new subsection (e) of Section 13', to read as follows:
"(e) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come

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under its control under the provisions of this Act, or which it may acquire or plan to acquire, and to regulate, protect and police such airports and all related activities and facilities, and to enter into any contracts, leases or other agreements, promulgate any orders, set any tolls, fees or other charges for the use of its property or services and collect and use same as necessary to operate the air ports under its control and to accomplish any purposes of this Act, and make any purchases or sales necessary for such purposes."

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 695 by adding a new subsection at the end of Section 13, to be designated subsection (w), to read as follows:
"(w) Notwithstanding any other provision of this Act to the contrary, the Authority shall not:
(1) sell aviation or jet fuel;
(2) own or maintain aircraft or perform maintenance on air craft owned by others;
(3) engage in flight instruction, flight charter, or other aircraft for hire business;
(4) perform maintenance on radios, propellers or other air craft accessories; or
(5) lease additional tie-down or T-hangar space for individual aircraft, except to businesses engaged as fixed-based operators."
On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 695 by striking subsection 13-R in its entirety and re number accordingly.

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

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

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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 1983. By Representative Bray of the 70th:
A bill to amend an Act incorporating the Town of Gay in Meriwether County and granting certain powers and privileges to said town so as to change the terms of office of the mayor and councilmen; to change the provisions relative to the date of election.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1983 by striking from Section 1, on line 20 of Page 1, the following:
"in each year",
and inserting in lieu thereof the following:
"every two years".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

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

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

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

SB 708. By Senator Banks of the 17th: A bill to provide a new charter for the City of Meansville; to provide for all matters relative thereto.
Senator Banks of the 17th offered the following substitute to SB 708:
A BILL
To be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia per-

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taining to the Town of Meansville, in the County of Pike; to provide a new charter therefor and to change the name of the Town of Means ville to the City of Meansville; to organize the municipal government thereof; to prescribe the corporate limits; to provide for a mayor and council of the city and their function, authority, powers, duties, qualifi cations and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifi cations, duties, authority and compensation of the officers and em ployees of the city; to provide for the authority of the mayor and council over said officers and employees; to create certain boards, commissions and departments and provide for the creation and regula tion of others; to prescribe the qualifications of electors and voters, and the manner of holding elections in the city; to provide for the registration of voters; to prescribe the qualifications of candidates for municipal elections; to establish a police court and provide for appoint ment of a recorder as presiding officer thereof; to establish the jurisdic tion, powers and duties of the recorder; to prescribe procedures for the annexation of territory and the rights of residents in territory pro posed to be annexed; to provide for public works and local improvements, and the levy of assessments therefor; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and the repeal of conflicting laws, and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act, and for the violation of ordinances and regula tions enacted pursuant thereto; to repeal an Act creating a new charter for the Town of Meansville in the County of Pike, approved August 6, 1913 (Ga. Laws 1913, p. 1055), as amended; to repeal certain other Acts affecting said city; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

ARTICLE I. GENERAL PROVISIONS

Section 1-1. Incorporation; Name, Style and Designation. The City of Meansville, in Pike County, heretofore made a body politic and corporate by Acts of the General Assembly of said State, under the name of the Town of Meansville, shall continue a body politic and, corporate, known by the corporate name of the "City of Meansville," hereinafter also referred to as "the city".

Section 1-2. City's Powers as Body Politic and Corporate. As a body politic and corporate, the city shall have power to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and bylaws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this State, or of the United States, with power in and by its corporate name to sue and be sued, plead and be impleaded in all courts, have and use a corporate seal, buy, hold, exchange, sell

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and convey property, mak'e all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its mayor and councilmen, shall have all of the powers and privileges incident to municipal corporations under the laws of the State, and all other powers necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city.

Section 1-3. Corporate Limits Designated. The corporate limits of said city shall be as follows: The center beginning at the Southern Railroad Depot, thence running northwesterly along Southern Railroad to northwest corner at first railroad crossing north of depot where the public road crosses the railroad, known as the Ferguson Crossing; thence running in a straight line in an easterly direction to corner of lands of B. A. Means, Miss Mary Kelly and Mrs. M. A. Nelson, making northeast corner, being about two hundred yards north of the public road running from Meansville to Barnesville; thence running south in a straight line on the land line between lands of Mrs. M. A. Nelson on the east side and lands of Miss Mary Kelley, J. A. Barrow and Means and Reeves on the west side to the Southern Railroad; thence southward along Southern Railroad to north end of Southern Railroad, trestle, said trestle being first trestle south of depot and making south east corner; thence running in a straight line westerly to culvert in public road running from Meansville to Molena, said culvert being the nearest one to residence of W. M. Coker and making southwest corner; thence running in a straight line northerly to Southern Railroad crossing known as Ferguson Crossing at starting point at northwest corner.

Section 1-4. Conveyance of Property Sold Under Process of City. Whenever any real property is sold under any process of the city, the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption, within the period allowed by'law, of property sold under execution for State and county taxes.
Section 1-5. Interest in Contracts, Purchases, Sales Prohibited. Neither the mayor, nor any member of the council, nor any city officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible.
ARTICLE II. MAYOR AND COUNCIL
Section 2-1. Mayor, Five Councilmen Elective Officers of City. The elective officers of the city shall consist of a mayor and five (5) councilmen who at the time of their election must be qualified and registered voters of said city. The mayor and councilmen now in office shall serve until their first election held in the city after the adoption of this charter, and until their successors are elected and qualified as provided in Sections 2-2 and 2-3.

Section 2-2. Terms of Councilmen. All councilmen shall be elected

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for terms of four (4) years, shall take office on the first Thursday in January immediately succeeding their election; provided, however, that at the first election held in the city after the adoption of this charter, being the first Thursday in January 1977, five (5) councilmen shall be elected, the three (3) candidates receiving the highest number of votes to be elected for four-year terms and the next two (2) candidates to be elected for two-year terms. There shall be an election each two (2) years so that the terms of councilmen shall remain staggered as herein provided. Councilmen shall serve until their successors are elected and qualified.

Section 2-3. Term of Mayor. The mayor shall take office on the first Thursday in January immediately succeeding his election and shall serve for a term of two (2) years and until his successor is elected and qualified.

Section 2-4. Residence Requirements; Effect of Change of Resi dence. Should a councilman or the mayor remove his residence from the city, such removal shall effect an automatic vacancy in the office held by the person so moving to be filled as provided in Sections 2-5 or 2-6, whichever is applicable.

Section 2-5. Vacancy in Office of Mayor. In the event the office of mayor shall become vacant by death, resignation, removal or other wise, the mayor pro tern, shall act as mayor during the balance of said term and exercise all the rights and powers of the mayor during said term; provided, that at the time of such vacancy, there shall be not more than six (6) months before the expiration of said mayor's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired
term caused by said vacancy shall be elected.

Section 2-6. Vacancy in Council. A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy there shall be not more than six (6) months before the expiration of said councilman's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections and at which special election a successor for the unexpired term caused by said vacancy shall be elected.
Section 2-7. Oath of Office. The mayor and council shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath:
"I do solemnly swear that I will faithfully and uprightly de mean myself as mayor (or member of council) of the City of Meansville during my continuance in office; that I will to the utmost of

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my skill and ability promote the interest and prosperity of said city; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof, so help me God."

Section 2-8. Salary of Mayor. The mayor shall receive a salary not exceeding one thousand dollars ($1,000.00) per year, as the council may fix by ordinance or resolution; provided, however, that any salary so designated for a mayor shall not be effective during the term of office of the mayor then in office.

Section 2-9. Salaries of Councilman. Each councilman shall receive a salary not exceeding five hundred dollars ($500.00) per year, as the council may fix by ordinance or resolution; provided, however, that any salaries so designated for councilman shall not be effective during the terms of office of the councilman then in office.

Section 2-10. Mayor and Council Constituted Governing Body of City. The mayor and council shall constitute the legislative and govern ing body of the city, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority granted by this charter.

Section 2-11. Appointment, Authority of Mayor Pro Tern. The council shall appoint a mayor pro tern, from the members of the council who shall in the absence of the mayor have all the power vested in the mayor by this charter.

Section 2-12. Meetings; Quorum Fixed. The mayor and council shall meet once each month at such place as fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. Three (3) members shall constitute a quorum.

Section 2-13. Duty, Authority of Mayor to Convene Council. The mayor shall convene the council when so requested, in writing, by a majority of the members thereof, or when it seems to be important to the welfare of the city; provided, however, that in the event the mayor refuses to convene the council when requested to do so as provided above, the council shall have the power and authority upon direction of an absolute majority thereof to call itself into session.

Section 2-14. Mayor as Presiding Officer of Council. The mayor of the city shall be the presiding officer of the council, and cast the deciding vote in case of a tie.

Section 2-15. Meetings to be Public; Exception. All meetings of the mayor and council shall be in public, except such executive sessions as may be provided by ordinance.

Section 2-16. Rules and Order of Business. The mayor and council shall have the power to establish its own parliamentary rules and order of business.

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Section 2-17. Minutes of Proceedings to be Kept. The mayor and council shall keep minutes of its proceedings in a special minute book kept for that purpose.

Section 2-18. Access to Minutes, Records of Meetings. Any citizen shall have access to the minutes and records of meetings of the mayor and council at all reasonable times, at the office of the city clerk.

Section 2-19. Approval of Ordinances by Mayor; Effect of Lack of Approval. All ordinances adopted by the mayor and council shall be signed and approved by the mayor, but any ordinance shall become law without the signature of the mayor unless the mayor within four (4) days after its enactment shall deliver to the city clerk his written veto thereof.

Section 2-20. Veto Power of Mayor. The mayor shall have the veto power and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four (4) councilmen on a yea and nay vote, duly recorded on the minutes of the council; but un less the mayor shall file in writing with the city clerk his veto of any measure passed by that body with reasons which impel him to withhold his assent within four (4) days of its passage, the same shall become a law just as if approved and signed by the mayor.

Section 2-21. Mayor as Presiding Officer of "Police Court". Until such time as the office of recorder is established and a recorder is selected, the mayor shall preside over the police court for the trial of offenders against the ordinances of the city, and shall have power to impose such fines as are provided for in this charter.

Section 2-22. Authority of Mayor to Remit, Reduce Pines, to Parole Offenders. As presiding officer of the police or recorder's court, the mayor shall have the power and authority to remit or reduce the fines imposed in the police court of the city upon persons convicted therein for violating any of the laws or ordinances of said city, and shall also have the authority to parole on good conduct persons convicted in said court of violating the laws and ordinances of said city, under such rules and regulations as the mayor and council may by ordinance
prescribe.

Section 2-23. Mayor to Sign Deeds and Contracts. The mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the mayor and council duly assembled
in their corporate capacity.

Section 2-24. Mayor and Councilmen as Justices of the Peace. The Mayor and each member of council shall have all the powers of a justice of the peace to issue warrants, try and commit to the superior court in Pike County for trial all violators of the laws of this State for offenses committed within the corporate limits of the city.

Section 2-25. Recall of Mayor, Councilmen. The mayor and council-

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men of the city, or any of them, shall be subject to recall and removal from office as provided in Article IX of this charter.

ARTICLE III. CITY OFFICERS AND EMPLOYEES

Section 3-1. Designation, Term Generally. At the first regular meeting of the mayor and council after its qualification, or as soon thereafter as practicable, the following municipal officers of the city shall be elected by the mayor and council and shall hold their office for a term of one (1) year and until their successors are elected and qualified, to wit: An attorney, a clerk of council, a city treasurer, three (3) city tax assessors, a police force, and such other officers, heads of departments and their assistants as are deemed necessary and appropriate; provide however, that the offices of clerk of council and city treasurer can be combined and filled by one person. Elections hereunder for said officers shall be held at the first meeting of the mayor and council after their qualification, or as soon thereafter as practicable.

Section 3-2. Selection of Officers, Prescribing Duties Fixing Com pensation. The mayor and council of the city shall have the right to elect such municipal officers besides those specified in this Article, as to them seem necessary and proper therefor when necessary, by or dinance, and in the same manner prescribing their duties and fix their compensation.

Section 3-3. Qualifications for Appointive Office. Any person who has attained the age of eighteen (18) years and is a qualified voter in the City of Meansville, shall be eligible to hold any appointive office; provided, however, that the mayor and council shall have the authority to waive the foregoing eligibility requirements when they deem it to be in the best interests of the city to do so.

Section 3-4. Oath of Office, Bond. All officers and employees of said city shall be required to take such oath to properly perform their duties, and to give such bond, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public for any loss or damage by reason of their default, misfeasance, malfeasance, nonfeasance or negligence, as the mayor and council may by ordinance prescribe.

Section 3-5. Compensation. Each of the officers of the city shall receive such compensation as the mayor and council may by resolution or ordinance prescribe; provided, however, that the salaries of all city officers, when fixed and determined by the mayor and council in the manner prescribed in this Act, and in the manner prescribed by the laws and ordinances of the city, shall not be diminished during the terms of office for which such officers are elected.

Section 3-6. Duties. In addition to the duties prescribed in this Article, each of the officers of the city shall perform such other duties as may be provided by the mayor and council by ordinance.

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Section 3-7. Vacancy in Office. In the event of a vacancy occurring in any of the offices enumerated in this Article, or in any other office created by the mayor and council, an election to fill the unexpired term shall be held by the mayor and council within fifteen (15) days there after, or at such other time as the mayor and council shall designate.
Section 3-8. Suspension by Mayor. Each of the officers provided for herein shall at all times be subject to suspension for cause, by the mayor, in his discretion but such suspension shall be reported within ten (10) days to the council for action on their part, under the pro visions of this charter.
Section 3-9. Suspension, Fine, Removal From Office; Authority of Mayor and Council. All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the council and amenable to its discipline, and said mayor and council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the mayor voting, for any cause that may seem just and proper, after a fair notice and opportunity to be heard.

Section 3-10. Duties of City Clerk, (a) Designation as clerk of council, ex officio clerk. The city clerk shall be the clerical officer of the council and shall be the keeper of the seal of the city; he shall also be ex officio clerk of the police court of the city, and attend its sessions; he shall be ex officio tax collector of said city; he shall also be ex officio clerk of the board of tax assessors, and he shall be ex officio clerk or secretary of any other board of said city, created under the provisions of this charter or that may be created and established under the laws and ordinances of the city.

(b) Duties as clerk, ex officio clerk. The duties of the city clerk as clerk of the council and ex officio clerk of the police court, as ex officio tax collector, and as ex officio clerk or secretary of any board or commission of the city, shall be such as are prescribed in this charter and as shall be prescribed under and by the laws and ordinances of the city and by the mayor and council. In addition, the mayor and council may provide by ordinance that the city clerk perform the duties as the city treasurer.

Section 8-11. Duties of City Treasurer. In the event the mayor and council deem it necessary and advisable to provide for and appoint a city treasurer, it shall be the duty of the city treasurer to receive and safely keep all monies and funds of the city that may come into his hands from every source; to keep separate accounts of same as may be provided or required under and by the laws and ordinances of the city; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and or dinances of the city. The city treasurer shall also be ex officio tax receiver of the city, and as such shall receive the returns of property for taxation in the city at such times and under such rules and regula tions, laws and ordinances as the mayor and council shall prescribe and enact; and he shall perform any and all further duties as city treasurer and as city tax receiver as the mayor and council shall by ordinance prescribe.

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Section 3-12. Authority, Duties of City Attorney, (a) Authority. The city attorney shall be the legal representative of the city and the legal advisor thereof, and shall represent the city in all matters in which the city is interested or involved.

(b) Duties. The duties of the city attorney shall be such as are required by the ordinances and laws of the city and by the direction of the mayor and council.

(c) Additional counsel. Whenever in the judgment of the mayor and council, it shall be advisable to employ additional counsel to assist the city attorney, authority to do so is hereby conferred upon the mayor and council.

Section 3-13. City Tax Assessors, (a) Selection, term. The mayor and council shall, at their first meeting in January of each year, elect three (3) persons, citizens and qualified voters of said city and owners of real estate therein, as city tax assessors, whose terms of office shall be one (1) year.

(b) Oaths, compensation. The city tax assessors shall take such oaths and receive such compensation as the mayor and council may prescribe.

(c) Vacancies. All vacancies occurring in the office of city tax assessor from any cause may be filled by the mayor and council at any time.

(d) Rules for government. The mayor and council shall have the authority to prescribe rules for the government of said city tax assessors.

(e) Assessment of property. It shall be the duty of said tax asses sors to assess the fair market value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the fair market value therefor is too small. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordi nance direct.

(f) Authority to require information. The city tax assessors shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and in vestments whenever in their opinion the same is necessary for a correct assessment and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so.

(g) Ordinances to implement Section. The mayor and council shall have the power and authority to pass such ordinances as are required to accomplish the purposes of this Section.

(h) Appointment of a full-time assessor. In lieu of the city tax

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assessors provided for herein the mayor and council may provide by ordinance for the appointment of one (1) tax assessor, who shall devote full time to his office and who shall perform the duties herein provided for the tax assessors, and such other duties as shall be prescribed by ordinance of the mayor and council.

Section 3-14. Police, (a) Selection. At its first regular meeting after qualification, or as soon thereafter as practicable, the mayor and council shall elect one (1) chief of police, one (1) assistant chief of police and as many additional policemen or detective force as in the judgment of the said mayor and council may seem proper and necessary.

(b) Term of office. Said officers shall be elected for a term of one (1) year and until their successors have been appointed and quali fied.

(c) Oath of office. Said officers shall take and subscribe such oaths as the mayor and council may prescribe.

(d) Bond. Said officers shall give bond with good and sufficient security to be approved by the mayor and council of the city in such amount as may be determined upon by the mayor and council for the faithful performance of their duties and to account for all monies that may come into their hands as such officers of the city.

(e) Compensation. Said officers shall be paid such compensation as may be prescribed by the laws and ordinances of the city; provided, however, that said officers shall receive, in addition to such salaries as may be fixed and prescribed by the mayor and council, such fees and commissions as may be prescribed by the laws and ordinances of the city, and by the mayor and council.

(f) Suspension, removal. The mayor and council of the city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty, failure to perform his duty, insubordina tion, incapacity, conduct unbecoming an officer or a gentleman, for other good and sufficient cause or reason, to be adjudged by the mayor and council. The mayor may at any time during a recess of council, suspend any of the said officers for any of the above enumerated rea sons for a period not to exceed thirty (30) days, without pay, and ap point a substitute therefor.

(g) Duties. Said officers shall perform such duties as are provided for in this act and as may be prescribed and required of them by the laws and ordinances of the city and by the mayor and council. In addi tion, said officers by virtue of their office shall be and are hereby constituted ex officio firemen.

Section 3-15. Fire Department; Establishment, Maintenance. The mayor and council shall have the power and authority, by ordinance, to create and establish a fire department in said city; to provide for the personnel therefor and equipment thereof; to purchase any necessary apparatus; and to make any needful rules and regulations for its proper
maintenance.

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Section 3-16. Deputies for Principal Officers. The mayor and council may appoint such deputies as they may see fit. Each deputy so appointed shall have and may exercise all powers, duties, functions and authority as shall be vested in the principal officer for whom he is deputy, including all powers, duties, functions vested in the principal officer ex officio. All deputies shall serve at the pleasure of the mayor and council, shall receive such compensation, and shall give such bond as the mayor and council shall provide.

Section 3-17. Restriction Upon Contracts for Personal Services. No contract shall be made which binds the city to pay for personal services to be rendered for any stated period of time, but all appointive officers and employees shall be subject to peremptory discharge as herein provided.

ARTICLE IV. POWERS OF CITY

Section 4-1. Adoption of Ordinances, Resolutions, Generally, (a) Reading required. All ordinances and resolutions, before they shall pass, shall be read at two separate regular or special meetings.
(b) Signature, countersignature required. All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the clerk of council.
(c) Content, record of ordinances; existing ordinances preserved. All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and date of its readings. Such ordinances or resolutions shall be numbered and filed and properly preserved. There shall be kept by the clerk of council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and ac curately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the pas sage of the same, and countersigned by the clerk of council under the seal of the city; provided however, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that noth ing contained in this and the previous paragraphs hereof shall affect in any manner any valid existing ordinance of said city, not in conflict herewith.
Section 4-2. Scope of Police, Legislative Power of City. The mayor and council of the city shall have the power to enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances and to preserve and en force the good government, order, security and dignity of the city and its inhabitants; and to enact and enforce ordinances on any and all sub jects, provided that no ordinance shall be enacted inconsistent with the provisions of this Charter or of the general laws or Constitution of the State of Georgia.

Section 4-3. Scope of Ordinances, Rules, Bylaws. Authority to carry

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out and effectuate by ordinance each and every power granted to the city in this Act is hereby expressly conferred on the mayor and council of the city.
Section 4-4. Enumeration of Powers not Exclusive. The enumera tion of powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby, or ap propriated to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution and laws of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the city shall extend to all matters of local and municipal government.

Section 4-5. Corporate Powers Enumerated. The mayor and council shall have the following powers:
(a) Acquisition, disposal of property. To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage, and control such property as specified and provided for;
(b) Furnishing public services. To furnish all local public services, as herein specified and provided for;
(c) Public utility franchise. To grant local public utility franchises and regulate the exercise thereof;

(d) Taxation. To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax;
(e) Bonds, notes. To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city;
(f) Appropriations. To appropriate the money of the city for all lawful purposes;
(g) Public works and improvements. To create, provide for, con struct, regulate and maintain all things in the nature of public works and improvements;

(h) Assessments for local improvements. To levy and collect as sessments for local improvements on property benefited thereby;

(i) Licensing, regulating businesses, trades, etc. To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade;

(j) Abatement of nuisances, detrimental conditions. To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes

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thereof, and all things detrimental to the health, morals, safety, con venience and welfare of its inhabitants;

(k) Purity of water supply. To make all needful regulations ap plicable within and without the city, for securing and preserving the purity of its water supply;

(1) Preservation of public health. To do all things necessary or desirable to secure and promote the public health;

(m) Construction, size, use of building. To regulate the construc tion, reconstruction, material, location, height, maintenance and oc cupancy of buildings, signs and signboards and other structures;

(n) Use of streets, public places. To regulate and control the use, for whatever purpose, of the streets and other public places of the city, and to open and close streets;

(o) Offices, departments, personnel. To create, establish, organize and abolish departments and offices, and fix the salaries and compen sation of all officers and employees;

(p) Police, sanitary, similar regulations. To make and enforce local police, sanitary and other similar regulations.

(q) Ordinances for benefit of city. To pass such other ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the functions thereof;

(r) Imposition of fines and penalties. To try and punish all offenses and violations against the laws and ordinances of the city; and upon conviction to punish offenders as provided in Section 5-7;

(s) Additional powers. To exercise, in addition to the powers enumerated in this Section, all powers that are, or hereafter may be, granted to municipalities by the Constitution or laws of the State of Georgia; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council.

Section 4-6. Code of Ordinances, Resolutions, Rules; Adoption Modification, Repeal. The mayor and council shall have the power and authority to adopt, maintain and declare of force a code of the ordi nances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the council may deem proper to include therein, or a revision thereof or of entirely new ordinances, resolutions and rules, and may contain such of either as said mayor and council deem appropriate to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that the ordinance adopting a code shall be passed in accordance with Section 4-1.

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Section 4-7. Designation, Abatement of Nuisances. The mayor and council of the city may by ordinance declare what shall be a nuisance, and by ordinance prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet, and provide for the abatement of same.

Section 4-8. Regulation, Maintenance of Public Health and Sanita tion. The mayor and council of the city shall have the power and au thority to provide for the inspection and regulation of the sanitary condition of all premises within the city limits; for the removal of garbage, night soil, refuse and insanitary or offensive vegetation; to provide for establishing a lien against affected property for any ex penses incurred by the city in enforcing this provision; and to provide for the making and enforcing of all proper and reasonable regulations for the health and sanitation of said city and its inhabitants.

Section 4-9. Policing Public Places, Protecting Water Supply. The mayor and council of the city shall have the power to police all parks, public grounds, streets, avenues, alleys and other public places owned by said city, within or without the city limits, to prohibit the pollution of all sources of water supply of said city; and to provide for the protection of watersheds.

Section 4-10. Ordinances, Rules and Regulations to Protect Against Fire, (a) Enactment, scope, The mayor and council of the city may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district or fire districts thereof in the city, and to en large, change or modify the limits thereof from time to time; to pre scribe when, how and of what material buildings and other structures may be erected, repaired or covered, how walls, chimneys, stove pipes and flues are to be constructed; to provide for fire escapes in buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from dangers from fire and to prevent the spread of fire from one building structure to another, and for the protection and safety of the people.

(b) Changing, removing construction. The mayor and council shall have the authority to order any changes in the construction or arrangment of buildings and other structures, chimneys, stove pipes or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the affected premises pay expense of such change or removal, which expense may be collected as taxes are collected.

(c) Removal, alteration of building. If any person, firm or cor poration shall erect or maintain any building or other structure that is not in accordance with the laws and ordinances of the city, the mayor and council may order such person, firm or corporation to remove or alter the same within the time limit specified therefor, and if such person, firm or corporation shall not remove or alter such building or other structure after such notice to do so is given, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected.

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Section 4-11. Authority to Regulate Building, Repairing, Removing of Buildings, Other Structures, (a) Scope of authority. The mayor and council of the city shall have full power and authority to regulate the building or the repairing of any buildings or other structures within the corporate limits of said city or the removal thereof; to require per sons desiring to build, repair or remove buildings or other structures in said city to first obtain a permit from the mayor and council or from such officer as shall be authorized to grant the same before erecting, repairing or removing same; to refuse to allow buildings or other structures to be erected, repaired or removed in said city when satisfied that said buildings or other structures or additions thereto, or repair thereof, or removal of the same, will be manifestly against the best interest of the city or will endanger the safety or health of the citizens or be likely to become a nuisance and offensive to the property owners or residents of said city; to require applications for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom they shall be filed; and to provide for the removal, the expense of the owners thereof, of buildings or other structures erected, repaired or removed in violation of such rules and regulations as may be prescribed by such mayor and council for the building, repairing or removing of buildings or other structures in said city.

(b) Inspections. The mayor and council shall have the power and authority to provide for the inspection of the construction of all build ings and other structures in respect to proper electrical wiring, piping for gas, flues, chimneys, plumbing and sewer connections; and to enforce proper regulations in regard thereto.

(c) Ordinances to implement Section. The mayor and council of said city are hereby authorized and empowered to enact all ordinances to ac complish the provisions of this Section, and to provide a penalty for the violation of such ordinances.

Section 4-12. Regulating Safety of Buildings and Other Structures. The mayor and council shall have the power and authority to enact and enforce all ordinances and resolutions necessary to regulate the safety of all buildings and other structures.
Section 4-13. Exits, Fire Escapes; Construction and Sufficiency. The mayor and council shall have the power and authority to require the construction of fire escapes, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on buildings of every kind and character.
Section 4-14. Authority to Grant Franchises, Permits, Easements and Rights-of-Way. (a) Scope of authority. The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limita tions and for such compensation as the mayor and council may fix and prescribe. Provided, however, that the same shall not be granted for a period longer than forty (40) years.
(c) Application, notice, granting. The mayor and council shall have

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the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and right-of-way; what said application shall contain; to provide for notice of such ap plication to be published; to provide when such franchise, permit, ease ment or right-of-way, if granted, shall become operative; and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable.

(c) Ordinances to implement Section. The mayor and council shall have the right and power to pass such ordinances as may be necessary to accomplish the provisions of this Section and to prescribe penalties for the violation of said ordinances.

Section 4-15. Erection of Structure in Street, Sidewalk, Public Place. The mayor and council shall have full power and authority to grant to any person, firm or corporation the right to erect or maintain a structure or obstruction in a public street, sidewalk or other public place, upon such terms and conditions and subject to such restrictions as the mayor and council shall deem appropriate.

Section 4-16. Control of City Parks and Playgrounds. The mayor and council of the city shall have exclusive control over all city parks and playgrounds, and the power and authority to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, and providing amusements therein, and for estab lishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds.

Section 4-17. Regulation of Streets, Avenues, Alleys, Obstruction Thereof. The city shall have the power to control, regulate and remove all obstructions, encroachments and encumbrances on any public street, avenue, alley or other public place, and to regulate and control the moving of buildings and structures of any kind or character upon and along the same.
Section 4-18. Condemnation of Property for Streets, Sidewalks, Public Places, (a) Scope of authority. The mayor and council of the city shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in the city, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of the city.
(b) Exercise of power. Whenever the said mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be ex ercised, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use as contained in the Code of Georgia of 1933, having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof.

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Section 4-19. Streets, Sidewalks and Public Places--Opening, Widening, Changing, Closing, (a) Scope of authority. The mayor and council of the city shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, squares and other public places of said city, and shall have full power and authority to open, lay out, close, narrow, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of said city; and shall have the power to lay out, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, sidewalks, crosswalks, cross drains and gutters or any of them for public use or to lay wires, lines or pipes, throughout the streets, squares, lanes, alleys, parks and public places of said city, upon such terms and conditions as the mayor and council may by ordinance provide.

(b) Assessment of cost. The mayor and council may assess not more than two-thirds (2/3) of the entire cost of any or all of the im provements or work described in subsection (a), against the abutting property and the owners thereof, including street and railroad property and the owners thereof, according to the proportion that such abutting property bears two-thirds (2/3) of the cost of such improvements or work and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, including railroads thereon, by execution issued against such property and such

(c) Equalizing assessments. The mayor and council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose stated above, as may be just and proper, estimating the total cost of each such improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and the owners thereof, according to the proportion such abutting real estate bears to two-thirds (2/3) of the cost of such improvements or work on or along such street, sidewalk, avenue, alley, lane or other public place, or according to the area or value of said real estate, any or all, as may be determined by ordinance.
(d) Lien of assessment. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the improvement or work and making assessment.
(e) Collection of assessment. The mayor and council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement, as aforesaid, by execution is sued by the city clerk against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police of the city on such real estate or other property owned by the owner thereof, without such levy being open to the charge of be ing an excessive levy, and after advertising and other proceedings, as in case of tax sales under existing ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is now provided for tax sales by said city; provided, that all advertisements may be made in the official organ of said city.

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(f) Contest of assessment. To any execution issued under the pro visions of this Section the defendant shall have the right to file an af fidavit of illegality to common law judgments under the practice of the
Superior Courts of the State, denying that the whole or any part of the amount for which such execution issued is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned for trial to the Superior Court of Pike County, Georgia, and there tried and the issues determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay only.

(g) Priority of assessment. The lien of such assessments and the executions issued thereon on abutting property, including that of rail roads and railways, and the owners thereof, for any such improvement contemplated and provided for by this Section shall have rank and priority of payment next in point of dignity to liens for taxes, as pro vided by the Constitution and laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work or improvement in each case.

(h) Application to maintenance, repair. The mayor and council shall have full power and authority to prescribe by ordinance such rules as they may in their discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and assess not more than two-thirds (2/3) of the cost or expenses against abutting property, and the owners thereof, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see fit and proper.

(i) Publication required. One (1) publication of such ordinance, or ordinances, for any of the work and improvements contemplated by this Section, in the newspaper designated as the official organ for said city shall be sufficient notice to the abutting property owner or the owners of any railroad or railway having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in said city, of the contents and provisions of such ordinance or ordinances, and of the fact that such improvements are to be made.

(j) Service of notices. Any other notice or notices deemed necessary or desirable to be made on abutting property owners by said city may be made in person or by leaving at the residence of the person to be notified if a resident of said city, but if such person is not a resident of said city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of said city shall be sufficient; provided further, that if said abutting property is owned by a partnership or by tenants in ' common, notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under legal disability, notice to such minor or person laboring under

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legal disability and his guardian, if any, shall be deemed sufficient service of such notice; if such minor or person laboring under legal disability be a nonresident or absent from the city for more than ten (10) days, service may be made by publication as hereinbefore provided.

(k) Issuance of negotiable certificates. In addition to the authority hereby vested in the mayor and council of said city to issue executions for such improvements as are herein provided, covering the assessments in question, the said mayor and council shall have authority to issue paving, curbing, macadamizing, grading, draining, or sewerage certifi cates, one or all, in the name of the city, in behalf of or payable to the contractor or other person, corporation or concern, which certificates shall be made negotiable, shall be issued in such denominations and payable at such time or times, either for one (1) year or more than one (1) year, in the discretion of the mayor and council, and shall bear such legal rate of interest as may be fixed by council, interest to be payable annually or semi-annually, and principal and interest to be paid at such place or places as may be fixed by said mayor and council; said certificates to be based upon the executions against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid.

(1) Negotiation of certificates. The mayor and council shall have authority to negotiate such certificates when issued to contractors for such improvements or parties furnishing material thereof, in settle ment of such paving improvement provided herein, or for labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and thereby obtain the money to pay for such street or sidewalk improvement.

(m) Payment of certificates. The mayor and council shall have the authority to collect assessments for such street or sidewalk im provement under such execution as may be issued by authority of said city, and use the money to pay for such improvement certificates thus issued, and to prescribe the terms, the rate of interest and the time and place of payment of such executions and of such improvement certificates.

(n) Additional powers. The city, through its mayor and council, shall have all other necessary authority to accomplish such street or sidewalk improvements, in a manner to be provided by proper or dinance or ordinances to be adopted by said city.

Section 4-20. Same--Maintenance, Drainage, Repair, (a) Scope of authority. The mayor and council of the city shall have power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the payment, curbing, grade or drainage of the same, as provided in Section 4-18, whenever in the judgment of the said mayor and council, the same becomes necessary or advisable.

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(b) Manner of payment. The said mayor and council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent landowners or by both, as provided in Section 4-18.

Section 4-21. Right-of-Way of Railroad; Maintenance, Repair. The mayor and council shall have full power and authority to enact all laws and ordinances to require any railroad company having or which may hereafter have tracks running in, along, across or through the streets, alleys or public ways of said city, which have been improved, to macad amize or otherwise pave and improve as the mayor and council may direct, the width of their tracks, and two (2) feet on each side thereof, and to require said companies to repair or repave their afore said portions as the mayor and council may direct; and the mayor and council shall have the power and authority to enforce the provisions of this Section by appropriate ordinances.

Section 4-22. Construction, Paving, Repair of Streets, Pavements by Abutting Owners, (a) Authority of city to require work. The mayor and council of the city shall have full and complete power and right to direct the mode, manner and style in which all street crossings, side walks, and pavements shall be constructed, paved, or unpaved, by the abutting property owners, and in case of failure or refusal of any property owner, after ten (10) days' notice to comply with the ordinance of said city in reference to the construction, paving or repairing of the sidewalks, pavements or street crossings, the mayor and council of said city are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding two hundred fifty dollars ($250.00) and to collect the same by execution.

(b) City may do work. The mayor and council may also direct their officers or employees to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance.

(c) Execution for expenses. The mayor and council shall be em powered to issue execution for said bill of expense against said owner, and to levy and collect the same, as in cases of execution for taxes.
Section 4-23. Supervision, Regulation of Public Work. The mayor and council may prescribe by ordinance or resolution any and all public work to be performed in the city and the method of doing the same, and shall have charge of the performance of all such public work.

Section 4-24. Fixing Manner of Executing Public Work or Im provement. Any public work or improvement may be executed either by contract or by direct labor, as may be determined by the mayor and council. Before authorizing the execution by any city department of any work or improvement, detailed plans and estimates thereof shall be submitted to the mayor and council by said department, and there shall be separate accounting as to each work or improvement so executed.

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Section 4-25. Water Systems, Sanitary Sewer System; Establish ment, Maintenance, Use. (a) Authority. The mayor and council of the city shall have power and authority to provide for a water system and for a sanitary sewer system and for the maintenance thereof; to require property owners to make connection from their premises to such system or systems; to provide for fixing a lien against the premises of any property owner who fails or refuses to make such connections; to charge the cost against the said owner and make it a personal liability; and to fix penalties for failure to make such connections.

(b) Places to be filled in. The mayor and council of said city shall have power and authority to require all surface wells, dry wells or similar places to be filled in at the expense of the owner, and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected.

(c) Ordinances to implement Section. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully accomplish the provisions of this Section.

Section 4-26. Authority to Extend Water, Sewerage System; Assessment of Cost, (a) The mayor and council shall have power to extend the water system and the sewer system at such time as the same shall be established, to any portion of the city within the corporate limits of said city, provided that two-thirds (2/3) of the cost of said extension is paid by the owners of the property to which said extension is made; and to extend said systems, or either of them, to any place beyond the corporate limits deemed feasible by the mayor and council. The mayor and council shall have power to provide for such extension by proper ordinance, including provisions that all cutoffs therefor be installed by the owners of the property served.

(b) The exercise of this provision shall be optional, however, with said owners and shall in no way affect the right of the mayor and council to extend the water system and the sewerage system when the same shall have been established, by the expenditure of funds from the treasury, but where there are no such funds they may comply with this provision at the instance of owners who desire such services under this provision.

Section 4-27. Water, Sewerage, Electric and Natural Gas Systems; Maintenance, Repair, Extension, (a) Authority of city. The mayor and council of the city shall have the power and authority to establish, main tain, equip, repair, extend, enlarge, and in any way improve the present system of waterworks in the city, for the purpose of supplying its inhabitants and the city and consumers generally, with water; and the mayor and council shall have the power to do any and all things necessary for such purpose, to contract with any person or persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easements over lands and premises to be used in connection therewith, whether the lands and premises over

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which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes to condemn the same as hereinafter provided.

(b) Purchases, construction. Said mayor and council in the name of the city shall have full power and authority to make purchases of plants, machinery and any and all articles and things that way be necessary or advisable for the proper equipment of said plants and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plant; to build and erect structures, build, shape and furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and generally to have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvements of said plants, or the extension or enlargement thereof. The right to repair and maintain said plants, and to purchase such articles and things for such purposes, shall be exercised by the mayor and council.

(c) Application to new systems. The mayor and council of the city shall have the full power and authority to establish and maintain new systems of waterworks, electricity, sewerage, natural gas, or any of them, whenever it may be necessary or advisable for the purpose of furnishing and supplying its inhabitants, and the city and consumers generally with water, sewerage, electric lights and natural gas, or any of them, and when such power and authority is exercised, the said mayor and council shall have the same rights, powers and privileges and shall be subject to the same duties and responsibilities for the erection, equipment, care, maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them, to the inhabitants of said city and nonresidents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes, whether within or without the limits of said city, as are herein con ferred upon and granted said mayor and council respecting the present system owned and operated by the city; provided, however, that the provisions hereof shall be subordinate to the provisions of existing franchises for such services.

Section 4-28. Furnishing Water, Sewerage, Electrical, Gas Services, (a) Contracts authorized. The mayor and council in the name of the city shall have the right and authority to make contracts with the inhabitants of the city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, and for the furnishing of electric lights and power, sewerage, natural gas or any of them, in the event such systems are hereafter acquired, operated and maintained, at such rates and under such rules and regulations as the mayor and council may provide.

(b) Fixing rates and charges. The mayor and council shall have power and authority to fix all rates and charges made for any such public service owned and operated for and by the city.
Section 4-29. Franchises for Water, Electric, Sewer, Gas Services, (a) Authority of city. The mayor and council shall have full power

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and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electric lights and power, sewerage, natural gas, or any of them, to the city and its inhabitants and to make such contracts with such persons, firms or corporations for such services as the mayor and council may deem proper.

(b) Enactment of appropriate legislation. The mayor and council of the city are hereby authorized and empowered to enact all laws, or dinances, rules and regulations necessary to carry out and accomplish the purposes of this Section; provided, however, that no provision of an existing franchise shall be impaired.

Section 4-30. Condemnation of Property for Water, Electric, Sew erage, Gas Services, (a) Authority of city. The mayor and council, in the name of the city, shall have full power and authority to condemn any lands or premises, within or without the city, for the purposes of establishing and maintaining water work systems, sewerage systems, drainage systems, natural gas systems and electrical distributing sys tems, or any of them, for said city, or for the purpose of maintaining, extending, enlarging or improving said systems, or any of them, and for either or all of said purposes.

(b) Regulation of proceedings. Whenever the right to condemn lands and premises herein granted is exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws this State with reference to the condemnation of private property for public use, as contained in the Code of Georgia of 1933, and referring to the condemnation of private property for public use, and as provided by Acts amendatory thereof.

Section 4-31. Sale of Electrical, Water or Gas Plant and/or Sys tem, (a) Authority. The mayor and council of the city are hereby authorized and empowered by ordinance to contract to sell and sell upon such terms and conditions as they may determine, any water or other plant or system owned by the city, including distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the city, and to cease operation of such system or systems, and to convey good and clear title thereto by deed of the city executed by its mayor.

(b) Election required. At such time and place as shall be fixed by the mayor and council of the city there shall be an election in said city by the duly qualified voters thereof, to authorize the selling of the system or systems, distribution lines and equipment, apparatus and property whatsoever belonging to said city, as the same then exists, said election to be held and determined as provided by said mayor and council of said city, in which election ballots shall be furnished setting forth the question whether such sale shall be consummated.

(c) Effect of election. If a majority of the legal voters of said city cast their votes in favor of selling said plant and its equipment, then the mayor and council of said city shall be authorized to sell the same. If a majority of legal voters of said city cast their votes against

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the selling of the same, then the mayor and council shall be without power and authority to sell said plant and equipment.

(d) Notice of election. No election shall be held without first advertising the same in some newspaper published in said city once a week for four (4) weeks prior to the time of holding said election.

(e) Place of election. Said election shall be held at the place of holding elections in said city for mayor and councilmen.

(f) Qualifications of voters. The qualifications of voters shall be the same as are required of voters in elections held in said city for mayor and councilmen.

Section 4-32. Bond Issues for Debts, Public Improvements. The city may issue bonds for the payment of its debts or for public improve ments, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in the Code of Georgia of 1933.

Section 4-33. Levy of Ad Valorem Tax for General City Purposes, (a) Amount, scope of tax. The mayor and council shall have power and authority to levy and collect a tax annually, for general city purposes, of not more than twenty-two and one-half (22%) mills, upon each dollar of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale as the mayor and council shall provide.

(b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such taxes of said city shall be due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of taxes when due.

Section 4-3'4. Authority to Assess, Levy and Collect Ad Valorem Tax for Bond Purposes, (a) Scope of authority. The mayor and council of the city shall be and are hereby authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary for the specific purpose of paying the interest on all bonds outstanding, or which are issued under the provisions of this charter, and also to create a sinking fund sufficient to redeem and pay off all bonds outstanding or which are issued under the provisions of this charter, at their maturity.
(b) Use of funds. All taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on all bonds as it accrues and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds outstanding against the said city or which are issued under this charter.

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(c) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due.

Section 4-35. Authority to Assess, Levy and Collect Ad Valorem Tax to Assist Development Authority, (a) Scope of authority. The mayor and council shall have power and authority annually to assess, levy and collect a tax not exceeding three (3) mills upon each dollar of assessed valuation, upon all and every species of property, both real and personal, in order to assist in defraying the cost of operation of a development authority should one be hereafter created for the benefit of the city, by making appropriations thereto.

(b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time said tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due.

Section 4-36. Authority to Assess, Levy and Collect Garbage and Sanitation Tax. (a) Scope of authority. The mayor and council shall have the power to assess, levy and collect an annual tax in an amount necessary to defray the cost of garbage collection service, upon each and every city lot occupied by a resident, and upon each store or other place of business in said city. Vacant lots shall not be assessed.

(b) Prerequisites. Before the imposition of such tax, the city shall establish a city garbage collection system and operate it at all times for the collection of all refuse and garbage from all lots so taxed for sanitary purposes, which said city is authorized to do by ordinance.

(c) Use of funds. The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose.

Section 4-37. Returns of Property for Taxation; Determination of Due Dates. The mayor and council of the city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due.

Section 4-38. Executions for Taxes, Licenses, Other Demands, (a) Issuance, contents, procedure thereunder. Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, be signed by him, bear teste in the name of the mayor, and be directed to the chief of police of said city and his deputies and to all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that

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of any property belonging to the defendant against whom said execu tion is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all costs. The mayor and council shall, by ordinance, provide the time, place and advertisement of, method of conducting, and all regulations governing sales by the chief of police under said executions. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer.

(b) Laws, presumptions governing executions. All executions issued by the city clerk for taxes, license fees, special assessments, fines or forfeitures, due the city shall be governed by the laws governing executions for State and county taxes, and shall be subject to all presumptions of law and fact which apply to executions for State and county taxes.

(c) Laws, rules, presumptions governing deeds. All deeds executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures, shall be governed by the laws and rules of execution which apply to deeds executed by the sheriffs under levy of executions for State and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed by sheriffs under levy of executions for State and county taxes.

Section 4-39. Contesting Assessment of Property for Taxes, (a) Appointment of arbitrators. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by the city tax assessors, such taxpayer shall, within ten (10) days after the assessors have made their return to the mayor and council, in the case of resident owners, and within twenty (20) days of such return in case of nonresident owners, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one (1) arbitrator, a freeholder of the city, to represent him in fixing the fair market value of his said property. Upon such notice being filed with the said clerk, it shall be his duty to notify the city tax assessor of that fact, and it shall be their duty within three (3) days to name an arbitrator, who shall also be a freeholder of the city, to represent said city in fixing the fair market value of the property in dispute; the two (2) arbitrators so elected shall be immediately notified of their designation by the city clerk and shall forthwith select an umpire, who shall also be a freeholder of the city. In the event the two (2) arbitrators fail to name the umpire within twenty (20) days after their appoint ment, he shall be named by the mayor and council.

(b) Authority of arbitrators. The board of arbitrators so consti tuted shall proceed within ten (10) days from the date of the naming of the umpire, to give their awards as to the fair market value of such property, which awards shall be returned to the city clerk, and shall be final on both the city and the taxpayer.
Section 4-40. Licensing, Regulating Businesses, Occupations, Trades, Callings and Pursuits, (a) Scope of authority. The mayor and council of the city shall have the right and authority to tax, license, regulate and control by ordinance, all businesses, occupations, trades,

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callings, pursuits and professions and any and every other type of commercial activity conducted or carried on in the city, and which under the Constitution and laws of this State are subject to license, regulation and tax.
(b) License restrictions. The mayor and council shall also have the right by ordinance to fix and prescribe the amount of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this Section; and to provide penalties for the violation of any of the provisions thereof.
Section 4-41. Registration, Special Tax on Trade, Business, Voca tion, Profession, Trade, Calling, Pursuit. The mayor and council shall have full power and authority to adopt ordinances as authorized by the laws of Georgia to require any person, firm or corporation, whether a resident or nonresident of the city, engaged in or carrying on or who may engage in or carry on any business, trade, pursuit, calling, vocation, or profession, within the corporate limits of said city, either by them selves or by their agent or agents, to register their names and business, trade, pursuit, calling, vocation or profession, annually, and to require such person, firm or corporation to pay for such registration such amount as the mayor and council may by ordinance prescribe; and to provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and register, who shall engage in or offer or attempt to engage in such business, calling or profession without first complying in all respects with the ordinance in reference thereto.
Section 4-42. Licensing, Regulating Control of Signs, Billboards. The mayor and council shall have power and authority by ordinance to license, regulate, control and prohibit the erection of signs or bill boards; and to provide penalties for the violation of any of the pro visions of such ordinance.
Section 4-43. Authority to Borrow Money. The mayor and council of the city shall have the power and authority to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one percent (1%) of the assessed value of the taxable property within any one year; the sum or sums so borrowed shall be paid from the income of the city for the fiscal year in which the loan or loans are made, and before the expira tion of the fiscal year in which the same were made.

Section 4-44. Authority to Provide for Depository of City Funds. The mayor and council of the city may select some bank in the State as a city depository, and may require the treasurer or other appropriate officer of said city to deposit all funds of the city therein. Said de pository may be selected upon such rules, regulations, conditions and requirements as the mayor and council may by ordinance prescribe.

Section 4-45. Zoning and Planning. The mayor and council of the city are hereby authorized to pass and enforce zoning and planning laws whereby said city may be zoned or districted for various uses

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and other or different uses provided therein, and regulating the use for which zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein, provided said zoning and planning laws are consistent with the Constitution and conform to the provisions of Chapter 69-12 of the Code of Georgia of 1933, as amended, which said city (by and through its mayor and council) may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare.

Section 4-46. Authority to Regulate Traffic. The mayor and council of the city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all other kinds of vehicles in the city, whether said vehicles are propelled by hand, foot, steam, electricity or other motive power; to prescribe the rate of speed and the manner in which the same may be run, and the qualifications of the drivers, chauffeurs or operators of said vehicles; to provide for the registration of said vehicles, and to do any, all and every act and thing necessary or incident to the safety of the same and of the public. The mayor and council of said city shall have the authority to accomplish the provisions of this Section by ordinance and to provide penalties for the violation thereof.

Section 4-47. Railroad Trains; Speed, Operation. The mayor and council of the city shall have full power and authority by ordinance to regulate the speed and operation of railroad trains on, along or across the streets, avenues or alleys of the city; to make it a penal offense for any railroad company, its agents or employees to block or obstruct any street crossing, with railroad trains, cars or engines any longer than is necessary for said trains, cars or engines to pass over said crossings; and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this Section.

Section 4-48. Authority to Regulate Vehicles for Hire. The mayor and council of the city shall have the full right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage or either or all of them; to provide for the inspection of same; to fix the rates of fare therefor; and to fix and prescribe penalties for violation thereof.

Section 4-49. Regulating Plumbers and Plumbing. The mayor and council shall have the power and authority by ordinance to provide for the regulation and control of plumbers and plumbing work, and to secure efficiency in the same.

Section 4-50. Authority to Regulate Storage, Sale of Explosives, Combustibles; Sale, Discharge of Fireworks. The mayor and council of the city shall have the right, power and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, petroleum oils, tur pentine, and any and all other kind of explosives or combustible materials; and to prescribe penalties for violations of such ordinances.

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Section 4-51. Authority to Regulate Cemeteries, (a) Generally. The mayor and council shall have exclusive jurisdiction over all ceme teries belonging to the city. They may make such appropriations as may be necessary for the care and supervision of same, and may enact ordinances and provide penalties for the purpose of preventing tres pass thereon.

(b) Fees and charges. They may regulate the charges of gravedigging and interment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; including the sale of lots or right to bury thereon. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees, as they may by ordinance provide.

Section 4-52. Removal of Ice, Snow, Debris, Overhanging Limbs. The mayor and council shall have power and authority to remove within a reasonable time, ice, slush, snow and other debris from side walks and to require the owner, agent or lessee owning, occupying or controlling the abutting- property to remove all such ice, snow and other debris, and all low-hanging limbs from trees adjacent to such sidewalks.

Section 4-53. Keeping, Handling of Animals and Fowl. The mayor and council of the city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowl from running at large in said city; to regulate, prevent or prohibit the keeping of certain animals within the city limits, or to regulate the number and manner in which they must be kept, if allowed; and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said city to carry out and accom plish the purposes of this Section.

Section 4-54. Taxation, Registration, Keeping of Dogs. The mayor and council shall have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances.

Section 4-55. Establishment, Operation of Municipal Pound. The mayor and council shall have authority to establish a pound for the impounding of animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode of manner of sale or disposition of im pounded animals where no owner appears, or when payment of the impoundment fees charged, penalties, or costs is refused; to provide for the disposition of the proceeds of the sale of impounded animals; and to provide for the punishment of all persons, who, without authority, shall break into the pound or interfere with the operation thereof.

Section 4-56. Cruelty to Animals. The mayor and council shall

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have power and authority to prohibit the inhuman treatment of animals and provide punishment therefor.

Section 4-57. Prohibiting, Punishing Beggers, Prostitutes. The mayor and council shall have the power and authority to restrain and punish vagrants, mendicants, beggars and prostitutes.

Section 4-58. Authority to Provide for Working of Convicts, Cus tody of Prisoners, (a) Scope of authority. The mayor and council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of said city; to maintain, establish and equip, a jail, prison or guard house in said city for the safekeeping of prisoners and persons charged with violating the laws and ordinances of said city; and to provide for the care of such prisoners.
(b) Ordinances to implement provisions. The mayor and council shall have the authority to enact such ordinances as are necessary to carry out the provisions of this Section.
Section 4-59. Hospitals, Similar Institutions; Establishment, Op eration. The mayor and council shall have power and authority to establish, maintain and regulate such hospitals, orphanages and chari table institutions as may be deemed expedient by the governing authority.
Section 4-60. Participation in Emergency Plans With Disaster Stricken Cities. The mayor and council are hereby authorized to provide by ordinance or resolution for participation by the city in emergency procedure plans whereby the mayor, or in his absence the mayor pro tern, shall be authorized to furnish city equipment, machinery, services, supplies and personnel to other cities during time of emergency therein; provided however, that in the event of such participation, liability in surance coverage and other applicable insurance coverage shall remain in force and effect respecting any equipment, machinery, services, supplies or personnel furnished by the city under such plan; and pro vided further, that the mayor and council may provide by ordinance or resolution for the withdrawal of the city from such plan at any time,
ARTICLE V. POLICE COURT
Section 5-1. Police Court Established. That there shall be a court of the city, known and designated as the "Police Court of the City of Meansville".

Section 5-2. Presiding Officer Designated. Until such time as the office of city recorder is established and a recorder is selected, sessions of the police court shall be held and presided over by the mayor, or in his absence by the mayor pro tern, or in his absence by a councilman
designated by the mayor for the purpose.

Section 5-3. Time Place of Sessions. Sessions of the police court shall be held and presided over at the city hall building in the city, or

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at such other place in said city as the mayor or council may direct, daily or at such times as in the judgment of the presiding officer of said court may be necessary.

Section 5-4. Scope of Jurisdiction. The jurisdiction of the police court shall extend over all violations of the laws and ordinances of the city and all other laws of which municipalities are allowed juris diction under the laws of the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the city.

Section 5-5. Jurisdiction Extended Beyond City Limits. The city shall have the power and authority to exercise police power over all property beyond the limits of the city but owned by the city, and juris diction of violations of the ordinances of the city in and over such terri tory is hereby vested in the police court of the city.

Section 5-6; Powers Enumerated. The police court and the presiding officer thereof shall have the following powers:

(a) Contempt. To punish for contempt against its lawful authority whether in its presence or otherwise;

(b) Summonses, subpoenas. To issue summonses and subpoenas for witnesses and compel their attendance, whether residents of the city or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the city or not, and compel their produc tion; to compel the presence of witnesses by imprisonment if necessary to take bonds to secure their attendance and to forfeit said bonds before said police court; and to punish, as for contempt, failure to obey its legal summonses and orders;

(c) Continuances. To grant continuances under rules of law;

(d) Bonds, recognizances. To take bonds and recognizances for per sons charged with offenses against the laws and ordinances of the city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; and to forfeit all appear ance bonds when the principal shall fail or refuse to appear at said court at the time and places specified therein, under such rules and regulations as the mayor and council of said city shall by ordinance prescribe; and

(e) Enforcement of authority. To do, generally, all other acts and things necessary for the proper enforcement of its authority.
Section 5-7. Trial of Violations Against City Laws and Ordinances; Limitation Upon Penalty. The presiding officer of the police court shall have the power and authority to try all offenses and violations against the laws and ordinances of the city, committed within the corporate limits thereof, and upon conviction, to punish offenders by a fine not exceeding two hundred fifty dollars ($250.00), by imprisonment in the city jail or guardhouse for any term not exceeding ninety (90) days, or by compulsory work, not exceeding ninety (90) days, on the streets or

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upon any of the public works of said city, or by any combination of such penalties, as the presiding officer of said court may direct.

Section 5-8. Imposition of Punishments. Any or all of the punish ments prescribed in Section 5-7 may be inflicted in the discretion of the presiding officer of the police court, and such presiding officer shall have the authority to impose any of the above punishments in the alternative.

Section 5-9. Limitation upon Punishment for Contempt. The police court shall have the power and authority to punish for contempt by fine not exceeding twenty-five dollars ($25.00), or by imprisonment in the city jail or guardhouse not exceeding ten (10) days, either or both, in the discretion of the presiding officer of said court; provided that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are
obeyed.

Section 5-10. Execution, Levy, Sale to Enforce Collection of Fine. Whenever any person is convicted and sentenced to pay a fine or to imprisonment or to work upon the streets of the city or other public works thereof, and fails or refuses to pay said fine, the city shall have the right to enforce the collection thereof by execution, levy and sale in the same way and manner as the collection of taxes is enforced in the city.

Section 5-11. Criminal Jurisdiction of Justice of the Peace Vested in Presiding Officer. The presiding officer in the police court of said city shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, and when it shall appear upon the trial of any case in the police court of said city, that an offense against the laws of the State has been committed within the limits of said city, it shall be the duty of the officer presiding in said court, to make a thorough investigation into the facts and to commit the offender to jail or to bail to answer to the court having jurisdiction of the offense if the offense is bailable.

Section 5-12. Jurisdiction to Try Nuisances, Require Abatement. The police court of the city shall have concurrent jurisdiction with the mayor and council of the city in respect to the trial and abatement of all
nuisances in said city.

Section 5-13. Right of Trial Upon Written Accusation. All trials in the police court of the city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation, in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows:

"Georgia, Pike County, City of Meansville--In the Police Court of the City of Meansville:

"I, __,,--___.,,---____,,--.__,,---____,,--_-___-., chief of police (or policeman)

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of said city, in the name and behalf of the City of Meansville, charge and accuse --_-------__-__--_--___----_,,_.-- of the offense of___--______,,___,, ----__--,,_____---_,,__,,----____, contrary to the laws and ordinances of said
city, the good order, peace and dignity thereof,"

shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and upon the issue thus formed the case shall proceed to trial and disposition.

Section 5-14. Appearance Bonds--Amount, Conditions, Effect. The chief of police or any policeman of the city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a cash bond or surety bond with good and sufficient security to be approved by the chief of police or the assistanct chief, or in their absence by the senior officer on duty, payable to the mayor of said city, in an amount fixed by the said chief of police or the assistant chief, or in their absence by the senior officer on duty, for the personal appearance of such person before the police court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by leave of the court, except when the offender is violent, in which case bail may be refused.

Section 5-15. Same--Forfeiture. In the event the principal fails to appear before the police court as stipulated in his appearance bond, said bond shall be forfeited in said court and the presiding officer there of shall have the power and authority to order the principal in said bond rearrested and placed in the city jail or guardhouse until such case shall be tried and disposed of, or to admit the defender to bail, as he may deem proper.

Section 5-16. Certiorari to Review Conviction--Prerequisites. Any person convicted in the police court in the city for a violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Pike County, provided all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing that the same have been paid and bond and security given in at least double the amount of the fine which can be imposed, to personally appear, stand to and abide by the final judgment in said case; and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said city, then a like bond shall be given, the amount of which shall be fixed by the presiding officer of said police court.

Section 5-17. Same--Bonds to Be Approved. All bonds given in certiorari cases shall be approved by the presiding officer in the police court.

Section 5-18. Same--Affidavit in Forma Pauperis. Nothing in Sec tions 5-16 through 5-20 shall prevent the defendant if he desires to certiorari his case, from filing the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs.

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Section 5-19. Same--Affidavit, Bond to Act as Supersedeas. Upon the affidavit provided for in Section 5-18 being made or the bond pro vided for in Section 5-16 being given, the same shall act as a super-
sedeas of the judgment sought to be reviewed by certiorari, until the final judgment is rendered in said case.

Section 5-20. Same--Rules and Regulations Applicable. All certi orari shall be governed under the same rules and regulations, except as otherwise provided herein, as are provided by law for the carrying of cases by certiorari from the probate court to the superior court.

Section 5-21. City Recorder--Creation, Establishment of Office. The mayor and council of the city may, whenever in their judgment they see fit, create the office of city recorder for said city and elect an upright and intelligent person reasonably skilled in the law, to perform the duties of that office.

Section 5-22. Same--Qualifications, Oath of Office. The recorder shall be a qualified voter of Pike County and shall take and subscribe to such oath as the mayor and council shall by ordinance prescribe.

Section 5-23. Same--Term of Office. The recorder may be elected at any time that in the judgment of the mayor and council his services may be necessary or desirable, and he shall hold his office for a term of one year, or until the qualification of the mayor and council following the next city election, and until his successor is elected and qualified.

Section 5-24. Same--Compensation. Whenever the mayor and coun cil in their judgment see fit to create the office of city recorder and elect a person to perform the duties of that office, they shall also fix
his compensation therefor.

Section 5-25. Same--Duty to Preside in Police Court. It shall be the duty of the recorder to preside in the police court of the city in all cases, except when providentially hindered or when absent from the city, or when he may be disqualified. In either case the mayor or in his absence the mayor pro tern, or in his absence a councilman designated by the mayor shall preside as acting recorder with the same power that
is vested in the recorder.

ARTICLE VI. PENALTIES AND PROCEDURES ON ARREST
Section 6-1. Authority to Arrest, Confine Persons Arrested. The chief of police and all policemen of the city shall be fully authorized and empowered to arrest any person within the corporate limits of the city charged with an offense against its laws and ordinances and to imprison and confine such persons arrested by them in the city jail or guardhouse, or in the jail of Pike County until trial, or to admit them to bail as provided in this charter.

Section 6-2. Territorial Scope of Power to Arrest. The chief of police and the policemen of the city shall be authorized to arrest any where within the limits of this State any person charged with a violation

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of the laws and ordinances of the city upon a warrant from the proper officer of said city authorized to issue the same.

Section 6-3. Arrest for Violation of City Laws, Ordinances. In no case, except as herein otherwise provided, shall the chief of police or any policeman of the city make any arrest of any person charged with a violation of any of the laws and ordinances of said city without first having procured from the mayor, mayor pro tern, or recorder of said city (each of them being hereby authorized and empowered to issue warrants for the apprehension and arrest of persons charged with violating any of the laws and ordinances of said city), a warrant for the arrest of such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is attempting to escape, in which event said officer may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention.
Section 6-4. Arrest for Violation in Presence of Officer. It shall be the duty of the chief of police and policemen of the city to arrest any person violating any of the laws of this State in their presence and to immediately carry such persons before a magistrate and see that a proper warrant is sworn out.

Section 6-5. Authority to Arrest Without Warrant. The chief of police and the policemen of the city may arrest without warrant in all cases where authority is given to arresting officers of this State by the laws of Georgia for making arrests without a warrant.

Section 6-6. Service of Summons in Lieu of Arrest. Upon informa tion that an offense against the city's laws and ordinances has been committed, and said violation has not been committed in the presence of a police officer of the city, but said police officer is satisfied that the person charged with such offense is not likely to leave the city to escape arrest under a warrant, he shall serve upon said person a written sum mons to appear before the police court at its next regular session to answer such charge.
Section 6-7. Failure to Obey Summons. If the person served with a summons as provided in Section 6-6 refuses to obey such summons, he shall be deemed in contempt of the police court and shall be punished accordingly.
Section 6-8. Use of Warrant to Prevent Accused from Leaving City. If a police officer of the city has reason to believe that an accused person will leave the city and not obey a summons served as provided in Section 6-6, said officer shall obtain a warrant from the proper officers of the city for the arrest of said person, and shall imprison said person until a trial is had before the police court, or the accused is admitted to bail for his appearance before the police court at its next regular session to answer the charge against him.

Section 6-9. Arrest for violation of State Laws. It shall be the duty of all police officers of the city in all cases where they know that State laws are being violated in the city, to apply to the nearest magistrate for a warrant for such person and have the same executed.

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Section 6-10. Authority to Execute Warrants for Violation of State Laws. The chief of police and the policemen of the city shall be authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this State.
ARTICLE VII. REGISTRATION OP VOTES
Section 7-1. System for Registration of Voters Adopted. A system for the registration of voters is hereby established for the city.
Section 7-2. Scope of Registration Provisions. No person shall be allowed to vote in any election of any kind held in the city without having first registered in accordance with the provisions of this Article, the provisions of Chapter 34A-B of the Code of Georgia of 1933, as amended, and such ordinances or regulations as may be adopted hereunder; and the mayor and council are hereby empowered to adopt such ordinances and regulations as may be deemed proper to carry out the purposes of this Article.

Section 7-3. Qualifications of Applicant for Registration. Any voter registering under the provisions of this Article shall be a qualified voter so long as he remains a citizen of the City of Meansville, meets all of the qualifications of electors prescribed in Section 34A-501 of the Code of Georgia of 1933, as amended, and is otherwise qualified to register
in any general election in the State of Georgia.

Section 7-4. Form for Registration; Contents, Execution. The registrar or registrars of elections appointed by the mayor and council shall procure registration cards complying in form with the provisions of Section 34-609 of the Georgia Election Code, which card shall be prop erly filled in, and an oath shall be administered to the applicant for registration, and signed by him and attested by the registering officer. For this purpose the registering officer shall be authorized and em powered to administer oaths to the persons so registering.

Section 7-5. Oath of Registrant. The registering officer shall re quire an applicant for registration to take the following oath before him:

"I do solemnly swear that I am a citizen of the United States; that I am at least eighteen (18) years of age, and am qualified by citizenship, residence and constitutional qualifications to vote for members of the General Assembly of Georgia in the County of Pike; that I will have resided in the State of Georgia for not less than one (1) year, and in Pike County for not less than six (6) months and in the City of Meansville for not less than ninety (90) days next preceding this registration, or by the vote of the next city election if still a resident of this city I will have fulfilled these conditions; and that it is my intention to remain a resident of this
city until the day of election, so help me God."

When an applicant for registration is so sworn, and has signed said

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oath and the same has been attested by the registering officer, a minute of that fact shall be entered opposite his name on the registration list.

Section 7-6. Registrars--Selection, Term. At the first meeting of the mayor and council held after the passage of this Act, the mayor and council shall elect by ballot three (3) registrars for the city, one of whom shall be designated chief registrar, who shall serve at the pleasure of the mayor and council, and until their successors are elected and qualified. Said registrars shall be qualified voters of said city. In the event of the death or resignation of any registrar his unexpired term shall be filled by the mayor and council.
Section 7-7. Same--Oath. The registrars selected as provided in Section 7-6, before entering upon their duties, shall take and subscribe the following oath:
"I do solemnly swear that I will faithfully and impartially dis charge, to the best of my ability, the duties imposed upon me by law as registrar."
Said oath shall be filed with the clerk of council and entered upon the minute books of the city.
Section 7-8. Same--Compensation. The mayor and council of the city shall have the power and authority to fix the compensation of registrars and to pay the same.
Section 7-9. Actions of Registrars to be Public. All actions of the registrars in revising the lists of voters registered in the city shall be done in public, in the council chambers of the city.
Section 7-10. Time for Opening, Closing Registration List. The registrars shall open at the city clerk's office, or at such other place as may be designated by the mayor and council, at least ten (10) days after notice of such change has been given, a list for the registration of voters, which list shall be kept open from 9:00 a.m. until 5:00 p.m. each and every day, Sunday excepted, until a day not later than three (3) days prior to such primary or election, when it shall be finally and absolutely closed at 5:00 p.m. on the last day.
Section 7-11. Registration of Absent Persons. Any qualified voter who desires to be registered to vote shall be required to apply in person before the registering officer for such purpose.
Section 7-12. Duty to Prove Right to Register. No person unknown to the registering officer shall be allowed to register until he produces evidence of his residence in the city and his right to register.

Section 7-13. Preparation, Revision, Certification of Registration Lists. In making a voters' registration list, and in revising such list, the registrars shall examine the grounds for disqualification of voters, and
shall leave no person on said list who is not entitled to register, and shall strike no name from said list who is entitled to register and vote.

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After such registrars have fully completed their work in revising the voters' registration list, they shall file a certified copy of such list, alphabetically arranged, with the city clerk.

Section 7-14. Revision of Lists to Exclude Disqualified Persons. In order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as now or may be hereafter provided for by State law. The registering officer shall refuse to register any person whose name appears on these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed.

Section 7-15. Registrars to Hear Complaints. Five (5) days prior to the date of any election for any purpose, held in and for the city, the registrars shall, in open session in the council chamber, hear all chal lenges of the right of registration of any person whose name appears upon the voters' registration list. The procedure for deciding such chal lenges shall be provided by ordinance of the mayor and council.

Section 7-16. Delivery of Voters' List to Clerk of Council. At least three (3) days prior to a primary or election, the registrars shall file one certified copy of the revised voters' list with the clerk of council for the inspection of all parties concerned.
Section 7-17. Registration to be Permanent Unless Voter Becomes Disqualified. All persons who register as herein provided and otherwise qualified to vote in the City of Meansville shall remain permanently registered and shall be entitled to vote at all elections held by the City of Meansville or its authorities so long as he may continue to be a quali fied voter in said city, provided he does not become disqualified to vote, in which event said elector's name shall be stricken from the list of qualified voters by the board of registrars, which is hereby authorized to purge said list prior to each election, as provided in Section 34A-515 of the Georgia Code of 1933, as amended.
Section 7-18. List of Registered Voters to be kept as Permanent List. The list of registered voters, prepared and purged as herein pro vided, shall be kept and retained on file in the office of the clerk of the mayor and council of the city as a permanent registration list, until the same has been superseded by a new list also prepared and purged as provided herein, at which time the superseded list may be destroyed.

Section 7-19. Violation by Registrants. Any person who shall regis ter illegally under this Article or be guilty of a violation of Sections 34-1901 and 34-1902 of the State Election Code or Section 34A-509 of the Municipal Election Code pertaining to false statements and false registration, in registering under this Article, shall be guilty of a mis demeanor, and on conviction shall be punished therefor.

Section 7-20. Violations by Clerk of Council, Registrars. Should the clerk of council or registrars wilfully refuse to permit any person to register who is entitled to do so under this Article or under Chapter 34A-5 of the Municipal Election Code, or fail to enter the name of any such person upon the records to be kept for that purpose, or should

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illegally remove the name' of any such person from such record, or the lists prepared for holding such election, or shall wilfully enter the name of any person on such lists who is not entitled to register, then such clerk or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such.

ARTICLE VIII. ELECTIONS
Section 8-1. Council, Mayor to be Elected by Voters of Entire City. All councilmen and the mayor of the city shall be elected by the voters of the entire city, voting at large.

Section 8-2. Residence Requirements of Candidates for Councilman, Mayor. In order to be eligible to be elected as a councilman or as mayor of the city, a candidate must be a resident and qualified and duly registered elector of the city on the date he qualifies to run for office, and at the time of election thereto.

Section 8-3. Candidates for Council to Indicate Type of Candidacy. A candidate for office hereunder shall designate the specific office for which he is offering as a candidate.
Section 8.4. Designation of Polling Places. The mayor and council of the city shall designate the polling places for the conduct of elections in the city.
Section 8-5. Hours for Opening, Closing Polls. The polls for the holding of all elections in and for the city shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in said city, at which time they shall be closed.
Section 8-16. Challenge of Voter. When any voter is challenged, that fact shall be so written opposite his name on the voters' lists and also on his ballot, and he shall be required to take the following oath:

"I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and resided in the State for one (1) year, in the County of Pike for not less than six (6) months and in the City of Meansville for not less than ninety (90) days next preceding the election; and that I have not voted before at this election, so help me God."

Any voter who shall refuse to take the oath when challenged shall have his ballot rejected.

Section 8-7. Declaration of Election Results. The mayor and coun cil, or so many of them as are not disqualified by being a candidate for election shall, at their first meeting after an election, declare the result of the election, those receiving the highest number of votes being de clared elected, or the question voted upon being declared carried or not carried, as the case may be; the resolution of the council declaring the results of the election shall be entered on the minutes of the council; provided, however, that any two (2) councilmen or one (1) councilman

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and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified.

Section 8-8. Police to Preserve Peace and Order at Polls. To pre serve peace and good order at the polls, so that every voter may have an unobstructed opportunity to cast his ballot, or so that the secrecy of the same may be maintained, it shall be the duty of the municipal au thorities to furnish a sufficient number of police.

Section 8-9. Accompanying Voter to Polls. It shall be unlawful for any person to lead or carry a voter to the polls, or to accompany or follow him, either to influence his vote, or to see how he votes, or to see that he votes in any particular way.

Section 8-10. Electioneering. It shall be unlawful for any person to electioneer, or in any way to influence or try to influence any voter, or to speak to him on any subject of voting within two hundred fifty (250) feet of the voting place. The provisions of this Section shall not apply to the managers of the polls in the discharge of their duties as such, provided they do not electioneer or try to influence any voter in any particular manner.

Section 8-11. Penalties for Unlawful Conduct at Polls. Any person or persons who shall in any manner violate either or any of the provisions of Sections 8-9 or 8-10 shall be guilty of a misdemeanor, and upon con viction shall be punished as prescribed by law in cases of misdemeanor.

Section 8-12. Violations and Penalties. The violations set forth in Chapter 34A-16 of the Code of Georgia of 1933, as amended, being part of the Georgia Municipal Election Code, when committed in any city primary or election, shall constitute violations of this Article, excepting therefrom, however, those violations and penalties which by their nature can have no application.

ARTICLE IX. RECALL OF ELECTIVE OFFICERS
Section 9-1. Scope of Article Provisions. Any elective officer of the city shall be subject to recall and removal from office by the qualified voters of the city, and the procedure to effect such removal shall be as provided in this Article.

Section 9-2. Recall Election Prohibited at Certain Times. No recall petition shall be filed against any officer of the city within six (6) months after his election, nor within six (6) months after an election for
such officer's recall.

Section 9-3. Petition for Recall: Execution, Filing. A petition de manding that the question of removing an elective officer or officers be submitted to the voters, shall be filed with the person discharging the duties of city clerk. Such petition for the recall of any such elective officer or officers shall be signed by at least twenty-five percent (25%) of the qualified voters as determined by the registration list as used in the next preceding election, at least one-fifth (1/5) of whom shall certify

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that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be re called.

Section 9-4. Issuance of Petitions for Signatures. Petitions for sig natures for recall of an elective officer shall be procured only from the person exercising the duties of city clerk, who shall keep a sufficient number of such blank petitions on file for distribution; prior to the
issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that the issuance of such petition or petitions are desired.

Section 9-5. Record of Petitions for Removal Issued. The officer issuing petitions for removal of an elective officer shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petition issued, and shall certify on such peti tions for signatures the names of the voter to whom issued and the date of its issuance.

Section 9-6. Prerequisites to Accepting Petition for Signatures. No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears the certificate provided for in Section 9-3 and be filed as herein provided.

Section 9-7. Identification of Signer of Recall Petition. Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence in the city, by street and number.

Section 9-8. Affidavit of Circulation to Accompany Recall Petition. To each petition for recall there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his presence, and is that of a person whose name it purports to be.

Section 9-9. Filing of Recall Petition, Notice Thereof. All papers comprising a recall petition shall be returned and filed with the city clerk, within thirty (30) days after the filing of the affidavit herein before provided for. Upon the return of such petition, the person exer cising the duties of city clerk shall at once submit the same to the governing authority of the city, and shall notify the officer or officers sought to be recalled of such action.

Section 9-10. Fixing Date for Recall Election. If the official whose removal is sought does not resign within five (5) days after the notice provided for in Section 9-9 is given, the governing authority of the city shall thereupon order and fix a day for holding a recall election, the date of which election shall be not less than fifteen (15) nor more than thirty (30) days from the time the petition for recall was presented to the governing authority of the city.

Section 9-11. Form, Content of Ballot. The ballot in a recall election shall conform to the following requirements: with respect to each person

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whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name office) by recall?" Im mediately following each of such questions there shall be printed on the ballots, in separate lines, in the sequence here set out the words: "For the recall of (naming person), against the recall of (naming person)."

Section 9-12. Effect of Recall Election. Should a majority of the votes cast at a recall election be for the recall of the officer named on the ballot, he shall be deemed removed from office, regardless of any defects in the recall petition; but should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as herein provided.

Section 9-13. Effect of Election Recalling Less Than All Elective Officers. If in a recall election there shall remain, as a result of such election, one or more of such elective officers who is not recalled, then such officers or officer not recalled shall discharge all of the duties incumbent upon the governing authority of the city until the vacancy or vacancies created at such recall elections are filled by an election for that purpose, as hereinafter provided.

Section 9-14. Election to Fill Vacancies Created by Recall. If at any recall election it is not proposed and submitted to recall all of the elective officers, but any one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, pro posed to be recalled, the governing authority of the city, within five (5) days after the result of such election has been certified by the mayor thereof, shall meet and on the same day order a special election to fill such vacancy or vacancies, which election shall be held not less than thirty (30) days nor more than sixty (60) days after the same has been ordered.
Section 9-15. Conduct of Election to Recall All Elective Officers. If in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, in which event, however, the name of such officers proposed to be recalled shall not appear on the ballot as candidates.
Section 9-16. Authority of Superior Court of Pike County. In the event the governing authority of the city shall fail or refuse to receive a recall petition, order a recall election, or discharge any other duties with reference to such recall, or in the event of the failure of the city clerk to discharge the duties herein provided to be discharged by him, the Superior Court of Pike County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said city, or any of the duties herein provided to be discharged by the city clerk.

ARTICLE X. DIRECTORY AND TRANSITORY PROVISIONS
Section 10-1. Succession to Rights, Privileges, Remedies, Debts, Liabilities. The City of Meansville, as continued by this Act, shall sue-

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ceed to all the rights, privileges and remedies of, and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of the present Town of Meansville and its former governing authorities as heretofore incorporated.

Section 10-2. Preservation of Ordinances and Resolutions. All ordi nances and resolutions in force at the time of the taking effect of this Act, not inconsistent with its provisions, shall continue in force until amended or repealed.

Section 10-3. Preservation of Existing Officers, Salaries, Pees, Licenses, Special Taxes. Nothing in this Act shall affect the present officers of the city or their fees or salaries, or the licenses and special taxes or the tax rate fixed by the ordinances of said city for the current year.

Section 10-4. Severability. If any provision of this Act shall be held to be unconstitutional or invalid for any reason, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect.

Section 10-5. Act Repealed. The following Act of the General As sembly of the State of Georgia is hereby repealed in its entirety: Georgia Laws 1913, p. 1055.

Section 10-6. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act shall be and are hereby repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

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

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

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

The President called for 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 Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Poster Garrard Hamilton of 26th Hamilton of 34th
Hill Holley Holloway Howard

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Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

JOURNAL OF THE SENATE,

McGill Overby Pearce Reynolds Russell Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not answering to their names were Senators:

Bell Gillis

Riley Robinson

Tysinger

Senator Stumbaugh of the 55th introduced the chaplain of the day, Rev. Gil Watson, pastor of Lithonia First United Methodist Church, Lithonia, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 440. By Senators Kidd of the 25th, McGill of the 24th, Lester of the 23rd and others: A resolution commending Tom Wassell.
SENATE RULES CALENDAR Tuesday, March 2, 1976
SB 411. Tenants Holding Over--proceedings against (SUB) SB 705. State Equine Commission--create (AM) SB 706. Board of Athletic Trainers--create HB 732. Crime Information Center Advisory Council--composition (SUB) HB 1258. Intent to Defraud on Real Estate Improvement--define as theft HB 1271. Loitering on School Premises--unlawful HB 1302. Teachers' Retirement--creditable service for leaves of absence
(AM) HB 1341. Soybean, Apple, Peach Crop Owner--destroying deer HB 1362. Public Employees--deduct insurance premiums from wages HB 1385. Unreturned Tax on Property--amount of penalty HB 1533. Chiropractic Col. Student--conditions for perf. chiro. tasks (SUB) HB 1540. Farmers Market--person selling on premises licensed by Ag.
Comm. HB 1550. Tax Affidavits with Application for Car Tag--repeal Act

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2161

HB 1566. Juvenile Allegedly Committing Criminal Act--interstate rendition HB 1571. Fiscal Note Act--bills changing anticipated revenue level HB 1580. MARTA--change semi-annual reporting requirements HB 1583. Public Transit Buses--prohibit certain acts (AM) HB 1584. MARTA Board of Directors--election of secretary HB 1685. Annual Reports of Insurance Commission--public inspection HB 1716. Superintendent of Schools--annual reports HB 1731. Trucks Transporting Forest Products--change provisions HB 1771. Trustees--invest certain funds at surviving spouse's direction HR 398. City-County Tax--exempt personal tangible property in transit HR 494. Attendance by 60 Yr. Old to Unit of Univ. System--no tuition
(SUB) HR 666. Decatur County--conveyance of certain real property HR 669. Emanuel County--conveyance of certain State-owned property HR 744. Irwin County--conveyance of certain State-owned property HR 745. Irwin County Conveyance of Prop.--circumstances for return to
UDC HR 746. Bulloch County--lease of certain State-owned property

Respectfully submitted,
Is/ Frank Eldridge Jr. 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 411. By Senator Howard of the 42nd:
A bill to amend Code Title 61, relating to landlords and tenants, so as to change the provisions relating to proceedings against tenants holding over; to provide that landlords shall be authorized to petition for writ of possession and to provide for execution thereof; to provide for practices and procedures in connection therewith; to provide for costs.

The Senate Committee on Judiciary offered the following substitute to SB 411:
A BILL
To be entitled an Act to amend Code Title 61, relating to landlord and tenant, as amended, so as to change the provisions relating to proceedings against tenants holding over; to provide for a manner of

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service of process in dispossessory proceedings when personal service cannot be had; to change the provisions relative to the filing of an answer; to authorize opening defaults within a certain period of time; to provide for hearing as to rent to be paid into the registry of the court so as to preserve interim possession; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Title 61, relating to landlord and tenant, as amended, is hereby amended by striking from the last sentence of sub section (a) of Code Section 61-302, relating to the service of summons in a dispossessory proceeding, the following:

"if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on the door of the premises",

and substituting in lieu thereof, the following:

"after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and petition on the door of the premises and on the same day of such tacking, en closing, directing, stamping and mailing by first class mail a copy of said summons and petition to the tenant at his last known address, if any, and making an entry of this action on the petition filed in
said case",

so that when so amended, subsection (a) of Code Section 61-302 shall read as follows:
(a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be given by delivering said summons and affidavit to any person sui juris residing on the premises, or after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and petition on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class mail a copy of said summons and petition to the tenant at his last known address, if any, and making an entry of this action on the petition filed in said case."
Section 2. Said Code Title is further amended by striking in sub section (b) of Code Section 61-302, relating to the service of a summons in a dispossessory proceeding on a defendant, the following:
"appear at a hearing on a day certain not less than five nor more than twenty days from the date of actual service.",

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and substituting in lieu thereof, the following:

"answer either orally or in writing within seven (7) days from the date of actual service unless the court is not in session on the seventh day, in which case the answer may be made on the first day the court is in session after such date. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counter claim. The landlord need not appear on the date of the tenant's response. The last possible date to answer shall be stated on the summons.",

so that when so amended, subsection (b) of Code Section 61-302 shall read as follows:

"(b) The summons served on the defendant pursuant to sub section (a) shall command and require the tenant to answer either orally or in writing within seven (7) days from the date of actual service unless the court is not in session on the seventh day, in which case the answer may be made on the first day the court is in session after such date. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant's response. The last possible date to answer shall be stated on the summons."

Section 3. Said Code Title is further amended by striking in Code Section 61-303, relating to answer and trial in a dispossessory proceed ing, the following:

"At or before the time of the hearing, the defendant may answer in writing. Also the defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense, or counterclaim. If the tenant fails to answer, the court shall issue a writ of possession; and the plain tiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-301 were supported by proper evidence without the intervention of a jury.",

and substituting in lieu thereof, the following:
"If the tenant fails to answer at or before the date provided in Section 61-302(b), the tenant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of Section 55 of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609), as now or hereafter amended. If the court is not in session on the seventh day after the date of default, then the answer may be made on the next day the court is in session. Such date shall be stated on the summons. If the tenant fails to answer or open the default, the court shall issue a writ of possession; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in

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open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-301 were supported by proper evidence without the intervention of a jury.",

so that when so amended, Section 61-303 shall read as follows:

"61-303. Answer and Trial. If the tenant fails to answer at or before the date provided in Section 61-302 (b), the tenant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of Section 55 of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609), as now or hereafter amended. If the court is not in session on the seventh day after the date of default, then the answer may be made on the next day the court is in session. Such date shall be stated on the summons. If the tenant fails to answer or open the default, the court shall issue a writ of posses sion; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-301 were supported by proper evidence without the intervention of a jury.

If the tenant answers, a trial of the issues shall be had in accordance with procedure prescribed for civil actions in courts of record. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that the tenant at the time of his answer pays rent into the registry of the court pursuant to Code Section 61-304."

Section 4. Said Code Title is further amended by striking in its entirety the introductory paragraph and subsections (a), (b) and (c) of Code Section 61-304, relating to payment of rent into court in dispossessory proceedings, and substituting in lieu thereof the following:

"61-304 Payment of rent into court.-- (a) If the tenant answers, a preliminary hearing shall be held not less than 14 days nor more than 25 days after the date of service of the affidavit, unless during said period the court is not in session, in which case the hearing shall be held during the first five days of the next session of the court. The date, time and purpose of the hearing shall be set forth in the affidavit. In order to retain interim possession of the premises after said preliminary hearing pending final determination of the issue, the tenant shall be required to pay into the registry of the trial court the following amounts to be determined by the court at said hearing:
(1) all amounts past due and owing; and

(2) all amounts which become due after the issuance of the affidavit, as said amounts become due.

In the event said amounts are in controversy, the court shall deter-

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mine said amounts in the manner as provided in subsection (b) of this Section.

(b) If the landlord and tenant disagree as to the amounts actually due or to become due, the court shall make a preliminary determination of said amounts which shall be paid into the registry of the court pursuant to subsection (a). The parties may submit to the court any evidence, including any lease agreement and evidence of any claims or defenses arising out of the same transac tion. If the written lease or other written agreement provides for a percentage rental based upon gross receipts or other variable formula, the court may consider in determining said amounts due the last previous payment made by the tenant and accepted by the landlord without written objection.

(c) If the tenant should fail to make any payment as it be comes due pursuant to subsections (a) or (b) of this Section, the court shall issue a writ of possession after notice to the tenant by rule nisi and the landlord shall be placed in full possession of the premises by the sheriff, deputy or constable. Issuance of said writ of possession shall not affect the merits of said case but shall only affect the right of possession pending a final decision on the merits."

Section 5. 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 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 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 30, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, a roll call was taken, 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 6th Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins

Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Robinson Russell Shapard Starr

Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Bell Duncan Fincher

Holloway Hudson Langford

Reynolds Riley Stumbaugh

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 Howard of the 42nd moved that SB 411 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 411 was immediately transmitted to the House.

SB 705. By Senator Stephens of the 36th: A bill to create a State Equine Commission; to provide for the appoint ment, qualifications, powers, duties, oath of office and bond of the mem bers of the Commission; to provide for a quorum; to provide for rules and regulations; to provide the procedure for applying for a permit and/or license to conduct race events and meetings; to provide for the records of the State Equine Commission.
The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following amendment:
Amend SB 705 by striking on Page 3, Section 2(d) in its entirety and inserting in lieu thereof the following:
"The Commissioner of Agriculture shall be a voting member of said State Equine Commission and shall have the right to appoint

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2167

one member of said Commission in addition to himself and the three members appointed by the Governor."

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

Senator Gillis of the 20th offered the following amendment: Amend SB 705 by deleting on Page 1, line 6 the word "race";
and by striking on Page 1, line 10 the word "gifts", and inserting in lieu thereof the word "trophies"; and by striking on Page 1, line 25 the word "racing"; and by striking on Page 4, line 5 the word "racing".

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, a roll call was taken, 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 31st
Doss
Eldridge
Fincher

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

Pearce Russell Shapard Stephens Stumbaugh Summers Tate Traylor Turner
Tysinger
Warren
Young

Those voting in the negative were Senators:

Brown of 47th Duncan Foster Hudson

Lewis McDuffie Overby Reynolds

Starr Sutton Thompson Timmons

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Those not voting were Senators:

Dean of 6th Garrard

Riley

Robinson

On the passage of the bill, the yeas were 40, nays 12.

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

Senator Stephens of the 36th moved that SB 705 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 705 was immediately transmitted to the House.

SB 706. By Senator Doss of the 52nd:
A bill to create the Georgia Board of Athletic Trainers and provide for the regulation and licensing of athletic trainers; to provide for defini tions ; to create the board; to provide for members, qualifications, duties, powers, authority, appointments, terms of office, oaths and va cancies; to provide for officers.

Senator Sutton of the 9th offered the following amendment:
Amend SB 706 by adding at the end of Section 6, on line 9 of Page 4, the following:
"Notwithstanding any other provision of this Act or other law, each member shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be reim bursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Section. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00."

On the adoption of the amendment, the yeas were 31, 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.

TUESDAY, MARCH 2, 1976

2169

On the passage of the bill, a roll call was taken, 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 Doss Duncan Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford McDowell McGill Overby Reynolds Riley Robinson

Voting in the negative was Senator McDuffie.

Those not voting were Senators:

Banks Dean of 6th Garrard

Holloway Hudgins Lester

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

On the passage of the bill, the yeas were 46, nays 1.

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

Senator Doss of the 52nd moved that SB 706 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 706 was immediately transmitted to the House.

Senator Stumbaugh of the 55th moved that the following bill of the Senate be immediately transmitted to the House.

SB 695. By Senator Stumbaugh of the 55th:
A bill to create the DeKalb County Airport Authority; to declare the need for such Airport Authorities; to declare the purposes and objec tives of this Act; to define certain terms; to provide for the membership of each such Authority; to provide for the terms of office of each such Authority.

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On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 695 was immediately transmitted to the House.

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

HB 732. By Representatives Walker of the 115th, Russell of the 53rd, Hill of the 127th and others:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act creating the Georgia Crime Information Center and a criminal justice information system so as to change the com position of the Advisory Council for the Georgia Crime Information Center; to provide that the Governor shall be Chairman of the Advisory Council.
Senator Button of the 9th offered the following amendment:
Amend HB 732 by adding in the title on line 9 of Page 1, im mediately preceding the word "to", the following:
"to change the provisions relative to compensation of members of the Council;".
By adding in Section 1, at the end of line 26 of Page 2, the following:
"Notwithstanding any other provisions of this Act or other law, each member shall receive the sum of $36:00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be reimbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Section. Provided, however, if a meeting is held within fifty miles of the members's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00."
On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment offered by Senator Sutton of the 9th was adopted.

The Senate Committee on Judiciary offered the following substitute to HB 732:
A BILL
To be entitled an Act to amend an Act to provide for the establish ment of the Georgia Crime Information Center, approved April 19,

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2171

1973 (Ga. Laws 1973, p. 1301), so as to provide additional definitions; to modify the organization and structure of the Georgia Crime Informa tion Center; to change the provisions relative to the duties of the Georgia Crime Information Center; to provide for reporting to the Georgia Crime Information Center by justices of the peace; to delineate the duties and change the membership of the Georgia Crime Informa tion Council; to change the provisions relative to penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act to provide for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), is hereby amended by adding to Section 1 thereof new subsections (d) and (e) to read as follows:

"(d) 'Criminal justice information' means and shall include the following classes of information:

(1) 'Secret' data includes information dealing with those ele ments of the operation and programming of the GCIC/CJIS com puter system and the communications network, and satellite computer systems handling criminal justice information which prevents un lawful intrusion into the system.

(2) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indict ments, accusations, information or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system.

(3) 'Sensitive' data contains statistical information in the form of reports, lists and documentation which may identify a group characteristic. It may apply to groups of persons, articles or vehic les, etc.; e.g., white males or stolen guns.

(4) 'Restricted' data contains information relating to datagathering techniques, distribution methods, manuals and forms.

(e) 'Law enforcement agency' means a governmental unit of one or more persons employed full time or part time by the State, a State agency or department or a political subdivision of the State for the purpose of preventing and detecting crime and en forcing State laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority."

Section 2. Said Act is further amended by striking from subsec-

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tion (a) of Section 2 thereof the words "within the Department of Public Safety" and substituting therefor the words "within the Georgia Bureau of Investigation", and striking the words "GCIC Advisory Council" and substituting therefor the words and symbol "GCIC Council, the", so that, as amended, said subsection (a) shall read as follows:

(a) There is hereby established for the State of Georgia, with in the Georgia Bureau of Investigation, a system for the intrastate communication of vital information relating to crimes, criminals, and criminal activity to be known as the Georgia Crime Information Center, hereinafter referred to as the GCIC. Central responsibility for the development, maintenance, and operation of the GCIC shall be vested with the Director of the GCIC with the assistance and guidance of the GCIC Council, the establishment of which is here inafter provided."

Section 3. Said Act is further amended by striking subsection (b) of Section 3 thereof in its entirety and substituting therefor a new subsection (b) to read as follows:

"(b) Compare all fingerprint and other identifying data re ceived with those already on file and whether or not a criminal record is found for that person, at once inform the requesting agency or arresting officer of such facts as may be disseminated consistent with applicable security and privacy laws and regulations. A log shall be maintained of all disseminations made of each
individual criminal history including at least the date and recipient of such information."

Section 4. Said Act is further amended by striking subsection (i) of Section 3 in its entirety and substituting a new subsection (i) in lieu thereof to read as follows:

"(i) Make available upon request, to all local and State criminal justice agencies, to all federal criminal justice agencies and criminal justice agencies in other states any information in the files of the GCIC which will aid these agencies in the performance of their official duties. For this purpose the GCIC shall operate on a 24-hour basis, seven days a week. Such information, when au thorized by the Council, may also be made available to any other agency of this State or political subdivision of this State, and to any other federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal
offenders."

Section 5. Said Act is further amended by adding to the end of Section 3 new subsections (m) and (n) to read as follows:

"(m) Provide availability by means of data processing, to files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstand ing warrants, identifiable stolen property, and such other files as may be of general assistance to law enforcement agencies.

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2173

(n) For the purpose of enforcing the provisions of this Act, GCIC shall maintain a field coordination and support unit whose agency shall have all the power conferred by law upon any peace officer of this State."

Section 6. Said Act is further amended by adding to subparagraph (5) of subsection (a) of Section 4, between the phrases "all municipal justices where they have no clerks," and "all persons in charge of State and county probation and parole offices,", the following:

"all justices of the peace,",

so that, as amended, said subparagraph shall read as follows:

"(5) All persons in charge of law enforcement agencies, all clerks of court, all municipal justices where they have no clerks, all justices of the peace, all persons in charge of State and county probation and parole offices, shall supply GCIC with the informa tion described in Section 3 on the basis of the forms and instruc tions to be supplied by GCIC."

Section 7. Said Act is further amended by striking in its entirety the present Section 5 thereof and substituting in lieu thereof a new Section 5 as follows:

"Section 5. (a) There is hereby created the Georgia Crime Information Center Council.

(b) The duties and responsibilities of this Council are to:

(1) Advise and assist in the establishment of policies under which the GCIC is to be operated.

(2) Insure that the information obtained pursuant to this Act shall be restricted to the items specified in this Act and insure that the GCIC is administered so as not to accumulate any information or distribute any information that is not specifically approved in this Act.

(3) Insure that adequate security safeguards are incorporated so that the data available through this system is used, only by properly authorized persons and agencies.

(4) Establish appropriate disciplinary measures to be taken by GCIC in the instance of violations of data reporting or dissemina tion of laws, rules, and regulations by criminal justice agencies or members thereof covered by this Act.
(5) Establish other policies which provide for the efficient and effective use and operation of the GCIC under the limitations imposed by the terms of this Act.

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(c) The Council shall consist of a maximum of fourteen (14) members as follows:

(1) The Attorney General or his designee;

(2) The Commissioner of Offender Rehabilitation or his des ignee;

(3) The Commissioner of Public Safety or his designee;

(4) The Director of the Georgia Bureau of Investigation or his designee;

(5) The Administrator of the State Crime Commission or his designee;

(6) The following members to be appointed by the Governor:

(A) A District Attorney;

(B) A Sheriff;

(C) A County Commissioner;

(D) A Chief of Police;

(E) A chief executive of a municipality;

(F) A member of the State Bar of Georgia who is regularly engaged in criminal defense work;

(G) Three citizens of the State of Georgia.

The initial members shall be assigned terms by the Governor, three for two-year terms; three for three-year terms; and the re mainder for four-year terms. Thereafter, terms shall be for four years. In the event there is a vacancy on the Council, the Governor shall appoint to the unexpired term.

(7) No member shall continue to serve on the Council when he no longer officially represents the function for which he was appointed, except the citizens appointed by the Governor.

(d) In addition to the above regular members of the Council, a Superior Court Judge, an Inferior Court Judge and a Clerk of Superior Court shall be appointed by the Governor as advisory members to meet and confer with the Council. The Director of the Administrative Office of the Courts shall serve as an advisory mem ber ex officio. The initial advisory members shall be appointed for two-year, three-year and four-year terms of office as designated by the Governor. Thereafter, terms shall be for four years.

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2175

(1) The advisory members provided for pursuant to subsec tion (d) shall not have voting powers.

(2) Any person appointed pursuant to subsection (d) shall serve only so long as he holds that office.

(e) Members of the Council, their designees and those specified in subsection (d) above shall serve without compensation, but with in the limits of funds available, shall be entitled to reasonable reimbursement for all necessary expenses incurred in the discharge of their duties.

(f) The Council shall meet at such times and places as it shall deem appropriate. A majority of the Council shall constitute a quorum for transacting any business of the Council. The Council shall establish its own rules and regulations for performance of the responsibilities charged to it herein."

Section 8. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 as follows:

"Section 7. (a) Any person who knowingly requests, obtains or attempts to obtain criminal history record information under false pretenses, or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this Act, or any member, of ficer, employee or agent of GCIC, the GCIC Council or any partici pating agency who knowingly falsifies criminal history record in formation, or any records relating thereto, shall for each such offense be fined not more than $5,000, or imprisoned for not more than two years, or both. Any person who communicates or attempts to communicate criminal history record information in a negligent manner not in accordance with this Act shall for each such offense be fined not more than $100, or imprisoned not more than ten days, or both.
(b) Any person who knowingly discloses or attempts to dis close the techniques or methods employed to insure the security and privacy of information or data contained in criminal justice information systems except in accordance with this Act shall for each such offense be fined not more than $5,000 or imprisoned not more than two years, or both. Any person who discloses or at tempts to disclose such information in a manner not permitted by this Act shall for each such offense be fined not more than $100, or imprisoned not more than ten days, or both,"

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Sutton of the 9th offered the following amendment: Amend the substitute offered by the Senate Committee on Judiciary

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to HB 732 by adding in the title on line 10 of Page 1, immediately preceding the words "to change", the following:

"to change the provisions relative to compensation of members of the Council;".

By adding in Section 7, at the end of line 26 of Page 8, the follow ing:

"Notwithstanding any other provision of this Act or other law, each member or designee shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be reimbursed for actual transportation costs incurred in at tendance at a meeting of the body in the amount of the least ex pensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimburse ment for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Section. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00."

On the adoption of the amendment, the yeas were 38, 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 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, a roll call was taken, 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 Duncan Fincher Foster Gillis Hamilton of 26th Hill Holley Holloway Howard

Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

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2177

Shapard Starr Stephens Summers

Tate Thompson Traylor Turner

Tysinger Warren Young

Voting in the negative were Senators: Eldridge and Sutton.

Those not voting were Senators:

Coverdell Garrard Hamilton of 34th Hudgins

McDowell Riley Robinson

Russell Stumbaugh Timmons

On the passage of the bill, the yeas were 44, nays 2.

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

Senator Fincher of the 54th introduced the doctor of the day, Dr. James E. Marlow, of Dalton, Georgia.

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

HB 1271. By Representatives Tolbert, Davis and Floyd of the 56th and others: Senate Sponsor: Senator Warren of the 43rd.
A bill to amend an Act providing that it shall be unlawful for any person to loiter and remain upon the premises of any public or private school when such person has no legitimate need to be present thereon.

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

On the passage of the bill, a roll call was taken, 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 Gillis Hamilton of 26th Hamilton of 34th Hill Holley

Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

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Pearce Reynolds Robinson Russell Shapard

Starr Stephens Summers Sutton Tate

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 31st Garrard Holloway

Hudgins Riley Stumbaugh

Thompson Timmons

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

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

HB 1302. By Representative Lane of the 31st:
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 creditable service for leaves of absence.

The following fiscal note, as required by law, was read by the Secretary: January 19,1976

MEMORANDUM:

TO: FROM:
SUBJECT:

Mr. Ernest B. Davis, State Auditor
Wesley H. Rucker, Executive Secretary-Treasurer Teachers' Retirement System
House Bill 1302

This bill would make it possible for members of the Teachers Re tirement System to establish credit for periods of approved study leave if the members have been granted leaves of absence by their employers prior to the leave. The bill would eliminate the provision in the present law which requires members receiving retirement credit for study leave to be carried in a covered position with at least % salary.

We estimate that approximately 460 college personnel and possibly 200 public school personnel have already obtained study leave and could establish retirement credit for study leave under this bill. We have estimated that these members could establish credit for ap proximately 420 years of service. We estimate that the total cost of this service for the college personnel would be approximately $2,145,300 and the cost of the service for the public school personnel would be ap proximately $1,001,700. Both of these amounts take into consideration the estimated amount of member contributions and accrued interest that these 660 members would have to pay to the Teachers Retirement

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2179

System under the bill. The calculations do not take into account any amount of employer contributions and accrued interest that would be paid to the Teachers Retirement System because of members' having been paid from funds other than State funds. If this took place, the estimated cost would be decreased by whatever amount of employer contributions and interest were paid.

Members who obtain study leave in the future could also establish retirement credit under this bill if leaves of absence are obtained in advance and the required contributions and interest are paid to the Teachers Retirement System.

We believe that the cost of the service that could be established under this bill, both past and future, could be financed by an increase in the employer contributions rate of .01% of payroll. The estimated cost to the State for the Fiscal Year 1976-77 would be approximately $57,700.

The Senate Committee on Retirement offered the following amendment:

Amend HB 1302 by inserting on Page 1, line 6, following the word "absence" the following:
"; to provide an effective date";
and
By renumbering Section 2 as Section 3;

and

By inserting following Section 1 the following:

"Section 2. This Act shall become effective whenever the General Assembly appropriates the necessary funds to implement the provisions of this Act."

On the adoption of the committee amendment, the yeas were 13, nays 23, and the amendment was lost.

Senator Lester of the 23rd moved that the Senate reconsider its action in defeating the committee amendment to HB 1302.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the com mittee amendment to HB 1302 was reconsidered.

The amendment offered by the Senate Committee on Retirement to HB 1302 was as follows:

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Amend HB 1302 by inserting on Page 1, line 6, following the word "absence" the following:

"; to provide an effective date";

and

By renumbering Section 2 as Section 3;

and

By inserting following Section 1 the following:

"Section 2. This Act shall become effective whenever the Gen eral Assembly appropriates the necessary funds to implement the provisions of this Act."

Senator Lester of the 23rd offered the following amendment:

Amend the Senate Retirement Committee amendment to HB 1302 by striking quoted Section 2 in its entirety and substituting in lieu there of the following:

"Section 2. This Act shall become effective whenever the necessary funds to implement the provisions thereof are available."

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

On the adoption of the committee amendment, the yeas were 33, nays 0, and the committee amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, 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 Doss Duncan Eldridge Fincher Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis

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2181

McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens

Summers Tate Thompson Traylor Turner Young

Those voting in the negative were Senators:

Coverdell

Tysinger

Warren

Those not voting were Senators:

Broun of 46th Foster Holley

Holloway Hudgins Stumbaugh

Sutton Timmons

On the passage of the bill, the yeas were 45, nays 3.

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

Senator Lester of the 23rd moved that HB 1302 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1302 was immediately transmitted to the House.

HB 1341. By Representatives Culpepper of the 98th, Long of the 142nd, Foster of the 6th and others:
Senate Sponsor: Senator Sutton of the 9th.
A bill to provide that the owner of a soybean, apple or peach crop, or his immediate family, or one of his employees shall have the right to destroy deer under certain conditions.

Senator Sutton of the 9th offered the following substitute to HB 1341:
A BILL
To be entitled an Act to authorize the Department of Natural Re sources to issue permits to farmers of this State which authorize the farmers to kill deer which cause damage to crops; to provide for ap plications; to provide for the permits to contain certain restrictions; to provide for procedures connected therewith; to provide for penalties; to provide for intent; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. The Department of Natural Resources shall be au thorized to issue permits to farmers of this State which authorize the farmers to kill deer which cause damage to crops. A farmer shall make application to the Game and Fish Division of the Department for a permit. The Department shall prescribe the necessary information to be included in the application. The Department shall issue permits only in cases where the killing of deer is justified. A representative of the Department shall be authorized to investigate claims of damage and the necessity of killing deer in any case prior to issuance of a permit. Permits issued by the Department shall include, but not be limited to, restrictions relative to the following:
(a) Property on which deer may be killed;
(b) persons authorized to kill deer on the property;
(c) crops which may be protected;
(d) number of deer killed;
(e) sex of deer killed;
(f) expiration date of permit.

Section 2.
If a permit they authorize To bring about the Early Demise Of this animal we adore Whose death we deplore.
The farmer to whom we give The power of life to kill or let live Must leave this creature where he did fall And notify the wildlife Ranger of it all.
The Ranger's duty will then be To appraise the evidence to see The culpability of the animal killed And if the terms of the law be filled.
If this analysis tends to prove That a farmer's produce he did move Then Society we cannot blame For by this Act he became fair game.
If in his pouch he did wear Watermelon, okra, peaches or a pear Or any other such illegal contraband To justify taking of his life on demand.
Or if he fell where crops abound Away from home on foreign ground The place he fell will be lasting Prima facie evidence of trespassing.
When the conditions of this Act are met And the sentence of the Grim reaper be set His carcass will be skinned, quartered and used In a hospital to feed whites, blacks and Jews.

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2183

But if a farmer after the kill His own freezer does try to fill His guilt will be Judged for all to see Guilty of a misdemeanor in the first degree.

Section 3.
Nothing in this bill shall prohibit The Board of Natural Resources to print and distribute Regulations relative to the matters contained But in other matters they are restrained.

Section 4.
All laws and parts of laws in conflict By this Act we do predict And to the public is revealed Such laws are hereby repealed.

Senator Sutton of the 9th moved that the substitute offered by him to HB 1341 be withdrawn.

On the motion, the yeas were 42, nays 1; the motion prevailed, and the substitute was withdrawn.

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

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

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Doss Duncan Eldridge
Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester McDowell
McDuffie McGill Pearce Riley

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

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Those voting in the negative were Senators:

Ballard Bond Brown of 47th

Howard Overby

Reynolds Tate

Not voting were Senators Dean of 31st and Lewis.

On the passage of the bill, the yeas were 47, nays 7.

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

HB 1362. By Representative Clark of the 55th:
Senate Sponsor: Senator Turner of the 8th.
A bill to authorize the deduction of insurance premiums from the salary, wages, or compensation of public employees; to authorize the payment of such insurance premiums by the appropriate fiscal officer.

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

On the passage of the bill, a roll call was taken, 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 Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard 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 31st Fincher

Garrard Holloway

Hudgins Hudson

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

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2185

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

HB 1385. By Representative Phillips of the 59th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, so as to change the provisions relative to the amount of the penalty.

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

On the passage of the bill, a roll call was taken, 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 Duncan 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

Voting in the negative was Senator Hill.

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

Those not voting were Senators:

Dean of 6th Dean of 31st

Fincher

Hudgins

On the passage of the bill, the yeas were 51, nays 1.

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

HB 1533. By Representative Childers of the 15th: Senator Sposnor: Senator Stephens of the 36th. A bill to amend Code Section 84-509, relative to the scope of the

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practice of chiropractors, so as to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to practice chiropractic in this State.

The Senate Committee on Human Resources offered the following substitute to HB 1533:
A BILL
To be entitled an Act to amend Code Chapter 84-5, relating to chiropractors, as amended, so as to provide that the general college training requirements shall not apply to students enrolled in an approved chiropractic college prior to January 1, 1964; to provide that the Georgia Board of Chiropractic Examiners may accept for licensure a certificate from the National Board of Chiropractic Examiners in lieu of the written examination currently given by the Board if the applicant successfully completes a practical examination given by the Board; to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to practice chiropractic in this State; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 84-5, relating to Chiropractors, as amended, is hereby amended by adding to Code Section 84-507, relating to qualifications for licensure, the following paragraph:
"Provided, however, that the general college training require ment set out hereinabove shall not be applicable to applicants who were students in an approved chiropractic college prior to January 1, 1964."
Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 84-508, relating to examination of applicants for licensure, and inserting in lieu thereof the following Code Section 84-508 to read as follows:
"84-508. Examination of applicants for license; scope; grades,--All applicants for licensure shall take a written examina tion administered by the Georgia Board of Chiropractic Examiners which shall include the following subjects: Anatomy, physiology, symptomatology, pathology, physical diagnosis, neurology, chemis try, hygiene and sanitation, and adjusting as taught by standard chiropractic schools or colleges, bacteriology and spinography. A license shall be granted to all applicants who shall correctly answer 75 per centum of all questions asked, and if any applicant shall fail to answer correctly 75 per centum of the questions on any branch of said examination, he or she shall not be entitled to a license.

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In lieu of the written examination administered by the Georgia Board of Chiropractic Examiners, the Board may accept a certifica tion from the National Board of Chiropractic Examiners indicating that the applicant has passed the examination administered by the National Board of Chiropractic Examiners. In any event, the applicant will be required to successfully pass a practical exami nation administered by the Georgia Board of Chiropractic Ex aminers in order to be eligible for licensure."

Section 3. Said Code Chapter is further amended by adding at the end of Code Section 84-509, relating to the scope of the practice of chiropractors, the following:

"Nothing in this Chapter shall be construed to prohibit the performance of any chiropractic task by a student enrolled in an approved chiropractic college, when such student has successfully completed at least one academic year of schooling therein, where such task is performed under the supervision and direction of an authorized instructor duly licensed to practice chiropractic in the State of Georgia."
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 31, nays 1, and the sub stitute was adopted.

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

On the passage of the bill, a roll call was taken, 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 Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

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

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Those voting in the negative were Senators:

Bond Hill

Holley Howard

Lester

Those not voting were Senators:

Duncan Fincher

Holloway Tate

Tysinger

On the passage of the bill, the ayes were 46, nays 5.

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

HB 1540. By Representatives Matthews of the 145th, Patten of the 146th, Culpepper of the 98th and others:
Senate Sponsor: Senator Russell of the 10th.
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets in this State so as to require that on or after Jan. 1, 1977 any person using the facilities of any market which charges a gate fee for the purpose of selling or offering for sale any item on the premises of such a market operated pursuant to this Act, must be licensed by the Commissioner of Agriculture.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1540 by adding on Page 3, after line 23, a new Section 4(a) to read as follows:

"(a) Rules and regulations promulgated by the Commissioner under this Act must be submitted to the Standing Committee on Agriculture and Consumer Affairs in the House of Representatives and the Standing Committee on Agriculture in the Senate before they become effective."

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, a roll call was taken, 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 Doss Eldridge Fincher Foster

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2189

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 Thompson Timmons Traylor
Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Coverdell

Duncan Holley

Holloway Hudgins

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 1550. By Representatives Smith of the 78th and Jessup of the 117th:
Senate Sponsor: Senator Reynolds of the 48th:
A bill to repeal an Act relating to the presentation of tax affidavits with applications for automobile license tags; 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, a roll call was taken, 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 Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill 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 Turner Tysinger Warren Young

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Those not voting were Senators:

Barker Dean of 31st

Duncan Holloway

Hudgins

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1566. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd:
Senate Sponsor: Senator Overby of the 49th:
A bill to amend an Act providing that the State of Georiga shall be a party to the "Interstate Compact on Juveniles" so as to provide that the Governor shall execute an amendment to said Compact providing for interstate rendition of juveniles alleged to have committed a criminal or delinquent act.

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

On the passage of the bill, a roll call was taken, 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 Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis
McDowell
McDuffie
McGill
Overby
Pearce
Reynolds

Those not voting were Senators:

Brantley

Duncan

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

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2191

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

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

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereto:

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of ad ministering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against income taxes for payments made to corporations and other organizations organ ized and operated exclusively for educational purposes.

The Conference Committee Report was as follows:

Mr. President:

Mr. Speaker:

Your Conference Committee on HB 782 has met and submits the following recommendation:

That the Senate recede from its substitute on HB 782 and the original House version of HB 782, as passed by the House, be adopted.

FOR THE SENATE:
/s/ Henry McDowell Senator, 2nd District
/s/ Terrell Starr Senator, 44th District
/s/ J. Ebb Duncan Senator, 30th District

Respectfully submitted,
FOR THE HOUSE:
/s/ John W. Greer Representative, 43rd District
/s/ Bernard Miles Representative, 86th District
/s/ Marvin Adams Representative, 79th District

Senator McDowell of the 2nd moved that the Conference Committee Report on HB 782 be adopted.

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

Those voting in the affirmative were Senators:

Ballard Banks Barnes

Bell Brantley Broun of 46th

Brown of 47th Carter Coverdell

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Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins

Hudson 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

Voting in the negative was Senator Kennedy.

Those not voting were Senators:

Barker Bond

Duncan Holloway

Young

On the adoption of the Conference Committee Report, the yeas were 50, nays 1; the motion prevailed, and the Conference Committee Report on HB 782 was adopted.

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

HB 1571. By Representatives Marcus of the 26th, Harris of the 8th and Murphy of the 18th: Senate Sponsor: Senator Broun of the 46th. A bill to amend an Act known as the "Georgia Fiscal Note Act", ap proved April 25, 1975 (Ga. Laws 1975, p. 1568), so as to provide that in order to be covered under the provisions of the Act, bills changing the anticipated revenue or expenditure level of the various agencies of State Government must have a significant impact.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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2193

Those voting in the affirmative were Senators:

Ballard Banks Barker Bond Brantley Broun of 46th Brown of 47th Carter Cover dell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster

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

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

Those voting in the negative were Senators:

Barnes Bell

Sutton Tysinger

Warren

Those not voting were Senators:

Holloway

Hudgins

Pearce

On the passage of the bill, the yeas were 48, nays 5.

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

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

SR 393. By Senators Bell of the 5th, Howard of the 42nd and Tysinger of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the allocation of a certain amount of DeKalb County revenue for the support and development of the arts in DeKalb County for a certain period of time; to provide for the proposal and approval of arts proj ects; to provide for the use of funds allocated pursuant to this amend ment; to authorize the General Assembly to provide for additional mat ters by law; 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:

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Section 1. Article XV of the Constitution is hereby amended by adding at the end of said Article a new Section to read as follows:

"Paragraph I. Beginning with calendar year 1977 and ending at the end of calendar year 1986, the governing authority of DeKalb County shall allocate for the purposes of this Section an amount of county revenue equal to the amount of revenue that would be pro duced by the levy of one-tenth mill against the property tax digest for the year.

Paragraph II. The funds allocated for the purpose of this Sec tion pursuant to Paragraph I shall be used for projects to support and develop the arts in DeKalb County. In order to receive funds pursuant to this Section, a project must be proposed by the De Kalb County Arts Council to the DeKalb Recreation, Parks and Cultural Affairs Advisory Board which shall approve or reject such proposal. If a project is approved by said Board, it shall be submitted to the governing authority of DeKalb County for its approval or rejection. Only those projects which have been pro posed by the DeKalb County Arts Council and approved by the DeKalb Recreation, Parks and Cultural Affairs Advisory Board and the governing authority of DeKalb County shall be funded pursuant to this Section. No more than 25% of the funds allocated pursuant to this Section shall be used for compensation of employees of the county. The funds allocated for the purposes of this Section may be invested and accumulated. Interest on the funds allocated pursuant to this Section shall be used for the purposes of this Section.

Paragraph III. The governing authority of DeKalb County may issue bonds to pay for arts projects proposed and approved in accordance with Paragraph II. The principal and interest on such bonds shall be paid only from funds allocated pursuant to this Sec tion. The debt limitations provided by law or this constitution ap plicable to DeKalb County shall not apply to bonds issued pursuant to this Paragraph but such bonds shall be issued in accordance with
all other applicable provisions of law.

Paragraph IV. Nothing in this Section shall limit or prohibit the expenditure of other public or private funds for the arts.

Paragraph V. Any funds allocated pursuant to this Section which have not been committed for an arts project by December 31, 1986, shall be paid into the county treasury and may be used for any county purpose authorized by law.

Paragraph VI. The General Assembly may by law provide for additional matters relative to the implementation of this Section."

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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2195

"( ) YES Shall the Constitution be amended so as to pro vide for the allocation for the support and de-
( ) NO velopment of the arts in DeKalb County funds equal to the amount of revenue produced by the levy of l/10th mill against the property tax digest of DeKalb County and to provide that such allocation shall continue for ten years?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Warren of the 43rd offered the following amendment:

Amend SR 393 by striking on Page 2, line 8, the words "No more than 25% of" and substitute the words "None of"; and

By striking on Page 2, line 19 through line 24, the sentence begin ning "The debt" and ending "provisions of law".

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

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 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

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Those not voting were Senators:

Holloway Hudgins

Russell

Young

On the adoption of the resolution, the yeas were 52, nays 0.

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

HR 722. By Representatives Howard of the 19th, Nix of the 20th, Cooper of the 19th and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to exclude certain retirement, survivor or disability benefits in determining eligibil ity for the homestead exemption of $6,000 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable 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 IV of the Constitution is hereby amended by striking from said paragraph the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or dis ability insurance benefits, does not exceed $6,000.00 for the im mediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from the Federal Social Security Administration and from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to

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be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner of Cobb County with the certificates provided for herein and files an application with said Tax Commissioner giv ing the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Com missioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applica tions for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certifi cates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this para graph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974.",

and inserting in lieu thereof the following paragraph:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school dis trict, in the amount of $6,000.00 on a homestead owned and occu pied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, 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 disability 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. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemp tion provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Geor gia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely

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to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner of Cobb County with the certificates pro vided for herein and files an application with said Tax Commis sioner giving the amount of income which he and his spouse re ceived during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable said Tax Commissioner to make a determination as to whether such person is entitled to such exemp tion. The Tax Commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemp tions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper ap plication and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General As sembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years be ginning after December 31, 1974."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to exclude certain retirement, survivor or disability benefits in determining eligibility for the homestead exemption
( ) NO of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are dis abled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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.

TUESDAY, MARCH 2, 1976

2199

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 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

Those not voting were Senators:

Holloway Hudgins

Russell

Young

On the adoption of the resolution, the yeas were 52, nays 0.

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

HR 791. By Representatives Wood, Jackson and Whitmire of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Forsyth County or any municipal corporation within Forsyth County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Forsyth County in transit through Forsyth County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Forsyth County and stored therein for shipment outside the State; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

"The governing authority of Forsyth County or any municipal corporation within Forsyth County shall have the authority to provide for the exemption from all ad valorem taxation by such governing authority of tangible personal property transported into the territorial 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 Forsyth 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 Forsyth County such property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, packaged, labeled, repackaged or re labeled. Such tangible personal property shall not be exempt from State ad valorem taxation by 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 authorize the governing authority of Forsyth County or of any
( ) NO municipal corporation within Forsyth County to ex empt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Forsyth County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Forsyth County and stored therein for shipment outside the State?"

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 taken, and the vote was as follows:

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2201

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 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

Those not voting were Senators:

Holloway Hudgins

Russell

Young

On the adoption of the resolution, the yeas were 52, nays 0.

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

HR 793. By Representatives Whitmire, Jackson and Wood of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that Forsyth County be authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encouraging the development of trade, commerce, industry, agriculture and employment opportunities in Forsyth County; to provide that such fund may be used to finance, in whole or in part, the cost of acquiring, constructing, equip ping, maintaining, operating, extending, repairing, improving and developing land, buildings, structures, utilities, services and facilities for use by new industries locating in Forsyth County or in the ex pansion of existing industries; to provide that such fund also may be used to finance, in whole or in part, the acquisition, construction, mainte nance and development of land, buildings, structures, equipment, utilities, services and facilities for use as an industrial park, an airport or similar transportation or industrial facility; to provide that such fund also may be used to pay for the services of employees or consultants employed or retained to assist in carrying out the purposes of said

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amendment, and in any other manner consistent with accomplishing the purposes thereof, and that it may be held for future development; to provide that the Board of Commissioners of Forsyth County be au thorized to use such fund directly, or to contract for the use of such fund to accomplish the purposes of said amendment with the Develop ment Authority of Forsyth County or with any other similar authority hereafter created in order to carry out the purposes thereof; to provide that said amendment and all provisions, rights, powers and authority granted thereunder shall be effective, notwithstanding any other provi sion of the Constitution to the contrary, and said amendment and any law enacted with reference thereto shall be liberally construed for the accomplishment of its purposes; to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective; to provide for the submission of said amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

"Forsyth County is authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encouraging the development of trade, commerce, industry, agriculture and employment opportunities in Forsyth County. Such fund may be used to finance, in whole or in part, the cost of acquiring, constructing, equipping, maintaining, operating, extending, repairing, improving and developing land, buildings, structures, utilities, services and facilities for use by new industries locating in Forsyth County or in the expansion of existing in dustries. Such fund also may be used to finance, in whole or in part, the acquisition, construction, maintenance and development of land, buildings, structures, equipment, utilities, services and facilities for use as an industrial park, an airport or similar transportation or industrial facility. Such fund also may be used to pay for the services of employees or consultants employed or retained to assist in carrying out the purposes hereof, and in any other manner con sistent with accomplishing the purposes hereof, and may be held for future development. The Board of Commissioners of Forsyth County is authorized to use such fund directly, or to contract for the use of such fund, to accomplish the purposes hereof with the Development Authority of Forsyth County or with any other similar authority hereafter created in order to carry out the pur
poses hereof.

This amendment and all provisions, rights, powers and author ity granted hereunder shall be effective, notwithstanding any other provisions of the Constitution to the contrary, and this amendment and any law enacted with reference hereto shall be liberally con strued for the accomplishment of its purposes. This amendment is self-enacting and does not require any enabling legislation for it to become effective."

TUESDAY, MARCH 2, 1976

2203

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

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

"( ) YES Shall the Constitution be amended so as to provide that Forsyth County be authorized to levy a tax, in
( ) NO addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encouraging the development of trade, commerce, industry, agriculture and employment op portunities in Forsyth County; to provide that such fund may be used to finance, in whole or in part, the cost of acquiring, constructing, equipping, maintain ing, operating, extending, repairing, improving and developing land, buildings, structures, utilities, serv ices and facilities for use by new industries locating in Forsyth County or in the expansion of existing in dustries; to provide that such fund also may be used to finance, in whole or in part, the acquisition, con struction, maintenance and development of land, buildings, structures, equipment, utilities, services and facilities for use as an industrial park, an airport or similar transportation or industrial facility; to pro vide that such fund also may be used to pay for the services of employees or consultants employed or retained to carry out the purposes of said amendment, and in any other manner consistent with accomplish ing the purposes thereof, and that it may be held for future development; to provide that the Board of Commissioners of Forsyth County be authorized to use such fund directly, or to contract for the use of such fund to accomplish the purposes of said amend ment with the Development Authority of Forsyth County or with any other similar authority hereafter created in order to carry out the purposes thereof; to provide that said amendment and all provisions, rights, powers and authority granted thereunder shall be effective, notwithstanding any other provision of the 'Constitution to the contrary, and said amendment and any law enacted with reference thereto shall be liberally construed for the accomplishment of its pur poses; and to provide that said amendment is selfenacting and does not require any enabling legislation for it to become effective?"

All persons desiring to vote in favor of ratifying the proposed

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JOURNAL OF THE SENATE,

amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 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

Those not voting were Senators:

Holloway Hudgins

Russell

Young

On the adoption of the resolution, the yeas were 52, nays 0.

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

HR 795. By Representatives Bargeron of the 83rd and Evans of the 84th:
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage economic development and to promote the orderly development of

TUESDAY, MARCH 2, 1976

2205

Georgia's mineral resources by providing that certain capital improve ments of mineral-processing and primary metal establishments shall be exempt from all county ad valorem taxes, though not ad valorem taxes levied for school purposes, in Jefferson County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

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

"To encourage economic development and to promote the order ly development of Georgia's mineral resources, all capital improve ments of each mineral-processing and primary metal establishment located in Jefferson County, Georgia, erected or installed after the effective date hereof, shall be exempt from all county ad valorem taxes, though not ad valorem taxes levied for school purposes, for the five-year period subsequent to the year during which the capital improvements are completed, provided such establishment has cap ital improvements of more than $50,000,000. For the purpose of this exemption the term 'mineral-processing and primary metal estab lishment' shall mean and include every person, firm, partnership, or corporation engaged in refining, rectifying or combining dif ferent minerals for use. The term 'capital improvements' shall mean and include buildings and installed machinery and equipment, direct ly connected with and used in the mineral-processing and primary metal procedures."

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 encourage economic development and to promote the orderly
( ) NO development of Georgia's mineral resources by ex empting certain capital improvements of mineralprocessing and primary metal establishments from ad valorem taxes levied by Jefferson County, with the exception of school taxes, for a period of five years?"

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.

2206

JOURNAL OP THE SENATE,

Senator Lewis of the 21st offered the following amendment:

Amend HR 795 by striking from Section 1, beginning on lieu 23 of Page 1, the following:

"such establishment has capital improvements of more than",

and inserting in lieu thereof the following:

"that the cost thereof exceeds".

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

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 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

Those not voting were Senators:

Holloway Hudgins

Russell

Young

On the adoption of the resolution, the yeas were 52, nays 0.

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

TUESDAY, MARCH 2, 1976

2207

Senator Lewis of the 21st moved that HR 795 be immediately transmitted to the House.

On the motion, the yeas were 52, nays 0; the motion prevailed, and HR 795 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:

HB 1991. By Representative Knight of the 67th: A bill to create and establish a Small Claims Court in each county of this State having a population of not less than 32,300 and not more than 32,660; to prescribe the jurisdiction of said court.
HB 2017. By Representative Pinkston of the 100th: A bill to create a new political entity to be known as "Macon-Bibb County, Georgia", which shall be a merger of the County of Bibb and the City of Macon; to provide for unification, form, boundaries and limita tions; to provide for powers of the Unified Government; to provide for the legislative branch.
HB 2046. By Representative Miles of the 86th: A bill to amend an Act placing certain county officers upon an annual salary so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties; to provide an effective date.
HB 2069. By Representatives Triplett of the 128th, Taggart of the 125th, Blackshear of the 123rd and others: A bill to amend an Act incorporating the City of Port Wentworth so as to change the corporate limits of said city.
HB 2082. By Representatives Dixon of the 151st and Sweat of the 150th: A bill to amend an Act creating a Board of Commissioners of Ware County so as to change the provisions relating to the compensation of members of the Board of Commissioners; to create the office of County Manager.
HB 2083. By Representatives Dixon of the 151st and Sweat of the 150th: A bill to amend an Act creating a Board of Commissioners of Ware

2208

JOURNAL OF THE SENATE,

County so as to provide for procedures for the recall of the members of the Board of Commissioners of Ware County; to provide for the filling of vacancies.

HB 2090. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to change the provisions relating to the duties, powers and authority of the board of commissioners and the chairman of the board of commissioners.

HB 2094. By Representatives Evans of the 99th, Banks of the 104th, Pinkston of the 100th and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved Aug. 17th, 1914, together with the Acts amending same passed since 1914, with certain changes in said Acts".

HB 2095. By Representative Reaves of the 147th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Echols County into the office of Tax Commissioner of Echols County so as to change the provisions relative to the com pensation of said officer.

HB 2096. By Representatives Larsen of the 119th and Coleman of the 118th:
A bill to amend an Act creating the City of Dublin and County of Laurens Development Authority, so as to remove the interest limita tions imposed on bonds issued by the Authority.

HB 2093. By Representative Murphy of the 18th:
A bill to reineorporate the City of Tallapoosa in the County of Haralson; to create a new Charter for said City; to prescribe the Corporate Limits of said City; to provide for the Government of said City; to enumerate the corporate powers of the City; to provide for the preservation of ordinances, bylaws, rules and regulations.

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:

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees' Retirement System approved Feb. 3, 1949 so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.

TUESDAY, MARCH 2, 1976

2209

The Speaker has appointed on the part of the House the following members thereof:

Representatives Cole of the 6th, Keyton of the 143rd and Miles of the 86th:

The House has disagreed to the Senate amendments to the following bill and resolution of the House:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.
HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution proposing a new Constitution of the State of Georgia to be presented to the people for ratification or rejection at the general election in 1976.

The House insists on its substitute to the following bill of the Senate:
SB 617. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appoinment and terms of office of certain city officials.
The House has agreed to the Senate amendments to the following bills of the House:

HB 1554. By Representatives Colwell of the 4th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved Feb. 20, 1956, as amended, so as to add to Section 24 a new subsection to provide that said Section shall apply only to those entering the State penal system prior to July 1, 1976.

HB 1841. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Title 95A, the Georgia Code of Public Transporta tion, so as to provide for the acquisition, operation and maintenance of special-purpose aircraft by the Georgia Forestry Commission, Department of Natural Resources and the Department of Public Safety.

2210

JOURNAL OF THE SENATE,

The President announced the Senate would stand in recess from 12:25 o'clock P.M. until 2:00 o'clock P.M. today.

The President called the Senate to order at 2:00 o'clock P.M.

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

HB 1991. By Representative Knight of the 67th:
A bill to create and establish a Small Claims Court in each county of this State having a population of not less than 32,300 and not more than 32,660; to prescribe the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

HB 2046. By Representative Miles of the 86th:
A bill to amend an Act placing certain county officers upon an annual salary so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties; to provide an effec tive date. Referred to Committee on County and Urban Affairs.

HB 2069. By Representatives Triplett of the 128th, Taggart of the 125th, Blackshear of the 123rd and others:
A bill to amend an Act incorporating the City of Port Wentworth so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 2082. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to change the provisions relating to the compensation of members of the Board of Commissioners; to create the office of County Manager. Referred to Committee on County and Urban Affairs.
HB 2083. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to provide for procedures for the recall of the members of the Board of Commissioners of Ware County; to provide for the filling of vacancies. Referred to Committee on County and Urban Affairs.
HB 2090. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to change the provisions relating to the duties, powers and

TUESDAY, MARCH 2, 1976

2211

authority of the board of commissioners and the chairman of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HB 2093. By Representative Murphy of the 18th:
A bill to reincorporate the City of Tallapoosa in the County of Haralson to create a new Charter for said City; to prescribe the Corporate Limits of said City; to provide for the Government of said City; to enumerate the corporate powers of the City; to provide for the preservation of ordinances, bylaws, rules and regulations. Referred to Committee on County and Urban Affairs.

HB 2094. By Representatives Evans of the 99th, Banks of the 104th, Pinkston of the 100th and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved Aug. 17th, 1914, together with the Acts amending same passed since 1914, with certain changes in said Acts".
Referred to Committee on County and Urban Affairs.

HB 2095. By Representative Reaves of the 147th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Echols County into the office of Tax Commissioner of Echols County so as to change the provisions relative to the compen sation of said officer. Referred to Committee on County and Urban Affairs.

HB 2096. By Representatives Larsen of the 119th and Coleman of the 118th:
A bill to amend an Act creating the City of Dublin and County of Laurens Development Authority, so as to remove the interest limita tions imposed on bonds issued by the Authority. Referred to Committee on County and Urban Affairs.

Senator Bell of the 5th moved that the following resolution of the Senate be immediately transmitted to the House:

SR 393. By Senators Bell of the 5th, Howard of the 42nd and Tysinger of the 41st:
A resolution proposing an amendment to the Constitution so as to pro vide for the allocation of a certain amount of DeKalb County revenue for the support and development of the arts in DeKalb County for a certain period of time; to provide for the proposal and approval of arts projects; to provide for the use of funds allocated pursuant to this amendment; to authorize the General Assembly to provide for additional matters by law; to provide for the submission of this amendment for ratification or rejection.

2212

JOURNAL OF THE SENATE,

On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 393 was immediately transmitted to the House.

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

HB 1580. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
Senate Sponsor: Senator Garrard of the 37th.
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to change the semiannual reporting require ments of the Authority.

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

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

Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Dean of 6th
Dean of 31st
Doss
Foster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudson Kennedy Kidd Lewis McDowell
McGill
Overby
Pearce
Reynolds
Robinson

Those not voting were Senators:

Brown of 47th Coverdell Duncan Eldridge Fincher

Howard Hudgins Langford Lester McDuffie

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

On the passage of the bill, the yeas were 43, nays 0.

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

TUESDAY, MARCH 2, 1976

2213

HB 1583. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
Senate Sponsor: Senator Garrard of the 37th.
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit certain acts in public transit buses, rapid rail cars and stations; to provide for punishments.

Senator Reynolds of the 48th offered the following amendment:

Amend HB 1583 by striking beginning on line 19 of Page 1, the following:

"(1) Smoke or possess a lighted or smoldering pipe, cigar, or cigarette;

(2) Either consume food or drink, or both, in a bus or rapid rail

By striking on line 23 of Page 1, the following: "(3)",
and substituting in lieu thereof, the following: "(1)".
By striking on line 24 of Page 1, the following: "(4)",
and substituting in lieu thereof, the following: "(2)".
By striking on line 26 of Page 1, the following: "(5)",
and substituting in lieu thereof, the following: "(3)".
By striking beginning on line 3 of Page 2, the following:
"(6) Carry or possess any flammable liquids, live animals, ex plosives, acids, or other dangerous articles, except for cigarette lighters, seeing-eye dogs, properly harnessed and accompanied by a blind person, and small animals properly packaged;",

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JOURNAL OF THE SENATE,

and substituting in lieu thereof, the following:
"(4) Carry or possess any explosives, acids, or other dangerous articles, or live animals, except for seeing-eye dogs, properly harnes sed and accompanied by a blind person, and small animals properly packaged;".
By striking on line 8 of Page 2, the following: "(7)",
and substituting in lieu thereof, the following: "(5)",
By striking on line 11 of Page 2, the following: "(8)",
and substituting in lieu thereof, the following: "(6)".
By striking beginning on line 14 of Page 2, the following:
"(9) Refuse to pay the established fare or present a valid trans fer.".
On the adoption of the amendment, the yeas were 31, 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, a roll call was taken, 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 Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley

Holloway Hudson Kennedy Kidd Lewis McDowell McGill Overby Pearce Reynolds

TUESDAY, MARCH 2, 1976

2215

Robinson Russell Shapard Starr Stephens Stumbaugh

Summers Button Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Those not voting were Senators:

Brown of 47th Duncan Eldridge Fincher

Howard Hudgins Langford

Lester McDuffie Riley

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 bill of the Senate was taken up for the purpose of considering House action thereto:

SB 617. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 617, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 617.

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

Senators Kidd of the 25th, McDuffie of the 19th and Russell of the 10th.

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

HB 1584. Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
Senator Sponsor: Senator Garrard of the 37th.
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit

2216

JOURNAL OF THE SENATE,

Authority Act of 1965", approved Mar. 10, 1965, so as to provide for the election of a secretary and a treasurer of the Board of Directors of the Authority from the membership of the Board.

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

On the passage of the bill, a roll call was taken, 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 Doss Pincher Foster Garrard Gillis

Hamilton of 34th Hill Holley Holloway Hudson Kennedy Kidd Lewis McDowell McGill Overby Pearce Reynolds Riley

Those not voting were Senators:

Brantley Brown of 47th Dean of 31st Duncan Eldridge

Hamilton of 26th Howard Hudgins Langford

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

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1685. By Representatives Davis, Tolbert and Floyd of the 56th and others:
Senate Sponsor: Senator Turner of the 8th.
A bill to amend Code Section 56-204, relating to annual reports of the insurance commissioner, so as to provide that such reports shall be compiled and made available for public inspection; to eliminate the requirement that such report be delivered to certain persons; to provide for copies for such report.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 2, 1976

2217

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

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Doss Duncan Fincher Foster Garrard

Gillis Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Lewis McDowell McGill Overby Reynolds Riley

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

Those not voting were Senators:

Ballard Brown of 47th Dean of 31st Eldridge Hamilton of 26th

Holloway Howard Langford Lester

McDuffie Pearce Stephens Summers

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1716. By Representatives Richardson of the 52nd, Cox of the 141st, Russell of the 53rd and others:
Senate Sponsor: Senator Shapard of the 28th.
A bill to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to provide for annual reports.

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

On the passage of the bill, a roll call was taken, 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

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway

2218

JOURNAL OF THE SENATE,

Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Sutton

Thompson Timmons
Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Dean of 31st Eldridge Pincher Hill

Langford Lester McDuffie Stephens

Summers Tate

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

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

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

Senator Garrard of the 37th moved that the Senate insist upon the Senate amendment to HB 1186.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon its amendment to HB 1186.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1731. By Representative Ross of the 76th: Senate Sponsor: Senator McGill of the 24th. A bill to amend Code Section 92-2902, relating to annual fees for operat\ng motor vehicles, so as to change the provisions relating to trucks transporting forest products.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 2, 1976

2219

On the passage of the bill, a roll call was taken, 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 Duncan Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lewis McDowell 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:

Coverdell Eldridge

Hill Langford

Lester McDuffie

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

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

HB 1771. By Representative Pinkston of the 100th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend an Act relating to authorized investments by executors and trustees.

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

On the passage of the bill, a roll call was taken, 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 Doss Duncan Fincher

Foster Gillis Hamilton of 34th Hill Holley Holloway Howard

2220
Hudgins Kennedy Kidd Lewis McDowell McGill Overby Pearce Riley

JOURNAL OF THE SENATE,

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Coverdell Eldridge Garrard

Hamilton of 26th Hudson Langford

Lester McDuffie Reynolds

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

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

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

HB 1531. By Representatives Karrh of the 106th, Howard of the 19th and Sams of the 90th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to authorize the expenditure of State funds as partial compensation of an assistant district attorney employed pursuant to a federal grant where the State is by Federal law required to provide a percentage of the matching funds for such a grant.

HB 1563. By Representative Hatcher of the 131st and Richardson of the 52nd:
A bill to amend Code Title 24A, the Juvenile Court Code, so as to change certain definitions; to provide that only children accused of a capital crime may be held in a jail prior to a committal hearing or indictment.

HB 1643. By Representatives Richardson of the 52nd, King of the 96th, Hawkins of the 50th and others:
A bill to amend Code Title 49, relating to guardians and wardships, as amended, so as to provide for natural guardians and their bond; to provide for appointment of testamentary guardians by widows and widowers; to provide that a married woman or man may be guardians.

TUESDAY, MARCH 2, 1976

2221

HB 1823. By Representatives Toles of the 16th and Nessmith of the 82nd:
A bill to provide for the use of deaf and blind sign language interpreters in certain administrative and judicial proceedings, agency service and educational settings; to provide for notice and need of proof of disability.

HB 1880. By Representative Rainey of the 135th:
A bill to amend an Act relating to the State parks and recreational areas so as to provide for rules and regulations relating to the use and occupancy of State parks and recreational areas and the protection of State property and the public health, safety and welfare.

HB 1990. By Representative Knight of the 67th:
A bill to amend Chapter 92-24 of the Code of Georgia of 1933, as amend ed, relating to corporations, including domestic, domesticated foreign and foreign, and the license and occupation tax such organizations are required to pay, so as to provide for the returns of domestic, domesti cated foreign and foreign corporations.

HB 2079. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act requiring the Governor to make an annual re port to the General Assembly on his administration's policies and goals on certain subjects so as to change the date upon which such reports are to be furnished to the members of the General Assembly; to provide an effective date.

SB 620. By Senator McGill of the 24th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to abolish the mayor's court; to create a recorder's court; to pro vide the jurisdiction, power and authority of said court.
SB 687. By Senator Foster of the 50th: A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary, as amended, so as to change the provisions relative to the personnel and expenses of the Sheriff's office; to provide for a budget for said officer.
SB 631. By Senator Traylor of the 3rd: A bill to amend an Act placing the Sheriff of Effingham County on an annual salary in lieu of the fee system of compensation, as amended, so as to authorize the sheriff to hire seven full-time deputies; to provide for their compensation.
SB 665. By Senator McGill of the 24th: A bill to amend an Act entitled "An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the

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JOURNAL OF THE SENATE,

County of Warren, State of Georgia; to create a new charter and munic ipal government for said corporation; to declare the rights and powers of the same and for other purposes.", as amended, so as to change the terms of office of the mayor and councilmen.

SB 685. By Senator Traylor of the 3rd:
A bill to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550, accord ing to the United States Decennial Census of 1970, or any future such census; to define its powers and duties concerning primaries and elec tions.

SB 691. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Board of Commissioners of Jones County, so as to change the compensation of the Chairman and members of the Board of Commissioners of Jones County; to provide an effective date.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

HR 888. By Representatives Larsen of the 119th and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the establishment of a Downtown Dublin Development Authority.

HR 887. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements to real property in DeKalb County; to limit the amount and duration of such exemption; to provide for the submission of this amendment for ratification or rejection.
HR 778. By Representatives White of the 132nd, Sizemore of the 136th, Hill of the 127th and others:
A resolution directing the State Board of Education to reinstate the sixth-year certificate program.

SR 3'42. By Senator Shapard of the 28th:
A resolution proposing an amendment to the Constitution, so as to authorize and empower the Board of Commissioners of Spalding County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of said County.

TUESDAY, MARCH 2, 1976

2223

SR 361. By Senator Sutton of the 9th:
A resolution proposing an amendment to the Constitution, so as to change the maximum interest rate on revenue bonds issued by the Moultrie-Colquitt County Development Authority; to authorize said Authority to borrow money from financial institutions; to provide for the submission of this amendment for ratification or rejection.

SR 381. By Senator Traylor of the 3rd:
A resolution proposing an amendment to the Constitution, so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection.

HR 504. By Representative Pinkston of the 100th: A resolution compensating Mr. Edwin J. Odom.

HR 738. By Representative Miles of the 86th: A resolution compensating Mr. Doyle L. Drew.

HR 613. By Representative Pinkston of the 100th: A resolution compensating Mr. L. C. McGarrah.

HR 21. By Representatives Parham of the 109th and Baugh of the 108th: A resolution compensating Mr. Dennis M. Cox.

HR 492. By Representatives Calhoun of the 88th, Beckham of the 89th, Miles of the 86th and others:
A resolution compensating Gail E. Ryan.

HR 97. By Representative Keyton of the 143rd: A resolution compensating Boston Farm Center, Inc.
HR 544. By Representative Phillips of the 59th: A resolution compensating Sherry T. Alexander.
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:
HB 179. By Representatives Buck of the 95th and Childs of the 51st: A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide that certain members of the Employees'

2224

JOURNAL OF THE SENATE,
Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Buck of the 95th, Johnson of the 72nd and Howell of the 140th:

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

HR 494. By Representatives Larsen of the 27th, Battle of the 124th, Matthews of the 63rd and others:
Senate Sponsor: Senator Doss of the 52nd.
A RESOLUTION
Proposing an amendment to the Constitution to authorize and direct the Board of Regents to establish a program whereby citizens of this State who are 60 years of age or older may attend certain units of the University System of Georgia without payment of fees when space is available in a course scheduled for resident credit; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph II to read as follows:
"Paragraph II. Program for Elderly Citizens. The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 60 years of age or older may attend units of the University System of Georgia without payment of fees when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Paragraph shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Paragraph."
Section 2. The above proposed amendment to the Constitution shall

TUESDAY, MARCH 2, 1976

2225

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 and direct the Board of Regents to establish a pro gram whereby citizens of this State who are 60 years
( ) NO of age or older may attend certain units of the Univer sity System of Georgia without payment of fees when space is available in a course scheduled for resident credit?"

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 Senate Committee on Higher Education offered the following substitute toHR494:
A RESOLUTION
Proposing an amendment to the Constitution to authorize and direct the Board of Regents to establish a program whereby citizens of this State who are 62 years of age or older may attend certain units of the University System of Georgia without payment of fees when space is available in a course scheduled for resident credit; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph II to read as follows:
"Paragraph II. Program for Elderly Citizens. The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established

2226

JOURNAL OP THE SENATE,

pursuant to this Paragraph shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to authorize and direct the Board of Regents to establish a pro gram whereby citizens of this State who are 62 years
( ) NO of age or older may attend certain units of the Univer sity System of Georgia without payment of fees when space is available in a course scheduled for resident credit?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Stumbaugh of the 55th offered the following amendment:
Amend the substitute offered by the Senate Committee on Higher Education to HR 494 by adding at line 17 on Page 1, between the words "older" and "may" the following "and are registered voters of the State of Georgia".

On the adoption of the amendment, Senator Hamilton of the 26th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Brown of 47th Coverdell Pincher

Foster Howard Overby Reynolds

Shapard Button Tysinger Warren

Those voting in the negative were Senators:

Banks Barker Barnes Bell

Broun of 46th Dean of 6th Dean of 31st Doss

Duncan Gillis Hamilton of 26th Hamilton of 34th

TUESDAY, MARCH 2, 1976

2227

Holley Holloway Hudgins Kennedy Kidd Lewis McDowell McGill

Pearce Riley Robinson Russell Starr Stephens Stumbaugh

Summers Tate Thompson Timmons Traylor Turner Young

Those not voting were Senators:

Bond Brantley Carter Eldridge

Garrard Hill Hudson

Langford Lester McDuffie

On the adoption of the amendment, the yeas were 12, nays 34, and the amendment was lost.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Fincher Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Lewis McDowell McDuffie McGill Overby Pearce Riley

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

Those not voting were Senators:

Brown of 47th Eldridge Garrard

Hudson Langford

Lester Reynolds

2228

JOURNAL OF THE SENATE,

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 by substitute.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 179. By Representatives Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide that certain members of the Employees' Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions.

Senator Coverdell of the 40th moved that the Senate adhere to its substitute to HB 179 and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 179.

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

Senators Lester of the 23rd, Tate of the 38th and Coverdell of the 40th.

The following resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 666. By Representative Cox of the 141st:
Senate Sponsor: Senator Russell of the 10th.
A resolution authorizing the conveyance of certain State-owned real property located within Decatur County to the City of Bainbridge; authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Bainbridge.

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

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

TUESDAY, MARCH 2, 1976

2229

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 Hill Howard Hudgins Kennedy Kidd Lewis McDowell McDuffie McGill Overby Pearce Reynolds

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

Those not voting were Senators:

Bond Eldridge Holley

Holloway Hudson Langford

Lester Stumbaugh

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 669. By Representatives Karrh of the 106th and Clifton of the 107th: Senate Sponsor: Senator Lewis of the 21st.
A resolution authorizing the conveyance of certain State-owned real property located within Emanuel County to the City of Swainsboro; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Swainsboro.

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

On the adoption of the resolution, a roll call was taken, 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 Duncan

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

2230

JOURNAL OF THE SENATE,

Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stumbaugh

Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Coverdell Eldridge Hill

Holloway Langford Lester

Stephens Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 744. By Representative Hudson of the 137th:
A resolution authorizing the conveyance of certain State-owned real property located within Irwin County to Irwin County; authorizing the sale and transfer of certain State-owned surplus personal property to Irwin County.

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

On the adoption of the resolution, a roll call was taken, 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 Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie McGill Overby Pearce

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

TUESDAY, MARCH 2, 1976

2231

Those not voting were Senators:

Eldridge Hill Holley

Holloway Langford Lester

Stephens Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 745. By Representative Hudson of the 137th:
Senate Sponsor: Senator Brown of the 47th.
A resolution authorizing the conveyance of a possibility of reverter in the State of Georgia in certain real property located in Irwin County to the State Chapter of the United Daughters of the Confederacy.

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

On the adoption of the resolution, a roll call was taken, 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

Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie McGill Overby

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

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Broun of 46th (excused conferee) Eldridge Foster Hill Holley

Holloway (excused conferee) Howard Langford Lester Pearce

Riley (excused conferee) Starr Stephens

2232

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 42, nays 1.

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

HR 746. By Representatives Lane of the 81st and Nessmith of the 82nd:
Senate Sponsor: Senator Kennedy of the 4th.
A resolution authorizing the Governor to lease certain State-owned property located in Bulloch County.

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

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

Those voting in the affirmative were Senators:

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

Garrard Gillis Hamilton of 34th Holley Hudgins Kennedy Kidd Lewis McDowell McDuffie McGill Overby Reynolds

Those not voting were Senators:

Bell Bond Eldridge Foster Hamilton of 26th Hill

Holloway (excused conferee) Howard
Hudson Langford Lester

Robinson Russell Shapard Starr Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren
Pearce Riley (excused conferee) Stephens Sutton Young

On the adoption of the resolution, the yeas were 40, nays 0.

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

Senator Overby of the 49th moved that the following bill of the House be

TUESDAY, MARCH 2, 1976

2233

withdrawn from the Committee on Human Resources and committed to the Com mittee on Judiciary:

HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others:
A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.

On the motion, the yeas were 12, nays 23, and the motion was lost.

The following resolutions of the Senate were read and adopted:

SR 442. By Senator Hudgins of the 15th: A resolution commending Atlanta Landmarks, Inc.

SR 443'. By Senator Timmons of the llth: A resolution commending Mr. W. J. McKemie, Jr.

SR 444. By Senators Banks of the 17th and Foster of the 50th:
A resolution commending Southern Bell Telephone and Telegraph Company on the 100th anniversary of the invention of the telephone.

SR 445. By Senators Stephens of the 36th, Hamilton of the 34th, Garrard of the 37th and others:
A resolution commending Mr. Lyndon A. Wade.

SR 446. By Senators Bell of the 5th, Foster of the 50th and Stumbaugh of the 55th:
A resolution commending Honorable Preston B. Lewis, Jr.

The following bills and resolutions of the House were read the first time and referred to committees:
HR 21. By Representatives Parham of the 109th and Baugh of the 108th: A resolution compensating Mr. Dennis M. Cox.
Referred to Committee on Appropriations.

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JOURNAL OF THE SENATE,

HR 97. By Representative Key ton of the 143rd:
A resolution compensating Boston Farm Center, Inc. Referred to Committee on Appropriations.

HR 492. By Representatives Calhoun of the 88th, Beckham of the 89th, Miles of the 86th and others:
A resolution compensating Gail E. Ryan. Referred to Committee on Appropriations.

HR 504. By Representative Pinkston of the 100th:
A resolution compensating Mr. Edwin J. Odom. Referred to Committee on Appropriations.

HR 544. By Representative Phillips of the 59th:
A resolution compensating Sherry T. Alexander. Referred to Committee on Appropriations.

HR 613. By Representative Pinkston of the 100th:
A resolution compensating Mr. L. C. McGarrah. Referred to Committee on Appropriations.

HR 738. By Representative Miles of the 86th:
A resolution compensating Mr. Doyle L. Drew. Referred to Committee on Appropriations.

HR 778. By Representatives White of the 132nd, Sizemore of the 136th, Hill of the 127th and others:
A resolution directing the State Board of Education to reinstate the sixth-year certificate program. Referred to Committee on Education.

HR 887. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements to real property in DeKalb County; to limit the amount and duration of such exemption; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.
HR 888. By Representatives Larsen of the 119th and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to

TUESDAY, MARCH 2, 1976

2235

authorize the General Assembly to provide by law for the establish ment of a Downtown Dublin Development Authority.
Referred to Committee on County and Urban Affairs.

HB 1531. By Representatives Karrh of the 106th, Howard of the 19th and Sams of the 90th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to authorize the expenditure of State funds as partial compensation of an assistant district attorney em ployed pursuant to a federal grant where the State is by Federal law required to provide a percentage of the matching funds for such a grant.
Referred to Committee on Judiciary.

HB 1563. By Representatives Hatcher of the 131st and Richardson of the 52nd:
A bill to amend Code Title 24A, the Juvenile Court Code, so as to change certain definitions; to provide that only children accused of a capital crime may be held in a jail prior to a committal hearing or indictment. Referred to Committee on Judiciary.

HB 1643. By Representatives Richardson of the 52nd, King of the 96th, Hawkins of the 50th and others:
A bill to amend Code Title 49, relating to guardians and wardships, as amended, so as to provide for natural guardians and their bond; to provide for appointment of testamentary guardians by widows and widowers; to provide that a married woman or man may be guardians.
Referred to Committee on Judiciary.

HB 1823. By Representatives Toles of the 16th and Nessmith of the 82nd:
A bill to provide for the use of deaf and blind sign language interpreters in certain administrative and judicial proceedings, agency service and educational settings; to provide for notice and need of proof of disability. Referred to Committee on Judiciary.

HB 1880. By Representative Rainey of the 135th:
A bill to amend an Act relating to the State parks and recreational areas so as to provide for rules and regulations relating to the use and occupancy of State parks and recreational areas and the protection of State property and the public health, safety and welfare. Referred to Committee on Natural Resources and Environmental Quality.

HB 1990. By Representative Knight of the 67th:
A bill to amend Chapter 92-24 of the Code of Georgia of 1933, as amended, relating to corporations, including domestic, domesticated foreign and foreign, and the license and occupation tax such organiza-

2236

JOURNAL OF THE SENATE,

tions are required to pay, so as to provide for the returns of domestic, domesticated foreign and foreign corporations.
Referred to Committee on Banking, Finance and Insurance.

HB 2017. By Representative Pinkston of the 100th:
A bill to create a new political entity to be known as "Macon-Bibb County, Georgia", which shall be a merger of the County of Bibb and the City of Macon; to provide for unification, form, boundaries and limitations; to provide for powers of the Unified Government; to provide for the legislative branch. Referred to Committee on County and Urban Affairs.

HB 2079. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act requiring the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects so as to change the date upon which such re ports are to be furnished to the members of the General Assembly; to provide an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

Senator Gillis of the 20th moved that the Senate do now adjourn until 9:30 o'clock A. M. tomorrow, and the motion prevailed.

At 3:20 o'clock P. M., the President announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

WEDNESDAY, MARCH 3, 1976

2237

Senate Chamber, Atlanta, Georgia

Wednesday, March 3, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by the President Pro Tempore, Senator Holloway of the 12th.

Senator Young of the 13th reported that the journal of yesterday's proceedings had been read and found correct.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

HB 1624. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-313, relating to the surrender and return of the license, so as to provide that the revocations and suspen sions provided for in said Title shall commence on the day that the individual receives actual knowledge or legal notice thereof.

The House has disagreed to the Senate amendments to the following reso lutions of the House:

HR 525. By Representative Kilgore of the 65th: A resolution compensating Mr. and Mrs. S. M. Lynch.

HR 518. By Representative Logan of the 62nd: A resolution compensating Dr. Richard E. Wooley.

The House has agreed to the Senate amendment to the following resolution of the House:

2238

JOURNAL OF THE SENATE,

HR 795. By Representatives Bargeron of the 83rd and Evans of the 84th:
A resolution proposing an amendment to the Constitution so as to encourage economic development and to promote the orderly development of Georgia's mineral resources by providing that certain capital improve ments of mineral-processing and primary metal establishments shall be exempt from all county ad valorem taxes, though not ad valorem taxes levied for school purposes, in Jefferson County.

The House as agreed to the Senate substitutes to the following resolutions of the House:

HR 754. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority, so as to provide that the Authority, subject to the approval of the Mayor and Council of the City of Athens, shall have the right and power of eminent domain.

HR 549. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A resolution creating the DeKalb County Property Appraisal Study Committee.

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

HB 1355. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend Code Chapter 26-21, relating to distributing obscene materials, as amended, so as to provide that it shall be unlawful for any person to display certain materials unless such materials are dis played not less than 48 inches above floor level.
HB 1668. By Representatives Peters of the 2nd and Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to provide for a taxidermist license.
HB 1846. By Representatives Jessup of the 117th, Larsen of the 119th and Coleman of the 118th:
A bill to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended.
HB 2100. By Representative Murphy of the 18th:
A bill to amend Code Section 56-407A relating to uninsured motor vehicle coverage, as amended so that application for discharge in bankruptcy,

WEDNESDAY, MARCH 3, 1976

2239

appointment of a trustee in bankruptcy or discharge in bankruptcy shall not be a bar to an insured person's claim; and for other purposes.

The House recedes from its position in amending the Senate substitute to the following bill of the House:

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 House has adopted the following resolution of the House:

HR 915. By Representatives Childs of the 51st, Hawkins of the 50th, Daugherty of the 33rd and Hamilton of the 31st:
A resolution urging the approval and funding of Service Integration Systems.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1489. By Representative Rainey of the 135th:
A bill to amend an Act revising the laws of this State relating to game and fish, as amended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations.

The House insists on its substitute and has appointed a Committee of Con ference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 617. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the ap pointment and terms of office of certain city officials.

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

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SR 441. By Senators Foster of the 50th and Duncan of the 30th: A resolution creating the Property Tax Sales Ratio Study Committee.
Referred to Committee on Rules.

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

HB 1355. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend Code Chapter 26-21, relating to distributing obscene materials, as amended, so as to provide that it shall be unlawful for any person to display certain materials unless such materials are displayed not less than 48 inches above floor level. Referred to Committee on Judiciary.

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State. Referred to Committee on Natural Resources and Environmental Quality.

HB 1624. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-313, relating to the surrender and return of the license, so as to provide that the revocations and suspen sions provided for in said Title shall commence on the day that the individual receives actual knowledge or legal notice thereof. Referred to Committee on Transportation.
HB 1668. By Representatives Peters of the 2nd and Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to provide for a taxidermist license. Referred to Committee on Natural Resources and Environmental Quality.
HB 1846. By Representatives Jessup of the 117th, Larsen of the 119th and Coleman of the 118th: A bill to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended.
Referred to Committee on Judiciary.
HB 2100. By Representative Murphy of the 18th: A bill to amend Code Section 56-407A relating to uninsured motor vehicle

WEDNESDAY, MARCH 3, 1976

2241

coverage, so that application for discharge in bankruptcy shall not be a bar to an insured person's claim.
Referred to Committee on Judiciary.

HR 915. By Representatives Childs of the 51st, Hawkins of the 50th, Daugherty of the 33rd and others:
A resolution urging the approval and funding of Service Integration Systems. Referred to Committee on Transportation.

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

Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1613. Do pass. HB 1764. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance 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 781. Do pass. HB 997. Do pass. HB 1379. Do pass. HB 1648. Do pass. HB 1902. Do pass. HB 2050. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

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Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:

Mr. President:

Your Committee on Banking, Finance & Insurance has had under considera tion the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1600. Do pass by substitute.
HB 1886. Do pass as amended.
Respectfully submitted, Senator Holley of the 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 House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
SB 664. Do pass as amended. HB 652. Do pass. HB 1067. Do pass. HB 1295. Do pass. HB 1296. Do pass. HB 1504. Do pass. HB 1505. Do pass. HB 1615. Do pass. HB 1781. Do pass. HB 1782. Do pass. HB 1884. Do pass. HB 2023. Do pass. HB 2035. Do pass. HB 1506. Do pass. HB 1751. Do pass. HB 1832. Do pass. HB 1833. Do pass. HB 1834. Do pass.

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2243

HB 1835. Do pass. HB 1836. Do pass. HB 1868. Do pass as amended. HB 2020. Do pass. HB 2021. Do pass. HB 2024. Do pass. HB 2025. Do pass. HB 2036. Do pass. HB 2049. Do pass. HB 2054. Do pass by substitute. HB 2072. Do pass. HB 2085. Do pass. HR 586. Do pass. HR 719. Do pass. HR 755. Do pass. HR 810. Do pass. HR 857. Do pass.
Respectfully submitted, Senator Garrard of the 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 2079. Do pass.
Respectfully submitted, Senator Kidd of the 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

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resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 614. Do pass as amended.
HR 861. Do pass.
Respectfully submitted, Senator Carter of the 14th 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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1308. Do pass.
HB 1607. Do pass as amended.
Respectfully submitted, Senator Doss of the 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 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 :
SR 415. Do pass.
HB 1939. Do pass.
HB 1934. Do not pass.
Respectfully submitted, Senator Fincher of the 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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1812. Do pass. HB 1756. Do pass.

WEDNESDAY, MARCH 3, 1976

2245

HB 1273. Do pass. HB 883. Do pass by substitute. HB 1618. Do pass by substitute. HB 1266. Do pass.
Respectfully submitted, Senator Fincher of the 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 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 1704. Do pass. HB 1717. Do pass. HR 813. Do pass by substitute.
Respectfully submitted, Senator 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 and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 731. Do pass. HB 1282. Do pass. HB 1514. Do pass. HB 1599. Do pass. HB 1674. Do pass. HB 1720. Do pass. HB 1784. Do pass. HR 600. Do pass. HB 1517. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

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JOURNAL OF THE SENATE,

Senator Gillis of the 20th District, Chairman of the Committee on Natural Resources & Environmental Quality, submitted the following report:

Mr. President:

Your Committee on Natural Resources & Environmental Quality has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 1830. Do pass.
HB 1877. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Senator Gillis of the 20th District, Chairman of the Committee on Natural Resources & Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources & Environmental Quality has had under consideration the following bill and resolution of the Senate & House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 418. Do pass. HB 1907. Do pass.
Respectfully submitted, Senator Gillis of the 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 438. Do pass. Respectfully submitted, Senator Kennedy of the 4th District, Chairman
Senator Tate of the 38th District, Vice-Chairman of the Committee on Re tirement, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following

WEDNESDAY, MARCH 3, 1976

2247

bills of the House and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations:
HB 282. Do pass as amended.
HB 1274. Do pass.
HB 158. Do pass by substitute.
Respectfully submitted, Senator Tate of the 38th District, Vice Chairman

The following communication from Senator Eldridge of the 7th was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
March 2, 1976
MEMORANDUM TO: Members of the Senate Rules Committee
Due to the fact that I am unable to be in the Capitol on the after noon of March 2, 1976 and must necessarily be in Waycross, Georgia and due to the fact that Senator John Riley of the 1st District is detained by his duties on the Appropriations Committee, I hereby direct Senator Steve Reynolds of the 48th District to call a meeting of the Senate Rules Committee, to act as Chairman, to consider any and all bills pending in the Committee at this time, and to set the Rules Calendar for March 3, 1976.
/a/ Frank Eldridge, Jr., Frank Eldridge, Jr., Chairman Senate Rules Committee
The following reports of the standing committees were read by the Secretary:
Senator Reynolds of the 48th District, Acting Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following reso lutions of the Senate and House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
SR 396. Do pass by substitute.
HR 769. Do pass. Respectfully submitted, Senator Reynolds of the 48th District, Acting Chairman

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JOURNAL OP THE SENATE,

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 and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1968. Do pass.
HR 803. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

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

HB 781. By Representative Greer of the 43rd:
A bill to amend Code Chapter 92-34, relating to the estate tax, so as to provide for the filing and time for filing of certain estate tax docu ments, to provide interest rates in certain instances, to provide a filing time for estate tax returns, to provide appraisal of estates by the State Revenue Commissioner in certain instances, to provide time of payment, and to provide interest rates in certain businesses.

HB 883. By Representative Marcus of the 26th:
A bill to amend Code Section 79A-702 relating to the definition of dangerous drugs so as to include certain dangerous drugs which have entered the market since Feb. 1, 1972.

HB 997. By Representatives Carter of the 146th, Harris of the 138th and Foster of the 152nd:
A bill to amend an Act known as the "Ga. Retailers' and Consumers' Sales and Use Tax Act" so as to clarify the provisions of existing law which grant an exemption from sales and use tax on certain machinery and equipment used on the farm in the production of poultry, eggs, fluid milk or livestock.

HB 1266. By Representatives Noble of the 48th, Marcus of the 26th, Richardson of the 52nd and others:
A bill to regulate occupational therapy; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for the Georgia State Board of Occupational Therapy, its establishment, terms of office, vacancies, and removal of members.

WEDNESDAY, MARCH 3, 1976

2249

HB 1273. By Representatives Mullinax of the 69th, Adams of the 14th, Ware of the 68th and others:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws 1974, p. 200) as amended, so as to change the date on which the provisions of said Act become effective.

HB 1379. By Representative Knight of the 67th:
A bill to amend Section 92-3102 of the Code of Georgia of 1933, as amended, relating to the rate of taxation of corporations and to corporate adjustments; to provide for the clarification of the nondeductibility of certain taxes paid by corporations.

HB 1600. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended.

HB 1613. By Representatives Coleman of the 118th, Foster of the 152nd, Matthews of the 145th and others:
A bill to provide that it shall be unlawful for the State, any branch, department, agency, board or commission of the State, any county, municipality, board of education, or other political subdivision, or any officer, agent or employee of any of the foregoing to purchase or authorize the purchase of beef under certain conditions.

HB 1618. By Representatives Baugh of the 108th, Parham of the 109th, Petro of the 46th and Calhoun of the 88th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to repeal certain provisions relating to the licensing of osteopaths; to change the penalty for the unlawful practice of medicine from a misdemeanor to a felony; to provide an effective date.

HB 1648. By Representatives Jones of the 126th, Taggart of the 125th, Triplett of the 128th and others:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value" so as to provide for additional requirements relative to the meaning of fair market value.

HB 1704. By Representatives Burruss of the 21st, Nix of the 20th, and Cooper and Wilson of the 19th:
A bill to amend an Act providing for the regulation of the installation of warm air heating equipment so as to change the provisions relative to the composition of the Board of Examiners of Warm Air Heating Contractors.

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JOURNAL OF THE SENATE,

HB 1717. By Representatives Richardson of the 52nd, Cox of the 141st, Russell of the 53rd and Davis of the 56th:
A bill to amend an Act providing for the creation and establishment of a Department of Labor so as to provide for an annual report and recommendation as to legislation needed by the Commissioner of Labor.

HB 1756. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to create a Joint Advisory Board of Family Practice to further the supply of competent family physicians; to provide for the member ship, selection, powers, duties and authority of the Board; to provide for severability; to provide an effective date.

HB 1764. By Representatives Patten and Carter of the 146th and Matthews of the 145th:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to change the membership of the Georgia Agrirama Development Authority; to provide an effective date.

HB 1830. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend the Oil and Gas and Deep Drilling Act of 1975 so as to provide for certain terms; to provide for authority and powers of the Board of Natural Resources.

HB 1812. By Representative Rush of the 121st:
A bill to require nursing homes receiving State funds under the Georgia Medicaid Program to file certified cost statements with the Commis sioner of the Department of Human Resources; to provide for pro cedures, requirements and penalties relative thereto.

HB 1877. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish so as to change the provisions relative to certain license fees and the fees of license agents.

HB 1886. By Representatives Ware of the 68th and Wood of the 9th:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to provide that, regardless of the method of routing, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due under the contracts.

HB 1902. By Representative Connell of the 37th:
A bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act so as to provide that credit in the amount of tax actually paid in a State which does not grant like credit for taxes paid in Georgia shall be given in respect to certain uses of tangible personal property.

WEDNESDAY, MARCH 3, 1976

2251

HB 1907. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Chapter 88-13 known as the "Georgia Radiation Control Act" so as to amend the policy declared; to provide certain requirements relative to the administration of a radiation control program.

HB 1968. By Representative Phillips of the 59th:
A bill to amend an Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes so as to change the fine for violation of such resolutions.

HB 2050. By Representatives Buck of the 95th and Berry of the 94th:
A bill to amend an act providing for additional investments for munici palities, counties, school districts and other local units of government.

HR 803. By Representatives Lambert of the 112th, Carlisle of the 71st and Lane of the 81st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the receipt, administra tion, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, waterways, airports, and port facilities; to provide for the submission of this Amendemnt for ratification or rejection.

HR 813. By Representatives Scott of the 37th, Glanton and Parkman of the 66th and others:
A resolution creating the Full Employment in Georgia Study Committee.
SB 664. By Senator Stephens of the 36th:
A bill to amend Title 92 of the Code of Georgia by adding a new Chapter to be entitled Chapter 76A, pertaining to the advertisement and sale of executions, so as to provide in counties having a population of 600,000 or more, or to those municipalities lying wholly or partially within such a county, tax executions shall be advertised and sold.
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.
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

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JOURNAL OF THE SENATE,

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.

HB 1295. By Representative Games of the 43rd:
A bill to amend an Act authorizing the commissions of Fulton County to establish rules and regulations governing the payment of pensions so as to clarify the provisions relating to the computation of pension benefits.

HB 1296. By Representative Games of the 43rd:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions so as to permit all officers or employees of Fulton County to participate in said pension fund as amended.

HB 1504. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide a limitation upon prior service credit for active full-time military duty under certain circumstances.

HB 1505. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide deferred pension benefits to those persons leaving the employ ment of said Board of Education after completing ten years of active service and upon subsequently attaining the age of 65 years.

HB 1615. By Representative Carnes of the 43rd:
A bill to provide certain counties with authority to adopt procedures for disposal of abandoned automobiles; to define terms; to provide for an effective date.

HB 1781. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating a new charter for the City of Atlanta, approved Mar. 16, 1973 (Ga. Laws 1973, p. 2188), as amended, so as to change the corporate limits of said city; to provide an effective date.

HB 1782. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to require representatives of the governing authority of any

WEDNESDAY, MARCH 3, 1976

2253

county in this State which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the U.S. Decennial Census of 1970, or any future such census, to meet annually with representatives of the governing authority of any such city.

HB 1884. By Representatives Cooper, Howard and Wilson of the 19th and others:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to provide a method for the repeal of the charter of the City of Powder Springs; to provide for a petition and a referendum in connection therewith.
HB 2023. By Representatives Johnson, Harris 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 the salary system in lieu of fees so as to change the provisions relative to the employees of said officers.
HB 2035. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A bill to amend an Act creating the Macon-Bibb County Urban Develop ment Authority so as to change the procedure by which said Authority is authorized to exercise the power of eminent domain.
HB 1506. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", approved Feb. 2, 1945, as amended, so as to change the formula for computation of the amount of retirement benefits.

HB 1751. By Representative Crawford of the 5th:
A bill to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to said city.

HB 1832. By Representative Stone of the 138th:
A bill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation so as to change the salary of said sheriff.

HB 1833. By Representative Stone of the 138th:
A bill to amend an Act creating the office of Tax Commissioner of Telfair County so as to change the salary of said tax commissioner; to provide for an effective date.

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JOURNAL OF THE SENATE,

HB 1834. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system, exclusively, so as to change the salary of said county officer.

HB 1835. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Ga., from the fee system and salary system to the salary system exclusively so as to change the salary of the judge of the probate court.

HB 1836. By Representative Stone of the 138th:
A bill to amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, Ga., so as to change the compensation of said commissioner; to provide an effective date.

HB 1868. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A bill to amend an Act providing for a board of elections in each county in this State having a population of not less than 60,000 and not more than 65,000 according to the U.S. Decennial Census of 1970, or any future such census, approved Mar. 14, 1973, so as to change the popu lation category within which such boards of election are created.

HB 2020. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to create a new charter for the City of Lovejoy in the County of Clayton; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for a Merit Service System.

HB 2021. By Representative Oxford of the 116th:
A bill to provide a new Charter for the City of Plains, Georgia, in the county of Sumter; to provide for the incorporation of said city as the City of Plains; to provide for corporate boundaries; to provide for the corporate powers of the government of the City of Plains, to be exercised by the governing authority; and for other purposes.

HB 2024. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to provide for the appointment beginning Jan. 1, 1977, of the Oconee County School Superintendent by the Board of Education of Oconee County; to provide the procedures connected therewith; to provide for a referendum.

WEDNESDAY, MARCH 3, 1976

2255

HB 2025. By Representative Owens of the 77th:
A bill to amend an Act creating the Board of Commissioners of Columbia County so as to change the manner of electing the chairman of the board of commissioners of roads and revenues of Columbia County.

HB 2036. By Representatives Adams of the 79th and Smith of the 78th:
A bill to amend an Act incorporating the City of Concord so as to provide for the office, election, qualification, term, vacancy, and removal of Mayor; to provide for the offices, election, qualifications, and terms of Councilmen.

HB 2049. 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 number of employees within the sheriff's office; to make the chief jailer a deputy; to provide an effec tive date.

HB 2054. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to repeal an Act creating and incorporating the City of Mountain View; to provide for a referendum; to provide an effective date.

HB 2072. By Representatives Stone and Harris of the 138th:
A bill to change the composition and method of appointing members of the board of hospital authorities of this State having a population of not less than 17,830 and not more than 18,080 according to the U.S. Decennial Census of 1970 or any future such census; to provide an effective date.
HB 2085. By Representative Irvin of the 10th:
A bill to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits of said city.
HR 586. By Representative Carnes of the 43rd:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize and empower the governing authority of Pulton County, Georgia, to enact ordinances and traffic regulations for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and provide penalties for violation of such ordinances.
HR 719. By Representative Tucker of the 73rd:
A resolution proposing an amendment to the Constitution so as to vest the law enforcement powers of Henry County in the Sheriff of Henry

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County and to provide that the governing authority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforcement purposes and to provide for budgeting, boards of arbitration and other matters relative thereto.

HR 755. By Representatives Buck of the 95th, Parrish of the 97th, King of the 96th and others:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Muscogee County.

HR 810. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the Macon-Bibb County Urban Development Authority to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving land, buildings, and facilities for use by the County of Bibb and the City of Macon, either or both for their governmental, proprietary or administrative functions.

HR 857. By Representatives Carlisle and Mostiler of the 71st and Bailey and West of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide that effective Jan. 1, 1981, the County School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette County; to provide for the submission of this amendment for ratification or rejection.

HB 2079. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act requiring the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects so as to change the date upon which such reports are to be furnished to the members of the General Assembly; to provide an effective date.

HB 158. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System so as to provide for an additional postretirement benefit adjustment.

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".

WEDNESDAY, MARCH 3, 1976

2257

HB 1274. By Representatives Castleberry of the lllth, Chance of the 129th, Wheeler of the 152nd and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to authorize employees of the Georgia Agricultural Commodity Commissions, as established by an Act known as the "Georgia Agricultural Commodities Promotion Act", to become members of the Employees' Retirement System of Georgia.

HB 1282. By Representative Greer of the 43rd:
A bill to amend an Act providing for the administration of estates of persons who are missing and for the probate of wills of such persons so as to provide a procedure for the administration of estates and the probate of wills of persons who are missing under circumstances which would lead to the conclusion that said persons are dead.

HB 1308. By Representatives Murphy of the 18th, Vaughn of the 57th, Parrish of the 97th and Harrison of the 20th:
A bill to declare the intent of the General Assembly to encourage training and service in the military by authorizing tuition grants under certain conditions to students in the State-supported military college; to provide definitions; to provide for application for and administration of said grants.
HB 1514. By Representatives Cox of the 141st, Cole and Foster of the 6th and others:
A bill to amend Code Chapter 88-17, relative to vital records, as amended, so as to change the provisions relative to issuing of copies of death certificates; to provide for certificates of record; to change the provisions relative to burial transit permits.
HB 1517. By Representatives Taggart of the 125th, Carlisle of the 71st, Snow of the 1st and others:
A bill to amend Code Section 30-127 relating to custody of children as amended to amend Code Section 50-121, relating to how a wife or child may be disposed of in habeas corpus proceedings, and to amend Code Section 74-107, relating to custody of minor children and the discretion of the court as to custody of minor children.
HB 1599. By Representatives Pinkston of the 100th and Evans of the 99th:
A bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over and dispossessory warrants, as amended, so as to provide that the judge or clerk of the superior court or the judge or clerk of the State court, civil court, or small claims court or any justice of the peace may receive an oath to the facts to issue a dispos sessory warrant.

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JOURNAL OF THE SENATE,

HB 1607. By Representatives Hill of the 127th, Glover of the 32nd and White of the 132nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Ga., as amended, so as to provide that no increase in tuition or other fees fixed by the Board of Regents shall become effective until the expiration of a period of 60 days follow ing the date on which the Board of Regents notifies the president of each unit of the University System of Ga. of the proposed increase in such tuition or fees.

HB 1674. By Representatives Walker of the 115th, Culpepper of the 98th, Snow of the 1st and others:
A bill to amend an Act relating to trials at the first term so as to repeal the provisions relative to divorce cases; to provide for intent; to provide an effective date.

HB 1720. By Representatives Parkman and Glanton of the 66th, Long of the 142nd and others:
A bill to amend Code Section 79A-9917, relating to conditional discharge for possession of certain drugs as a first offense, as amended, so as to provide that certain offenses of possession of one ounce or less of marijuana may be tried in certain courts of municipalities.

HB 1784. By Representative McDonald of the 12th:
A bill to amend Code Chapter 26-13, relating to the crimes of bodily injury and related offenses, so as to provide for the crime of assault upon a law enforcement officer; to provide for penalties.

HB 1939. By Representative Logan of the 62nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes so as to provide that it shall be unlawful for any person not licensed under said Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name.

HR 600. By Representatives Mann, Clark and Milford of the 13th:
A resolution authorizing the State Librarian to furnish the Elbert County Law Library with certain books.

HR 614. By Representatives Wheeler of the 152nd, Ross of the 76th, Jordan of the 58th and others:
A resolution creating the Education Laws Study Committee.

HR 861. By Representatives Knight of the 67th, Shanahan of the 7th, Elliott of the 49th and others:
A resolution creating the Curriculum Study Committee for the public schools of Georgia.

WEDNESDAY, MARCH 3, 1976

2259

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:

HB 1723. By Representatives Colwell and Twiggs of the 4th and Dover of the llth:
A bill to authorize the governing authorities of the counties comprising the Mountain Judicial Circuit to supplement the salary of the Judge of the Superior Courts of such Circuit from 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 yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1933. By Representative Vaughn of the 57th:
A bill to amend an Act creating and establishing a new charter for the City of Lithonia so as to change the amount of fines which may be imposed by the recorder's court.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1972. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to provide for an increase in the compensation of certain county officers and employees of Bulloch 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 yeas were 45, nays 0.

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

HB 2002. By Representatives Parkman and Glanton of the 66th:
A bill to provide for the election of the members of the Board of Educa tion of Carroll County; to provide for education districts and the reap-

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JOURNAL OP THE SENATE,

portionment thereof; to provide for the manner of electing members to
the board; to provide for definitions; to provide for residency require ments.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 2009. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe and creating a new charter for said city so as to change the corporate powers of the city; to change the provisions relating to the granting of franchises and the making of contracts for public utilities and public 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 yeas were 45, nays 0.

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

HB 2013. By Representatives Rush of the 121st, Fraser of the 139th and Clifton of the 107th:
A bill to provide for an additional secretary for the office of the Dis trict Attorney of the Atlantic Judicial Circuit; to provide for the employment, powers, duties, qualifications and compensation of such secretary; 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 yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 2026. By Representatives Hutchinson of the 133rd, White of the 132nd, Mc'Collum of the 134th and Hatcher of the 131st:
A bill to amend an Act creating a new charter for the City of Albany so as to give to the City of Albany jurisdiction and authority over certain properties heretofore conveyed by the State of Ga. to the City of Albany known as Chehaw Park, located partly in Dougherty County and partly in Lee County beyond the corporate limits of the city.

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2261

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

On the passage of the bill, the yeas were 45, nays 0,

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

HB 2028. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Nunez in the County of Emanuel so as to change the terms of office of the mayor and alder men of said town from one year to two years.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 2029. By Representatives Dover of the llth and Irvin of the 10th: A bill to amend an Act incorporating the Town of Cornelia so as to increase the maximum amount of punishment for violation of ordinances and contempt of court by increasing the maximum amount of fine which may be imposed and by increasing the maximum number of days for which a person may be sentenced to serve in 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 yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2031. By Representative Ross of the 76th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County so as to place the tax commissioner on an annual salary; to provide for clerical help; to provide for public funds and fees; to provide an effective date.
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 yeas were 45, nays 0.

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

HB 2032. By Representative Ross of the 76th:
A bill to amend an Act providing for the compensation of the Judge of Probate Court of Warren County so as to authorize the judge of pro bate court to employ clerical help; to provide for the compensation and duties of such clerical help.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 2033. By Representatives Colwell and Twiggs of the 4th:
A bill to provide for the election of the members of the Board of Educa tion of Lumpkin County; to provide for the appointment of the county school superintendent of Lumpkin County by the Board of Education of Lumpkin 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 yeas were 45, nays 0.

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

HB 2041. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins 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 yeas were 45, nays 0.

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

WEDNESDAY, MARCH 3, 1976

2263

HB 2044. By Representative Oxford of the 116th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary so as to increase the compensation of the clerk and deputy clerks.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 45, nays 0.

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

HB 2052. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a new Board of Education of Grady County so as to change the compensation of the members of the board of education; to provide additional compensation for that member elected to serve as chairman of the 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 yeas were 45, nays 0.

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

HB 2062. By Representative Hanner of the 130th:
A bill to amend an Act placing the Sheriff of Terrell County, Georgia, on an annual salary in lieu of the fee system of compensation so as to change the minimum compensation of the Deputy Sheriff of Terrell 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 yeas were 45, nays 0.

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

HB 2066. By Representative Jessup of the 117th:
A bill to amend an Act authorizing the employment of a certified ac countant to audit all county books annually for the County of Bleckley so as to change the provisions relative to the date for said audit.

2264

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 yeas were 45, nays 0.

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

HB 2068. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners for Houston County so as to change the provisions relative to filling vacancies.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 2070. By Representatives Kreeger and Burruss of the 21st, Nix 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; to change the date on which elections shall be held to elect a mayor and seven councilmen for the City of Smyrna.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 2076. By Representatives Long of the 142nd and Cox of the 141st:
A bill to amend an Act creating a Board of Commissioners for the County of Grady so as to change the terms of office of the commis sioners on said board and provide for staggered terms; to define the manner of fixing the salary of the chairman of said board.

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

WEDNESDAY, MARCH 3, 1976

2265

On the passage of the bill, the yeas were 45, nays 0.

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

HB 2077. By Representative Sweat of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville so as to change the provision relating to municipal general elec tions; to change the provisions relating to the terms of office of the mayor and alderman.

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

On the passage of the bill, the yeas were 45, nays 0.

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

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.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 283:
A BILL
To be entitled an Act to amend an Act amending, revising, super seding, and consolidating the laws pertaining to the governing authority of DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended by an Act approved March 9, 1959 (Ga. Laws 1959, p. 2481), an Act approved March 10, 1959 (Ga. Laws 1959, p. 2636), an Act ap proved March 10, 1959 (Ga. Laws 1959, p. 2658), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3461), an Act approved April 9, 1963 (Ga. Laws 1963, p. 3324), an Act approved March 3, 1966 (Ga. Laws 1966, p. 2855), an Act approved April 21, 1967 (Ga. Laws 1967, p. 3480), an Act approved April 11, 1968 (Ga. Laws 1968, p. 3658), an Act approved April 28, 1969 (Ga. Laws 1969, p. 3795), an Act approved April 28, 1969 (Ga. Laws 1969, p. 3866), an Act approved March 21, 1970 (Ga. Laws 1970, p. 3184), a Resolution filed April 2, 1969 (Ga. Laws 1970, p. 3505), a Resolution filed March 6, 1969 (Ga. Laws 1970, p. 3510), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3547), an Act approved April 3, 1972 (Ga. Laws 1972, p. 3602), an Act ap proved April 3, 1972 (Ga. Laws 1972, p. 3664), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3785), a Resolution filed July 20, 1973

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JOURNAL OF THE SENATE,

(Ga. Laws 1974, p. 3995), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 4533), so as to provide for the executive and legislative func tions of the governing authority of DeKalb County; to change the composition, number, manner of election and qualifications of members of the board of commissioners; to provide for a county executive; to provide for the manner of election, qualifications, and term of office of the county executive; to provide for commissioner districts; to pro vide for the election of the county executive and certain members of the board of commissioners; to provide for the preservation of terms of certain members of the board; to provide for vacancies; to provide for recall; to provide for oath and bond; to provide for compensation; to provide for a chairman and vice chairman; to provide for meetings and voting requirements; to provide for the powers and duties of the county executive, board of commissioners and its chairman and vice chairman; to provide for the approval or veto of ordinances and resolu tions; to provide for records and minutes; to provide for budgets and appropriations; to provide for expenditures of funds and audits; to prohibit certain conflicts of interest; to make certain acts unlawful; to provide penalties; to repeal conflicting laws; and other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act amending, revising, superseding, and consolidat ing the laws pertaining to the governing authority of DeKalb County, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended by an Act approved March 9, 1959 (Ga. Laws 1959, p. 2481), an Act approved March 10, 1959 (Ga. Laws 1959, p. 2636), an Act approved March 10, 1959 (Ga. Laws 1959, p. 2658), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3461), an Act approved April 9, 1963 (Ga. Laws 1963, p. 3324), an Act approved March 3, 1966 (Ga. Laws 1966, p. 2855), an Act approved April 21, 1967 (Ga. Laws 1967, p. 3480), an Act approved April 11, 1968 (Ga. Laws 1968, p. 3658), an Act approved April 28, 1969 (Ga. Laws 1969, p. 3795), an Act approved April 28, 1969 (Ga. Laws 1969, p. 3866), an Act approved March 21, 1970 (Ga. Laws 1970, p. 3184), a Resolution filed April 2, 1969 (Ga. Laws 1970, p. 3505), a Resolution filed March 6, 1969 (Ga. Laws 1970, p. 3510), an Act ap proved April 10, 1971 (Ga. Laws 1971, p. 3547), an Act approved April 3, 1972, (Ga. Laws 1972, p. 3602) an Act approved April 3, 1972 (Ga. Laws 1972, p. 3664), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3785), a Resolution filed July 20, 1973 (Ga. Laws 1974, p. 3995), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 4533), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows:

"Section 1. County Executive and Board of Commissioners created. There is hereby created in and for the County of DeKalb a county executive and board of commissioners to be elected and organized as hereinafter set forth, which county executive and board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. The term 'county executive' wherever employed herein shall mean the County Execu tive of DeKalb County, and the term 'commission' shall mean the Board of Commissioners of DeKalb County."

WEDNESDAY, MARCH 3, 1976

2267

Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows:

"Section 2. Election and qualifications of County Executive and Board of Commissioners. (A) The commission established herein shall consist of seven members. Two members shall be elected from the county at large. One of such members shall be a resident of the northern portion of the county, and one of such members shall be a resident of the southern portion of the county. For the purposes of electing at-large commissioners, DeKalb County is hereby divided into a northern portion and a southern portion by a line described as follows:

A line beginning at the point where the Georgia Railroad rightof-way intersects the boundary between Pulton County and DeKalb County near DeKalb Avenue; thence running East along said rightof-way to the point where said right-of-way intersects the rightof-way of the Stone Mountain By-Pass; thence running East along the right-of-way of the Stone Mouutain By-Pass to the point where the right-of-way of the Stone Mountain By-Pass intersects the boundary between Gwinnett County and DeKalb County.
Each at-large member shall be elected by the qualified voters of the entire county. Candidates for election as an at-large commis sioner shall designate the portion of the county from which they are offering as a candidate. The other five commissioners shall be elected from Commissioner Districts, as hereinafter provided. For the purposes of electing said five members, there shall be five Commissioner Districts as provided hereinafter numbered 1 through 5, inclusive. Each of said five members of the commission shall be elected by the qualified voters of each respective Commissioner District and shall reside in the Commissioner District from which such member is elected. Candidates for election from Commissioner Districts may not offer for election to the board from any Com missioner District other than the Commissioner District in which their legal residence lies. For the purpose of electing commission members, DeKalb County is hereby divided into five Commissioner Districts to be constituted and to be designated as follows:

Commissioner District No. 1 shall be that portion of DeKalb County located within State Senatorial District No. 41.

Commissioner District No. 2 shall be that portion of DeKalb County located within State Senatorial District No. 5.

Commissioner District No. 3 shall be that portion of DeKalb County located within State Senatorial District No. 43.

Commissioner District No. 4 shall be that portion of DeKalb County located within State Senatorial District No. 55.

Commissioner District No. 5 shall be that portion of DeKalb County located within State Senatorial District No. 42.

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JOURNAL OF THE SENATE,

The Sate Senatorial Districts named herein shall mean the same senatorial districts provided for by Code Section 47-102, re lating to State Senatorial Districts, as amended, as said senatorial districts were composed on July 1, 1972.

(B) The county executive shall be elected by the qualified voters of the entire county and may reside anywhere in the county. The county executive shall be a citizen of this State who has at tained the age of thirty years and who has been a resident of DeKalb County for not less than five years next preceding his election, and shall hold no other elective public office.

(C) Members of the commission shall be citizens of this State who have attained the age of twenty-five years and who have met the residency requirements for their office for not less than two years preceding their election, and shall hold no other elective public office."

Section 3. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3, to read as follows:

"Section 3. Term of office, (a) In order to provide for full service of any term to which any person shall have been heretofore elected, the person elected in the general election of 1974 to the office of 'Commissioner--District No. 2' or his successor under the provisions of the aforesaid Act, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, shall be designated the incum bent Commissioner District No. 2, as reconstituted herein, and the person elected in the general election of 1974 to the office of 'Commissioner--District No. 3' or his successor under the provisions of the aforesaid Act, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, shall be designated as the incumbent Commis^ sioner--District No. 3, as reconstituted herein. The commissioners from Commissioner Districts No. 2 and 3 shall serve for the re mainder of their terms of office, which terms shall expire on Decem ber 31, 1978. The incumbent at-large commissioner whose term of office expires on December 31, 1976, is hereby designated the atlarge commissioner from the northern portion of the county. The incumbent at-large commissioner whose term of office expires on December 31, 1978, is hereby designated as the at-large commis sioner from the southern portion of the county and may serve in such office notwithstanding the residency requirements contained in this Act until December 31, 1978.
(b) At the general election of 1976, the county executive and the at-large commissioner from the northern portion of the county and the members from Commissioner Districts No. 1, No. 4, and No. 5 shall be elected for a term of four years and until their suc cessors are elected and qualified. Such county executive and the commissioners elected at the general election of 1976 shall take office on the first day of January following their election.
(c) Beginning in 1976, successors to the members of the board whose terms expire in that year in which a general election is held,

WEDNESDAY, MARCH 3, 1976

2269

shall be elected at the general election which is conducted that year and shall take office on the first day of January following their election, and shall serve for a four-year term of office until their successors are duly elected and qualified."
Section 4. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, to read as follows:
"Section 4. Election and term of county executive. The first county executive created herein shall be elected in accordance with the provisions set forth in this Act, and shall serve for the term provided in this Act. His successor and all subsequent county execu tives shall be elected at the same time as members of the commis sion and shall serve for terms of four years each and until their respective successors are elected and qualified.

No member of the board of commissioners whose term of office does not expire in the year in which an election is held for the office of county executive shall be qualified to be a candidate for the office of county executive unless he shall have first submitted his irrevocable resignation as a member of the board of commissioners to the Judge of the Probate Court of the county and the board of commissioners on or before March 1st, to be effective on or before December 31, of the year in which the election for county executive is held, at which time his office shall be deemed vacant. The va cancy thus created subsequent to said December 31 shall be filled by election in the same manner as prescribed by law for the election of members of the General Assembly."

Section 5. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5, to read as follows:

"Section 5. Vacancies. Vacancies shall be filled as follows:
(a) In the event a vacancy shall occur in the office of any com missioner or the county executive, when at least 180 days remain in the unexpired term of office in which the vacancy occurs, it shall be the duty of the Judge of the Probate Court of DeKalb County, within 15 days after the vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Such special election shall be held within 45 days after the issuance of the call and shall be conducted in accordance with the provisions of the Georgia Election Code. The person elected to fill such vacancy shall serve out the unexpired term of office. If the vacancy occurs in the office of county executive, until a new county executive shall be elected and qualified, the chairman of the board of commissioners shall exercise all of the powers, duties, and responsibilities of the county executive, and the vice chairman of the board of commis sioners shall serve as chairman.

(b) In the event a vacancy occurs in the office of any com missioner or the county executive, when there is less than 180 days in the term of office in which the vacancy occurs, the members of

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JOURNAL OP THE SENATE,

the board shall elect a successor to fill said vacancy and serve out the remaining unexpired term. The person so elected must possess the residency qualifications of his predecessor in office. In the event such a vacancy occurs in the office of chairman, the vicechairman shall exercise the powers, duties and responsibilities of the chairman until a new chairman shall be elected by the board."
Section 6. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6, to read as follows:
"Section 6. Recall of county executive or commission member. The county executive or any member of the commission shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall election must be signed by not less than fifteen (15%) percent of the qualified registered voters of said county and shall be filed in the office of the Judge of the Probate Court of said county. No such petition shall be filed with the Judge of the Probate Court, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in DeKalb County certifying that the names appearing on said petition have been verified by comparison with the list of qualified, regis tered voters maintained by him, and that the names appearing thereon constitute not less than fifteen (15%) percent of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the Judge of the Probate Court, it shall be his duty to call an election to be held not more than thirty days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or vot ing machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote "For recall of the above named officer" or "Against recall of the above named officer." The Judge of the Probate Court shall forth with publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appoint ment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. If in the opinion of the Judge of the Probate Court it is practicable to do so, voting machines shall be used. No officer subject to the provisions of this Section shall be subject to more than one recall election during a term of office."

Section 7. Said Act is further amended by striking Section 6A in its entirety and substituting in lieu thereof a new Section 6A, to read as follows:

WEDNESDAY, MARCH 3, 1976

2271

"Section 6A. If the county executive or any member of the Board of Commissioners of DeKalb County shall quality for nomina tion or election to any other elective office, other than as a candidate for county executive or membership on the Board of Commissioners of DeKalb County, respectively, his position of county executive or membership on said Board shall become vacant, and such vacancy shall be filled as is provided for in Section 5 of this Act."

Section 8. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7, to read as follows:

"Section 7. Oath and bond. Before entering upon the discharge of their duties, the county executive and members of the commission shall subscribe an oath before the Judge of the Probate Court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition the county executive shall further give a satisfactory surety bond to be judged by the Judge of the Probate Court of the county and payable to the Judge of the Probate Court or his suc cessor in office and filed in the office of the Judge of the Probate Court, in the sum of fifty thousand ($50,000.00) dollars, condi tioned upon the faithful performance of the duties of the office. Each member of the board shall give like bond in the sum of ten thousand ($10,000.00) dollars. The costs of said bonds shall be paid out of the county treasury."

Section 9. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8, to read as follows:

"Section 8. Compensation. Members of the commission herein created shall be paid as their entire compensation for services as same the sum of seven thousand seven hundred ($7,700.00) dollars per annum, to be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury. The county executive shall receive as his entire compensation the sum of twenty seven thousand five hundred ($27,500.00) dollars per annum, which shall be paid in equal monthly amounts. Twenty one thousand ($21,000.00) dollars of said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn; one thousand five hundred ($1,500.00) dollars of said salary shall be paid from the receipts of the DeKalb County sewer system and shall constitute an administrative expense of said system; and five thousand ($5,000.00) dollars of said salary shall be paid from the receipts of the DeKalb County waterworks system and such sums shall constitute an administrative expense of said system. The salary so fixed shall constitute the entire com pensation to which said county executive shall be entitled either as such county executive or as the administrator of the DeKalb County waterworks system. Members of the board of commissioners and the county executive may be paid as an allowance for automobile and clerical expenses a sum not exceeding one hundred ($100.00) dollars per month."

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Section 10. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9, to read as follows:

"Section 9. Chairman and vice-chairman. At the first regular meeting in January of each year, the commission shall elect from its members, a chairman and a vice-chairman. In the event of death, disqualification or resignation of the chairman, the vice-chairman shall perform the duties and authority of the chairman until a new chairman is chosen as herein provided. The vice-chairman shall preside at commission meetings in the absence of the chairman, and shall serve for the current calendar year. In the event of a vacancy in the office of vice-chairman, the commission shall elect a new vice-chairman to serve for the remainder of the calendar year."

Section 11. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10, to read as follows:

"Section 10. (a) The board of commissioners shall hold regu lar meetings on the second and fourth Tuesday of each month beginning at 2:00 o'clock p.m. at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any other four members of the commission, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meet ing open to the public.
(b) Four members of the commission shall constitute a quorum for the transaction of ordinary business, and a lesser number may adjourn or recess any meeting. No official action shall be taken, however, except upon the affirmative vote of four members of the commission."

Section 12. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new Section 11, to read as follows:
"Section 11. Chairman; election, powers, and duties. At the first regular meeting in January of each year, the commission shall elect from its members, a chairman. The chairman of the board of commissioners:
(a) shall preside at meetings of the board and shall be a member of that body;

(b) shall vote in all instances as any other member of the board;

(c) shall appoint the members and chairmen of such com mittees as may be established by the board pursuant to its rules, and fill vacancies therein, provided any such appointments shall

WEDNESDAY, MARCH 3, 1976

2273

be subject to rejection by a majority vote of the total membership of the board; and the chairman of the board may be a member of any of said committees;
(d) shall exercise all powers and discharge all duties of the county executive in the case of a vacancy in the office of county executive or during the disability of the county executive;
(e) shall be authorized to compel the attendance of board members by subpoena, subject to the rules of the board;
(f) shall have such further powers and perform such other duties consistent with law as may be provided by ordinance or resolution of the board; and shall have power to introduce ordi nances or resolutions and speak to any pending matter before the board as any other member; and
(g) shall have all other powers and duties of a member of the board."
Section 13. Said Act is further amended by adding following Sec tion 11 a new Section to be designated Section 11 A, to read as follows:
"Section 11 A. County Executive. The County Executive of DeKalb County shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration of the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The county executive shall not pre side over meetings of the commission.
The county executive shall establish rules and regulate pur chasing services for all county departments, offices and agencies. Formal sealed bids, after notice of same has been published one time in the newspaper in which the sheriff's advertisements of the county are published, must be obtained on all purchases exceeding one thousand ($1,000.00) dollars."
Section 14. Said Act is further amended by adding following Sec tion 11 a new Section to be designated Section 11B, to read as follows:
"Section 11B. Submission of ordinances and resolutions to county executive; county executive's veto. Every ordinance or resolution adopted by the board of commissioners shall be signed by the chairman of the board, certified by the clerk of the board and presented to the county executive's office within two (2) calendar days following its adoption. The county executive shall approve or veto the ordinance or resolution within eight (8) calendar days after adoption, and no ordinance or resolution shall become effec tive without his approval except as herein provided. If the county executive vetoes an ordinance or resolution, he shall within two (2) business days of such veto return it to the board accompanied by a written statement of the reasons for his veto. If the board shall pass the ordinance or resolution by a vote of two-thirds of its total

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membership at the meeting next held after the ordinance or resolu tion has been returned with the county executive's veto, it shall become law without his approval. In the event the county executive does not approve or veto the ordinance or resolution within the time required, it shall become law without his approval. The county executive may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the board over the county executive's veto as provided herewith with respect to the passage of a vetoed ordinance or resolution."

Section 15. Said Act is further amended by striking Section 12 in its entirety and substituting in lieu thereof a new Section 12, to read as follows:

"Section 12. The commission. The commission shall have the power and authority to fix and establish, by appropriate resolu tion entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the county executive. The policies, rules and regulations so adopted by the commission shall be carried out, executed and enforced by the county executive, and the commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said county executive which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null, void and of no effect. The following powers are hereby vested in the Com mission and reserved to its exclusive jurisdiction:

(a) To levy taxes.

(b) To make appropriations.

(c) To fix the rates of all other charges.

(d) To authorize the incurring of indebtedness.

(e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment.

(f) To authorize contracts, except contracts of employment, involving the expenditure of county funds in excess of $5,000.00.

(g) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the county executive shall have the authority to accept subdivision plats when the requirements established by the commission for subdivi sions have been met.

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(h) To establish, abolish, or change election precincts and militia districts according to law.

: (i) To allow the insolvent lists for the county.

(j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the commissioner or board of com missioners of the county.
(k) To exercise, all powers, duty and authority heretofore imposed upon the vested in the Commissioner of DeKalb County in respect to zoning and planning.
(1) To create and change the boundaries of special taxing districts authorized by law.
(m) To fix the bonds of county officers where same are not fixed by statute.
(n) To enact any ordinances or other legislation the county may be given authority to enact.
(o) To determine the priority of capital improvements,

(p) To call elections for the voting of bonds.

(q) To exercise all of the power and authority heretofore vested by law in the Judge of the Probate Court when sitting for county purposes, and delegated by law to the Commissioner of DeKalb County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated.
(r) To fix, levy and assess licenses fees, charges or taxes on all persons, firms and corporations engaging in or offering to engage in any trade, business, calling, avocation or profession, or operating buses upon the county maintained public streets, roads and highways, in the area of DeKalb County, Georgia, outside the incorporated limits of municipalities situated therein, and to classify all such persons, firms and corporations subject to this Act according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees, charges or taxes against different classes of trades, businesses, callings, avocations or professions. Such li censes shall be issued, annually or otherwise, and may be revoked, cancelled or suspended after notice and a hearing, in accordance with rules prescribed by said board. Said board shall be further authorized and empowered to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens of said county, and to

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prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or which such license is revoked or suspended. Payment of said license fees, charges or taxes may be enforced by fi. fas. issued by the governing authority of said county and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. Said board shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed under this Act to give a bond payable to DeKalb County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by said board of commissioners but not to exceed the sum of five thousand dollars. Such license fees, charges or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depositor as general funds of said county."

Section 16. Said Act is further amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14, to read as follows:

"Section 14. Appointment of county officials and employees. The county executive shall have the exclusive power and authority 1 to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of DeKalb County which may now be in force or subsequently adopted, all employees and officials of the county, except as to: (a) boards or positions created by State statute, and (b) elected officers and their employees. Such appointment and/or removal shall be subject to approval by the board of commissioners in the case of the director of finance and the county attorney."

Section 17. Said Act is further amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15, to read as follows:

"Section 15. Appointments to statutory positions. The appoint ment and removal of, and the compensation to be paid to, persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the county executive, subject to the approval of the board of com missioners, within budgetary provisions."

Section 18. Said Act is further amended by striking Section 16 in its entirety and substituting in lieu thereof a new Section 16, to read as follows:

"Section 16. Executive assistant to county executive. The county executive shall appoint, without requirement of approval by the commission, an executive assistant to the county executive, fix his compensation within budgetary provisions, and assign his

WEDNESDAY, MARCH 3, 1976

2277

duties. Said executive assistant shall, in general, exercise such routine duties of the county executive as shall be delegated to him by the county executive. The executive assistant shall have successfully completed formal training in business administration, engineering or public administration and have had at least two years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the county executive, who shall be au thorized and empowered from time to time to increase, diminish, alter or modify the duties and compensation of the executive as sistant, according to his own discretion, within the budgetary provisions."

Section 19. Said Act is further amended by striking Section 17 in its entirety and substituting in lieu thereof a new Section 17, to read as follows:

"Section 17. Departments. The internal organization of the county government hereby established subordinate to and as ad ministrative instrumentalities of the county executive and com mission shall be divided into the following departments.

1. Finance.

2. Water.

3. Public works.

4. Public safety.

5. Fire.

6. Parks and recreation.

7. Law.

8. Buildings and inspections.

9. Sewer.

10. Zoning and planning.
Additional departments may be created, or any two or more departments may be consolidated, by the county executive except that the department of finance shall be maintained at all times as a separate and distinct department."

Section 20. Said Act is further amended by striking Section 18 in its entirety and substituting in lieu thereof a new Section 18, to read as follows:

"Section 18. Department of finance. The department of fi nance shall be under the control and supervision of the director of

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finance, who shall be appointed as provided in Section 14 of this Act. The department of finance shall, pursuant to the resolutions adopted by the commission and instructions given by the county executive, perform the following functions:

(1) Keep and maintain accurate records reflecting the financial affairs of the county.

(2) Compile the annual budget covering all county funds.

(3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.

(4) Maintain current control accounts over the collection and deposit of monies due the county from taxes and other sources.

(5) Examine all claims against the county and make recom mendation as to payment.
(6) Maintain budgetary control accounts showing encum brances, for obligations entered into, liquidation of such encum brances, unencumbered balances of allotments, unexpended balances of allotments, and unallotted balances of appropriations.

(7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds.

(8) Prepare and issue quarterly financial reports of the op erations of all county funds.
(9) Maintain property control records of all county property, including equipment and stores, and supervise stores.
(10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of fi nancing those requirements and advise the county executive and commission on financial matters.
(11) Perform such other duties as may be assigned by the county executive or the commission."
Section 21. Said Act is further amended by striking Section 19 in its entirety and substituting in lieu thereof a new Section 19, to read as follows:

"Section 19. Records; minutes. The director of finance shall
be ex officio clerk of the commission, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the commission, in chronological order. A similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the county executive shall be kept

WEDNESDAY, MARCH 3, 1976

2279

also by the county executive or his designee. The minute books of the county executive and commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished to any person re questing same upon payment of a reasonable fee, to be paid into the county treasury as other funds, in an amount sufficient to defray the cost of preparing same."

Section 22. Said Act is further amended by striking Section 20 in its entirety and substituting in lieu thereof a new Section 20, to read as follows:

"Section 20. Budget and Appropriations. The county executive shall submit to the commission not later than November 1 of each year a proposed budget governing the expenditures of all county funds, including capital outlay and public works projects, for the following calendar year. The proposed budget submitted to the commission shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget.

The county executive shall, upon delivery of the proposed budget, cause to be published in the official organ of DeKalb County a copy of the proposed budget along with a notice to the public that a public hearing on the proposed budget shall be held at a time and place certain, which time shall be not less than ten days of the publication. At this public hearing the commission shall review the proposed budget. They may adopt the budget as pre sented by the county executive or they may make such amendments thereto as they deem necessary to maintain the county in a sound financial condition. Upon final approval by the commission, the budget shall be submitted to the county executive for his approval or veto. Nothing herein shall prevent the commission from continu ing the hearing on the proposed budget from time to time provided the time and place to which the hearing is continued shall be publicly announced at the previous hearing. However, the final budget shall be approved and adopted before January 1 of the year to which it pertains. The final budget shall constitute the com mission's appropriations of all funds for such year, but it may be amended or revised during the year upon formal action of the commission in a regular meeting, subject to approval by the county executive, but no increase in appropriations shall be made therein without provision also being made for financing same.

A copy of the final budget adopted and each subsequent amend ment thereto or revision thereof shall be transmitted by the county executive to the grand jury of DeKalb Superior Court then in ses sion within ten days of its adoption."

Section 23. Said Act is further amended by striking Section 21 in its entirety and substituting in lieu thereof a new Section 21, to read as follows:

"Section 21. Expenditures by allotments. No expenditure of

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county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by commission and approved by the county executive or adopted by the commission over the veto of the county executive. The county executive shall enforce compliance with this provision by all departments of county govern ment, including those for elected offices, and to this end shall, through the director and department of finance, institute a system of quarterly allotments of all monies appropriated and budgeted."

Section 24. Said Act is further amended by striking Section 22 in its entirety and substituting in lieu thereof a new Section 22, to read as follows:

"Section 22. Audits. The commission shall on or before April 1 of each year employ a certified public accountant for the making of an annual continuous general audit of all county finances and financial records for the current fiscal year. The accountant shall be employed on a written contract to be entered upon the minutes of the board of commissioners which contract shall state clearly and concisely the depth and scope of the audit and that it shall be conducted as required by the 1968 Georgia Laws pages 464, 465. The accountant shall immediately inform the commission in writing of any irregularities found by him in the management of county finances by any officer or department of the county.

The accountant shall complete his audit within 90 days after December 31 of each year and within ten days of its completion shall deliver copies to the county executive, to each of the com missioners and to the grand jury of DeKalb Superior Court then in session.
The director of finance shall certify to the county executive and board of commissioners on March 31, June 30, September 30 and December 31 of each year a statement of county finances, which statement shall reflect the overall county financial position by individual funds as well as a comparison of cash revenue col lections by source with the budget estimates of cash revenues by source and also a comparison of departmental expenditures with budget appropriations. The county executive shall cause the June 30 and December 31 statements to be published in the county organ one time and a copy posted on the courthouse bulletin board within thirty days of each date."

Section 25. Said Act is further amended by striking Section 23 in its entirety and substituting in lieu thereof a new Section 23, to read as follows:

"Section 23. Agreement of candidates. It shall be unlawful for any candidate, either for the office of county executive or member of the commission, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the county executive or commission, and any person so offending shall be guilty of a misdemeanor, and

WEDNESDAY, MARCH 3, 1976

2281

on conviction shall be punished as prescribed in the Code of Geor gia."

Section 26. Said Act is further amended by striking Section 24, in its entirety and substituting in lieu thereof a new Section 24, to read as follows:

"Section 24. Officials not to be interested in contracts. Neither the county executive nor any member of the commission or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or in directly, in any contract to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933. Provided, however, that the provisions of this Section shall not be applicable to any contract which has been approved, prior to execution, performance and payment thereon, by a majority of the commission by a proper entry on the minutes of the commission."

Section 27. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

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

On the passage of the bill, the yeas were 45, nays 0.

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

HB 2060. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide a new charter for the City of Valdosta and to repeal existing charters; to define the limits of the City; to provide defini tions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor and council.
Senator Turner of the 8th offered the following amendment:

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Amend HB 2060 by striking from Section 7.31, the following language on lines 7 through 15 on Page 49:

"the whole or any part of ing and other proceedings as in cases of tax sales, same shall be sold at public outcry to the highest bidder, and such sale shall pass absolute title to the purchaser, and the City marshal shall have the right to eject occupants and put the purchasers into possession; provided, that the defendant named in the execution shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, and stating what amount, if any, he or she admits to be due,",

and inserting in lieu thereof the following:

"the whole or any part of the amount for which the execution issued is due, and stating what amount, if any, he or she admits to be due,".

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 yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 2065. 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 commissioner; to provide an effective date.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 2065 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 on January 1, 1977."
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

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2283

The 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 45, nays 0.

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

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 2074 by striking from line 19 of Page 1, from line 21 of Page 1 and from line 22 of Page 1, the following:
"75%",
and inserting in lieu thereof the following: "80%".
By striking from line 3 of Page 2 the following: "90%",
and inserting in lieu thereof the following: "100%".

By striking from line 5 of Page 2 the following: "25%",

and inserting in lieu thereof the following: "22%".

By striking from line 7 of Page 2 the following: "72%",

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and inserting in lieu thereof the following: "90%".

By adding between lines 7 and 8 of Page 2 the following:

"(5) Juvenile Court Judge.--- .....90%".

By renumbering Section 5 as Section 6.

By adding, following Section 4, a new Section 5, to read as follows:

"Section 5. This Act shall become effective on January 1, 1977.".

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.

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 Holloway, the President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter 'Coverdell Doss Duncan Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Hudgins Hudson Kennedy Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley

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

Those not answering were Senators:

Bell Brantley Dean of 6th Dean of 31st Eldridge Holley

Holloway (presiding) Howard Kidd (excused conferee)

McDuffie (excused conferee)
Russell (excused conferee) Timmons Traylor

WEDNESDAY, MARCH 3, 1976

2285

Senator Barker of the 18th introduced the chaplain of the day, Rev. Elick S. Bullington, pastor of the First Methodist Church, Perry, Georgia, who offered scripture reading and prayer.

The following resolution of the House, favorably reported by the committee, was adopted:

HR 769. By Representatives Murphy of the 18th, Connell of the 87th, Wood of the 9th and others:
A resolution urging the Georgia delegation to the United States Congress to assist in the efforts to obtain direct European flight service for Atlanta.

SENATE RULES CALENDAR Wednesday, March 3, 1976

SB 670. Door-to-Door Sales--in compliance with Federal Trade Com mission

SB 707. Fair Mkt. Value--assess prop, according to use as of 1/1 of tax yr.

SR 380. Alternative to Nursing Home Care for Medicaid--endorse HEW attempt

HB 293. Peace Officers' Annuity & Benefit Fund--disability benefits

HB 533. Income Tax--definition of "exempt organization" (AM)

HB 541. Disclosure of Fees--by governmental agency

HB 583. Superior Court Clerks--invest certain funds deposited in registry

HB 718. Nutritional Eval. of Public School Students--rules & regulations (AM)

HB 1033. County Appraisers--salary supplements those qualified

HB 1103. Insurance--apportionment of casualty insurance

HB 1277. Armed Robbery Offense--redefine and change penalty

HB 1278. Practice of Dentistry--change laws relating to

HB 1310. Street Annexation--no signature of owners (SUB)

HB 1353. HB 1366. HB 1428. HB 1465.
HB 1466.
HB 1467.

Cities, Counties--local option sales tax levy
Area Trade Schools--sick leave for teachers
Tax Due Notices--include certain notices
Planning Programming Bureau--delete authorities for plan, activities
Commerce Dept. Bur. of Community Affairs--reversal of denial by OPB
Office of Housing Section--create within Bur. of Community Affairs

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HB 1468. Bldg. Adm. Bd.--substitution of ex officio member HB 1469. Plan. & Com. Aff. Policy Bd.--delete certain responsibilities HB 1478. Marriage and Family Counseling--regulate HB 1542. Bureau of SP&CA--housing function transf. from Human Res.
Board HB 1560. Medical Practitioners--clinical clerkships certain persons HB 1561. Change in Birth Certificate--obtaining order from probate court HB 1639. Employee Under 18--not serve alcoholic beverages HB 1672. Fees and Taxes--certain information confidential HB 1706. Distilled Spirit Rev. Stamp--substitute reporting sys. for tax
(SUB) HB 1707. Distilled Spirits--metric Standards of measurement HB 1765. Mot. Veh. Liability Ins. Policies--include certain provisions HB 1821. Georgia Fire Academy--create HB 1847. Gambling Offense--exceptions on printed mat. shipped outside
State HB 1848. Wildlife Ranger--circumstances for retaining weapon and badge
(SUB) HB 1898. Public Safety Department--appoint chaplains (AM) HB 1921. Expense of Elec. Determining Local Tax on Schools--repeal Code HB 1927. Telecommunication Service--unlawful to avoid payment HB 1931. Augusta Protestant Episcopal Society--amend Act incorporating HB 1954. Corporations--amend Code Title 22 (AM) HR 196. Death Sentence Commuted to Life--no pardon HR 398. City-County Tax--exempt personal tangible property in transit HR 495. Douglas County Real Property--conveyance HR 662. Oconee County--conveyance of certain State-owned property HR 807. Macon County--conveyance of certain State-owned real property HR 809. Board of Regents--conveyance of certain State Property
Respectfully Submitted, /s/ Steve Reynolds
Reynolds of the 48th, Acting Chairman Senate Rules Committee

Senator Pearce of the 16th moved that the following bill of the Senate be committed to the Committee on Consumer Affairs:

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2287

SB 670. By Senator Pearce of the 16th:
A bill to provide that all door-to-door sales in Georgia shall be made in compliance with Federal Trade Commission trade regulations; to provide for a definition of "door-to-door sales"; to provide for penalties.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 670 was committed to the Committee on Consumer Affairs.

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:

SR 380. By Senators Starr of the 44th and Langford of the 51st:
A resolution endorsing the State of Georgia's attempt to seek authority from the U. S. Department of Health, Education and Welfare to test alternatives to nursing home care for medicaid-eligible aged Georgians who do not require institutional care arrangements.

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

On the adoption of the resolution, a roll call was taken, 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 Doss
Eldridge Fincher
Foster

Garrard Hamilton of 26th Hamilton of 34th Howard Hudgins
Kennedy Kidd
Langford Lester McDowell
McGill Overby
Pearce

Those not voting were Senators:

Barker Bond Broun of 46th Dean of 31st Duncan Gillis

Hill Holley Holloway (presiding) Hudson Lewis McDuffie

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

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JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 293. By Representatives Howard of the 19th and Edward of the 20th:
Senate Sponsor: Senator Holley of the 22nd.
A bill to amend an Act creating the Peace Officers Annuity and Benefit Fund so as to change certain provisions relating to disability benefits; to provide a procedure for determining eligibility for disability benefits.

The following fiscal note, as required by law, was read by the Secretary:

February 24, 1976
Mr. Flynt Langford Secetary-Treasurer Peace Officers' Annuity and
Benefit Fund of Georgia 405 North Expressway Griffin, Georgia 30228
Dear Flynt:

RE: HOUSE BILL NO. 293 PROPOSED INCREASED DISABILITY BENEFIT FOR POAB

We have estimated the cost of increasing disability benefits from $100 to $125 a month for the Peace Officers' Annuity Benefit Fund participants. This increase will apply to both the current active par ticipants who may become disabled and persons who are currently receiving disability payments. As of January 1, 1976 the total pension accrual cost would increase an estimated $20,500--$22,500, or about a
1% increase.

If you need further information, please call.

Sincerely,
/s/ Catherine L. Brown Actuarial Assistant

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

On the passage of the bill, a roll call was taken, 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

WEDNESDAY, MARCH 3, 1976

2289

Dean of 6th Doss Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th Howard Hudgins 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

Those not voting were Senators :

Barker Bond
Dean of 31st Duncan Garrard

Gillis Hill Holley Holloway (presiding) Hudson

McDuffie Russell Young

On the passage of the bill, the yeas were 43, nays 0.

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

HB 583. By Representative Ham of the 80th:
Senate Sponsor: Senator Garrard of the 37th.
A bill to amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court so as to authorize superior court clerks in all counties to invest certain funds deposited in the registry 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, a roll call was taken, 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 Hamilton of 26th Hamilton of 34th Howard Hudgins

Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

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JOURNAL OF THE SENATE,

Riley Robinson Shapard Starr Stumbaugh

Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Dean of 6th Duncan Gillis

Hill Holley Holloway (presiding) Hudson

McDuffie Russell Stephens Young

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1033. By Representative Lambert of the 112th:
Senate Sponsor: Senator Broun of the 46th.
A bill to amend an Act approved Apr. 6, 1972 relating to statewide system of gathering information for uniform property taxation and the employment of county staff appraisers thereunder so as to provide State salary supplements for those county appraisers who meet certain additional professional qualifications.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Foster

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

Pearce Reynolds Riley Robinson Shapard Starr Summers Sutton Tate Timmons Traylor Turner Tysinger Warren

WEDNESDAY, MARCH 3, 1976

2291

Those not voting were Senators:

Bond Dean of 6th Fincher Garrard

Holloway (presiding) Hudson McDuffie Russell

Stephens Stumbaugh Thompson Young

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1103. By Representative Ware of the 68th:
Senate Sponsor: 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 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.

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

On the passage of the bill, a roll call was taken, 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 Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell 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:

Dean of 6th Fincher

Holloway (presiding) McDuffie

Stephens

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 51, 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 placed at the top of the Rules Calendar:

SB 707. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year; to provide an effective date.

On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 707 was placed at the top of the Rules Calendar.

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

SB 707. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year; 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, a roll call was taken, 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 Hill Holley Howard Hudgins Hudson

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

WEDNESDAY, MARCH 3, 1976

2293

Russell
Shapard Starr Stumbaugh Summers

Sutton
Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Those not voting were Senators:

Bond

Holloway (presiding)

Stephens

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

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

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

SB 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.
The Conference Committee Report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on SB 304 has met and submits the following recommendation:
That the Senate and House recede from their respective positions and that the attached substitute to SB 304 be adopted.

FOR THE SENATE
/s/ Joe Thompson Senator, 32nd District
/s/ Jimmy Lester Senator, 23rd District
/s/ Nathan Dean Senator, 31st District

Respectfully submitted,
FOR THE HOUSE
is/ Billy L. Evans Representative, 99th District
/s/ Chappelle Matthews Representative, 63rd District
/s/ Tom Triplett Representative, 128th District

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JOURNAL OF THE SENATE,

The Conference Committee substitute was as follows:

A BILL
To be entitled an Act 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; to provide for mandatory sentences; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 26-1902, relating to armed robbery, as amended, is hereby amended by striking said Code Section, which reads as follows:

"26-1902. Armed Robbery. A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser in cluded offense in the offense of armed robbery. A person convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than one nor more than twenty (20) years.",

in its entirety and inserting in lieu thereof a new Code Section 26-1902 to read as follows:

"26-1902. Armed Robbery, (a) A person commits armed rob bery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person convicted of armed robbery shall be punished by death or imprison ment for life, or by imprisonment for not less than five (5) nor more than twenty (20) years; provided, however, that for a second or subsequent such offense, such defendant shall be punished by imprisonment for not less than ten (10) years. The preceding pro visions of this Section notwithstanding, in any case in which the defendant committed armed robbery and in the course of the com mission of such offense intentionally, with an offensive weapon, inflicted serious bodily injury on a person, such fact shall be charged in the indictment or information, and if found to be true by the court or if admitted by the defendant, the defendant shall be be punished by imprisonment for not less than ten (10) years.

(b) Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred or withheld for any offense punish able under subsection (a) of this Section."

Section 2. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti-

WEDNESDAY, MARCH 3, 1976

2295

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

Senator Thompson of the 32nd moved that the Senate adopt the Conference Committee Report on SB 304.

On the adoption of the Conference Committee Report, Senator Holloway of the 12th, President Pro Tempore, 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 Cover dell 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 Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Holley

Holloway (presiding)

Stumbaugh

On the adoption of the Conference Committee Report, the yeas were 52, nays 0, and the Conference Committee Report on SB 304 was adopted.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

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JOURNAL OP THE SENATE,

SB 452. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Re tirement Fund of Georgia.

The House substitute to SB 452 was as follows:

A BILL

To be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act ap proved March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1183), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1188) , so as to change the amount of each fine or forfeited bond to be paid into the fund; to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1183), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1188), is hereby amended by striking from Section 8 the following:

and inserting in lieu thereof the following:

so that when so amended Section 8 shall read as follows:
"Section 8. In all criminal and quasi-criminal cases for vio lating State statutes tried in any court in Georgia of which the clerk of the superior court is clerk, wherein a fine is collected in an amount of $5.00 or more, or wherein a bond is forfeited in said amount, the sum of $1.75 for each such case each year shall

WEDNESDAY, MARCH 3, 1976

2297

be paid to the board quarterly, or at such time as the board may provide, by the collecting authority. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board, and such records may be audited by the board at any time. The sums remitted to the board under this Section shall be used for the purposes provided for in this Act. Provided, however, in all counties having a population of more than 500,000 according to the United States Decennial Census of 1960 or any future such census, where the compensation of the clerk is on a salary basis, the pro visions of this Section shall not apply.

When any person or authority, whose duty -it is to collect and remit monies to the fund under this Section shall fail to remit such monies within 60 days of the date they are required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of five percent (5%) of said principal amount per month for each month during which the funds continue to be delinquent, not to exceed twenty-five percent (25%). There shall be added to the principal amount of funds which are delinquent, interest at the rate of six percent (6%) per annum from the date said funds became delinquent until the same are paid. After April 1, 1966, all funds which have not been paid into the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this Section."

Section 2. Said Act is further amended by striking the symbols and figure "$250.00" in subsection (a) of Section 9 and inserting in lieu thereof the symbols and figure "$300.00", so that, when so amended, subsection (a) of Section 9 shall read as follows:

"(a) In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court, immediately preceding retirement. Subject to the restrictions set out herein, a clerk, in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of service as a member of the armed forces of the United States served on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior court hereunder if such service has or will be used in the determination of any clerk's or deputy clerk's eligibility for retire ment benefits or allowances from any other State or Federal retire ment program, excluding social security. No person shall be eligible for the retirement benefits provided herein unless he has paid into the fund the amount provided for in this Act for the four years' service immediately preceding his retirement. Any clerk who is approved for the purpose of receiving retirement benefits shall be

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JOURNAL OF THE SENATE,

paid a monthly amount equal to two-thirds of his salary based upon his last four years of service as clerk immediately preceding his re tirement, or the sum of $300.00 per month, whichever is the smaller sum. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the board as provided for in this Act. No person shall be eligible for benefits provided herein until his official duties shall have terminated, and unless he shall file application for benefits within ninety days, or as soon thereafter as possible from the time of the termination of his official duties."

Section 3. Said Act is further amended by striking the symbols and figure "$240.00" in Section 9B and inserting in lieu thereof the symbols and figure "$300.00", so that, when so amended, Section 9B shall read as follows:

"Section 9B. Notwithstanding any other provisions of this Act to the contrary, a clerk may retire after completing 16 years of creditable service as provided for above, provided he or she shall become totally and permanently disabled, after having commenced their service as a clerk, and shall be entitled to receive retirement benefits in the amount of 2/3 of his average monthly income for the last 4 years of service as a clerk, or $300.00 per month, which ever is the smaller sum. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the Board of Commisisoners."
Section 4. Said Act is further amended by striking the symbols and figure "$192.00" in Section 10A and inserting in lieu thereof the symbols and figure "$240.00", so that, when so amended, Section 10A shall read as follows:
"Section 10A. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for herein after if he has served sixteen years, at least eight years of which has been served continuously as clerk immediately preceding re tirement. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is ap proved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to 53-1/3% of his salary based upon his last four years of service as clerk immediately preceding his retirement or the sum of $240.00 per month, whichever is the smaller sum."

Section 5. Said Act is further amended by striking the symbols and figure "$144.00" in Section 10B and inserting in lieu thereof the symbols and figure "$180.00", so that, when so amended, Section 10B shall read as follows:

"Section 10B. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for herein after if he has served twelve years, at least eight years of which have been served as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service

WEDNESDAY, MARCH 3, 1976

2299

shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to 40% of his salary based upon his last four years' or service as a clerk immediately preceding his retirement, or the sum of $180.00 per month, whichever is the smaller sum. Benefits will not begin until the clerk has reached at least 55 years of age."

Section 6. Said Act is further amended by striking, in its entirety, Section 10C, which reads as follows:

"Section 10C. Any other provisions of this Act to the contrary notwithstanding, from and after the effective date of this section, all clerks of the superior courts of Georgia who retire in the future pursuant to the provisions of the Superior Court Clerks' Retire ment Fund of Georgia, for whatever reason, shall be entitled to an increase in retirement benefits of twenty per cent (20%) above that amount currently provided by existing law. All clerks of the superior courts of Georgia who are already retired pursuant to the provisions of the Superior Court Clerks' Retirement Fund of Geor gia, or who have ceased their service as a clerk and are waiting to attain retirement age, shall be entitled to an increase in retirement benefits of twenty per cent (20%) above the amount to which they were entitled upon their retirement or cessation of service as a clerk. This twenty per cent (20%) increase shall also be used in the computation of any retirement benefits allowed a widow or widower of a deceased clerk pursuant to the terms of the Act.",
and inserting in lieu thereof a new Section 10C, to read as follows:
"Section 10C. Any other provisions of this Act to the contrary notwithstanding, from and after the effective date of this Section, all clerks of the superior courts of Georgia who are already retired pursuant to the provisions of the Superior Court Clerks' Retirement Funds of Georgia, or who have ceased their service as a clerk and are waiting to attain retirement age, shall be entitled to an increase in retirement benefits of twenty-five percent (25%) above the amount to which they were entitled prior to the original enactment of Section 10C."
Section 7. Said Act is further amended by adding a new Section following Section 10C, to be known as Section 10D, to read as follows:

"Section 10D. The increases in retirement benefits provided by this Act shall also be used in the computation of any retirement benefits allowed a widow or widower of a deceased clerk pursuant
to the terms of the Act."

Section 8. Said Act is further amended by adding a new Section following Section 10D, to be known as Section 10E, to read as follows:
"Section 10E. Any other provisions of this Act to the contrary

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JOURNAL OF THE SENATE,

notwithstanding, from and after the effective date of this section, all clerks of the superior courts of Georgia who retire in the future pursuant to the provisions of the Superior Court Clerks' Retirement Fund of Georgia, for whatever reason, with between twelve (12) and sixteen (16) years of service, or with between sixteen (16) and twenty (20) years of service, shall be entitled to an incremental retirement benefit based on the ratio that the number of total years
served bears to the last attained plateau of retirement benefits service under either section 10A or section 10B of this Act, whichever is applicable. For example, the following table is illustrative of the additional benefits computation under this section:

A Clerk Retiring With: 13 years of service 14 years of service 15 years of service 17 years of service 18 years of service 19 years ofservice

Shall Receive 13/12ths of he benefits provided in section 10B of this Act
14/12ths of the benefits provided in section 10B of this Act
15/12ths of the benefits provided in section 10B of this Act
17/16ths of the benefits provided in section IDA of this Act
18/16ths of the benefits provided in section 10A of this Act
19/16ths of the benefits provided in section 10A of this Act

Clerks who are eligible to retire after having served twenty (20) years, but do not retire and continue to serve as clerks, are eligible for the additional benefits already provided by section 9(b) of this Act."

Section 9. Said Act is further amended by adding a new Section following Section 10E, to be known as Section 10F, to read as follows:

"Section 10F. Any other provision of this Act to the contrary notwithstanding, each member who retired prior to April 1, 1976', and each spouse of a deceased member who retired prior to April 1, 1976, shall receive benefits under this Act in the same amount as a member having the same number of years of service would receive if such member retires on April 1, 1976. The provisions of this Section shall not reduce the amount of any benefits which a re tired member or the spouse of a deceased member is receiving on March 31, 1976. The increased benefits provided by this Section shall be paid to retired members and spouses of deceased members effective on April 1, 1976."

WEDNESDAY, MARCH 3, 1976

2301

Section 10. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 11. This Act shall become effective on April 1, 1976.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate agree to the House sub stitute to SB 452.

On the motion, Senator Holloway of the 12th, President Pro Tempore, 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 Fincher Foster

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

Those not voting were Senators:

Brantley Dean of 6th Holley

Holloway (presiding) Hudgins Hudson

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

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 452.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

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JOURNAL OF THE SENATE,

SB 617. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the ap pointment and terms of office of certain city officials.

The Conference Committee Report was as follows:

The Conference Committee on SB 617 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 617 be adopted.

Respectfully submitted,

FOR THE HOUSE
/s/ Wilbur E. Baugh Representative, 108th District
/s/ Bobby E. Parham Representative, 109th District
/s/ Bobby Sigman Representative, 74th District

FOR THE SENATE
/s/ Culver Kidd Senator, 25th District
/s/ Pete McDuffie Senator, 19th District
/s/ Henry P. Russell, Jr. Senator, 10th District

Conference Committee Substitute to SB 617:

A BILL

To be entitled an Act to amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials; to pro vide for budgets; to provide for vetoes; to provide for requirements for certain expenditures and purchases; to define a certain term; to provide for other matters relative to the foregoing; to provide an effective date;
to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, is hereby amended by adding, following Section 21, a new Section to be designated as Section 21 A, to read as follows:

"Section 21A. Any other provision of this charter to the con trary notwithstanding, the mayor of the City of Milledgeville shall have the following powers:

(a) To appoint the members of all committees established by the mayor and aldermen;

WEDNESDAY, MARCH 3, 1976

2303

(b) To nominate the following officers and officials of the City of Milledgeville, who shall serve for a term of office of one year each following their confirmation by a vote of four aldermen:

(1) clerk and treasurer;

(2) chief of police;

(3) chief of the fire department;

(4) all city department heads;

(5) city recorder; and

(6) city attorney.

(c) To veto, in writing, within seven calendar days any ordi nance, rule or regulation adopted by the city council; provided, how ever, that such veto may be overridden by a vote of four of the members of the city council.

(d) To appoint the mayor pro tern, without the necessity of confirmation by the aldermen.

(e) With the advice and approval of the council, to prepare a budget for the operation of the city for the ensuing year, provided that such budget shall be prepared by the mayor within 30 days of the date he takes office and within 30 days of the anniversary of such date during each year thereafter. The budget shall separate
ly state the amount budgeted for operating expenses, by category, and for capital expenditures. Such amounts shall be so stated for each category and shall also be stated separately for each depart ment of city government. The mayor shall have the right to veto the amount budgeted in any category for any department. The city council may override any such veto by a vote of four of the members of the city council."

Section 2. Said Act is further amended by adding, following Section 21 A, a new Section 21B, to read as follows:

"Section 21B. It shall be the duty of the mayor and aldermen to obtain competitive bids for the purchase of any real or personal property with a fair market value of more than $1,500.00, except in cases in which an emergency exists or other circumstances re quire that an immediate purchase be made and such facts are so stated in a resolution adopted by the mayor and aldermen autho rizing such purchase. It shall be the duty of the mayor and aldermen to advertise such purchases to be made in excess of $1,500.00, stating in such advertisement a general description of the property to be purchased, the date, time and location for the opening of bids and
the location and times at which additional bid specifications, property specifications and bids blanks may be obtained."

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JOURNAL OF THE SENATE,

Section 3. Said Act is further amended by adding following Section 21B a new Section 21C to read as follows:

"Section 21C. The 'city council' shall be defined in this Act as the six elected board of aldermen."

Section 4. This Act shall become effective on April 15, 1976, or upon its approval by the Governor.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Com mittee Report on SB 617.

On the adoption of the Conference Committee Report, the yeas were 30, nays 0, and the Conference Committee Report was adopted.

Senator Broun of the 46th moved that the following bill of the House be postponed until 3:00 o'clock P. M. today:

HB 1277. By Representatives Matthews of the 63rd, Logan of the 62nd, Evans of the 99th and others:
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.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1277 was postponed until 3:00 o'clock P.M. today.
The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1278. By Representative Linder of the 44th: Senate Sponsor: Senator Garrard of the 37th: A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to revise, codify, consolidate, modernize and supersede the laws of this State relating to the practice of dentistry, to dentists, to dental hygienists, to dental assistants and others; to provide for definitions.
Senator McDowell of the 2nd offered the following amendment:
Amended HB 1278 by deleting the following on Page 1, lines 17 and 18,
"to provide for rules and regulations";

WEDNESDAY, MARCH 3, 1976

2305

Page 3, line 8,

"rules and regulations";

Page 5, lines 12 through 15

"The Georgia Board of Dentistry shall be a budget unit as defined in Code Chapter 40-4 known as the 'Budget Act', as the same may now or hereafter be amended."

Page 6, lines 3 through 15, Section 84-702.1 in its entirety

Page 7, line 24, delete word "direct" and add "have"

Page 24, lines 15 through 18

"The rules and regulations of the Board of Dental Examiners of Georgia shall be the rules and regulations of the Georgia Board of Dentistry until repealed, altered or modified."

Add "are hereby repealed."

On the adoption of the amendment, the yeas was 3, nays 33, and the amendment was lost.

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

On the passage of the bill, a roll call was taken, 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 Howard Hudgins Kennedy Kidd Langford
Lester Lewis McGill Overby Pearce Reynolds

Voting in the negative was Senator McDowell.

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

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th Hill Holley

Holloway (presiding) Hudson

McDuffie Tysinger

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1310. By Representatives Murphy of the 18th, Wilson and Howard of the 19th and others:
Senate Sponsor: Senator Thompson of the 32nd.
A bill to amend an Act providing an alternate method of annexing ter ritory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected areas.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1310:
A BILL
To be entitled an Act to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. Laws 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. Laws 1969, p. 504), and to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 399), so as to amend those provisions defining "contiguous area" so that in determining if an area is contiguous to the municipal boundary, which area is separated by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, only the definite width of said street or street right-ofway or creek or river or right-of-way of a railroad or other public service corporation may be used to determine if said area is contiguous; to change the provisions relating to annexation of property owned by municipalities; to provide that certain property shall have its area included in determining the aggregate external boundary of an area to be annexed; 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 an alternate method of annexing territory to the municipalities of this State by action of the municipal

WEDNESDAY, MARCH 3, 1976

2307

governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. Laws 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. Laws 1969, p. 504), is hereby amended by striking in its entirety Section 2 of said Act and substituting the following:
"Section 2. 'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political sub division, or lands owned by the State of Georgia, or by the definite width of: (a) any street or street right-of-way; (b) any creek or river; (c) or any right-of-way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed; provided, however, if the entire area to be annexed is, at the time annexation procedures are initiated, owned by the municipal governing authority to which the area is to be annexed, and said annexation of municipally owned property is approved by resolution of the governing authority of the county wherein said property is located, then 'continguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political subdivision, or lands owned by the State of Georgia, or by the definite width or by the length of: (a) any street or street right-of-way; (b) any creek or river; (c) or any right-of-way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed."
Section 2. An Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 399), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a)'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly the municipal boundary on at least one-eighth of the area's aggregate external boundary. Any area shall also be a 'continguous area' if at least one-eighth of the aggregate external boundary of the area proposed to be annexed would directly abut the municipal boundary if not otherwise separated, in full or in part, from the municipal boundary by lands owned by the city, or lands owned by a county, or lands owned by the State of Georgia or by the definite width of: (1) any street or street right-of-way; (2) any creek or river; (3) or any right-of-way of a railroad or other public service corporation: Provided, however, there shall be no annexation across the boundary lines of any county under the provisions of this law.
(b) For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation procedures are initiated,

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JOURNAL OF THE SENATE,

(1) is owned by the same person who owns real property in the area to be annexed, and

(2) adjoins to any extent said owner's real property in the area to be annexed, and

(3) is in the same county as the real property in the area to be annexed, and

(4) is not included within the boundaries of any incorporated municipality,
shall have its area included in determining the aggregate external boundary of the area to be annexed."
Section 3. This Act shall become effective on January 1, 1977.
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 substitute was adopted.
The report of the committee, which favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Fincher
Foster

Gillis Hamilton of 26t*h Hamilton of 34th Howard Hudgins Kennedy Kidd Langford Lester Lewis McGill Overby Pearce Reynolds Riley Robinson

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

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Dean of 6th Garrard Hill

Holley Holloway (presiding) Hudson

McDowell McDuffie Summers

WEDNESDAY, MARCH 3, 1976

2309

On the passage of the bill, the yeas were 46, nays 1.

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

The President assumed the Chair.

HB 1353. By Representatives Lambert of the 112th, Carlisle of the 71st and Knight of the 67th:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act authorizing counties and certain municipalities to levy a local sales tax under certain conditions, approved April 24, 1975 (Ga. Laws 1975, p. 984; Act No. 593); 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, a roll call was taken, 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 Duncan Fincher Foster

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

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger

Those voting in the negative were Senators:

Dean of 6th Eldridge

Traylor Warren

Those not voting were Senators :

Dean of 31st Garrard Hudson

McDuffie Summers Thompson

Young

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

The bill, having received the requisite constitutional majority, was

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JOURNAL OP THE SENATE,

HB 1366. By Representatives White of the 132nd, Phillips of the 120th, Adams of the 14th and others:
Senate Sponsor: Senator Tate of the 38th.
A bill to amend an Act authorizing and empowering the State Board of Education on behalf of the State of Georgia to set up, locate, main tain and operate area trade, vocational and industrial schools, so as to provide for sick leave for teachers, supervisors, directors and other employees of area trade schools.

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

On the passage of the bill, a roll call was taken, 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
Doss
Eldridge
Foster
Gillis

Hamilton of 26th Hill Holley 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:

Ballard Dean of 31st Duncan Fincher

Garrard Hamilton of 34th Holloway 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.

HB 1465. By Representative Adams of the 36th:
Senator Sponsor: Senator Garrard of the 37th.
A bill to amend an Act creating the State Planning Programming Bureau so as to delete authority for planning activities of local governments.

WEDNESDAY, MARCH 3, 1976

2311

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

On the passage of the bill, a roll call was taken, 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

Pincher Poster Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kennedy Kidd
Langford
Lester
Lewis
McDowell
McDuffie

Those not voting were Senators:

Ballard Garrard Holley Holloway

Hudgins Overby Russell Starr

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

On the passage of the bill, the yeas were 44, nays 0.

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

Senator Coverdell of the 40th introduced the doctor of the day, Dr. Judson Hawk, Jr., of Atlanta, Georgia.

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

HB 1466. By Representative Adams of the 36th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act creating the Department of Commerce, so as to provide that the Bureau of Community Affairs has authority to recom mend reversal of denials by the Office of Planning and Budget in re gard to application by cities, counties, and area planning and develop ment commissions for federal funds.

2312

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, a roll call was taken, 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 Hill Holley Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie

Those not voting were Senators:

Dean of 31st Hamilton of 26th Holloway Howard Hudgins

Overby Pearce Robinson Russell Summers

McGill Reynolds Riley Shapard Starr Stephens Stumbaugh Sutton Tate Turner Tysinger Warren Young
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.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees' Retirement System approved Feb. 3, 1949, so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.

Senator Lester of the 23rd moved that the Senate adhere to its substitute to HB 1378 and that a Conference Committee be appointed.

WEDNESDAY, MARCH 3, 1976

2313

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1378.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Lester of the 23rd, Thompson of the 32nd and Hamilton of the 34th.

The following resolution of the House was taken up for the purpose of con sidering House action thereto:

HR 525. By Representative Kilgore of the 65th: A resolution compensating Mr. and Mrs. S. M. Lynch.

Senator Broun of the 46th moved that the Senate recede from its amendment to HR 525.

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 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 34th Hill Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

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

Those not voting were Senators :

Duncan Fincher Hamilton of 26th

Holloway Hudgins Hudson

Pearce Russell Stumbaugh

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from its amendment to HR 525.

2314

JOURNAL OF THE SENATE,

The following resolution of the House was taken up for the purpose of considering House action thereto:

HE 518. By Representative Logan of the 62nd: A resolution compensating Dr. Richard E. Wooley.

Senator Broun of the 46th moved that the Senate recede from its amendment to HR 518.

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 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 Hill Holley Howard 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 not voting were Senators:

Duncan Gillis Holloway

Hudgins Russell Tate

Young

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from its amendment to HR 518.

The following bill of the Senate was taken up for the purpose of considering the House action, thereto:

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 and 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.

WEDNESDAY, MARCH 3, 1976

2315

Senator Fincher of the 54th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 162.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Brown of the 47th and Bond of the 39th.

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 Senate:

SB 617. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appoint ment and terms of office of certain city officials.

The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1481. By Representative Greer of the 43rd:
A bill to amend the Act approved March 31, 1972 relating to the pro tection of pension rights of employees of certain counties and cities; providing that when an employee shall change his employment, he shall receive credit for pension purposes for all years of service which may have accrued to him while in the service of his former employer.

HB 2080. By Representative Gignilliat of the 122nd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, to extend the corporate limits of the City of Savannah.

SB 553. By Senator Hudson of the 35th:
A bill to repeal an Act authorizing and directing the governing au thorities of all municipalities with populations of 400,000 or more, according to the 1960 or any future Federal Decennial Census, to

2316

JOURNAL OF THE SENATE,

impose a license fee, not to exceed $100.00 per annum, upon each person who practices astrology for a fee.

SB 689. By Senator Reynolds of the 48th:
A bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to provide for the use of jurors from a jury pool selected either by the judges of the Superior Court of the Gwinnett Judicial Circuit or the judges of the State Court of Gwinnett County.

SB 692. By Senator Sutton of the 9th:
A bill to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March.

HB 1318. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to create Judicial Administration Districts and the boundaries thereof; to provide for Judicial Administration District Councils; to provide for Administrative Assistants.

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

HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th: A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting member of the board of tax assessors in all counties.
The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1467. By Representative Adams of the 36th: Senate Sponsor: Senator Garrard of the 37th. A bill to create within the Bureau of Community Affairs a State Office of Housing Section; to provide for the appointment of the Director of said Section; to provide for the duties and functions of said Section.
Senator Sutton of the 9th offered the following amendment:
Amend HB 1467 by adding in the title on line 21 of Page 1, im mediately preceding the word "to", the following:
"to provide for the travel expenses and allowances of members, officials and employees of the various offices, boards, commissions

WEDNESDAY, MARCH 3, 1976

2317

and authorities herein described;".

By renumbering Sections 7, 8 and 9, beginning on Page 3, as Sections 8, 9 and 10, and inserting a new Section 7 to read as follows:

"Section 7. Notwithstanding any other provisions of this Act
or other law, each member, official and employee of the State Office of Housing Section of the Bureau of Community Affairs, of the Georgia State Crime Commission, of the State Building Administrative Board, and of the Georgia Residential Finance Authority shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member, of ficial or employee is in attendance at a meeting of the body. Such members, officials and employees shall be reimbursed for actual transporation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Section. Provided, however, if a meeting is held within fifty miles of the member's, official's or employee's residence or if he does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00."

On the adoption of the amendment, the yeas were 15, nays 15, and the amendment was lost.

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

On the passage of the bill, a roll call was taken, 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 Coverdell Dean of 6th
Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill
Holley Holloway
Hudson Kennedy Kidd Lester Lewis
McDuffie McGill Overby Pearce Reynolds

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

2318

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Carter
Dean of 31st Duncan
Hamilton of 34th

Howard Hudgins
Langford McDowell
Robinson

Russell Shapard
Tate

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1468. By Representative Adams of the 36th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act approved April 21, 1969 creating the State Building Administrative Board, so as to provide for the substitution of the Commissioner of the Department of Human Resources or his designee for the Director of the Department of Public Health as an ex officio member of the Board.

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

On the passage of the bill, a roll call was taken, 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 Hill Howard
Hudson Kennedy Kidd
Langford
Lester Lewis McGill
Overby
Pearce Reynolds

Those not voting were Senators:

Bond Hamilton of 34th Holley Holloway

Hudgins McDowell McDuffie Robinson

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

WEDNESDAY, MARCH 3, 1976

2319

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

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

Senator Fincher of the 54th gave notice that, at the proper time, he would move that the Senate disagree with the committee report which was adverse to the passage of the following bill of the House:
HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others:
A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.
The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 1469. By Representative Adams of the 36th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968 so as to delete the policy direction of State planning and programming from the responsibilities of the State Planning and Community Affairs Policy Board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes 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 Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McGill Overby

Pearce Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

2320

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bell Bond
Hamilton of 34th Holloway

Hudgins MeDowell
McDuffie Reynolds

Russell Summers
Tate

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1478. By Representatives Lamber of the 112th, Carlisle of the 71st, Linder of the 44th and Marcus of the 26th:
Senate Sponsor: Senator Garrard of the 37th.
A bill to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title ("Marriage and Family Counselor Licensing Act") ; to provide for declaration of purpose; to define certain terms; to provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties.

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

On the passage of the bill, a roll call was taken, 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 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

Those not voting were Senators:

Bond Brantley

Duncan MeDowell

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

WEDNESDAY, MARCH 3, 1976

2321

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

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

The following resolution of the House was taken up for the purpose of considering House action thereto:

HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution to provide for a new Constitution of the State of Georgia.

Senator Lewis of the 21st moved that the Senate insist upon its amendments to HR 462.

On the motion, the yeas were 31, nays 2; the motion prevailed, and the Senate insisted upon its amendments to HR 462.

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

HB 1542. By Representatives Adams of the 36th and Knight of the 67th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to provide that the functions of the Bureau of State Planning and Community Affairs with respect to housing are trans ferred from the Department of Human Resources to the Bureau of Community Affairs.

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

On the passage of the bill, a roll call was taken, 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 Pincher Poster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford

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JOURNAL OF THE SENATE,

Lester Lewis McDuffie McGill Overby Pearce Riley

Robinson Shapard Stephens Stumbaugh Summers Button Thompson

Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 31st Duncan

Holley McDowell Reynolds

Russell Starr Tate

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1560. By Representatives Harris of the 138th, Marcus of the 26th, Edwards of the 110th and others:
Senator Sponsor: Senator Garrard of the 37th.
A bill to amend Code Chapter 84-9, relating to medical practitioners so as to provide for the clinical clerkships for certain persons who have studied at foreign medical colleges; to provide that such clerkships shall be in lieu of certain requirements.

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

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

Those voting in the affirmative were Senators:

Ballard 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 Hamilton of 34th Hill Holley Holloway Howard
Hudgins
Hudson
Kennedy Lester
Lewis
McDuffie
McGill
Pearce

Reynolds Riley Robinson Shapard Starr Stephens Summers
Button
Thompson
Timmons Turner
Tysinger
Warren
Young

WEDNESDAY, MARCH 3, 1976

2323

Those voting in the negative were Senators:

Barnes Doss

Langford Overby

Stumbaugh

Those not voting were Senators:

Banks Duncan Kidd

McDowell Russell Tate

Traylor

On the passage of the bill, the yeas were 44, nays 5.

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

HB 1561. By Representatives Childers of the 15th, Burruss of the 21st, Hatcher of the 131st and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Section 88-1721, relating to correction and amendment of vital records so as to provide authority and procedures for obtaining orders from the probate courts for certain changes in birth certificates; to provide for petitions, hearings, notices and orders.

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

On the passage of the bill, a roll call was taken, 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 Cover dell Dean of 6th Doss
Eldridge Fincher Poster Garrard Gillis

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

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

2324

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Dean of 31st Duncan

Holloway McDowell Tate

Traylor

On the passage of the bill, the yeas were 49, nays 0.

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

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

HR 804. By Representative Reaves of the 147th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that effective January 1, 1979, the Judge of the Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law; 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 VI of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Effective January 1, 1979, the Judge of the Probate Court of Echols County shall be also and is hereby designated the Judge of the County Court of Echols County. The Judge of the County Court of Echols County elected at the 1976 general election shall serve until December 31, 1978, and the term of office of said Judge is hereby shortened to expire on December 31, 1978. On January 1, 1979, the Judge of the Probate Court of Echols County shall be vested with all the powers and duties as Judge of the County Court of Echols County as well as the powers and duties of the Judge of the Probate Court of Echols County. The compensation of the Judge of the Probate Court of Echols County also serving as Judge of the County Court of Echols County shall be as provided by local law, but until otherwise provided by local law, such Judge shall receive an annual salary of $5,000.00 which shall be payable in equal monthly installments from the funds of Echols County. The governing authority of Echols County shall be authorized to increase said salary by 5% at the beginning of each new four-year term of office with the first such increase, at the discretion of said governing authority, becoming effective on January 1, 1981. Effective January 1, 1979, and thereafter, all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds,

WEDNESDAY, MARCH 3, 1976

2325

monies and all other emoluments and perquisites formerly allowed the Judge of the Probate Court of Echols County and the Judge of the County Court of Echols County for services in any capacity shall be paid into the treasury of Echols County on or before the 15th day of each month next following the month in which they were collected or received."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to provide that effective January 1, 1979, the Judge of the
( ) NO Probate Court of Echols County shall be also the Judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law?"

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 taken, 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 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

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

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

2326

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Brantley Duncan

Hamilton of 34th McDowell Reynolds

Tate Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 806. By Representative Fraser of the 139th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V of the Constitution is hereby amended by striking from Paragraph I the following:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of a minimum of three (3) and a maximum of five (5) citizens of Liberty County appointed by the governing authority of Liberty County and the Representative of Liberty County in the General Assembly. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the Representative shall serve a term which shall coincide with his term in the General Assembly.",
and inserting in lieu thereof the following:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of one member appointed by the governing authority of Liberty County, one member appointed by the governing authority of the City of Hinesville and one member to be appointed by the governing body of the Liberty County Chamber of Commerce, provided that no member may be an elected official of the City of Hinesville or Liberty County. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the member appointed by the govern ing body of the Liberty County Chamber of Commerce shall serve a term of four years."

WEDNESDAY, MARCH 3, 1976

2327

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to change the provisions relating to the membership of the
( ) NO Liberty County Industrial Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

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

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

Those not voting were Senators:

Banks Brantley Duncan

Hamilton of 34th McDowell Reynolds

Tate Traylor

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

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HE 812. By Representatives Snow of the 1st and Peters of the 2nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI of the Constitution is hereby amended by adding at the end thereof a new Section V, to read as follows:
"Section V. Lakeview-Fort Oglethorpe-Catoosa County Sta dium Authority.
Paragraph I. Lakeview-Fort Oglethorpe-Catoosa County Sta dium Authority.--There is hereby created a body corporate and politic to be known as the Lakeview-Fort Oglethorpe-Catoosa Coun ty Stadium Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be con tracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity.

The Authority shall consist of seven members. One of the initial members shall be appointed by the Catoosa County Board of Education, and may or may not be a member of the board, and shall serve for an initial term of office of three years. One of the initial members shall be appointed by the governing authority of Catoosa County, and shall serve for an initial term of office of two years, and two of the initial members shall be appointed by the governing authority of Catoosa County, and shall serve for initial terms of office of three years each. One of the initial members shall be appointed by the governing authority of the Town of Fort Oglethorpe, and shall serve for an initial term of office of one year, and two of the initial members shall be appointed by the governing authority of the Town of Fort Oglethorpe, and shall serve for initial terms of office of two years. Two of the members appointed by the governing authority of Catoosa County and two of the members appointed by the governing authority of the Town of Fort Oglethorpe shall be residents of the Tax District created in this Section. All members shall serve for their respective terms of office and until their respective successors are duly appointed and qualified. Following the terms of office of the initial members, successors shall be appointed by the members of the Authority im mediately prior to the expiration of the terms of office of members. All members shall take office on the first day of January, with the initial members taking office on January 1, 1977. Following the terms of office of the initial members, the term of office of all members shall be for three years. Members of the Authority may succeed themselves. In the event of the death, resignation, removal,

WEDNESDAY, MARCH 3, 1976

2329

disability or vacancy from any other cause the members of the Authority shall appoint a successor for the remainder of the unexpired term of office.

The members of the Authority shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary-treasurer, who need not necessarily be a member of the Authority.

The chairman and vice-chairman, and secretary-treasurer shall serve for a period of one (1) year and until their successors are appointed and qualified. Four (4) members of the Authority shall constitute a quorum.

No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority.

The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question.

The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual ex penses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Members of the Authority, shall give bond in the amount of $10,000 each, payable to the Authority and conditioned upon the faithful discharge of their duties. The costs of such bonds shall be paid from the funds of the Authority, provided that such bonds shall not be required until such time as the Tax District hereinafter provided for has been created. Members may be removed for cause by proper action brought in the Superior Court of Catoosa County.

Paragraph II. ' Definitions.--As used in this Section, the fol lowing words or terms shall have the following meanings:

(a) The word 'Authority' shall mean the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority created by this Section.

(b) The word 'Project' shall be deemed to mean a stadium fa cility to be used, subject to the approval and consistent with the policies of the Board of Education of Catoosa County and the of ficials of Lakeview-Fort Oglethorpe High School, for athletic con tests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other public entertainments; to gether with parking facilities or parking areas in connection there with, related recreational and other buildings and the usual and convenient facilities appertaining to such undertakings, and exten sions and improvements of such facilities.

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(c) The term 'Cost of the Project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements, leases and franchises acquired, the cost of all machinery and equip ment, financing charges, interest prior to and during the construc tion year, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, or the construction of any project, the placing of the same in operation, and the con demnation of property necessary for such construction and opera tion. Any obligation or expense incurred for any of the foregoing purposes shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Section for such project.

(d) The terms 'Bonds' and 'Obligations' as used in this Section, shall mean general obligation bonds and such type of obligations may be issued by the Authority as authorized under this Section and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this
Section.

(e) Any project shall be deemed 'self-liquidating' if in the judgment of the Authority, the revenues and earnings to be de rived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the prin cipal and interest of the bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Paragraph III. Powers.--The Authority shall have powers:

(a) to have a seal and alter the same at its pleasure;

(b) to accept gifts, grants and donations;

(c) to acquire by purchase, lease or otherwise, and to hold, lease and dispose of, real and personal property, of every kind and character for its corporate purposes;

(d) to construct the project, with the consent of the Board of Education of Catoosa County, on real property owned by or leased by the board of education and to enter into contracts and agreements for such purpose;

(e) to appoint, select and employ officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective com pensations;

(f) to make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases or projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political sub-

WEDNESDAY, MARCH 3, 1976

2331

divisions, departments, institutions or agencies of Catoosa County or the Catoosa County Board of Education 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 boards of edu cation and to the Authority to enter into contracts, lease agree ments, or other undertakings relative to the furnishing of services and facilities by the Authority to such municipal corporations, counties and boards of education for a term not exceeding fifty
(50) years;

(g) to construct, erect, acquire, own, repair, remodel, main
tain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of bonds or other revenues of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;

(h) to accept loans and grants of money, materials, or prop erty of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;

(i) to borrow money for any of its corporate purposes and to issue negotiable bonds for such purposes, and to provide for the payment of the same and for the rights of the holders thereof;

(j) to do all things necessary or convenient to carry out the powers expressly given in this Section.

Paragraph IV. Additional powers and duties.--Upon comple tion of the project it shall be the duty of the Authority to lease the project to the Catoosa County Board of Education for a period ex tending two months past the date on which the bonds issued to pay for the construction of the project will be paid. The consideration for such lease shall be one dollar. The board of education shall have exclusive authority to manage, maintain and operate the project under the terms and conditions of the lease and is hereby authorized to establish, impose and collect fees, charges, tolls and rentals for the use of the project or any facilities thereof, which revenues shall be used by the board of education to offset the costs of operation and maintenance of the project. Upon the repayment of all funds borrowed by the Authority for the construction of the project, it shall be the duty of the Authority to convey all rights, title and interests of the Authority in the project to the Board of Education of Catoosa County. The consideration for such transfer shall be one dollar. The board of education is hereby authorized to expend funds of the board for the maintenance, operation, repair and up keep of the project and to tax for such purpose. The board of edu cation is hereby authorized to contract with the Authority in such manner and for such purposes as may be necessary or convenient to carry out the purposes of this Section, and may exercise such

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JOURNAL OF THE SENATE,

other powers as may be necessary or convenient for such purposes.

Paragraph V. Taxation.--For the purposes of constructing the projects of the Authority and payment of the general obliga tion bonds issued for such purposes and for the payment of the costs and expenses of the Authority, the Authority is hereby au thorized to fix, levy, impose and collect an ad valorem property tax on all real and personal tangible property of each resident of the tax district hereinafter created. All property or portions of the value thereof which is exempt from ad valorem taxation for county purposes shall be exempt from the taxes imposed by the Authority. The Authority shall annually establish a millage rate for such taxes in the same manner, as nearly as practicable, as provided by law for the establishment of millage rates by the governing authority of Catoosa County. Upon the establishment of such millage rate the Authority shall notify the governing authority of Catoosa County and the tax officials of Catoosa County of the rate so fixed. It shall be the duty of the governing authority and the tax officials of Catoosa
County to levy and collect such tax and to turn over the proceeds therefrom to the Authority. The same valuations, practices and pro cedures, time limitations and methods which are applicable to the im position, levy and collection of county ad valorem taxes shall be applicable to the collection of taxes for the Authority. The revenues collected shall be turned over to the Authority monthly. The millage rate and the amount of taxes levied for the Authority shall be separately stated on tax notices issued by Catoosa County. The taxes levied by or for the Authority and the bonds issued by the Authority shall not affect or impair the ability of Catoosa County or the Catoosa County Board of Education to levy or impose taxes or incur bonded indebtedness under any other provision of law. No taxes shall be levied or collected by or for the Authority until the establishment of the tax district herein authorized has been ap
proved as provided herein.

Paragraph VI. Lakeview-Fort Oglethorpe Tax District.-- Upon the approval of the electors as herein provided the LakeviewFort Oglethorpe Tax District shall be established. The Tax District shall include all that area and territory located within Catoosa County within the following boundaries, to wit:

The western boundary lines shall be the Walker County line, the northern boundary lines shall be the Tennessee State line. The eastern boundary lines shall follow the west Chickamauga Creek south of the Tennessee line until it intersects with the Battlefield Parkway, Georgia Highway 2-A, then follows 2-A until it intersects with the old Chickamauga Park line now owned by the Catoosa County Board of Education where it shall follow that line to its most southern point. The southern boundary line shall start at that point and follow the northern boundary of Chickamauga Battle field until it interests with the Walker County line.

The Tax District shall not come into existence nor shall the Authority be authorized to levy taxes within such district or issue bonds until the creation of the district has been authorized in the referendum hereinafter provided in this Paragraph.

WEDNESDAY, MARCH 3, 1976

2333

Following creation of the Authority as provided in this Section the members of the Authority shall adopt a resolution directing the election superintendent of Catoosa County to issue the call for an election for the purpose of determining whether the LakeviewFort Oglethorpe Tax District shall be established. Not less than one nor more than 10 days after the receipt of such resolution it shall be the duty of the election superintendent to issue the call for such election. Those persons who are qualified to vote for members of the General Assembly who reside within the proposed district shall be eligible to vote in such election. 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 Catoosa County. The ballot shall have written or printed thereon the words:

'( ) YES Shall the Lakeview-Fort Oglethorpe Tax District be established and the Lakeview-Fort OglethorpeCatoosa County Stadium Authority be authorized to issue not more than $500,000 in bonds for the
( ) NO purpose of building a stadium and recreation fa cilities?'

All persons desiring to vote for the creation of the Tax Dis trict and construction of such facilities shall vote 'Yes', and those persons desiring to vote against creation of the Tax District and construction of such facilities shall vote 'No'. If more than one-half of the votes cast on such question are for creation of the Tax Dis trict such Tax District shall thereupon immediately come into ex istence and the Authority shall thereupon be authorized to issue bonds as provided in this Section without further approval of the voters and shall further be authorized to tax within such Tax District.

The expense of such election shall be borne by Catoosa 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.
Paragraph VII. Bonds.--The Authority shall have power and is hereby authorized to provide by resolution for the issuance of negotiable bonds of the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more proj ects, provided, that the Authority shall not issue bonds with a total principal amount in excess of $500,000 during the existence of the Authority. The principal and interest of such bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and condi-

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tions as may be fixed by the Authority in the resolution providing for the issuance of bonds.

Paragraph VIII. Same; form; denominations; registration; place of payment.--The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within the State. The bonds may be issued in coupon or registered form or both, as the Author ity may determine. Provisions may be made for the registration of
any coupon bond as to principal alone and also as to both the principal and interest.

Paragraph IX. Same; signatures; seal.--In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had re mained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Au thority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

Paragraph X. Same; negotiability; exemption from taxation.-- All bonds issued under the provisions of this Section shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.

Paragraph XI. Same; sale; price.--The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority.

Paragraph XII. Same; proceeds of bonds.--The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds, but not to exceed the total allowable principal amount thereof, may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust in denture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of

WEDNESDAY, MARCH 3, 1976

2335

the bonds of any issue shall exceed the amount required for the purpose for which such honds are issued, the surplus shall be paid into the funds, hereinafter provided, for the payment of principal and interest of such bonds.

Paragraph XIII. 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. Following creation of the Tax District the Authority is hereby authorized to borrow funds for a period not to exceed two years for the purpose of the operation of the Authority.
Paragraph XIV. Same; replacement of lost or mutilated bonds.--The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.

Paragraph XV. Conditions precedent to issuance; object of issuance.--Such bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Section relative to the creation of the Tax District. In the discretion of the Authority, bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of bonds under the provisions of this Section shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

Paragraph XVI. Credit not pledged.--Bonds issued under the provisions of this Section shall not be deemed to constitute a debt of the State of Georgia, Catoosa County, the Catoosa County Board of Education, or the Town of Fort Oglethorpe or a pledge of the faith and credit of said State, county, school board or town, but such bonds shall be payable solely from the funds hereinafter pro vided for, and the issuance of such bonds shall not directly, in directly or contingently, obligate the State, county, school board or town to levy or to pledge any form of taxation whatever there for, except as otherwise provided in this Section, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing pro visions of this Paragraph.

Paragraph XVII. Same; trust indenture as security.--In the discretion of the Authority, any issuance of such 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 the State. Such trust in denture may pledge or assign tax funds, and other revenues to be received by the Authority. Either the resolution providing for the issuance of bonds or such trust indenture may contain such provi sions for protecting and enforcing the rights and remedies of the

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bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Au thority in relation to the acquisition of property and the construc tion of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be con structed and paid for under the supervision and approval of con sulting engineers or architects employed or designated by the Au thority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of the project affected by such indenture and may be paid from any revenues or funds of the Authority. Such trust indenture may also provide for such protections for the purchasers and holders of the bonds of the Au thority as is customary for trust indentures for general obligation bonds.

Paragraph XVIII. Same; to whom proceeds of bonds shall be paid.--The Authority shall provide, in the resolution providing for the issuance of bonds or in the trust indenture, for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Section and such resolution or trust indenture may provide.

Paragraph XIX. Same; sinking funds.--The taxes, revenues and earnings may be pledged and allocated by the Authority to the payment of the principal and interest on bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged, for whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sink ing fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such bonds as such inter est 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 (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all bonds without distinction or priority of one

WEDNESDAY, MARCH 3, 1976

2337

over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds or improvements, additions to or extensions of the project, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Paragraph XX. Same; remedies of bondholders.--Any holder of bonds issued under the provisions of this Section 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 Sec tion or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof.

Paragraph XXI. Same; refunding bonds.--The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any bonds issued under the provisions of this Section and then outstanding, together with accrued interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in re spect to the same, shall be governed by the foregoing provision of this Section insofar as the same may be applicable.

Paragraph XXII. Same; exemption from taxation; covenant of State.--It is hereby found, determined and declared that the crea tion of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Section, and this State covenants with the holders of the bonds that the Authority shall not be re quired to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority; and shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority.

Paragraph XXIII. Same; venue and jurisdiction.--Any action to protect or enforce any rights under the provisions of this Section or any suit or action against such Authority shall be brought in the Superior Court of Catoosa County, Georgia, and any action pertain ing to validation of any bonds issued under the provisions of this

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Act shall likewise be brought in said court which shall have exclu sive, original jurisdiction of such actions.

Paragraph XXIV. Same; validation.--Bonds of the Authority shall be confirmed and validated in accordance with any law requir ing such confirmation and validation. The petition for validation shall also make party defendant to such action any municipality, county, board of education, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, board of education, authority, subdivision, or instrumentality shall be re quired to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any munic ipality, county, board of education, authority, subdivision or instru mentality contracting with the said Lakeview-Fort OglethorpeCatoosa County Stadium Authority.

Paragraph XXV. Same; interest of bondholders protected.-- While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the Authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Section shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

Paragraph XXVI. Purpose of the Authority.--Without limit ing the generality of any provisions of this Section, the general pur pose of the Authority is declared to be that of acquiring, construct ing and equipping a stadium facility for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other entertainments, and parking facilities and parking areas in connection therewith; for acquiring, construct ing, equipping, maintaining and operating recreational centers and facilities and areas, including but not limited to a gymnasium and athletic facilities, parking facilities or areas in connection there with and related buildings and the usual and convenient facilities appertaining to such undertakings; the extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do so any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such types of undertakings. The

WEDNESDAY, MARCH 3, 1976

2339

Catoosa County Board of Education shall operate and maintain such project as otherwise provided in this Section.

Paragraph XXVII. Rates; charges and revenues; use.--The Authority is hereby authorized, in anticipation of the collection of the tax revenues, to issue bonds as herein provided to finance, in whole or in part the cost of the acquisition, construction, recon struction, 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 tax revenues and income of the Authority.

Paragraph XXVIII. Tort immunity.--The Authority shall have the same immunity and exemption from liability for torts and negligence as Catoosa County and the Town of Fort Oglethorpe; 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 Catoosa County and the Town of Fort Oglethorpe when in the performance of their public duties or work.

Paragraph XXIX. Powers declared supplemental and addi tional.--The foregoing paragraphs of this Section shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing.

Paragraph XXX. Liberal construction of Section.--This Sec tion being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.

Paragraph XXXI. Authority abolished; when.--The Authority shall be abolished and shall perform no further duties or functions on the first day of the third month following the month in which the bonds issued for construction of the project have been repaid and cancelled."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to create the Lakeview-Fort Oglethorpe-Catoosa County
( ) NO Stadium Authority and create a special taxing district the residents of which then can vote whether or not to allow the Authority to issue bonds to build a stadium?"

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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 he 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 taken, 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 6th Dean of 31st
Doss Eldridge Fincher Foster Garrard

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

Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Banks Brantley Duncan

Hamilton of 34th McDowell Reynolds

Tate Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 846. By Representatives Cole of the 6th, Foster of the 6th and Leonard of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create by law a Small Claims Court for Whitfield

WEDNESDAY, MARCH 3, 1976

2341

County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VI, Section I of the Constitution is hereby amended by adding, following Paragraph I, a new Paragraph IA, to read as follows:

"Paragraph IA. The General Assembly is hereby authorized to create by law a Small Claims Court for Whitfield County."

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 create by law a
( ) NO Small Claims Court for Whitfield County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 6th Dean of 31st

Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

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Riley Robinson Russell Shapard Starr

Stephens Stumbaugh Summers Sutton Thompson

Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Banks Brantley Duncan

Hamilton of 34th McDowell Reynolds

Tate Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

The following bills of the House were read the first time and referred to committees:
HB 1318. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to create Judicial Administration District and the boundaries thereof; to provide for Judicial Administration District Councils; to provide for Administrative Assistants. Referred to Committee on Judiciary.

HB 1481. By Representative Greer of the 43rd:
A bill to amend the Act approved March 31, 1972 relating to the protec tion of pension rights of employees of certain counties and cities; pro viding that when an employee shall change his employment, he shall receive credit for pension purposes for all years of service which may have accrued to him while in the service of his former employer.
Referred to Committee on County and Urban Affairs.

HB 2080. By Representative Gignilliat of the 122nd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, to extend the corporate limits of the City of Savannah. Referred to Committee on County and Urban Affairs.

The President announced that the Senate would stand in recess from 11:55 o'clock A. M. until 1:45 o'clock P. M. today.

The President called the Senate to order.

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

WEDNESDAY, MARCH 3, 1976

2343

SR 396. By Senators Stephens of the 36th, Hudgins of the 15th, Hamilton of the 34th and others:
A resolution creating the Joint Georgia Study Committee on Status Offenses.

The Senate Committee on Rules offered the following substitute to SR 396:
A RESOLUTION
Creating the Georgia Senate Study Committee on Status Offenses; and for other purposes.
WHEREAS, crime and delinquency are increasing at a frightening rate; and
WHEREAS, many youths enter the juvenile justice system charged with committing "status offenses", noncriminal acts that apply only to children because of their status as minors; and
WHEREAS, status offenses are not considered crimes if committed by adults; and
WHEREAS, about 27% of all children detained in Regional Youth Development Centers and about 32% of all youths held in jails in Geor gia in 1974 were status offenders; and
WHEREAS, secure confinement for a status offense is unjust because it is disproportionate to the harm done by a child's noncriminal behavior; and
WHEREAS, policy statements calling for the use of communitybased treatment facilities and other alternatives to secure detention have been issued by numerous national organizations, including the National Council on Crime and Delinquency, National Council of Jewish Women, The American Legion Children and Youth Committee, The National Association of Social Workers, the General Federation of Women's Clubs, and the AFL-CIO Department of Community Services; and
WHEREAS, the concept of the removal of status offense from the jurisdiction of the Juvenile Court Code of Georgia is of concern to many Georgians; and
WHEREAS, it is appropriate for the General Assembly to be made aware of the issues related to the status offender, both pro and con.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is hereby created the Georgia Senate Study Committee on Status Offenses to be composed of five members of the Senate to be appointed by the President thereof. The Chairman of the Committee shall be elected by the Committee.

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In addition, the legislative members shall appoint advisors from the following: National Council on Crime and Delinquency, National Coun cil of Jewish Women, American Legion, National Association of Social Workers, AFL-CIO, Georgia Association of Juvenile Court Judges, Georgia Juvenile Services Association, Junior League, Georgia Mental Health Association, Georgia Federation of Women's Clubs, State De partment of Education, Division of Youth Services of the Department of Human Resources, and the State Crime Commission.

The Committee is authorized to do all things it deems necessary to investigate and study the issues of status offenses and problems related thereto for the purpose of correcting those problems by appropriate legislation. To further its knowledge, the Committee may consult with experts and persons with practical knowledge of the subjects being pursued.
The legislative members of the Committee shall receive the allow ances authorized for legislative members of interim legislative com mittees, but for no longer than 20 days unless an extension is obtained from the presiding officer of the Senate. The funds necessary to carry out the provisions of this Resolution shall come from the funds appro priated to or available to the legislative branch of government.
The committee shall issue a report of its findings to the General Assembly on or before December 1, 1976, at which time the Committee shall stand abolished.
The committee substitute to SR 396 was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
The resolution was adopted by substitute.

The following resolutions of the Senate, favorably reported by the com mittees, were read and adopted:

SR 314. By Senators Duncan of the 30th, Lester of the 23rd, Shapard of the 28th and others:
A resolution creating the Mental Retardation Study Committee.

SR 303. By Senators Russell of the 10th, Turner of the 8th and Timmons of the llth:
A resolution creating the Senate Agricultural Research Study Com mittee.

SR 415. By Senators Gillis of the 20th, Turner of the 8th, McGill of the 24th and others:
A resolution creating the Health Education Study Committee.

WEDNESDAY, MARCH 3, 1976

2345

SR 418. By Senator Foster of the-50th: A resolution creating the Senate Water Resources Study Committee.

SR 438. By Senators Brantley of the 56th, Shapard of the 28th, Kennedy of the 4th and others:
A resolution creating an interim Senate Committee to investigate, study and research the problem of providing adequate correctional educational programs.

The following resolutions of the Senate were read and adopted:

SR 447. By Senator Shapard of the 28th:
A resolution relative to litter and other unsightly conditions on the highways and properties throughout the State.

SR 448. By Senators Turner of the 8th and Barnes of the 33rd:
A resolution expressing appreciation to the young ladies of the telephone center.

SR 449. By Senators Howard of the 42nd, Robinson of the 27th, Coverdell of the 40th and others:
A resolution creating the Young Adult Involvement Study Committee.

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

HB 1639. By Representatives Linder of the 44th, Elliott of the 49th, Howard of the 19th and others: Senate Sponsor: Senator Bell of the 5th. A bill to provide that it shall be unlawful for any person to allow or require any person in his employment under 18 years of age to dispense, serve, sell, deliver or take orders for any alcoholic beverage; to provide a penalty.
Senator Bell of the 5th offered the following amendment:
Amend HB 1639 by adding in the title on line 10 of Page 1, im mediately preceding the words "to repeal", the following:
"to provide an effective date;".
By renumbering Section 3 as Section 4 and inserting a new Section 3 to read as follows:

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"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge

Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Holloway Howard Kennedy Kidd Langford Lewis McDowell

Those voting in the negative were Senators:

Barnes Dean of 31st

Shapard Sutton

Those not voting were Senators:

Broun of 46th Doss Gillis Hill Holley
(excused conferee)

Hudgins (excused conferee) Hudson Lester (excused conferee) McDuffie

McGill Overby Pearce Reynolds Riley Robinson Stephens Stumbaugh Summers Tate Traylor Tysinger
Thompson Warren
Russell Starr Timmons Turner Young

On the passage of the bill, the yeas were 36, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1706. By Representative Connell of the 87th: Senate Sponsor: Senator Riley of the 1st. A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that the

WEDNESDAY, MARCH 3, 1976

2347

State Revenue Commissioner may by regulation provide for the col lection of taxes imposed on distilled spirits through the use of a report ing system rather than through the use of revenue stamps.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 1706:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to provide that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps; to provide for certain procedures; 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 "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding to Section 11 of said Act a new subsection (e), to read as follows:
"(e) Notwithstanding any other provision to the contrary, the State Revenue Commissioner may by regulation provide that the taxes imposed on all distilled spirits imported into this State or manufactured in this State may be collected by a reporting system rather than through the use of stamps. The State Revenue Com missioner may promulgate rules and'regulations covering reports to be made; records to be kept; to prescribe penalties for failure to comply with such reporting system; to require posting of bond or other security satisfactory to the Commissioner and other matters pertaining to the administration and enforcement of collecting the tax under the reporting system. In the event the State Revenue Commissioner prescribes a reporting system for collection of taxes imposed on distilled spirits all of the laws applicable to revenue stamps shall apply to such reporting system so far as they can be made applicable."
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 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st 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

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Banks Brantley Broun of 46th

Doss McDuffie Russell

On the passage of the bill, the yeas were 46, nays 1.

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Warren
Starr Traylor Young

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

HB 1707. By Representative Connell of the 87th:
Senate Sponsor: Senator Riley of the 1st.
A bill to amend an Act known as the "Revenue Tax Act To Legalize and Control Alcoholic Beverages and Liquors" so as to provide for Metric Standards of Measurement in determining the amount of distilled spirits which may be lawfully sold or possessed in certain circumstances.

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

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

WEDNESDAY, MARCH 3, 1976

2349

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brown of 47th Coverdell Dean of 6th Duncan Eldridge Fincher Poster Garrard Hamilton of 26th

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

Pearce Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Tate Timmons Turner Tysinger Warren

Those voting in the negative were Senators:

Barnes Dean of 31st

Sutton

Thompson

Those not voting were Senators:

Brantley Broun of 46th Carter Doss

Gillis Hudgins McDuffie Russell

Starr Traylor Young

On the passage of the bill, the yeas were 41, nays 4.

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

The following resolution of the House was taken up for the purpose of con sidering the Conference Committee Report thereto:

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.

Senator Shapard moved that the Conference Committee Report on HR 464 be printed.

On the motion to print, the yeas were 30, nays 0; the motion prevailed, and the Conference Committee Report was ordered printed.

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

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HB 1765. By Representatives Jessup of the 117th, Smith of the 78th, Coleman of the 118th and Foster of the 152nd:
Senate Sponsor: Senator McGill of the 24th.
A bill to amend the Georgia Motor Vehicle Accident Reparations Act so as to require the inclusion of certain provisions within motor vehicle liability insurance policies issued in 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, a roll call was taken, 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 Duncan Eldridge Foster Garrard Gillis

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

Those not voting were Senators:

Bond Brantley Doss Fincher

Hill McDuffie Tate Thompson

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

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

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

HB 1821. By Representatives Coleman of the 118th, Whitmire of the 9th, Miles of the 86th and others:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to create the Georgia Fire Academy; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes only; to amend the Georgia Firefighter

WEDNESDAY, MARCH 3, 1976

2351

Standards and Training Act, to replace the Georgia Fire Institute with the Georgia Fire Academy.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Fincher Foster

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

Overby Pearce Riley Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren

Those not voting were Senators:

Bond Brantley Doss Holloway

Howard McDuffie Reynolds Russell

Stephens Tysinger Young

On the passage of the bill, the yeas were 45, nays 0.

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

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1489. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relating to game and fish, as amended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations.

Senator Barker of the 18th moved that the Senate insist upon its amendment to HB 1489.

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On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon its amendment to HB 1489.

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

HB 1847. By Representative Greer of the 43rd:
Senate Sponsor: Senator Hudson of the 35th.
A bill to amend Code Chapter 26-27 relative to gambling and related offenses so as to provide certain exceptions with respect to printed materials and related advertising materials for shipment out of the State of Georgia to governmental bodies lawfully using such materials.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Pincher Foster Garrard Gillis

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

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

Those voting in the negative were Senators:

Barnes Brown of 47th

Dean of 31st Overby

Thompson

Those not voting were Senators:

Doss Holloway

McDuffie

Reynolds

On the passage of the bill, the yeas were 47, nays 5.

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

WEDNESDAY, MARCH 3, 1976

2353

HB 1848. By Representatives Clark, Mann and Milford of the 13th and others:
Senate Sponsor: Senator Gillis of the 20th:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, so as to provide that a wildlife ranger, after a minimum number of years of service, upon leaving the Department of Natural Resources under honorable conditions, may retain his weapon and badge under certain circumstances.

The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to HB 1848:

A BILL

To be entitled an Act to provide that the agencies and departments of State government which employ peace officers may allow such peace officers to retain their weapons and badges after retiring under honor able conditions with a certain number of years of service; to repeal a specific act; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The various agencies and departments of State govern ment which employ peace officers may allow such peace officers to retain their weapons and badges upon retirement; provided, that this applies only to those peace officers retiring under honorable conditions with twenty years credible service. Such weapons and badges shall remain as the property of the State of Georgia and shall not be sold or otherwise disposed by the peace officer concerned. It shall be the responsibility of the affected department to recover all badges and weapons issued to retired employees upon the death of such employee.

Section 2. Section 7 of an Act, amending the Georgia Police Academy Act, approved April 24, 1975 (Ga. Laws 1975, p. 1175, 1177), providing for the retention of weapons and badges by employees of the Uniform Division of the Department of Public Safety is hereby re pealed in its entirety.

Section 3. This Act shall become effective July 1, 1976.

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 30, nays 0, and the sub stitute was adopted.

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

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JOURNAL OP THE SENATE,

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley
Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Eldridge Fincher Foster 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 Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Bell Bond Doss

Duncan Garrard Holley

Hudson

On the passage of the bill, the yeas were 48, nays 1.

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

Senator Thompson of the 32nd gave notice that, at the proper time, he would move that the Senate disagree with the committee report which was adverse to the adoption of the following resolution of the House:

HR 490. By Representatives Murphy of the 18th, Wilson, Howard and Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide that counties, municipalities and other political subdivisions shall not be authorized to acquire real property inside the boundaries of any other county, for airport purposes unless a majority of the qualified voters of the county in which the airport is proposed to be located voting in a referendum thereon shall approve the location of the airport.

Senator Garrard of the 37th moved that the following bill of the House be committed to the Committee on County and Urban Affairs:

WEDNESDAY, MARCH 3, 1976

2355

HB 1781. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating a new charter for the City of Atlanta, approved Mar. 16, 1973 (Ga. Laws 1973, p. 2188), as amended, so as to change the corporate limits of said city; to provide an effective date.

On the motion to commit, the yeas were 34, nays 0; the motion prevailed, and HB 1781 was committed to the Committee on County and Urban Affairs.

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

HB 1927. By Representative Knight of the 67th:
Senate Sponsor: Senator Banks of the 17th.
A bill to amend an Act providing that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services, approved April 25, 1975, so as to clarify the language relating to the avoidance or the attempt to avoid payment for telecommunication services.

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

On the passage of the bill, a roll call was taken, 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
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 Tate Thompson Timmons
Traylor
Turner
Tysinger Warren
Young

2356

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bell Bond

Broun of 46th Doss

Holloway

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1931. By Representative Connell of the 87th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act incorporating the Protestant Episcopal Society of Augusta and County of Richmond.

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

On the passage of the bill, a roll call was taken, 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 Hill Holley 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 Traylor Tysinger Warren Young

Those not voting were Senators :

Bond Doss

Hudson Timmons

Turner

On the passage of the bill, the yeas were 51, nays 0.

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

The following resolution of the House was taken up for the purpose of con sidering the Conference Committee Report thereto:

WEDNESDAY, MARCH 3, 1976

2357

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.

The Conference Committee Report was as follows:

The Conference Committee on HR 464 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HR 464 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Preston B. Lewis, Jr. Senator, 21st District
/s/ Ed Garrard Senator, 37th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dick Lane Representative, 40th District
/s/ John Hawkins Representative, 50th District
James M. Beck Representative, 148th District

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that certain bingo games operated by nonprofit organizations shall be legal in Georgia; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article I, Section II, Paragraph IV of the Constitution is hereby amended by striking the period at the end thereof and inserting in lieu thereof the following:

", except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be considered a nonprofit organization within the meaning of this Paragraph except a tax-exempt organization within the meaning of the Internal Revenue Code or the Georgia Income Tax Law as such Code and such Law are now or hereafter amended. No organization shall be considered a nonprofit organization within the meaning of this Paragraph unless such organization shall an nually file with the State Revenue Commissioner a report of an audit by a Certified or Registered Public Accountant fully account ing for all receipts and expenditures of such organization, which report shall constitute a public record subject to public inspection.

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No church, parish, synagogue, or house of worship in this State shall be considered a nonprofit organization for the purpose of operating nonprofit bingo games within the meaning of this Para graph, unless the governing authority of such church, parish, synagogue, or house of worship shall notify, in writing, the State Revenue Commissioner that it desires to be so considered.",

so that when so amended Paragraph IV shall read as follows:

"Paragraph IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be considered a nonprofit organization within the meaning of this Paragraph except a tax-exempt organization within the meaning of the Internal Revenue Code or the Georgia Income Tax Law as such Code and such Law are now or hereafter amended. No organization shall be considered a nonprofit organiza tion within the meaning of this Paragraph unless such organization shall annually file with the State Revenue Commissioner a report of an audit by a Certified or Registered Public Accountant fully accounting for all receipts and expenditures of such organization, which report shall constitute a public record subject to public in spection. No church, parish, synagogue, or house of worship in this State shall be considered a nonprofit organization for the purpose of operating nonprofit bingo games within the meaning of this Paragraph, unless the governing authority of such church, parish, synagogue, or house of worship shall notify, in writing, the State Revenue Commissioner that it desires to be so considered."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to provide that certain bingo games operated by nonprofit organ-
( ) NO izations shall be legal in Georgia?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

WEDNESDAY, MARCH 3, 1976

2359

Senator Kidd of the 25th moved that the Senate adopt the Conference Com mittee Report on HR 464.

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 Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

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

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

Those voting in the negative were Senators:

Barker Brown of 47th

Duncan Kennedy

Robinson Thompson

Those not voting were Senators:

Bond Doss

Hudson

Timmons

On the adoption of the Conference Committee Report, the yeas were 46, nays 6, and the Conference Committee Report on HR 464 was adopted.

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

HB 1954. By Representatives Snow of the 1st, Karrh of the 106th, Evans of the 84th and others:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend Code Title 22, relating to corporations, as amended, so as to correct certain typographical errors; to make certain technical changes.

The Senate Committee on Judiciary offered the following amendment:
Amend HB 1954 by striking on Page 2, line 2, the word "or" and substituting in lieu thereof the word "and".

2360

JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

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

On the passage of the bill, a roll call was taken, 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 Duncan 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 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:

Bond

Hill

Fincher

Holley

On the passage of the bill, the yeas were 51, nays 1.

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

HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
Senate Sponsor: Senator Lewis of the 21st.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not

WEDNESDAY, MARCH 3, 1976

2361

have the authority to grant a pardon to the convicted person and that such person shall not become eligible for parole at any time; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Article V, Section I, Paragraph XI of the Constitution is hereby amended by deleting in its entirety Paragraph XI and sub stituting in lieu thereof a new Paragraph XI to read as follows:
"Paragraph XI. Reprieves and pardons; State Board of Par dons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the ap plication of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Gov ernor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. The successors to the present members and all members of the Board who are subsequently ap pointed to fill vacancies occurring because of the expiration of terms of office shall be appointed for terms of seven years unless removed from office for cause as hereinafter provided. In the event of a vacancy for any reason other than the expiration of term, such vacancy shall be filled in the manner hereinafter pro vided for the unexpired term. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. Any member of the Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by judgment of the Senate in a trial of impeachment. The present members of the Board shall serve out the terms to which they were appointed. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present mem bers are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after convic tion except in cases of treason or impeachment, and except in

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JOURNAL OF THE SENATE,
cases in which the Governor refuses to suspend a sentence of death. When a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the con victed person, and such person shall not become eligible for parole at any time. The Board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. If any member for any cause is unable to serve in any case involving capital punishment when the Board shall consist of three members, the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law.
Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
" ( ) YES Shall the Constitution be amended so as to provide that appointments to fill vacancies occurring on the
( ) NO State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life impris onment, the Board shall not have the authority to grant a pardon to the convicted person and that such person shall not become eligible for parole at any time?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Pearce of the 16th offered the following amendment:
Amend HR 196 by adding after the word and semicolon "time;" on line 9, Page 1, the following:

WEDNESDAY, MARCH 3, 1976

2363

"to provide that the Board shall not have the authority to con sider a person convicted of armed robbery for pardon or parole until such person has served at least five years in the penitentiary;".

By adding after the word and period "death." on line 16, Page 1, the following:

"When a person is convicted of armed robbery, the Board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary."

By striking line 23, Page 4, in its entirety and inserting in lieu thereof the following:

"eligible for parole at any time and to provide that the Board shall not have the authority to consider a person convicted of armed robbery for pardon or parole until such person has served at least five years in the penitentiary?".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment offered by Senator Pearce of the 16th was adopted.

Senators Pearce of the 16th, Barnes of the 33rd, Banks of the 17th and Thompson of the 32nd offered the following amendment:
Amend HR 196 by striking lines 7, 8 and 9 on Page 1 in their en tirety and inserting in lieu thereof the following:
"the authority to grant a pardon to the convicted person until such person has served at least twenty years in the penitentiary and that such person shall not become eligible for parole at any time prior to serving at least twenty years in the penitentiary; to provide for the submission of this amendment for".
By striking lines 15 through 18 on Page 3 in their entirety and inserting in lieu thereof the following:
"death. When a sentence of death is commuted to life imprison ment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twenty years in the penitentiary, and such person shall not become eligible for parole at any time prior to serving at least twenty years in the penitentiary."
By striking lines 22 and 23 on Page 4 in their entirety and inserting in lieu thereof the following:
"person until such person has served at least twenty years in the penitentiary and that such person shall not become eligible for parole at any time prior to serving at least twenty years in the penitentiary?".

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JOURNAL OF THE SENATE,

On the adoption of the amendment, Senator Lewis of the 21st 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 Brown of 47th Coverdell Dean of 31st Doss

Duncan Eldridge Pincher Hamilton of 26th Holley Howard Hudgins Hudson Langford

Overby Pearce Robinson Shapard Stephens Summers Sutton Tate Thompson

Those voting in the negative were Senators:

Ballard Brantley Broun of 46th Carter Foster Garrard Gillis Hamilton of 34th Hill

Kennedy Kidd Lester Lewis McDowell McDuffie McGill Reynolds Riley

Russell Starr Stumbaugh Timmons Traylor Turner Tysinger Warren Young

Not voting were Senators Dean of 6th and Holloway.

On the adoption of the amendment, the yeas were 27, nays 27, and the amend ment offered by Senators Pearce of the 16th, Barnes of the 33rd, Banks of the 17th and Thompson of the 32nd was lost.

Senator Pearce of the 16th moved that the Senate reconsider its action in adopting the amendment offered by Senator Pearce of the 16th to HR 196.
On the motion, the yeas were 47, nays 1; the motion prevailed, and the amendment offered by Senator Pearce of the 16th to HR 196 was reconsidered.
Senator Pearce of the 16th offered the following amendment:
Amend HR 196 by adding after the word and semicolon "time;" on line 9, Page 1, the following:
"to provide that the Board shall not have the authority to to consider a person convicted of armed robbery for pardon or parole until such person has served at least five years in the penitentiary;".
By adding after the word and period "time." on line 18, Page 3, the following:

WEDNESDAY, MARCH 3, 1976

2365

"When a person is convicted of armed robbery, the Board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary."

By striking line 23, Page 4, in its entirety and inserting in lieu threof the following:

"eligible for parole at any time and to provide that the Board shall not have the authority to consider a person convicted of armed robbery for pardon or parole until such person has served at least five years in the penitentiary?".

On the adoption of the amendment, the yeas were 43, nays 5, and the amendment offered by Senator Pearce of the 16th was adopted.

Senator Howard of the 42nd moved that the Senate reconsider its action in defeating the amendment of Senators Pearce of the 16th, Barnes of the 33rd, Banks of the 17th and Thompson of the 32nd to HR 196.

On the motion, Senator Lewis of the 21st 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 Brown of 47th Coverdell Dean of 31st Doss Duncan Eldridge

Fincher Garrard Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Langford Overby

Pearce Robinson Russell Shapard Stephens Summers Tate Thompson Traylor

Those voting in the negative were Senators:

Ballard Brantley Broun of 46th Carter Foster Gillis Hamilton of 34th Kennedy

Kidd L'ester Lewis McDowell McDuffie McGill Reynolds Riley

Starr Stumbaugh Sutton Timmons Turner Tysinger Warren Young

Not voting was Senator Dean of the 6th.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 31, nays 24, and the amendment offered by Senators Pearce of the 16th, Barnes of the 33rd, Banks of the 17th and Thompson of the 32nd to HR 196 was reconsidered.

Senators Pearce of the 16th, Barnes of the 33rd, Banks of the 17th and Thompson of the 32nd offered the following amendment:
Amend HR 196 by striking lines 7, 8 and 9 on Page 1 in their entirety and inserting in lieu thereof the following:
"the authority to grant a pardon to the convicted person until such person has served at least twenty-five years in the penitentiary and that such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary; to provide for the submission of this amendment for".
By striking lines 15 through 18 on Page 3 in their entirety and inserting in lieu thereof the following:
"death. When a sentence of death is commuted to life imprison ment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least twentyfive years in the penitentiary, and such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary."
By striking lines 22 and 23 on Page 4 in their entirety and inserting in lieu thereof the following:
"person until such person has served at least twenty-five years in the penitentiary and that such person shall not become eligible for parole at any time prior to serving at least twenty-five years in the penitentiary?"

On the adoption of the amendment, Senator Kennedy of the 4th 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 Brown of 47th Coverdell Dean of 31st

Duncan Eldridge Fincher Garrard Hamilton of 26th Holley Holloway Howard Hudgins Hudson

McDowell Overby Pearce Robinson Russell Shapard Stephens Summers Tate Thompson

WEDNESDAY, MARCH 3, 1976

2367

Those voting in the negative were Senators:

Ballard Carter Doss Foster Gillis Hamilton of 34th Hill Kennedy

Kidd Langford Lester Lewis McDuffie McGill Reynolds Riley

Stumbaugh Sutton Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th

Starr

On the adoption of the amendment, the yeas were 30, nays 24, and the amendment offered by Senators Pearce of the 16th, Barnes of the 33rd, Banks of the 17th and Thompson of the 32nd 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 taken, 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 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 Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barker Bond

Howard

Tate

Not voting was Senator Dean of the 6th.

On the adoption of the resolution, the yeas were 51, nays 4.

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JOURNAL OF THE SENATE,

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 572. 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 specify the duties and powers of the enforce ment officers employed by the Dept. of Transportation; to provide for other matters; to provide an effective date.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 504. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A bill to amend Code Section 47-107, relating to the salary and al lowances of members of the General Assembly, as amended, so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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 land scape architects.

The House has disagreed to the substitute of the Senate on the following bill of the House:

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 ad ministrative fee.

WEDNESDAY, MARCH 3, 1976

2369

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:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Department Children Act.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Beckham of the 89th, Karrh of the 106th and Howard of the 19th.

The House insists on its position in amending, and has appointed a Com mittee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for limita tions relative to certain actions; to repeal conflicting laws.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Larsen of the 119th, Taggart of the 125th and Lambert of the 112th.

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 resolution of the House:

HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others: A resolution to provide for a new Constitution of the State of Georgia.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Snow of the 1st, Walker of the 115th and Russell of the 53rd.

The House has passed by the requisite constitutional majority the following bill of the Senate:

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JOURNAL OF THE SENATE,

SB 497. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts, so as to provide for additional increased retire ment benefits.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate.

SB 458. By Senator Howard of the 42nd:
A bill to amend Code Chapter 38-2, so as to make inadmissible certain evidence in a prosecution for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible.

SB 466. By Senators Riley of the 1st, Broun of the 46th, Holloway of the 12th and others:
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the purpose of creating the Revenue Shortfall Reserve in lieu of the Working Reserve.

SB 596. By Senator Russell of the 10th:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, so as to change the definition of the term "approved institution".

SB 575. By 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 revise the definition of "public road"; to expand the Dept. of Transportation's authority of public roads; to revise the definition of "self-liquidating".

SB 594. By Senators Lester of the 23rd, Lewis of the 21st and Gillis of the 20th:
A bill to revise and codify the laws of this State regulating motor vehicle franchises, farm machinery franchises, and construction equip ment franchises.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 332. By Senator Brown of the 47th: A resolution authorizing the conveyance of certain State-owned real property located within Elbert County to Elbert County; authorizing

WEDNESDAY, MARCH 3, 1976

2371

the sale and transfer of certain State-owned surplus personal property to Elbert County.

SR 322. By Senator Lewis of the 21st:
A resolution authorizing the conveyance of certain State-owned real property located within Burke County to the Board of Commissioners of Burke County; authorizing the sale and transfer of certain Stateowned surplus personal property to the Board of Commissioners of Burke County.

SR 282. By Senator Doss of the 52nd:
A resolution authorizing the conveyance of certain real property in Floyd County, Georgia.

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

HR 398. By Representatives Collins of the 144th, Mullinax of the 69th, Murphy of the 18th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage over all economic development and to provide incentives for the location of new and expanding manufacturing and production facilities by providing that the governing authority of any county or municipality, subject to the approval of the electors of such political subdivision, may exempt from ad valorem taxation all or a part of the value of certain tangible personal property consisting of all or any combination of the following types of tangible personal property: inventory of goods in the process of manufacture or production, inventory of finished goods manufactured or produced in the State of Georgia, and inventory of finished goods in transit to a final destination outside the State of Georgia; to provide for definitions; to provide for inventory records in certain instances; to provide for a twelve-month period of exemption on certain property; to provide for a minimum period of exemption from taxation when the authority granted herein is exercised; to provide procedures for rev ocation of any exemptions granted; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied

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JOURNAL OF THE SENATE,

for educational purposes and for State purposes, all or any combina tion of the following types of tangible personal property:

(1) Inventory of goods in the process of manufacture or pro duction which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia. The exemption provided for herein shall apply only to tangible personal property which is substantially modified, altered or changed in the ordinary course of the taxpayer's manu facturing, processing or production operations in this State.

(2) Inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manu factured.

(3) Inventory of finished goods which, on the first day of January, are stored in a warehouse, dock or wharf, whether public or private, and which are destined for shipment to a final destina tion outside the State of Georgia and inventory of finished goods which are shipped into the State of Georgia from outside this State and stored for transshipment to a final destination outside this State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is stored in this State. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being 'in transit' upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the prop erty, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such 'in transit' property, shall be at all times open to the inspection of all taxing authorities of this State and of any political subdivision of this State.
As used in this Paragraph, the following words, terms and phrases are defined as follows:
(a) 'Finished Goods' shall mean goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources, or raw materials, or goods in the process of manufacture or production, or the stock-intrade of a retailer.
(b) 'Raw Materials' shall mean any material whether crude or processed that can be converted by manufacture, processing, or combination into a new and useful product, but shall not include unrecovered, unextracted, or unsevered natural resources.

WEDNESDAY, MARCH 3, 1976

2373

Whenever the governing authority of any county or municipal ity wishes to exempt such tangible property from ad valorem taxa tion, as provided herein, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate ques tions the type or types of property as defined herein which are being proposed to be exempted from taxation. The election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call.
The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Commissioner, exempt from taxation 20%, 40%, 60%, 80% or all of the value of such tangible personal property as defined herein. Provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner; provided, that such increase shall be in increments of 20%, 40%, 60%, or 80% of the value of such tangible personal property as defined herein, within the discretion of such governing authority.
If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next ensuing calendar year, otherwise such exemption may'not be granted. Exemptions may only be revoked by a referendum election called and conducted as provided herein; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum."
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 governing authority of any county or municipality,
( ) NO subject to the approval of the electors of such political subdivision, to exempt from ad valorem taxation all or a part of the value of certain tangible personal property held in certain inventories?"

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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 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 taken, 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
mil
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

Young

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

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

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

WEDNESDAY, MARCH 3, 1976

2375

SB 466. By Senators Riley of the' 1st, Broun of the 46th, Holloway of the 12th and others:
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the purpose of creating the Revenue Shortfall Reserve in lieu of the Working Reserve.

The House amendment was as follows: Amend SB 466 by adding a new Section to read as follows: "The effective date of this Act shall be July 1, 1976."

Senator Riley of the 1st moved that the Senate agree to the House amendment to SB 466.

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 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 Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

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

Those not voting were Senators :

Bond Hamilton of 34th

Holloway (presiding) Starr

Tate Tysinger

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 466.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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JOURNAL OF THE SENATE,

SB 458, By Senator Howard of the 42nd:
A bill to amend Code Chapter 38-2, so as to make inadmissible certain evidence in a prosecution for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible.

The House amendment was as follows:

Amend SB 458 by striking the first four words of line 13, Page 2, and by substituting in lieu thereof:
"a hearing out of the presence of the jury".

Senator Howard of the 42nd moved that the Senate disagree to the House amendment to SB 458.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 458.

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

HR 495. By Representatives Kilgore of the 65th, and Parkman and Glanton of the 66th:
Senate Sponsor: Senator Dean of the 31st.
A resolution authorizing the conveyance of certain real property located in Douglas 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, a roll call was taken, 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 Hill Holley Howard Hudgins Hudson Kennedy Kidd

WEDNESDAY, MARCH 3, 1976

2377

Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Bond Hamilton of 34th

Holloway (presiding) Pearce

Starr Tysinger

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

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

HR 662. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
Senate Sponsor: Senator Broun of the 46th.
A resolution authorizing the conveyance of certain State-owned real property located within Oconee County to the Oconee County Board of Commissioners; authorizing the sale and transfer of certain Stateowned surplus personal property to the Oconee County Board of Com missioners.

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

On the adoption of the resolution, a roll call was1 taken, 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 Foster Garrard

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

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

2378

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Bond Fincher

Hamilton of 34th Holloway (presiding) Pearce

Timmons Tysinger

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 807. By Representatives Culpepper of the 98th and Walker of the 115th:
Senate Sponsor: Senator Carter of the 14th.
A resolution authorizing the conveyance of certain State-owned real property located within Macon County to the Macon County Recreation Commission; authorizing the sale and transfer of certain State-owned surplus personal property to the Macon County Recreation Commission.

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

On the adoption of the resolution, a roll call was taken, 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 Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th

Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford I/ester 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:

Bond Coverdell Dean of 31st

Fincher Hamilton of 34th

Holloway (presiding) Pearce

On the adoption of the resolution, the yeas were 49, nays 0.

WEDNESDAY, MARCH 3, 1976

2379

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

HE 809. By Representatives Mann, Clark, and Milford of the 13th and Russell of the 64th:
Senate Sponsor: Senator Broun of the 46th.
A resolution authorizing the conveyance of certain State property owned by the Board of Regents of the University System of Georgia.

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

On the adoption of the resolution, a roll call was taken, 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 Doss Duncan Eldridge Foster Garrard Gillis

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

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

Those not voting were Senators:

Bond Coverdell Dean of 31st

Pincher Hamilton of 34th Holloway (presiding)

Pearce Young

On the adoption of the resolution, the yeas were 48, nays 0.

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

HB 533. By Representative Knight of the 67th:
Senate Sponsor: Senator Duncan of the 30th.
A bill to amend Section 92-3105 of the Code of Ga. relating to the defi nition of the term "exempt organization" for income tax purposes, to clarify the definition of the word exempt organization.

2380

JOURNAL OF THE SENATE,

The Senate Committee on Banking, Finance and Insurance offered the fol lowing amendment:

Amend HB 533 by adding on Page 2, between lines 1 and 2, two new subparagraphs to subsection (a) of Code Section 92-3105, which subparagraphs shall read as follows:

"(3) Building and loan associations and cooperative banks without capital stock, organized and operated for mutual purposes and without profit.

(4) Banks and trust companies, including savings banks in corporated under the banking laws of this State or of the United States, doing a general banking business.'

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, as amended, was agreed to.

On the passage of the bill, a roll call was taken, 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 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
Warren
Young

Those not voting were Senators :

Bond Fincher Hamilton of 34th

Holloway (presiding) Pearce

Russell Tysinger

On the passage of the bill, the yeas were 49, nays 0.

WEDNESDAY, MARCH 3, 1976

2381

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

HB 541. By Representative Ham of the 80th:
Senate Sponsor: Senator Overby of the 49th.
A bill to provide for the manner and method of disclosure of fees and reimbursable expenses paid by the city, county, municipality or munic ipal corporation, or by any authority, created, authorized, or provided for by State law, or by any board, bureau, commission, committee, de partment, institution, office, retirement system, or any other agency 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, a roll call was taken, 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
Poster

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
Sutton
Tate
Thompson
Timmons
Traylor
Turner
Warren

Those not voting were Senators:

Bond Duncan Hamilton of 34th

Holloway (presiding) Hudgins Russell

Tysinger 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 message was received from the House through Mr. Ellard, the Clerk thereof:

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JOURNAL OF THE SENATE,

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate and House:

HB 1713. By Representative Miles of the 86th:
A bill to amend an Act creating a Merit System in Richmond County for employees of Richmond County so as to provide what employees should be placed under or exempt from the Merit System of Richmond County, Georgia.

SB 565. By Senator Broun of the 46th:
A bill to amend Code Chapter 26-14, relating to arson and related offenses, so as to provide that it shall be unlawful for any person to damage any dwelling house, building, vehicle, railroad car, watercraft or any other structure in which another has a security interest in cluding, but not limited to, a mortgage, lien or conveyance to secure debt, by means of fire or explosives.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 284. By Senators Foster of the 50th, Starr of the 44th, Banks of the 17th and others:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to exempt from ad valorem taxation all or a part of the value of tangible property used in or as a part of any facility which property shall have been installed as a solar energy heating or cooling system.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:
SR 313. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution to provide for the succession to office of any elected Constitutional Executive Officer

WEDNESDAY, MARCH 3, 1976

2383

upon a determination of physical or mental disability by the Supreme Court of Georgia; to provide for the submission of this amendment for ratification or rejection.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

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 nonprofit organizations; to provide for submission of this amendment for ratifica tion or rejection.

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

HB 718. By Representatives Dean of the 29th, Glover of the 32nd, Brown of the 34th and others:
Senate Sponsor: Senator Garrard of the 37th.
A bill to amend an Act requiring the State Department of Human Re sources (formerly Department of Public Health) in cooperation with the State Board of Education, to promulgate rules and regulations providing for eye, ear and dental examinations for students in the public schools of this State, so as to promulgate rules and regulations providing for a nutritional evaluation of students in the public schools of this State.

The Senate Committee on Human Resources offered the following amend ment to HB 718:
Amend HB 718 by adding on Page 2, line 16, after the word "avail able" the following:
"and provided that State funds are appropriated specifically for the funding of the nutritional evaluation set out in this Act".

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, amended, was agreed to.

On the passage of the bill, a roll call was taken, 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 Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

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

Those not voting were Senators:

Bond Coverdell Hamilton of 34th

Holloway (presiding) Hudgins Hudson

McDuffie Russell Traylor

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 1428. By Representatives Davis and Tolbert of the 56th, Harden of the 154th and others:
Senate Sponsor: Senator Warren of the 43rd.
A bill to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes due and notices of assessments sent to taxpayers of counties and munici palities.

Senators Holley of the 22nd and Lester of the 23rd offered the following amendment:

Amend HB 1428 by inserting on Page 1, line 4, between the word "municipalities" and the word "to" the following:
"To amend Code Section 92-5702, relating to the meaning of "fair market value", as amended by an Act approved March 21, 1958 (Ga. Laws 1958, p. 358) and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), so as to provide that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year;"

WEDNESDAY, MARCH 3, 1976

2385

and

By eliminating on Page 3, Sections 3, 4 and 5 in their entirety and substituting in lieu thereof the following:

"Section 3. Code Section 92-5702, relating to the meaning of "fair market value", as amended by an Act approved March 21, 1958 (Ga. Laws 1958, p. 358) and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), is hereby amended by adding a new sub section at the end of said Code Section, to be designated subsection (b), to read as follows:

(b) Provided, however, that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year.,

so that Code Section 92-5702, when so amended, shall read as follows:

92-5702. 'Fair market value', meaning of. (a) The intent and purpose of the tax laws of this State are to have all property and subjects of taxation returned at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced sale thereof, and the words 'fair market value', when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold. The tax assessors, in determining the fair market value of real property, shall consider the following criteria:

(1) existing zoning of property;

(2) existing use of property;

(3) existing covenants or restrictions in deed dedicating the property to a particular use; or

(4) any other factors deemed pertinent in arriving at fair market value.

(b) Provided, however, that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. An Act approved April 24, 1975 (Ga. Laws 1975, p. 1083), is hereby repealed in its entirety.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed."

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JOURNAL OP THE SENATE,

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, was agreed to as amended.

On the passage of the bill, a roll call was taken, 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
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 Sutton Tate Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Bond Duncan Foster

Hamilton of 34th Holloway (presiding)

Hudgins Russell

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1921. By Representatives Davis, Tolbert, and Floyd of the 56th and others:
Senate Sponsor: Senator Warren of the 43rd.
A bill to repeal Code Section 32-1107, relating to the expense of elec tions to determine whether there shall be local taxation for the support of common or public schools; to repeal Code Section 32-1109, relating to elections on the question of local taxation for school purposes within municipalities maintaining a system of public schools by local taxation.

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

WEDNESDAY, MARCH 3, 1976

2387

On the passage of the bill, a roll call was taken, 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

Garrard Gillis Hamilton of 26th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

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

Those not voting were Senators:

Ballard Foster Hamilton of 34th

Hill Holloway (presiding) Hudgins

McGill Tate

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

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

HB 1672. By Representatives Castleberry of the lllth, Ware of the 68th, Peters of the 2nd and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Chapter 56-13, relating to fees and taxes as amended, so as to provide that certain information shall be confidential and privileged; to prohibit the disclosure of certain confidential informa tion; to provide for exceptions.

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

On the passage of the bill, a roll call was taken, 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

2388

JOURNAL OF THE SENATE,

Garrard Gillis Hamilton of 26th Holley Howard 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 not voting were Senators:

Coverdell Duncan Foster

Hamilton of 34th Hill Holloway (presiding)

Hudgins Overby

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

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

The President resumed the Chair.

The following bills of the Senate were taken up for the purpose of considering House action thereto:

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 mod ernize the laws of this State relating to the licensure and regulation of landscape architects.
The House substitute to SB 350 was as follows:
A BILL
To be entitled an Act to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to comprehensively revise, codify and modernize the laws of this State relating to the licensure and regulation of landscape architects; to provide for definitions; to provide for licenses for landscape architects and the qualifications, fees, examinations, terms, practices, procedures and conditions in connection with such licenses; to prohibit certain advertising and the use of certain titles or terms; to provide for exceptions and exclusions; to re-create the Georgia State Board of Landscape Architects; to provide for the members, compensations, duties, powers, authority, officers and terms of office of the board; to provide for a quorum; to provide for rules and regulations; to provide for meetings; to provide for a seal; to provide for temporary and permanent injunctions; to authorize the Attorney Gen eral to institute and maintain certain actions; to provide for bonds; to

WEDNESDAY, MARCH 3, 1976

2389

provide for the issuance, revocation and suspension of licenses; to pro vide for censure; to provide for applications for licenses and the practices and procedures connected therewith; to provide for the qualifications for licensure; to provide for examinations and license fees; to prohibit partnership and corporations from engaging in certain activities; to provide for exceptions; to provide for reciprocal licenses; to provide for temporary licenses; to provide for forms of licenses; to provide that certain activities shall be unlawful; to provide for penalties, to provide for hearings, notices, appeals, practices and procedures; to provide for other matters relative to the foregoing; to provide for severability; to repeal an Act relating to the licensure and regulation of persons as landscape architects, approved March 25, 1958 (Ga. Laws 1958, p. 400), as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 84, relating to professions, businesses and trades, as amended, is hereby amended by adding thereto a new Code Chapter 84-40, to read as follows:

"Chapter 84-40. Landscape Architects.

84-4001. Definitions. As used in this Chapter, the following terms shall have the meanings hereinafter respectively ascribed to them, except where the context clearly indicates that another mean ing is intended:

(a) 'Landscape architecture' shall mean the performance of professional services including, but not limited to, consultation, in vestigation, planning, design, preparation of drawings and specifica tions and responsible supervision, in connection with the preserva tion or determination of proper land uses, natural land features, aesthetics, planting plans, shaping the land to produce the best functional and aesthetic effect, grading plans with determination of drainage, and the consideration and determination of environ mental problems of land areas relating to the public health, safety
and welfare.

(b) 'Landscape architect' shall mean a person who is licensed pursuant to this Chapter to practice or teach landscape architecture.

(c) 'Board' shall mean the Georgia Board of Landscape Archi tects.

84-4002. Landscape Architect, License Required. No person shall offer, attempt or agree to perform, or perform, any act which would constitute the practice of landscape architecture, as defined in Code Section 84-4001 (a), whether as a part of a transac tion or as an entire transaction, unless said person has received a license as a landscape architect, pursuant to the provisions of this Chapter. The commission of a single act by a person required to be licensed under this Chapter and who is not licensed, shall constitute a violation hereof. Notwithstanding any provisions for criminal

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liability, any person who, without possessing a valid unsuspended, unrevoked license as provided in this Chapter, uses the title or term 'landscape architect', in any sign, card, listing, advertisement, or in any other manner that would imply or indicate that he is a landscape architect as defined in this Chapter, may be enjoined.

84-4003. Nothing in this Chapter shall be construed as ex cluding a qualified registered architect or professional engineer from such landscape architectural practice as may be incidental to the practice of his profession; or as excluding a landscape architect registered under the provisions of this Chapter, from such architec tural or engineering practice as may be incidental to the practice of landscape architecture.

84-4004. Exceptions. Except as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to:

(a) A landscape contractor, including a residential landscape contractor, engaging in the business of, or acting in the capacity of a landscape contractor in Georgia under provisions of any law regulating landscape contracting, insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms.

(b) Any person whose services are offered solely as a gardener or nurseryman.

(c) A planner, satisfying the minimum required qualifications for a planner in charge as defined by the State Department of Community Development, whose services are offered or retained as a planner.

None of the foregoing, however, shall use the title 'landscape architect' without complying with the provisions of this Chapter.

84-4005. Georgia State Board of Landscape Architects, (a) The Georgia State Board of Landscape Architects is hereby re created under the Secretary of State and Joint-Secretary, State Examining Boards. The board shall be composed of three members, each of whom shall be appointed by the Governor. Each member shall be a licensed landscape architect who shall be a resident of this State and actively engaged in the practice of landscape archi tecture. The present members of the board shall serve the remainder of their terms of office, as provided by the law under which each was appointed. Upon the expiration of each present member's term of office, a successor shall be appointed for a term of four years, and all succeeding appointments made under this subsection shall
be for four-year terms.

(b) Members on the board shall serve until their successors are appointed and qualified. Vacancies on the board shall be filled by appointment of the Governor and in the same manner as provided in subsection (a) above, for the unexpired term of the member
creating such vacancy.

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2391

(c) Two of the three members so appointed shall constitute a quorum for the transaction of any business of the board. The board shall select from its members, a chairman, and may do all things necessary and convenient for its own government and to carry into effect the provisions of this Chapter, and may promul gate necessary rules and regulations to carry out the provisions of this Chapter, not otherwise inconsistent herewith, including reg ulations governing the professional conduct of persons licensed by the board. The board shall be authorized to meet as often as neces sary in order to conduct its business, but in no event shall the board meet less than twice during every calendar year.

(d) Each member of the Georgia State Board of Landscape Architects shall receive the sums of $25.00 per diem for each day such member is an attendance at a meeting of said board, plus reimbursement for actual transportation costs while traveling by public carrier, or the legal mileage rate for the use of a personal automobile in connection with such attendance.

84-4006. Seal. The board shall adopt a seal, which may be either an engraved or an ink stamped seal, with the words 'State Board of Landscape Architects, State of Georgia' or such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the chairman of the board shall be received in evidence in all cases equally and with like effect as the originals.

84-4007. Attorney General. Whenever, in the judgment of the board, any person who has engaged in any acts or practices which constitute or will constitute a violation of this Chapter, the Attorney General may maintain an action in the name of the State of Georgia to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with this Chapter. The board shall not be required to give bond in any such action.

84-4008. Licensure Regulated. The board shall have the full power to regulate the issuance of licenses and to revoke or suspend licenses issued under the provisions of this Code Chapter and to censure licenses.

84-4009. Application for License. Any person desiring to act as a landscape architect must file an application for a license with the board. The application shall be in such form and detail as the board shall prescribe, setting forth the following:

(a) The name and address of the applicant or the name under which he intends to conduct business, and

(b) Such other information as the board shall require.

84-4010. Qualifications, (a) Each applicant for licensure as a landscape architect shall:

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(1) Be at least 18 years of age.

(2) Shall have had at least eight years of training in the actual practice of landscape architecture; provided that a person holding a degree which requires five academic years of education from a school of landscape architecture, environmental design, or its equivalent approved by the board, may be licensed after having received three years of training in the actual practice of landscape architecture as may be approved by the board, provided that the actual practice shall be subsequent to receiving such undergraduate degree; provided, further that the board may substitute any educa tional experience it deems sufficient which is not otherwise rep resented by the aforementioned undergraduate degree in landscape architecture, environmental design, or its equivalent for any equiv alent term necessary to attain the requisite eight years of ex perience. With no degree in landscape architecture, environmental design, or its equivalent, all actual practice shall be under the direc tion of a licensed landscape architect.
(3) Any person who on the effective date of this Code Chapter is'currently enrolled in a course of study in a school of landscape architecture, environmental design, or its equivalent approved by the board, or who has received a degree from such school, or any person who has on the effective date of this Code Chapter been employed in the office of a landscape architect for not less than one year, may be considered for licensure, pursuant to the provisions required for licensure of landscape architects contained in an Act approved March 25, 1958 (Ga. Laws 1958, p. 400), as amended; provided that any person desiring to be licensed under this para graph shall so notify the board within 180 days after the enactment of the Chapter.

(4) Persons who on the effective date of this Chapter hold licenses as landscape architects heretofore issued under laws of this State shall not be required to obtain additional licenses under this Chapter, but shall otherwise be subject to all applicable provisions of this Chapter including renewal of said license; and such license heretofore issued shall be considered licensed for all purposes under this Chapter and subject to the provisions hereof.

(b) The applicant for licensure must pass a written examina tion generally covering the matters confronting landscape architects. The examination shall cover such matters as are reasonably calcu lated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing.

84-4011. License Fees, (a) Every applicant for licensure as a landscape architect shall submit with his application for such li censure, a fee to be determined by the board which shall be suf ficient to cover the costs of examination. If the applicant success fully passes the examination, and is otherwise qualified for licen sure as a landscape architect, the board shall thereafter, upon pay ment of a fee to be determined by the board, issue a license to the

WEDNESDAY, MARCH 3, 1976

2393

applicant which shall cover the remaining period of the current biennial licensing period. All licenses shall expire at midnight on the 31st day of December in each even-numbered year. The biennial license renewal fees shall be an amount established by the board and shall be due before September 1, prior to the expiration of the current license. Any license renewal received between September 1 and December 31 of the year in which the current license expires shall be accompanied by a penalty equal to ten percent of the regular licensing fee, in addition to the regular licensing fee. Any renewal not received prior to December 31 of the year in which the current license expires, shall be renewed upon payment of the regular biennial licensing fee plus a penalty of fifty percent of that fee. Any license not renewed within one year after the ex piration of the current license, shall not be renewed.
(b) Any check presented to the board as a fee for either an original or renewal license which is returned unpaid shall be cause for revocation or denial of the license.

84-4012. Corporations and Partnerships. Any partnership or corporation may engage in the practice of landscape architecture as defined in this Chapter provided that any service which constitutes the practice of landscape architecture shall be supervised by a duly licensed landscape architect who shall be responsible for the services furnished by said partnership or corporation which would otherwise fall within the purview of this Chapter. In no event shall the other members of the partnership, firm or corporation be designated or described as landscape architects, if they are not so licensed, and the term landscape architect or any abbreviation thereof or any other designation which conveys the meaning of landscape architect shall not appear in any partnership or corporate name in which any person is identified who is in fact not a licensed landscape architect. Upon approval of the board, any partnership, firm or corporation may operate branch offices in this State to provide landscape architectural services, provided that each branch office has a resident landscape architect licensed under this Chapter.

All classified directory listings of corporations or partnerships offering landscape architectural services shall include the name of a duly licensed landscape architect.

84-4013. Reciprocal Licenses. The board may certify an ap plicant for registration without examination who is legally regis tered as a landscape architect in any state, country or political en tity whose requirements for registration are substantially equivalent to the requirements provided in this Chapter and which state, coun try or political entity extends the same privilege of reciprocity to landscape architects registered in this State. Such application shall be accompanied by the same licensing fee as required of other land scape architects; provided such fee shall be returned if the license
is not granted.

84-4014. Temporary License. Any landscape architect, duly registered in any other state or country, may be issued a temporary

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JOURNAL OF THE SENATE,

license as a landscape architect for a stipulated site and project within this State provided such person:
(a) Requests a temporary license on a form provided by this board.
(b) Presents evidence satisfactory to the board that he is competent to practice landscape architecture as the term is defined in this State.
(c) Has attained the age of 18 years.
(d) Pays a fee to be determined by the board for such tem porary license.
84-4015. Form of the License. The board shall prescribe the form of the license. Each license shall have placed thereon the seal of the board. The license of each landscape architect shall be de livered or mailed to the landscape architect. It shall be the duty of a landscape architect to conspicuously display his license in his place of business.
84-4016. Any person who shall practice the profession of landscape architecture or represent himself as a 'landscape archi tect' or act as such, as defined in this Chapter, without first obtain ing a license to do so as provided in this Chapter or when such license is revoked, shall be guilty of a misdemeanor and upon con viction thereof punished as provided by law.
84-4017. License Revocation, Suspensions and Censures. The board may, upon its own motion, and shall, upon the sworn com plaint in writing of any person, investigate the actions of any li censed landscape architect and shall have the power to censure said licensee or to revoke or suspend any license issued under this Chapter whenever the board concludes that said licensee has violated any provision of this Chapter or whenever the board has determined that the licensee:

(a) Has obtained a license by false or fraudulent representa tions ;

(b) Has impersonated another landscape architect or former landscape architect with the same or similar name, or is practicing under an assumed or misleading name, to include practicing under a partnership or corporate name in which any person who is not a landscape architect is named;

(c) Has aided or abetted an unlicensed person in the practice of landscape architecture;

(d) Has been convicted of a felony or other crime involving moral turpitude;

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2395

(e) Has, in the practice of landscape architecture, been guilty of fraud, deceit, negligence or incompetence;

(f) Has affixed his signature to plans, drawings, specifications or other instruments of service, which have not been prepared by him or under his immediate and responsible direction, or has per mitted his name to be used for the purpose of assisting any person, not a landscape architect to evade the provisions of this Chapter.

84-4018. Hearings, Appeals. Any action taken by the board with respect to any license issued under this Chapter shall be in accordance with the provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as the same may now or hereafter be amended.

84-4019. Any person violating any provision of this Chapter shall be guilty of a misdemeanor."

Section 2. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 3. An Act relating to the licensure and regulation of per sons as landscape architects, approved March 25, 1958 (Ga. Laws 1958, p. 400), as amended, is hereby repealed in its entirety.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th moved that the Senate agree to the House substitute to SB 350.
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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Kennedy Kidd Langford Lester Lewis

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JOURNAL OP THE SENATE,

McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Summers Button

Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Duncan Fincher Foster

Howard Hudgins Hudson

Stumbaugh Tate Turner

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 350.

SB 504. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A bill to amend Code Section 47-107, relating to the salary of members of the General Assembly, so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely.

The House substitute to SB 504 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), an Act approved March 16, 1972 (Ga. Laws 1972, p. 248), and an Act approved March 20, 1975 (Ga. Laws 1975, p. 155), and as changed by an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely; to provide for penalties; to provide for examination and review of legislative expenditures, including vouchers; to repeal Code Section 47-110, relating to the auditing of accounts of members and officers of the General Assembly; 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 al lowances of members of the General Assembly, as amended by an Act

WEDNESDAY, MARCH 3, 1976

2397

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), an Act approved March 16, 1972 (Ga. Laws 1972, p. 248), and an Act approved March 20, 1975 (Ga. Laws 1975, p. 155), and as changed by an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), is hereby amended by striking in the first sentence the words:

"an annual",

and inserting in lieu thereof the word:

and by adding after the sentence:
"All such allowances shall be paid upon the submission of proper vouchers.",
the following:
"No member shall receive any expense allowance, mileage al lowance or travel allowance for service as a member of any com mittee, board, bureau, commission or other agency as provided in this Section unless such member has personally performed such service and has personally incurred the expense for mileage or travel. Each member of the General Assembly submitting a voucher shall certify that such member personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct. The voucher shall contain such a certificate for the member to sign. It shall be unlawful for any member to make such a certificate willfully, knowing it to be false, and any member convicted of making such a false certificate shall be punished by a fine of not more than $1,000.00 or by imprisonment of not less than one nor more than five years, or both."
and by striking the following:
", except for longevity payments,";
and by adding at the end of said Section the following:
"The Senate Rules Committee shall designate an audit sub committee to examine and review, not less than once each two months, legislative expenditures, including all vouchers submitted by members of the Senate as provided in this Section, for which the members have received payment. The subcommittee is authorized to issue reports of its examination and review. The Journals Com mittee of the House of Representatives shall examine and review, not less than once each two months, legislative expenditures, includ ing all vouchers submitted by members of the House of Representa-

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JOURNAL OF THE SENATE,

tives as provided in this Section, for which the members have re ceived payment. The committee is authorized to issue reports of its examination and review.";

so that when so amended Code Section 47-107 shall read as follows:

"47-107. Salary and allowances of members and officials. Each member of the General Assembly shall receive a salary of $7,200.00 per annum to be paid in equal monthly installments. The Speaker of the House of Representatives shall receive an additional amount of $17,800.00 per annum, the Speaker Pro Tempore of the House of Representatives shall receive an additional amount of $2,800.00 per annum, and the President Pro Tempore of the Senate shall receive an additional amount of $2,800.00 per annum. The Majority Leader, the Minority Leader, and the Administration Floor Leader of the House of Representatives, and the Majority Leader, the Minority Leader, the Administration Floor Leader and the Assistant Admin istration 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 Representatives. All of such additional amounts shall also be paid in equal monthly installments. During regular and extraordinary sessions of the General Assembly each member shall also receive the sum of $36.00 per day as an expense allowance. Each member shall also receive a mileage allowance at the rate of 10? per mile for not more than one round trip per calendar week, or portion thereof, during each regular and extra ordinary session to and from their residences and the State Capitol by the most practical route. For each day's service within the State as a member of an interim committee created by or pursuant to a resolution of either or both Houses or as a member of a com mittee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution, such member shall receive the sum of $36.00 per day as an expense allowance and a mileage allowance at the rate of 10S per mile or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for an interim committee to rent a meeting room in the performance of the duties of the committee, the committee chairman must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service without the State as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus a mileage allowance at the rate of lOtf per mile or a travel allowance of actual trans portation costs if traveling by public carrier or by rental motor vehicle. All such allowances shall be paid upon the submission of proper vouchers. No member shall receive any expense allowance, mileage allowance or travel allowance for service as a member of any committee, board, bureau, commission or other agency as pro vided in this Section unless such member has personally per-

WEDNESDAY, MARCH 3, 1976

2399

formed such service and has personally incurred the expense for mileage or travel. Each member of the General Assembly submitting a voucher shall certify that such member personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct. The voucher shall contain such a certificate for the member to sign. It shall be unlawful for any mem ber to make such a certificate .willfully, knowing it to be false, and any member convicted of making such a false certificate shall be punished by a fine of not more than $1,000.00 or by imprisonment of not less than one nor more than five years, or both. No member of the General Assembly shall receive any compensation, salary, per diem, expenses, allowances, mileage, costs or any other remunera tion whatsoever for service as a member of the General Assembly, other than as provided in this Section. The Senate Rules Committee shall designate an audit subcommittee to examine and review, not less than once each two months, legislative expenditures, including all vouchers submitted by members of the Senate as provided in this Section, for which the members have received payment. The sub committee is authorized to issue reports of its examination and review. The Journals Committee of the House of Representatives shall examine and review, not less than once each two months, leg islative expenditures, including all vouchers submitted by members of the House of Representatives as provided in this Section, for which the members have received payment. The committee is au thorized to issue reports of its examination and review."

Section 2. Code Section 47-110, relating to the auditing of accounts of members and officers of the General Assembly, is hereby repealed 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 Holloway of the 12th moved that the Senate agree to the House substitute to SB 504.

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 Garrard Gillis Hamilton of 26th Hamilton of 34th

Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell

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JOURNAL OF THE SENATE,

McDuffie McGill Overby Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Duncan Fincher

Foster Hill Hudgins

Hudson Stumbaugh

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agree to the House substitute to SB 504.

SB 596. By Senator Russell of the 10th: A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, so as to change the definition of the term "approved institution".
The House amendment to SB 596 was as follows:
Amend SB 596 by adding in Section 1 on line 13 of Page 1, between the word "by" and the word "adding", the following:
"by adding in Section 3 in the paragraph which defines the term 'approved institution', immediately following the word 'any', the word 'nonproprietary' and by".
By adding in Section 1 on line 25 of Page 1, after the word "any", the word "nonproprietary".

Senator Russell of the 10th moved that the Senate agree to the House amend ment to SB 596.
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 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 Hamilton of 34th Holley Howard Kennedy Kidd Langford Lewis McDuffie

WEDNESDAY, MARCH 3, 1976

2401

McGill Overby
Reynolds Riley Robinson Russell Shapard

Stephens Stumbaugh
Summers Sutton Tate Thompson Timmons

Traylor Turner
Tysinger Warren Young

Those not voting were Senators:

Brantley Duncan
Hill Holloway

Hudgins Hudson
Lester McDowell

Pearce Starr

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 596.

The following resolution of the Senate was taken up for the purpose of con sidering the House substitute thereto:

SR 284. By Senators Foster of the 50th, Starr of the 44th, Banks of the 17th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to exempt from ad valorem taxation all or a part of the value of tangible property used in any facility which property shall have been installed as a solar energy heating or cooling system.
The House substitute to SR 284 was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of any county or municipality to exempt from all ad valorem taxation all of the value of certain tangible property used in a solar energy heating or cooling system, and all of the value of certain tangible property consisting only of machinery and equipment directly used in the manufacture of solar energy heating or cooling systems; to provide for definitions; to provide for the submission of this amendment for ratification or rejection; to provide for the nullification and repeal of such exemption; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof, the following:
"The governing authority of any county or municipality may exempt from ad valorem taxation, including all such taxes levied for State, county, municipal, or school purposes, all of the value of

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JOURNAL OF THE SENATE,

certain tangible property used in a solar energy heating or cooling system, and all the value of certain tangible property consisting only of machinery and equipment directly used in the manufacture of solar energy heating or cooling systems. For the purposes of this subparagraph, solar energy heating or cooling systems shall mean and include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating or cooling. For the purposes of this exemption, the term 'heating' shall also mean and include water heating and drying. This subparagraph shall be repealed and shall be null and void effective July 1, 1986."

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 local governments to exempt solar energy equipment
( ) NO from ad valorem property taxes until 1986?"

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 Foster of the 50th moved that the Senate agree to the House substitute to SR 284.

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 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 Hudson

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

WEDNESDAY, MARCH 3, 1976

2403

Robinson Russell Shapard Starr Stumbaugh

Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Hill

Holloway Hudgins

Stephens

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 284.

The following bill and resolution of the House were taken up for the purpose of considering House action thereto:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

Senator Fincher of the 54th moved that the Senate adhere to its amendments to HB 1186 and that a Conference Committee be appointed.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to its amendments to HB 1186.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Shapard of the 28th, Garrard of the 37th and Bond of the 39th.

HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution to provide for a new Constitution of the State of Georgia.

Senator Lewis of the 21st moved that the Senate adhere to its amendments to HR 462, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its amendments to HR 462.

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

2404

JOURNAL OF THE SENATE,

Senators Lewis of the 21st, Barnes of the 33rd and Banks of the 17th.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 575. By 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 revise the definition of "public road"; to expand the Department of Transportation's authority of public roads; to revise the definition of "self-liquidating".
The House amendment was as follows:
Amend SB 575 by inserting the following words on Page 3, line 21 following the word "with":
"not more than 25% off".

Senator Reynolds of the 48th moved that the Senate agree to the House amendment to SB 575.

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 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 Holley Holloway Howard Hudgins Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Bell Duncan

Fincher Hudson Kidd

Russell Timmons

WEDNESDAY, MARCH 3, 1976

2405

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 575.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bills of the House:

HB 1302. By Representative Lane of the 31st:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to creditable service for leaves of absence.

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.

The House has disagreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
A bill to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now Employment Security Law), so as to replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

The House has disagreed to the Senate substitutes to the following bills of the House:

HB 1848. By Representatives Clark, Mann and Milford of the 13th and others:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws of this State relative to game and fish, so as to provide that a wildlife ranger, after a minimum number of years of service, upon leaving the Department of Natural Resources under honorable conditions, may retain his weapon and badge under certain circumstances.

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JOURNAL OF THE SENATE,

HB 1706. 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 that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps.

The House has appointed a Committee of Conference on the following bill of the Senate:

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 and 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.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Russell of the 64th, Johnson of the 72nd and Childers of the 15th.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 460. By Representative Brown of the 34th:
A bill to amend Section 92-5102 to require separate executions for separate parcels of land in the City of Atlanta for delinquent municipal taxes.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.
Senator Tysinger of the 41st moved that the Senate insist upon its amend ment to HB 2074.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon its amendment to HB 2074.

WEDNESDAY, MARCH 3, 1976

2407

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 313. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution to provide for the succession to office of any elected Constitutional Executive Officer upon a determination of physical or mental disability by the Supreme Court of Georgia; to provide for the submission of this amendment for ratification or rejection.

The House amendment was as follows:
Amend SR 313 by adding at the end of paragraph 1 on Page 2, line 10, the following:
"The Supreme Court shall by appropriate rule provide for a speedy and public hearing including notice of the nature and cause of the accusation, process for obtaining witnesses and the assistance of Counsel."
Senator Starr of the 44th moved that the Senate agree to the House amendment to SR 313.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks

Hill

Barnes

Holley



Bell

Howard

Bond

Hudgins

Brantley

Hudson

Brown of 47th

Kennedy

Carter

Langford

Coverdell

Lewis

Dean of 6th

McDowell

Dean of 31st

McDuffie

Doss

McGill

Eldridge

Overby

Foster

Pearce

Garrard

Reynolds

Gillis

Riley

Hamilton of 26th

Robinson

Those not voting were Senators:

Ballard Barker Broun of 46th Duncan

Fincher Hamilton of 34th Holloway Kidd

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

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JOURNAL OF THE SENATE,

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 313.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 287 was as follows:
A BILL
To be entitled an Act to regulate the practice of orthotics; to provide a short title; to define certain terms; to authorize the State Board of Medical Examiners to examine and register persons practicing orthotics; to provide for rules; to provide for registration of present orthotists; to provide for reciprocity; to provide for qualifications, examination and registration of orthotists; to provide for fees; to provide for refusal, revocation and suspension of registration; to provide for an Orthotics Assistant Program; to make certain practices illegal; to provide for enforcement; to provide for administrative procedures; to provide for administration by the Joint-Secretary, State Examining Boards; to provide exceptions; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short Title. This Act shall be known and may be cited as the "Orthotists Practice Act."
Section 2. Definitions. As used in this Act, unless the context or subject matter clearly requires otherwise, the following terms shall have the following meanings:
(a) "Orthotist" means a person who measures, designs, builds, fits and services braces and supports (orthoses) prescribed by doctors of medicine or podiatrists licensed under Code Chapter 84-6, as now or hereafter amended, for the support or correction of neuro-musculoskeletal diseases, injuries or deformities.
(b) "Orthotic appliance" means a brace or support but does not include fabric and elastic supports, corsets, arch supports, trusses, elastic hose, canes, crutches and soft and hard cervical collars carried in stock and sold by drugstores, department stores and corset shops.

WEDNESDAY, MARCH 3, 1976

2409

(c) "Orthotist assistant" means a person who assists the orthotist in providing care to patients with disabling conditions of limbs and spine by fabricating and fitting orthotic appliances. With the guidance of and in consultation with the orthotist, the orthotist assistant makes assigned casts, measurements, model modifications and layouts; per forms fitting, including static and dynamic alignments; evaluates orthosis on patient to assure maximum fit, function, cosmesis and work manship ; and performs repairs to and maintenance of orthotic appliances as assigned. The orthotist assistant must keep abreast of all new fabricating techniques and may be assigned responsibility for the per formance of other support personnel.

(d) "Certified facility" means a facility which employs a registered orthotist.
(e) "Joint-Secretary" means the Joint-Secretary, State Examining Boards, as established by Georgia Code Chapter 84-1.
(f) "Board" means the State Board of Medical Examiners, as established by Georgia Code Chapter 84-9.

Section 3. Powers and Duties of Board. The State Board of Medical Examiners shall promulgate reasonable rules to carry out the provisions of this Act relative to the examination and registration of orthotists. The board shall adopt reasonable rules regulating the practice of orthotics, but not in conflict with the provisions of this Act. The board shall keep a record of its proceedings under this Act and a register of all persons registered under it.

Section 4. Registration of Present Orthotists; Fee. The board shall register as a registered orthotist, without examination, on the payment of the required fee, any person who shall apply for such registration within six months after passage of this Act and who at the time of the passage of this Act was certified by and in good standing with the American Board for Certification as an orthotist, provided such ap plicant is a citizen of the State of Georgia. Those persons, citizens of Georgia, who are not certified by the American Board for Certification, but who are actually engaged in the measuring, building and fitting of orthotic appliances, and who have had four years' experience working in a facility certified by such American Board for Certification, and who meet all the other qualifications set forth in this Act must present themselves for examination and successfully pass the same within two years after the effective date of this Act. At the time of making such application, the applicant shall pay the board a fee to be prescribed by the board.
The board shall register as an orthotist any person who applies for such registration and who, at the time of the passage and approval of this Act, is certified by the American Board for Certification.

Section 5. Reciprocity. The board may, in its discretion, register as an orthotist, without examination, on the payment of the required fee, an applicant for registration who is an orthotist registered under the laws of another state or territory, if the requirements for registration

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JOURNAL OF THE SENATE,

of orthotists in the state or territory in which the applicant was registered were at the date of his registration substantially equal to the requirements in force in this State and if the state or territory whence the applicant comes accords a similar privilege of registration without examination to holders of certificates as registered orthotists under this Act. The board may also, in its discretion, register as an orthotist, without examination, on the payment of the required fee, an applicant for registra
tion who is an orthotist certified by the American Board for Certification.

Section 6. Qualifications for Registered Orthotists. Any person meeting the qualifications of the board and who desires to become registered by the board must submit by a certain date established by the board a completed application to the Joint-Secretary on forms pre scribed by the board and carrying the required signatures and application fee. Applications, once submitted, cannot be returned although original documents accompanying applications will be returned.

Section 7. References and Attestations, (a) The applicant for ex amination must submit names of persons who can attest to his character and integrity, both personally and professionally.

(b) The applicant must be recommended by three or more physicians or surgeons licensed under the provisions of Georgia Code Chapter 84-9, as amended, and two registered orthotists.

Section 8. Education and Tenure, (a) The applicant must establish that he has a high school diploma or its equivalent and at least a minimum of four years of experience in orthotics by the date set for the receipt of the applications. Of the four years of required experience, a minimum of two years shall be required in responsible fitting under the super vision of registered personnel. The applicant must also have attended at least three short courses from accredited school in orthotics.
(b) Experience during this period shall include adequate experience with hand and power tools, the use of various materials in the fabrication of orthotic appliances of all types, following a physician's prescription.
(c) Pitting during this period shall mean that the applicant has been responsible for measuring patients for all types of appliances, for following the fabrication process of these appliances and for applying these appliances to patients under the supervision of a registered orthotist.
(d) Experience supervised by a person other than a registered orthotist or gained outside of the United States will be considered as partial satisfaction of the tenure requirement for registration but never as an equivalent for registration.
Section 9. Application for Registration; Fee. A person who desires to be registered as an orthotist shall apply to the Joint-Secretary, in writing, on blanks to be furnished by the board. He shall embody in such application evidence under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by this Act. He shall pay to the board at the time of filing his application a fee to be determined by the board.

WEDNESDAY, MARCH 3, 1976

2411

Section 10. Examinations. The board shall examine applicants for registration as orthotists at such times and places as it may determine. Examinations shall be offered within the State at least twice each year. The examination shall include a written examination which shall test the applicant's knowledge of anatomy, chemistry, kinesiology, pathology, physiology, physics and psychology as applied to orthotics; orthotics theory and procedures; medical ethics; and such other subjects as the board may deem useful to test the applicant's fitness to practice orthotics.

Section 11. Registration of Successful Applicants. The board shall register as an orthotist each applicant who proves to the satisfaction of the board his fitness for registration under the terms of this Act. It shall issue to each person registered a certificate of registration, which shall be prima facie evidence of the right of the person to whom it is issued to represent himself as a registered orthotist subject to the conditions and limitations of this Act.

Section 12. Renewal of Registration, (a) Every registered orthotist shall, at a time prescribed by the Joint-Secretary, apply to said JointSecretary for a renewal of his registration and pay a renewal fee to be determined by the board. The Joint-Secretary shall determine the expiration, renewal and penalty dates with respect to annual registration. The board shall provide for penalty fees for late registration. The board may, in its discretion, revive and extend a lapsed registration upon the payment of all past unpaid renewal fees and penalties provided herein.

(b) Upon the request of a person in good standing who is a member of the armed forces of the United States and whose duties are in no way related to the practice of orthotics, the registration and good standing status of such person will be maintained during this time of service.

Section 13. Fees. The board is empowered to establish and charge reasonable fees for the administration of applications, examinations, registration and renewal of registration. Such fees shall be com mensurate with the cost of carrying out the provisions of this Act.

Section 14. Refusal, Revocation and Suspension of Registration. The board, after due notice and hearing, may refuse to register any applicant, may refuse to renew the registration of any registered person and may suspend or revoke the registration of any registered person:

(a) who is habitually drunk or who is addicted to the use of narcotic drugs;

(b) who has been convicted of violating any State or federal narcotic law;

(c) who is, in the judgment of the board, guilty of immoral or unprofessional conduct;

(d) who has been convicted of any crime involving moral turpitude;

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JOURNAL OF THE SENATE,

(e) who is guilty, in the judgment of the board, of gross negligence in his practice as an orthotist;

(f) who has obtained or attempted to obtain registration by fraud or material misrepresentations;

(g) who has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane; or

(h) who has treated or undertaken to treat ailments of human beings otherwise than by orthotics and as authorized by this Act or who has undertaken to practice independently of the prescription, direction or supervision of a person licensed in this State to practice medicine and surgery without limitation or a licensed podiatrist.

Section 15. Orthotics Assistant Program. The Orthotics Assistant Program is designed to:

(a) contribute to the highest standard of orthotic patient care;

(b) develop highly skilled professional personnel capable of assisting the certified practitioner in providing orthotic patient care;

(c) give recognition to those persons so trained;

(d) encourage such persons to aspire to the achievement of certifica tion as practitioners if they so desire.

Section 16. Training Credits; Examination, (a) An applicant for recognition by the board as a qualified orthotist assistant who has completed all or part of a formal orthotics educational program offered by an institution accredited by this board shall be awarded such credit to stand for the assistant examination as the board shall from time to time determine.

(b) The examination for orthotist assistant shall cover:

(1) the theories and principles of orthotics;

(2) the technology of hand and power tools commonly used in the profession;

(3) the technology of materials commonly used in the profession;
(4) the measuring, designing, fabricating and fitting of standard orthotic devices according to recognized, accepted techniques.
Section 17. Certificate of Proficiency, (a) Those persons who apply for and meet the requirements of the board for the title of orthotic as sistant and who pay a fee determined by the board shall be entitled:
(1) to receive a certificate of the board attesting to their proficiency;

WEDNESDAY, MARCH 3, 1976

2413

(2) to be listed by the board under the heading of "orthotist as sistant";

(3) to receive such other benefits as the board may authorize.

(b) Every registered orthotist assistant shall, at a time prescribed by the Joint-Secretary, apply to said Joint-Secretary for a renewal of his registration and pay a renewal fee to be determined by the board. The Joint-Secretary shall determine the expiration, renewal and penalty dates with respect to annual registration. The board shall provide for penalty fees for late registration. The board may, in its discretion, revive and extend a lapsed registration upon the payment of all past unpaid renewal fees and penalties provided herein.

Section 18. False Claim of Registration as Orthotist. It shall be unlawful for a person who is not registered under this Act as an orthotist or whose registration has been suspended or revoked or whose registration has lapsed and has not been revived to use in connection with his name the words or letters "R.O.", "Registered Orthotist", or any other letters, words or insignia indicating or implying that he is a registered orthotist or in any other way, orally, or in writing or in print, or by sign, directly or by implication, to represent himself as a
registered orthotist.

Section 19. Fraud in Obtaining Registration as Orthotist. It shall be unlawful for a person to make a wilfully false oath or affirmation in any case in which an oath or affirmation is required by this Act or to obtain or attempt to obtain registration as an orthotist by a fraudulent representation.

Section 20. Illegal Practice by Registered Orthotist. A person registered under this Act as an orthotist shall not treat human ailments by orthotics or otherwise except under the prescription, supervision and direction of a person licensed to practice medicine or podiatry. Nothing in this Act shall be construed as authorizing an orthotist, whether regis tered or not, to practice any other form or method of healing as authorized by the laws of Georgia.

Section 21. Practice without License Illegal. No person shall engage in the measuring and fitting of orthotic appliances unless he is registered under the provisions of this Act or exempt from registration and in compliance with the other provisions of this Act. Nothing in this Act, however, shall be construed to prevent a person licensed or certified under any other law from engaging in the profession for which he is licensed, provided that he does not identify himself as an orthotist.

Section 22. Duty of Enforcement. The Joint-Secretary, State Ex amining Boards, is hereby vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this Act as he or the board or any district attorney may deem nec essary or advisable, and the result of all investigations shall be reported to and the records thereof shall be kept by the board.

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JOURNAL OF THE SENATE,

Section 23. Injunction to Prevent Violation. Whenever it shall ap pear to the board that any person is or has been violating any provisions of this Act or any of the lawful rules, regulations or orders of the board, the board or the appropriate district attorney may file a petition for injunction in the proper superior court of this State against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided by law.
Section 24. Administrative Procedures. This Act shall be adminis tered in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.
Section 25. Joint-Secretary, State Examining Boards. The office of the Joint-Secretary, State Examining Boards, shall have the duty to bring together and keep all records of said board, to receive all ap plications for licenses, to schedule a time and place for examinations (with the consent of the board), to schedule a time and place for all hearings, to issue certificates upon authority of the board and to collect all fees and to remit same to the State Treasury.

All orders and processes of the board shall be signed and attested by the Joint-Secretary, State Examining Boards, and any notice or legal process necessary to be served upon the board may be served upon the Joint-Secretary, State Examining Boards.

The expenses of the Joint-Secretary, State Examining Boards, and the expenses and salaries incident to the work of his office shall be paid out of fees remitted to the State Treasury from the board.

Section 26. Exceptions. Nothing contained in this Act shall prohibit any person who is engaged in the rendering of orthotic services on the effective date of this Act under the prescription, supervision and direc tion of a person licensed to practice medicine or podiatry in Georgia from continuing to render such services under the supervision of a person licensed to practice medicine or podiatry. Such person shall not be registered unless he meets the requirements of the provisions of this Act.

Section 27. Penalty. Any person violating any provision of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 28. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval and upon the appropriation of the necessary funds to implement the provisions of this Act.

Section 29. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hill of the 29th moved that the Senate agree to the House substitute to SB 287.

WEDNESDAY, MARCH 3, 1976

2415

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Gillis Hamilton of 26th Hamilton of 34th

Hill Holley Howard Hudson Kennedy 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 :

Ballard Banks Barker Broun of 46th Duncan

Fincher (excused conferee) Garrard (excused conferee) Holloway

Hudgins Kidd (excused conferee) Lester

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 287.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so- as to provide that the Chief Appraiser shall be an ex-officio nonvoting mem ber of the board of tax assessors in all counties.

Senator Langford of the 51st moved that the Senate insist upon its substitute to HB 1376.

On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate insisted upon its substitute to HB 1376.

The following bill of the House was taken up for the purpose of considering House action thereto:

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JOURNAL OP THE SENATE,

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th 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 replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

The House amendment to the Senate substitute to HB 1367 was as follows:
Amend the Senate substitute to HB 1367 by adding a new Section 19 and re-number remaining Sections accordingly.
Section 19 to read as follows:
Section 19. "Notwithstanding any other provisions of this Act, an employer shall not be required to pay contributions on any employee who is enrolled in an institution of higher education in this State and who is ineligible to receive benefits under this Act as a result of such enrollment; provided, however, that upon termination of such enrollment, employer contributions on such employees shall be required unless otherwise provided in this Act."

Senator Ballard of the 45th moved that the Senate agree to the House amendment to the Senate substitute to HB 1367.

On the motion, 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 31st Doss Eldridge
Fincher
Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard
Hudgins
Kennedy Langford Lewis McDowell
McDuffie
McGill Pearce

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

Those voting in the negative were Senators:

Barnes Bond Dean of 6th

Hudson Stephens Tate

Traylor

WEDNESDAY, MARCH 3, 1976

2417

Those not voting were Senators:

Barker Duncan Hamilton of 34th

Kidd Lester Overby

Starr

On the motion, the yeas were 42, nays 7; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1367.

Senator Ballard of the 45th questioned whether the House had actually agreed to the Senate substitute as amended by the House. The House message stated that the House disagreed to the Senate substitute as amended by the House, and it was ascertained that the House amendment was in the engrossed bill as returned to the Senate.

The President instructed the Secretary to ascertain exactly what action had been taken by the House on the Senate substitute and report back to the Senate.

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

HB 460. By Representative Brown of the 34th:
A bill to amend Section 92-5102 to require separate executions for separate parcels of land in the City of Atlanta for delinquent municipal taxes. Referred to Committee on County and Urban Affairs.

HB 1713. By Representative Miles of the 86th:
A bill to amend an Act creating a Merit System in Richmond County for employees of Richmond County so as to provide what employees should be placed under or exempt from the Merit System of Richmond County, Georgia. Referred to Committee on County and Urban Affairs.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A. M. tomorrow, and the motion prevailed.

At 5:45 o'clock P. M., the President announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

2418

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, March 4, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceedings had been read and found correct.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 414. By Senator Riley of the 1st:
A bill to amend Code Section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, so as to provide that Fulton County shall not be the venue of certain suits brought against the Commission.

SB 468. By Senators Robinson of the 27th and Starr of the 44th:
A bill to provide for the extradition and attendance of witnesses; to provide for a short title; to provide for definitions; to provide for the summoning of witnesses in this State to testify in another state; to provide for the summoning of witnesses in another state to testify in this State.
SB 537. By Senators Doss of the 52nd, Riley of the 1st, Overby of the 49th and others:
A bill to define and reaffirm the applicability of the doctrine of "sovereign immunity" to the Board of Regents of the University System of Georgia; to provide that except to the extent that the General Assembly may hereafter provide.
SB 580. By Senators Timmons of the llth, Sutton of the 9th and Gillis of the 20th:
A bill to amend Code Chapter 73-1, relative to the sale of paints and linseed oil, so as to make it unlawful for any person, firm or corporation to distribute, sell or offer for sale within this State any paint used specifically for marking timber if such paint will not remain effective for a period of at least 12 months.

THURSDAY, MARCH 4, 1976

2419

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 310. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned real property located in Baldwin County, Georgia, to Mrs. Adele Louise Tucker and naming said real property the Adele Louise Tucker Park upon its reversion to the State.

The House has adopted the following resolution of the House:

HR 932. By Representatives Davis of the 56th, Scott of the 37th and Banks of the 104th:
A resolution commending Mrs. Joyce Stell.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1583. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit certain acts in public transit buses, rapid rail cars and stations; to provide for punishments.

HB 1857. By Representative Tucker of the 73rd:
A bill to create and establish a Small Claims Court in and for Henry County; to prescribe 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 1983. By Representative Bray of the 70th:
A bill to amend an Act incorporating the Town of Gay in Meriwether County and granting certain powers and privileges to said town so as to change the terms of office of the mayor and councilmen; to change the provisions relative to the date of election.
HB 1540. By Representatives Matthews of the 145th, Patten of the 146th, Culpepper of the 98th and others:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets in this State so as to require that on or after Jan. 1, 1977 any person using the facilities of any market which charges a gate fee for the purpose of selling or offering for sale any item on the premises of such a market operated pursuant to this Act, must be licensed by the Commissioner of Agriculture.

2420

JOURNAL OF THE SENATE,

HB 2065. 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 commissioner; to provide an effective date.

HB 2060. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide a new charter for the City of Valdosta and to repeal existing charters; to define the limits of the City; to provide definitions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor and council.

HB 1639. By Representatives Linder of the 44th, Elliott of the 49th, Howard of the 19th and others:
A bill to provide that it shall be unlawful for any person to allow or require any person in his employment under 18 years of age to dispense, serve, sell, deliver or take orders for any alcoholic beverage; to provide a penalty.

The House has a agreed to the Senate substitutes to the following bill and resolution of the House:

HB 1533. By Representative Childers of the 15th:
A bill to amend Code Section 84-509, relating to the scope of the practice of chiropractors, so as to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to practice chiropractic in this State.

HR 494. By Representatives Larsen of the 27th, Battle of the 124th, Matthews of the 63rd and others:
A resolution proposing an amendment to the Constitution to authorize and direct the Board of Regents to establish a program whereby citizens of this State who are 60 years of age or older may attend units of the University System of Georgia without charge for tuition when space is available in a scheduled course.

The House has adopted the report of the Committee of Conference on the following bills and resolution of the House and Senate:
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.

THURSDAY, MARCH 4, 1976

2421

SB 617. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials.

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes.

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.

The House recedes from its position in amending the following bill of the Senate:

SB 458. By Senator Howard of the 42nd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence, as amended, so as to make inadmissible certain evidence in a prosecution for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 532. By Senators Starr of the 44th and Fincher of the 54th:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965", as amended, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to change certain penal ties.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 415. By Senator Riley of the 1st:
A bill to amend Code Chapter 93-2, relating to the Public Service Com mission, so as to provide that each action taken by the Commission on any matter before it shall be reduced to writing and shall be signed by the Chairman and Secretary of the Commission.

2422

JOURNAL OF THE SENATE,

SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations.

The House has adopted the following resolution of the House:
HR 961. By Representatives Coleman of the 118th, Adams of the 79th, Larsen of the 27th and others: A resolution relative to unrestricted smoking in hospitals and health care facilities of this State.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 710. 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 Water Quality Control Act", as amended, so as to amend the policy declared; to require the establishment of permissible limits of surface water usage; to require permits for the withdrawal, diversion or impoundment of surface waters; to provide an effective date; to repeal conflicting laws; to provide for severability.
Referred to Committee on Natural Resources and Environmental Quality.
SB 711. By Senator Howard of the 42nd: A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial, and certain posttrial pro cedures in civil cases, known as the "Georgia Civil Practice Act", so as to revise the provisions, practices and procedures relating to class actions.
Referred to Committee on Judiciary.
The following reports of standing committees were read by the Secretary:
Senator Broun of the 46th District, Chairman of the Committee on Appropration, submitted the following report:
Mr. President:
Your Committee on Appropriation 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 21. Do pass. HR 97. Do pass.

THURSDAY, MARCH 4, 1976

2423

HR 492. Do pass. HR 504. Do pass. HR 544. Do pass. HR 613. Do pass. HR 738. Do pass.

Respectfully submitted, Senator Broun of the 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 tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1990. Do pass. Respectfully submitted, Senator Holley of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1958. Do pass.
Respectfully submitted, Senator Stephens of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1740. Do pass. HB 1792. Do pass.

2424

JOURNAL OF THE SENATE,

HB 2010. Do pass. HB 2042. Do pass.

Respectfully submitted, Senator Garrard of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 660. Do pass by substitute. HB 1297. Do pass. HB 1345. Do pass. HB 1507. Do pass. HB 1636. Do pass. HB 1637. Do pass. HB 1701. Do pass. HB 1774. Do pass. HB 1895. Do pass. HB 2056. Do pass. HR 81. Do pass as amended. HR 302. Do pass. HR 808. Do pass.
Respectfully submitted, Senator Garrard of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1757. Do pass by substitute. HB 1781. Do pass. . HB 1893. Do pass by substitute.

THURSDAY, MARCH 4, 1976

2425

HB 2008. Do pass. HB 2053. Do pass. HB 2082. Do pass.

Respectfully submitted, Senator Garrard of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 709. Do pass. HB 1575. Do pass. HB 1576. Do pass. HB 1991. Do pass. HB 2017. Do pass. HB 2046. Do pass. HB 2069. Do pass. HB 2073. Do pass. HB 2075. Do pass. HB 2080. Do pass. HB 2083. Do pass. HB 2093. Do pass. HB 2094. Do pass. HB 2095. Do pass.
HB 2096. Do pass. HB 2057. Do pass as amended. HB 2059. Do pass. HR 888. Do pass.
HR 859. Do pass as amended.
HR 864. Do pass. Respectfully submitted, Senator Garrard of the 37th District, Chairman.

2426

JOURNAL OF THE SENATE,

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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1713. Do pass.
HB 1726. Do pass.
HB 1993. Do pass.
HB 2045. Do pass.
HE 626. Do pass.
Respectfully submitted, Senator Garrard of the 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 78. Do pass by substitute.
HB 1987. Do pass.
HB 1551. Do pass.
HB 989. Do pass.
Respectfully submitted, Senator Kidd of the 25th 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 1531. Do pass. HB 1846. Do pass.

THURSDAY, MARCH 4, 1976

2427

HB 1935. Do pass as amended. HB 2015. Do pass.
Respectfully submitted, Senator 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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1042. Do pass. HB 1212. Do pass. HB 1318. Do pass as amended. HB 1355. Do pass as amended. HB 1545. Do pass. HB 1563. Do pass. HB 1643. Do pass. HB 1683. Do pass. HB 1802. Do pass. HB 1823. Do pass. HB 1986. Do pass. HB 2034. Do pass. HB 2100. Do pass by substitute. HR 611. Do pass.
Respectfully submitted, Senator 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 of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1371. Do pass by substitute. Respectfully submitted, Senator Overby of the 49th District, Chairman.

2428

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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
HB 1500. Do pass.
HB 1668. Do pass.
HB 1880. Do pass as amended.
Respectfully submitted, Senator Gillis of the 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 bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 323. Do pass. SR 439. Do pass. HB 1333. Do pass. HB 1920. Do pass.
Respectfully submitted, Senator Eldridge of the 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 1624. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman.

THURSDAY, MARCH 4, 1976

2429

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

HB 78. By Representatives Miles of the 86th, Sams of the 90th and Dent of the 85th:
A bill to amend the Gasoline Marketing Practices Act so as to amend and add definitions, to provide additional requirements, limitations and restrictions upon the distribution of gasoline and special fuels.

HB 989. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend Code Section 34-1204, relative to the installation, custody and repair of voting machines so as to change the provisions relative to the number of voting machines to be provided.

HB 1042. By Representative Larsen of the 27th:
A bill to amend Code Title 61, relating to landlords and tenants, so as to change the provisions relating to the rights of tenants; to provide that a tenant for residential purposes shall have certain rights.

HB 1212. By Representatives Larsen of the 27th and Elliott of the 49th:
A bill to amend Code Chapter 27-14, relating to arraignment and pleas, so as to prohibit a judge from accepting a guilty plea unless the plea is voluntarily and intelligently made and certain matters appear from the record.

HB 1318. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to create Judicial Administration District and the boundaries thereof; to provide for Judicial Administration District Councils; to provide for Administrative Assistants.

HB 1355. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend Code Chapter 26-21, relating to distributing obscene materials, as amended, so as to provide that it shall be unlawful for any person to display certain materials unless such materials are dis played not less than 48 inches above floor level.

HB 1371. By Representatives Irvin of the 23rd, Carnes of the 43rd, Evans of the 84th and others:
A bill to amend the Code of Georgia of 1933, as amended, by striking Code Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46 so as to provide for the right to the writ of garnishment after judgment; to provide for af fidavit and bond for garnishment.

2430

JOURNAL OF THE SENATE,

HB 1545. By Representatives Irvin of the 23rd, Sams of the 90th, Karrh of the 106th and Walker of the 115th:
A bill to amend Code Chapter 113-10, relating to distribution, advance ments, and year's support, as amended, so as to provide the manner in which parties are identified on applications for year's support; to pro vide for orders for year's support awarding interests in real property and the contents, recording, filing, fees, and return thereof.

HB 1551. By Representative Howell of the 140th:
A bill to amend Code Section 34-605, relating to the qualifications of registrars and deputy registrars, so as to repeal the requirement that the chief registrar own or be the spouse of the owner of real property within the county.

HB 1563. By Representatives Hatcher of the 131st and Richardson of the 52nd:
A bill to amend Code Title 24A, the Juvenile Court Code, so as to change certain definitions; to provide that only children accused of a capital crime may be held in a jail prior to a committal hearing or indictment.

HB 1624. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-313, relating to the surrender and re turn of the license, so as to provide that the revocations and suspensions provided for in said Title shall commence on the day that the individual receives actual knowledge or legal notice thereof.

HB 1643. By Representatives Richardson of the 52nd, King of the 96th, Hawkins of the 50th and others:
A bill to amend Code Title 49, relating to guardians and wardships so as to provide for natural guardians and their bond; to provide for ap pointment of testamentary guardians by widows and widowers; to pro vide that a married woman or man may be guardians.

HB 1683. By Representatives Crawford of the 5th, Cole and Foster of the 6th and others:
A bill to amend Code Chapter 23-1, relating to the names and jurisdiction of counties, so as to require county courthouses and the offices therein to remain open for the transaction of the public's business during normal working hours; to define normal working hours.

HB 1802. By Representatives Snow of the 1st, Irvin of the 23rd, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the procedures for filing articles of correction, from the superior court to the Secretary of State; to provide for certificates and certified copies of documents to be received in evidence.

THURSDAY, MARCH 4, 1976

2431

HB 1823. By Representatives Toles of the 16th and Nessmith of the 82nd:
A bill to provide for the use of deaf and blind sign language interpreters in certain administrative and judicial proceedings, agency service and educational settings; to provide for notice and need of proof of disability.

HB 1958. By Representative Larsen of the 119th:
A bill to amend an Act creating the Office of the Consumers' Utility Counsel to transfer the Consumers' Utility Counsel from the Public Service Commission to the Office of the Governor; to change the appointed authority from the Attorney General to the Governor; to provide that the Governor shall fix the compensation of the Counsel and his staff.

HB 1986. By Representatives Snow of the 1st, Egan of the 25th, Karrh of the 106th and Hatcher of the 131st:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act" so as to add a provision concerning dividends or other distributions or payments to which a shareholder is entitled from a corporation organized under the Georgia Business Corporation Code.

HB 1987. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-6, relating to the registration of electors, so as to provide that whenever a special primary or election is held on the same day as the Georgia Presidential Preference Primary, voter registration deadlines for the special primary or election shall be the same as that for the Presidential Preference Primary.

HB 1990. By Representative Knight of the 67th:
A bill to amend Chapter 92-24 of the Code of Georgia of 1933, as amended, relating to corporations, including domestic, domesticated foreign and foreign, and the license and occupation tax such organizations are required to pay, so as to provide for the returns of domestic, domesticated foreign and foreign corporations.
HB 2034. By Representative Sams of the 90th:
A bill to amend an Act authorizing counties to establish and maintain law libraries so as to change the provisions relating to the SecretaryTreasurer of the Board of Trustees; to change the provisions relating to financing the cost of establishing and maintaining law libraries.
HB 2100. By Representative Murphy of the 18th:
A bill to amend Code Section 56-407A relating to uninsured motor vehicle coverage, so that application for discharge in bankruptcy shall not be a bar to an insured person's claim.

2432

JOURNAL OF THE SENATE,

HR 21. By Representatives Parham of the 109th and Baugh of the 108th: A resolution compensating Mr. Dennis M. Cox.

HR 97. By Representative Keyton of the 143rd: A resolution compensating Boston Farm Center, Inc.

HR 492. By Representatives Calhoun of the 88th, Beckham of the 89th, Miles of the 86th and others:
A resolution compensating Gail E. Ryan.

HR 504. By Representative Pinkston of the 100th: A resolution compensating Mr. Edwin J. Odom.

HR 544. By Representative Phillips of the 59th: A resolution compensating Sherry T. Alexander.

HR 611. By Representatives Snow of the 1st, Murphy of the 18th, Collins of the 144th and Harris of the 8th:
A resolution creating the Code Revision Study Committee.

HR 613. By Representative Pinkston of the 100th: A resolution compensating Mr. L. C. McGarrah.
HR 738. By Representative Miles of the 86th: A resolution compensating Mr. Doyle L. Drew.
HB 1333. By Representatives Pinkston of the 100th, Greer of the 43rd, Evans of the 99th and Connell of the 87th: A bill to amend Code Section 89-101, relating to the eligibility of persons to hold civil offices, as amended, so as to provide that persons 18 years of age or older shall be eligible to hold any county or municipal office, except such offices of a judicial nature.
HB 1920. By Representatives Murphy of the 18th, Burruss of the 21st, Cole of the 6th and others: A bill to authorize the Georgia Building Authority, its security personnel and certain law enforcement officers to exercise certain powers and authority upon the properties and buildings of the Authority; to provide the procedures connected therewith; to provide for penalties.

THURSDAY, MARCH 4, 1976

2433

HB 660. By Representative Greer of the 43rd:
A bill to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County.

HB 1297. By Representative Games of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County providing for payment of benefits from the fund; to renumber succeeding sections of said Act accordingly.

HB 1345. By Representative Greer of the 43rd:
A bill to amend the Act approved Aug. 13, 1924, as amended, providing a system of pensions and other benefits for members of paid fire de partments in cities having a population of more than 150,000 as dis closed by the U. S. census of 1920, or any subsequent census, furnishing aid, relief and pensions to members of paid fire departments now in active service.

HB 1507. By Representatives Greer and Games of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes" so as to provide for an adjustment of retirement or pension benefits for certain teachers and employees and retired persons based upon changes in the cost of living.

HB 1636. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912, so as to provide for a change in the method and manner of dismissing employees in the interest of economy in the City of East Point.

HB 1637. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912, so as to provide for a change in the functions and duties of the mayor and council of the City of East Point.

HB 1701. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Ga., approved August 19, 1912, as amended so as to provide an additional qualification for a councilman of the City of East Point, that such councilman be a resident within the ward to which such councilman was elected.

2434

JOURNAL OF THE SENATE,

HB 1740. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of New ton County, approved March 31, 1967, so as to change the number of members of the board; to change the education districts; to provide for election of members by the electors of the member's district only.

HB 1774. By Representative Games of the 43rd:
A bill to amend an Act providing 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.

HB 1792. 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 require competitive bids for certain purchases.

HB 1895. By Representative Canty of the 38th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the corporate limits of said City.

HB 2010. By Representative Sigman of the 74th:
A bill to create and establish a Small Claims Court in and for Newton County; to prescribe 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 2042. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to change the commissioner districts; to provide for the election of members of the board by the electors of the member's district only.

HB 2056. By Representatives Elliott of the 49th, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating and establishing a recorder's court for DeKalb County so as to authorize appointment of inspectors; to provide for authority and jurisdiction of inspectors; to provide for issuance and return of summons.
HR 81. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term "homestead" as that term is used for purposes of determining certain exemptions from taxation in Fulton County.

THURSDAY, MARCH 4, 1976

2435

HR 302. By Representative Brown of the 34th:
A resolution proposing an amendment to the Constitution of the State of Georgia to authorize the City of Atlanta under certain circumstances to guarantee to levy an ad valorem tax for paying the principal of and interest on certain future revenue obligations.

HR 808. By Representatives Elliott of the 49th, Davis and Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of DeKalb County, Georgia, to pass ordinances, resolutions, rules and regulations authorizing the payment of certain claims from the county treasury not to exceed two hundred dollars per claimant in any one fiscal year; to provide proce dures for the processing of said claim.

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

HB 1531. By Representatives Karrh of the 106th, Howard of the 19th and Sams of the 90th:
A bill to amend an Act providing for certain assistant district at torneys in certain judicial circuits, so as to authorize the expenditure of State funds as partial compensation of an assistant district attorney employed pursuant to a federal grant where the State is by Federal law required to provide a percentage of the matching funds for such a grant.

HB 1668. By Representatives Peters of the 2nd and Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, so as to provide for a taxidermist license.

HB 1846. By Representatives Jessup of the 117th, Larsen of the 119th and Coleman of the 118th:
A bill to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended.

HB 1880. By Representative Rainey of the 135th:
A bill to amend an Act relating to the State parks and recreational areas so as to provide for rules and regulations relating to the use and occupancy of State parks and recreational areas and the protection of State property and the public health, safety and welfare.

2436

JOURNAL OF THK SENATE,

HB 1935. By Representative Gignilliat of the 122nd:
A bill to enact the Facade and Conservation Easements Act of 1976; to provide for definitions; to state the duration and means of acquisition of such easements; to provide for recordation; to require tax assessors to revalue encumbered property; to provide for appeals.

HB 2015. By Representatives Pinkston of the 100th and Triplett of the 128th:
A bill to amend an Act providing for the incorporation by reference of various fiduciary powers into wills, trusts and other instruments in writing so as to repeal Section 3 of the Act.

SB 709. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27, pertaining to Clerks of Superior Court, as amended, so as to provide for specific fees for services rendered by the Clerk and the Sheriff in certain civil cases; to specify the procedure in connection with the collection of the same; to specifical ly repeal certain laws and to specifically preserve certain laws; to provide an effective date.

HB 1575. By Representative Carnes of the 43rd:
A bill to amend Code Section 24-1714, pertaining to the location of the office of the Judge of the Probate Court and all things belonging thereto, so as to provide that in certain counties the Judge of the Probate Court may maintain more than one office location and all things belonging thereto.

HB 1576. By Representative Carnes of the 43rd:
A bill to amend Code Section 53-201, pertaining to the place, time and other matters relating to the issuance of marriage licenses, so as to provide that in certain counties marriage licenses may be granted by the Judge of the Probate Court at locations within the county other than the county courthouse at the county site.

HB 1757. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the provisions relative to vacancies; to change the provisions relative to contracts and purchases by the city.

HB 1893. 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 said city.

HB 1991. By Representative Knight of the 67th:
A bill to create and establish a Small Claims Court in each county of this State having a population of not less than 32,300 and not more than 32,660; to prescribe the jurisdiction of said court.

THURSDAY, MARCH 4, 1976

2437

HB 2008. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Taliaferro County, known as the fee system; to provide in lieu thereof an annual salary.

HB 2017. By Representative Pinkston of the 100th:
A bill to create a new political entity to be known as "Macon-Bibb County, Georgia", which shall be a merger of the County of Bibb and the City of Macon; to provide for unification, form, boundaries and limitations; to provide for powers of the Unified Government; to pro vide for the legislative branch.

HB 2046. By Representative Miles of the 86th:
A bill to amend an Act placing certain county officers upon an annual salary so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties; to provide an effective date.

HB 2053. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to amend an Act creating and incorporating the City of Mountain View so as to authorize the mayor and council to levy a five mill tax by ordinance; to provide that no elected official shall receive any compensation whatsoever.

HB 2057. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and White of the 132nd:
A bill to create and establish a Small Claims Court in and for Dougherty County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, qualifications, and substitutions of the judge of said court.

HB 2059. By Representative Hatcher of the 131st:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change the civil jurisdiction of said court; to provide that said court shall be a court of record.

HB 2069. By Representatives Triplett of the 128th, Taggart of the 125th, Blackshear of the 123rd and others:
A bill to amend an Act incorporating the City of Port Wentworth so as to change the corporate limits of said city.

HB 2073. By Representatives Williamson of the 45th, Russell of the 53rd, Wil liams of the 54th and others:
A bill to provide that any person otherwise authorized to sell malt

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beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p. m. until midnight on Sundays.

HB 2075. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act creating the State Court of Glynn County so as to change the provisions relating to the compensation of the clerk, chief deputy clerk, and deputy clerks of said court.

HB 2080. By Representative Gignilliat of the 122nd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, to extend the corporate limits of the City of Savannah.

HB 2082. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to change the provisions relating to the compensation of members of the Board of Commissioners; to create the office of County Manager.

HB 2083. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to provide for procedures for the recall of the members of the Board of Commissioners of Ware County; to provide for the filling of vacancies.

HB 2093. By Representative Murphy of the 18th:
A bill to reincorporate the City of Tallapoosa in the County of Haralson to create a new Charter for said City; to prescribe the Corporate Limits of said City; to provide for the Government of said City; to enumerate the corporate powers of the City; to provide for the preservation of ordinances, bylaws, rules and regulations.

HB 2094. By Representatives Evans of the 99th, Banks of the 104th, Pinkston of the 100th and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved Aug. 17, 1914", together with the Acts amending same passed since 1914, with certain changes in said Acts.

HB 2095. By Representative Reaves of the 147th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Echols County into the office of Tax Commissioner of

THURSDAY, MARCH 4, 1976

2439

Echols County so as to change the provisions relative to the compen sation of said officer.

HB 2096. By Representatives Larsen of the 119th and Coleman of the 118th:
A bill to amend an Act creating the City of Dublin and County of Laurens Development Authority, so as to remove the interest limitations imposed on bonds issued by the Authority.

HR 859. By Representatives Dixon of the 151st and Sweat of the 150th:
A resolution proposing an amendment to the Constitution so as to pro vide for the procedures for the recall of the Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education.

HR 864. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, McCollum of the 134th and White of the 132nd:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Au thority; to repeal a prior amendment ratified and adopted Nov. 3, 1970.

HR 888. By Representatives Larsen of the 119th and Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establish ment of a Downtown Dublin Development Authority.

HB 1713. By Representative Miles of the 86th:
A bill to amend an Act creating a Merit System in Richmond County for employees of Richmond County so as to provide what employees should be placed under or exempt from the Merit System of Richmond County, Georgia.

HB 1726. By Representatives Miles of the 86th, Sams of the 90th, Beckham of the 89th and others:
A bill to fix the compensation of the clerks of the superior courts in certain counties; to provide for the employment and compensation of personnel within such clerks' offices; to provide the procedures con nected therewith.

HB 1993. By Representatives Dent of the 85th, Sams of the 90th, Calhoun of the 88th and Connell of the 87th:
A bill to amend the charter for the City of Augusta so as to change the residency requirements for members of the council; to provide that

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JOURNAL OP THE SENATE,

members of the council may not succeed themselves after completing a. third consecutive term in office.

HB 2045. By Representative Miles of the 86th:
A bill to provide and fix the compensation of certain elected officials in counties of this State having a population of not less than 145,000 nor more than 165,000 according to the U. S. Decennial Census, or any future such census; to provide for the employment and compensation for personnel of certain elected officials.

HR 626. By Representatives Tolbert and Davis of the 56th, Linder of the 44th and Williamson of the 45th:
A resolution proposing an amendment to the Constitution so as to create the DeKalb County Solid Waste Disposal Authority; to provide for powers, authority, funds, purposes and procedure; to provide for the submission of this amendment for ratification or rejection.
The following local, uncontested bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

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

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

THURSDAY, MARCH 4, 1976

44!

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

HB 1295. By Representative Carnes of the 43rd:
A bill to amend an Act authorizing the commissions of Fulton County to establish rules and regulations governing the payment of pensions so as to clarify the provisions relating to the computation of pension benefits.

The following fiscal note, as required by law, was read by the Secretary:
LEGAL DEPARTMENT 927 Pulton Federal Bldg.
Atlanta, Georgia 30303
February 6, 1976
Mr. William Roberts, Chairman Fulton County Employees Pension Fund Tax Commissioners Office Fulton County Courthouse Atlanta, Georgia 30303
Re: HB 1295
Dear Billy:
This will confirm our telephone conversation relative to the above styled Bill which is presently pending in the General Assembly.
The purpose of this Bill is to clarify what I consider ambiguous language which appeared in 1971 and 1972 amendments to our Pension Act. As we all know, the intent of the General Assembly at that time was to provide for pension benefits to be computed on the basis of the high 36 months of salary. The exact language of the previous amend ments did not expressly set forth this intent and as legal advisor to the Pension Board I would be much more comfortable in having the amend ment passed.
I would point out that this is more in the nautre of a "housekeeping" measure than anything else. Your Board has on numerous occasions, since these amendments, awarded pensions based upon the high 36 months salary and I have, on behalf of the Legal Department, approved these. These pensions, of course, could not be altered under any circum stances. In view of this I could not visualize how the amendment would cause any additional expense to the Pension Fund.
Sincerely yours,
/s/ John Tye Ferguson

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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 yeas were 48, nays 0.

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

HB 1296. By Representative Games of the 43rd: A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions so as to permit all officers or employees of Fulton County to participate in said pension fund as amended.
The following fiscal note, as required by law, was read by the Secretary:
TOUCHE ROSS & CO. 14th Floor, Peachtree Center South
225 Peachtree Street N. E. Atlanta, Georgia 30303
February 11, 1976
Mr. William Lee Roberts, Chairman Fulton County General Employees'
Pension System 165 Central Avenue, S. E. Atlanta, Georgia 30303
Dear Mr. Roberts:
Enclosed is the memoranda from the actuary, James R. Bordewick, F.S.A., of Touche Ross Stennes & Co. pertaining to the House and Senate's bills presently before Committee. The estimates are in terms of approximations as if the plan was funded on an actuarial basis.
If you have additional questions, please do not hesitate to call Mr. Bordewick.
Sincerely, /s/ Terry Gordon
MEMORANDUM GENERAL EMPLOYEES' PENSION SYSTEM
HB 1296
Cost estimates were developed for part of this bill. These estimates were based on the assumption that participants covered under Acts prior

THURSDAY, MARCH 4, 1976

2443

to 1969 would be covered retroactively under the 1969 and subsequent Acts provided the participants paid the back contributions. The cost estimate assumes that only active participants would have this option and all eligible participants would elect this option.

Data as of January 1, 1975 shows that 14.8% of the Participants are contributing under Acts prior to 1969. The respective percentage based on payroll is 15.7%.

The estimates shown below are based on the results of the January 1, 1975 actuarial valuation and on utilization of current payroll data. Approximations were used so that the estimates must be considered rough estimates at this time. In addition, it was assumed that the ex perience under the plan during 1975 followed the actuarial assumptions exactly. Further, the increase in accrued liability does not reflect an adjustment for payment of back contributions because this information was not available at the time of the estimate.

The results are:

1) Increase in Accrued Liability $2,200,000 to $2,500,000

2) Annual Payment by County to Provide for Additional Normal Cost and Amortize Additional Accrued Liability over 40 years from 1-1-76

$ 142,000 to $ 162,000

3) Payment by County Expressed as Percent of Payroll of Participants Involved in Change

2.83% to

3.23%

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

HB 1504. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide a limitation upon prior service credit for active fulltime military duty under certain circumstances.

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 yeas were 48, nays 0.

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

HB 1505. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide deferred pension benefits to those persons leaving the employment of said Board of Education after completing ten years of active service and upon subsequently attaining the age of 65 years.

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

HB 1615. By Representative Carnes of the 43rd:
A bill to provide certain counties with authority to adopt procedures for disposal of abandoned automobiles; to define terms; 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 yeas were 48, nays 0.

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

HB 1782. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to require representatives of the governing authority of any county in this State which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the U. S. Decennial Census of 1970, or any future such census, to meet annually with representatives of the governing authority of any such city.

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

THURSDAY, MARCH 4, 1976

2445

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

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

HB 1884. By Representatives Cooper, Howard and Wilson of the 19th and others:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to provide a method for the repeal of the charter of the City of Powder Springs; to provide for a petition and a referendum 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 yeas were 48, nays 0.

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

HB 2023. By Representatives Johnson, Harris 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 the salary system in lieu of fees so as to change the provisions relative to the employees 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 yeas were 48, nays 0.

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

HB 2035. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A bill to amend an Act creating the Macon-Bibb County Urban Develop ment Authority so as to change the procedure by which said Authority is authorized to exercise the power of eminent domain.

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

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HB 1506. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Pulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", approved Feb. 2, 1945, as amended, so as to change the formula for computation of the amount of retirement benefits.

The report of the committee, which was favorable to the passage of the bill, 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.
HB 1751. By Representative Crawford of the 5th: A bill to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to 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 yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1832. By Representative Stone of the 138th: A bill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation so as to change the salary of said sheriff.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.

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

HB 1833. By Representative Stone of the 138th:
A bill to amend an Act creating the office of Tax Commissioner of Telfair County so as to change the salary of said tax commissioner; to provide for an effective date.

THURSDAY, MARCH 4, 1976

2447

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

HB 1834. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system, exclusively, so as to change the salary of said county 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 yeas were 48, nays 0.

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

HB 1835. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Ga., from the fee system and salary system to the salary system exclusively so as to change the salary 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 yeas were 48, nays 0.

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

HB 1836. By Representative Stone of the 138th:
A bill to amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, Ga., so as to change the compensation of said 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 yeas were 48, nays 0.

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

HB 2020. By Representatives Lee, Bailey, Johnson and West of the 72nd: A bill to create a new charter for the City of Lovejoy in the County of Clayton; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for a Merit Service 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 yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2021. By Representative Oxford of the 116th: A bill to provide a new Charter for the City of Plains, Georgia, in the county of Sumter; to provide for the incorporation of said city as the City of Plains; to provide for corporate boundaries; to provide for the corporate powers of the government of the City of Plains, 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 yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 2024. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to provide for the appointment beginning Jan. 1, 1977, of the Oconee County School Superintendent by the Board of Education of Oconee County; to provide the procedures connected therewith; to pro vide 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 yeas were 48, nays 0.

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

THURSDAY, MARCH 4, 1976

2449

HB 2025. By Representative Owens of the 77th:
A bill to amend an Act creating the Board of Commissioners of Columbia County so as to change the manner of electing the chairman of the board of commissioners of roads and revenues of 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 yeas were 48, nays 0.

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

HB 2036. By Representatives Adams of the 79th and Smith of the 78th:
A bill to amend an Act incorporating the City of Concord so as to provide for the office, election, qualification, term, vacancy, and re moval of Mayor; to provide for the office, election, qualifications, and terms of 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 yeas were 48, nays 0.

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

HB 2049. 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 number of employees within the sheriff's office; to make the chief jailer a deputy; to provide an effec tive date.

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

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

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

HB 2072. By Representatives Stone and Harris of the 138th:
A bill to change the composition and method of appointing members' of the board of hospital authorities of this State having a population of not less than 17,830 and not more than 18,080 according to the U. S.

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JOURNAL OP THE SENATE,

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 yeas were 48, nays 0.

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

HB 2085. By Representative Irvin of the 10th:
A bill to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be in cluded in the city 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 yeas were 48, nays 0.

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

SB 664. By Senator Stephens of the 36th:
A bill to amend Title 92 of the Code of Georgia by adding a new Chapter to be entitled Chapter 76A, pertaining to the advertisement and sale of executions, so as to provide in counties having a population of 600,000 or more, or to those municipalities lying wholly or partially within such a county, tax executions shall be advertised and sold.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 664 by striking from lines 3 and 4, Page 2, the following words:
"and also, in the newspaper having provided in the official newspaper of the county and also, in the"
and inserting in lieu thereof beginning on line 3 after the word "county" and before the word "newspaper" on line 5 of Page 2 the following:
"for State and County taxes and may also advertise State, County and Municipal executions in the".

THURSDAY, MARCH 4, 1976

2451

By striking from line 7, Page 2, after the word "of" and before the word "weeks" the word "two": and inserting in lieu thereof, the word "four".

By adding on Page 3, line 4, after the word "shall" and before the word "accept" the word "not".

By striking from line 5, Page 3, the following after the word "is" and before the word "of" the word "one-quarter" and adding the words "less than".

By striking from line 5, Page 3, after the word "percent" the words "or larger".

By striking from line 1, Page 7, the following: "92-6708A."

and inserting in lieu thereof: "92-7608A."

By striking from line 9, Page 7, the following: "92-6709A."
and inserting in lieu thereof: "92-7609A."

By striking from line 12, Page 7, the following: "92-6710A."

and inserting in lieu thereof the following: "92-7610A."
By striking from line 5, Page 8, the following: "92-6711A."

and inserting in lieu thereof the following: "92-7611A."

By striking from line 9, Page 8, the following: "92-6712A."

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JOURNAL OF THE SENATE,

and inserting in lieu thereof: "92-7612A."

By striking from line 22, Page 8, the following: "92-6713A."
and inserting the following in lieu thereof: "92-7613A."
On the adoption of the amendment, the yeas were 48, nays 0, and the amend ment was adopted.

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

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

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

HB 1868. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A bill to amend an Act providing for a board of elections in each county in this State having a population of not less than 60,000 and not more than 65,000 according to the U. S. Decennial Census of 1970, or any future such census, approved Mar. 14, 1973, so as to change the population category within which such boards of election are created.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1868 by striking from lines 7 through 9 of Page 2 the following:
"upon its approval by the Governor or upon its becoming law without his approval.",
and inserting in lieu thereof the following:
"on January 1, 1977."
On the adoption of the amendment, the yeas were 48, nays 0, and the amend ment was adopted.

THURSDAY, MARCH 4, 1976

2453

The 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.

HB 2054. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to repeal an Act creating and incorporating the City of Mountain View; to provide for a referendum; to provide an effective date.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 2054:
A BILL
To be entitled an Act to repeal an Act creating and incorporating the City of Mountain View, approved February 23, 1956 (Ga. Laws 1956, p. 2518), as amended by an Act approved April 21, 1967 (Ga. Laws 1967, p. 3323) and an Act approved April 25, 1969 (Ga. Laws 1969, p. 3636) ; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating and incorporating the City of Mountain View, approved February 23, 1956 (Ga. Laws 1956, p. 2518), as amended by an Act approved April 21, 1967 (Ga. Laws 1967, p. 3323) and an Act approved April 25, 1969 (Ga. Laws 1969, p. 3636), is hereby re pealed in its entirety.
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 be comes law, it shall be the duty of the Judge of the Probate Court of Clayton County to issue the call for an election for the purpose of submitting this Act to the electors of the City of Mountain View for approval or rejection. The Judge of the Probate Court shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Judge of the Probate Court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Mountain View. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act abolishing the charter of the City of ( ) NO Mountain View be approved?"
All persons desiring to vote for approval of the Act shall vote

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JOURNAL OF THE SENATE,

"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 ques tion are for approval of the Act, it shall become of full force and effect and the charter of the City of Mountain View shall stand repealed as of July 1, 1976, otherwise this Act shall be void and of no force and effect. In order to be eligible to vote in said election, a person must have been eligible to vote in the preceding municipal election.

The expense of such election shall be borne by the City of Moun tain View. It shall be the duty of the Judge of the Probate Court to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas 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 yeas were 48, nays 0.

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

Senator Langford of the 51st introduced the chaplain of the day, Rev. R. L. Maddox, pastor of First Baptist Church, Calhoun, Georgia, who offered scripture reading and prayer.

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

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster

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

Overby Pearce Reynolds Riley Shapard Starr Stephens Summers Sutton
Tate
Timmons
Turner
Tysinger
Warren
Young

THURSDAY, MARCH 4, 1976

2455

Those not answering were Senators:

Brown of 47th Coverdell Dean of 6th Holley

Howard McDuffie Robinson Russell

Stumbaugh Thompson Traylor

The following resolutions of the House were read and adopted:

HR 932. By Representatives Davis of the 56th, Scott of the 37th, Banks of the 104th and others:
A resolution commending Mrs. Joyce Stell.

HR 961. By Representatives Coleman of the 118th, Adams of the 79th, Larsen of the 27th and others:
A resolution relative to unrestricted smoking in hospitals and health care facilities of this State.

The following resolution of the Senate, favorably reported by the committee, was read and adopted:

SR 439. By Senator Kidd of the 25th: A resolution relative to the dedicated work of salespeople in Georgia.

The following resolutions of the Senate were read and adopted:

SR 450. By Senator Tysinger of the 41st: A resolution creating the DeKalb County Study Committee.

SR 451. By Senators Riley of the 1st and Holloway of the 12th: A resolution commending Mr. Ed Johnson.

SR 452. By Senators Riley of the 1st and Holloway of the 12th: A resolution commending the "Today in Georgia" program.

SR 453. By Senator Lewis of the 21st: A resolution commending Mr. Floyd Lee Norton.

SR 454. By Senator Lewis of the 21st: A resolution praising the farmer.

2456

JOURNAL OF THE SENATE,

SR 455. By Senators McDowell of the 2nd, Riley of the 1st, Lewis of the 21st and others:
A resolution commending the Savannah Jaycees and Jaycettes for their sponsorship of the Governor's Bicentennial Youth Congress.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Security Law", so as to replace present benefit table by adding a formula effective April 1, 1976; to require claimant to show his or her availability.

As instructed by the President on March 3rd, the Secretary investigated the House action and reported to the Senate that the House Message of March 3rd was in error and the House actually disagreed to the Senate Substitute.

Senator Ballard of the 45th moved that the Senate insist upon its substitute to HB 1367.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate substitute to HB 1367 was insisted upon.

Senator Fincher of the 54th moved that the Senate disagree with the report of the Committee on Human Resources, which was adverse to the passage of the following bill of the House:

HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others:
A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.

The President stated that the question before the Senate was upon the agreement to the report of the committee which was adverse to the passage of the bill.

On the motion, the President ordered a roll call, and the vote was as follows:

Voting in the affirmative was Senator Garrard.

THURSDAY, MARCH 4, 1976

2457

Those voting in the negative 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 Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby

Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Brown of 47th Holley Howard

McDuffie Robinson

Russell Young

On the motion, the yeas were 1, nays 48, and the report of the committee was disagreed to.

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

HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others:
A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.

Senator Sutton of the 9th moved that the Senate insist upon its substitute to the following bill of the House:

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 adminis trative fee; to provide an effective date.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 1149.

2458

JOURNAL OF THE SENATE,

Senator Thompson of the 32nd moved that the Senate disagree with the report of the Committee on Judiciary, which was adverse to the adoption of the following resolution of the House:

HR 490. By Representatives Murphy of the 18th, Wilson, Howard and Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide that counties, municipalities and other political subdivisions shall not be authorized to acquire real property inside the boundaries of any other county, for airport purposes unless a majority of the qualified voters of the county in which the airport is proposed to be located voting in a referendum thereon shall approve the location of the airport.

The President stated that the question before the Senate was upon the agree ment to the report of the committee which was adverse to the adoption of the resolution.

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 Doss Eldridge Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th Holloway Hudgins Hudson Kennedy Langford Lester Lewis McDowell McGill Overby

Those voting in the negative were Senators:

Barnes Dean of 31st Duncan

Gillis Hill Kidd

Those not voting were Senators:

Holley Howard

McDuffie Russell

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

On the motion, the yeas were 42, nays 9, and the report of the committee was agreed to.

THURSDAY, MARCH 4, 1976

2459

SENATE RULES CALENDAR Thursday, March 4, 1976

SR 323. Rules of the Senate--amend HB 282. Firemen's Pension Fund--eligibility requirements (AM) HB 326. Employees' Retirement--change duties of Actuary HB 422. Bd. of Exam, of Water Well Contractors--create (AM) HB 781. Estate Tax--filing, interest, appraisal and payment HB 883. Definition of Dangerous Drugs--include new drugs (SUB) HB 918. Married Woman--surety on bail bonds in criminal cases HB 1258. Intent to Defraud on Real Estate Improvement--define as theft HB 1266. Occupational Therapy--regulate HB 1273. Alcoholism & Intoxication Treatment Act--effective date HB 1274. Employees' Retirement Sys.--Agriculture Commodity Commission
members HB 1276. Crime of Perjury--punishment HB 1282. Missing Person Assumed Dead--probate of will HB 1308. State Supported Military College--tuition grants HB 1408. Tax Com. & Collector--receipt of checks and money orders HB 1412. Retirement System Property Investment or Asset--tax exempt HB 1446. "Georgia Civil Practices Act"--amend HB 1494. Pharmacies, Drugs--regulatory fees set by Pharmacy Board HB 1514. Death Certificate--issuance HB 1517. Custody of Children--review, modification or alteration of
judgment HB 1564. Juvenile Escaped from Institution--conditions for sheriff's
custody HB 1600. Gwinnett County--unreturned property for tax purposes (SUB) HB 1613. State Dept., Agency--unlawful to purchase beef outside U. S. HB 1618. Osteopaths--repeal certain licensing provisions (SUB) HB 1628. Used Mot. Veh. Parts Dealer Regis. Act--change certain defini
tions HB 1674. Trials at First Term--repeal divorce case provisions
HB 1704. Warm Air Heat. Contractors Board of Examiners--composition
HB 1720. Possess of 1 oz. or Less of Marijuana--tried certain courts
HB 1744. Student Grants--change amount

2460

JOURNAL OF THE SENATE,

HB 1748. Regis. of Geologists Act of 1975--change certain Section numbers HB 1756. Joint Board of Family Practice--create HB 1773. Marriage License--minimum age provisions HB 1784. Assault Upon Law Enforcement Officer--provide for crime HB 1795. Eavesdropping and Surveillance--certain activities not unlawful HB 1877. Game and Fish--change certain license fees HB 1902. Sales Tax--amount of credit for tax paid in another state HB 1907. Radiation Control Act--amend policy declared HB 1939. Nursing Home Administrator--must be licensed HB 1968. Permit for Relocation of Mobile Homes--fine for violation HB 2079. Governor's Annual Report to General Assembly--change date due HR 600. Elbert County Law Library--State Library furnish certain books
HR 614. Education Laws Study Committee--create (AM) HR 803. Funds from U. S.--plan, provide grants for safe transportation HR 813. Full Employment in Georgia Study Committee--create (SUB) HR 861. Curriculum Study Committee for Public Schools--create HB 1515. Jury Lists--revise in counties selecting by electronic means HB 1886. Insurance Premium--insurer responsible to finance company
(AM) HB 2050. Cities, Counties, School Districts--additional investments HR 543. Small & Minority Owned Businesses Study Committee--create
(AM) Respectfully submitted, /s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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:

SR 323. By Senators Coverdell of the 40th and Riley of the 1st: A resolution to amend the Rules of the Senate.

Senator Riley of the 1st moved that SR 323 be tabled.

On the motion, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

THUESDAY, MARCH 4, 1976

2461

Those voting in the affirmative were Senators:

Ballard Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Fincher Gillis

Hamilton of 26th Hamilton of 34th Hudson Kennedy Kidd Langford
Lester Lewis McDowell McGill Overby

Riley
Starr Stephens Summers Tate Thompson Timmons Traylor Turner Young

Those voting in the negative were Senators:

Banks Barker Barnes Bell Brantley

Coverdell Eldridge Foster Garrard Reynolds

Robinson Shapard Stumbaugh Sutton Tysinger

Those not voting were Senators:

Hill Holley Holloway (presiding)

Howard Hudgins McDuffie

Pearce Russell Warren

On the motion, the yeas were 32, nays 15; the motion prevailed, and SR 323 was tabled.
HB 282. By Representatives Snow and Hays of the 1st, Taggart of the 125th and others:
Senate Sponsor: Senator Summers of the 53rd.
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".
The following fiscal note, as required by law, was read by the Secretary:

February 25, 1975
Honorable Thomas B. Buck, III State Representative District 95 State Capitol Atlanta, Georgia 30334
Dear Representative Buck:
Fiscal Note to Committee Substitute to H.B. 282
The Georgia Firemen's Pension Fund has discussed this substitute bill with our actuary, Mr. Ed Bryant of Tillinghast and Company, Inc.

2462

JOURNAL OP THE SENATE,

Mr. Bryant has informed us that the people involved in this Committee Substitute have already been figured in our actuarial evaluation and will place no additional liability against the Fund. However, these people were incorrectly put on the retirement roster for the actuarial evaluation. Mr. Bryant also informed us that this type of legislation not only opens the door to the Fund for other "Sweetheart" bills placed against it on the class 8 classification made by the Insurance Service Office, but also the 75% qualifications of meetings, drills and fires that was set forth at the beginning of our Fund in 1955.

The Georgia Firemen's Pension Fund feels that if this legislation should pass it will set a precedent for a number of bills of this nature to be placed against the Fund each year by individuals who are wanting their service changed to meet their own personal needs, as stated in our letter to you on H.B. 282 as it was originally written.

The total benefits paid by the Georgia Firemen's Pension Fund per year on these nine people is $9,384. They have drawn retirement benefits from this Fund which has ranged from a low of $5,562.50 to a high of $10,671.58. This well exceeds the contributions they have paid into this Fund which could not exceed $1,090 dues by December, 1973.
For the future soundness of the Georgia Firemen's Pension Fund, we must oppose this type of legislation since the Board of Trustees does not set the class 8 classifications of these fire departments.
We would greatly appreciate your consideration of their request.
Respectfully submitted,
GEORGIA FIREMEN'S PENSION FUND
/s/ James H. Stewart Secretary-Treasurer For the Board of Trustees
The Senate Committee on Retirement offered the following amendment:

Amend HB 282 by striking on Page 2, lines 10 through 21 in their entirety;

and

By inserting on Page 2, line 9, a quotation mark immediately fol lowing the word "department".

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

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

THURSDAY, MARCH 4, 1976

2463

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

Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Carter
Dean of 6th
Dean of 31st
Duncan
Eldridge
Fincher

Foster Hamilton of 26th Hamilton of 34th Hill Hudson Kennedy Kidd Lester
Lewis
McDowell
McGill
Reynolds
Riley
Robinson

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

Those voting in the negative were Senators:

Coverdell Doss

Garrard Langford

Overby Stephens

Those not voting were Senators:

Brown of 47th Gillis Holley

Holloway (presiding) Howard Hudgins

McDuffie Pearce Russell

On the passage of the bill, the yeas were 41, nays 6'.

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

Senator Fincher of the 54th moved that the following bill of the House be committed to the Committee on Human Resources:

HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others:
A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1934 was committed to the Committee on Human Resources.

2464

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 326. By Representative Buck of the 95th:
Senate Sponsor: Senator Riley of the 1st.
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the duties of the Actuary.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OP 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 and Budget Officer

DATE:

February 24, 1976

SUBJECT:

Fiscal Note--House Bill 326 Committee Substitute Employees' Retirement System

This bill would guarantee that the assets and the earnings or pro ceeds derived from the investments or assets of the Employees' Retire ment System are exempt from State, county or municipal taxes. The bill provides also that the transfer or sale of investments or assets by the Retirement System is exempt from taxes.

This bill would have no actuarial effect on the Retirement System and its passage would insure that the earnings from the investments would not be reduced by any taxes.

/s/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning and Budget Officer

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

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

THURSDAY, MARCH 4, 1976

2465

Those voting in the affirmative were Senators:

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

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy Kidd Langford Lester
Lewis McDowell McGill
Overby Reynolds

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

Those not voting were Senators:

Banks Broun of 46th Dean of 6'th
Fincher

Holloway (presiding) Howard Hudgins McDuffie

Pearce Robinson Russell Tysinger

On the passage of the bill, the yeas were 44, nays 0.

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

HB 422. By Representatives Burton of the 47th, Larsen of the 27th and McKinney of the 35th:
Senate Sponsor: Senator McGill of the 24th.
A bill to create the State Board of Examiners of Water Well Contrac tors.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following amendment:
Amend HB 422 by striking on Page 1, line 7, and on Page 2, lines 13 and 22, the word "Human" and substituting in lieu thereof the following:
"Natural",
and
By striking on Page 2, line 9, the word "two" and substituting in lieu thereof the following:
"three",
and

2466

JOURNAL OF THE SENATE,

By striking on Page 2, line 11, the following language:

"(d) one public member appointed by the Governor."

Senator McDowell of the 2nd offered the following amendment:

Amend the amendment offered by the Committee on Economy, Re organization and Efficiency in Government by striking on line 3 the word "Natural" and inserting in lieu thereof the word "Human".

On the adoption of the amendment, the yeas were 10, nays 23, and the amend ment to the committee amendment was lost.

On the adoption of the committee amendment, the yeas were 33, nays 4, and the amendment was adopted.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Kennedy Kidd Langford Lester Lewis McGill Overby Reynolds Riley
Robinson

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

Voting in the negative were Senators Hudson and McDowell.

Those not voting were Senators:

Barnes Broun of 46th Holloway (presiding)

Howard Hudgins

McDuffie Pearce

On the passage of the bill, the yeas were 47, nays 2.

THURSDAY, MARCH 4, 1976

2467

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

Senator Hamilton of the 26th introduced the doctor of the day, Dr. G. A. Johnston, of Macon, Georgia.

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

HB 781. By Representative Greer of the 43rd:
Senate Sponsor: Senator Duncan of the 30th.
A bill to amend Code Chapter 92-34, relating to the estate tax, so as to provide for the filing and time for filing of certain estate tax documents, to provide interest rates in certain instances, to provide a filing time for estate tax returns, to provide appraisal of estates by the State Revenue Commissioner in certain instances, to provide time of payment, and to provide interest rates in certain businesses.

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

On the passage of the bill, a roll call was taken, 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
Duncan
Eldridge

Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy
Kidd
Langford
Lester
Lewis
McDowell
Overby

Those not voting were Senators:

Coverdell Garrard Holloway (presiding) Howard

Hudgins McDuffie McGill Pearce

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

2468

JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 45, nays 0.

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

HB 883. By Representative Marcus of the 26th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 79A-702 relating to the definition of dangerous drugs so as to include certain dangerous drugs which have entered the market since Feb. 1, 1972.

The Senate Committee on Human Resources offered the following substitute to HB 883:
A BILL
To be entitled an Act to amend Code Section 79A-702, relating to the definition of dangerous drugs, as amended, so as to include certain dangerous drugs which have entered the market since February 1, 1972; 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 79A-702, relating to the definition of dangerous drugs, as amended, is hereby amended by striking from sub section (b), the following:
"1972",
and inserting in lieu thereof the following:
"1976",

so that when so amended subsection (b) of Code Section 79A-702 shall read as follows:
"(b) Any drug, substance or device declared by the State drug inspector to be a 'dangerous drug' and included in the official publication of dangerous drugs compiled by the State drug inspector pursuant to the provisions of Code Section 79A-306, as said official publication of dangerous drugs read on February 1, 1976."
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.

THURSDAY, MARCH 4, 1976

2469

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

On the passage of the bill, a roll call was taken, 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 Doss Eldridge Pincher Foster

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

Those not voting were Senators:

Coverdell Dean of 6th Duncan Garrard Gillis

Holloway (presiding)

Howard

Hudgins

.

McDuffie

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

On the passage of the bill, the yeas were 43, nays 0.

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

HB 918. By Representative Larsen of the 27th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Section 53-503, providing a wife is a feme sole as to her separate estate, as amended by an Act approved Mar. 14, 1969, so as to authorize a married woman to act as a surety on bail bonds in criminal cases for persons other than her husband.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

2470

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, 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 31st Doss Eldridge Fincher Foster Hamilton of 26th

Hamilton of 34th Hill Holley Hudson Kennedy Kidd Langford Lester Lewis McGill Overby Pearce Reynolds Riley

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

Those not voting were Senators:

Brantley Broun of 46th Coverdell Dean of 6th Duncan

Garrard Gillis Holloway (presiding) Howard Hudgisv

McDowell McDuffie Starr Stumbaugh Warren

On the passage of the bill, the yeas were 41, nays 0.

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

HB 1258. By Representatives Russell of the 53rd, Bray of the 70th, Karrh of the 106th and Evans of the 84th:
Senate Sponsor: Senator Banks of the 17th.
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to prohibit use, with intent to defraud, of proceeds of any payment made on account of improvement of real property for any other purpose than payment for labor or services performed or material furnished.

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

On the passage of the bill, a roll call was taken, 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

THURSDAY, MARCH 4, 1976

2471

Doss
Duncan Eldridge Fincher
Foster Gillis Hill Holley 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 Young

Those not voting were Senators:

Coverdell
Garrard Hamilton of 26th Hamilton of 34th

Holloway (presiding)
Howard Hudgins

McDuffie
Starr Warren

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

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

HB 1266. By Representatives Noble of the 48th, Marcus of the 26th, Richardson of the 52nd:
Senate Sponsor: Senator Hill of the 29th.
A bill to regulate occupational therapy; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to pro vide for the Georgia State Board of Occupational Therapy, its establish ment, terms of office, vacancies, and removal 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, a roll call was taken, 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 Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy

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

2472

JOURNAL OF THE SENATE,

Shapard Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons

Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard Coverdell Holloway (presiding)

Howard Hudgins McDuffie

Starr Warren

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

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

HB 1273. By Representatives Mullinax of the 69th, Adams of the 14th, Ware of the 68th and others:
Senate Sponsor: Senator McDowell of the 2nd.
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws 1974, p. 200) as amended, so as to change the date on which the provisions 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, a roll call was taken, 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 Hudgins Hudson Kennedy Kidd Langford
Lester
Lewis
McDowell
McGill
Overby
Pearce

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

Voting in the negative was Senator Hamilton of 26th.

THURSDAY, MARCH 4, 1976

2473

Those not voting were Senators:

Duncan Hill Holloway (presiding)

Howard McDuffie

Stephens Summers

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1274. By Representatives Castleberry of the lllth, Chance of the 129th, Wheeler of the 152nd 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 Agricultural Commodity Commissions, as established by an Act known as the "Georgia Agricultural Commodities Promotion Act", to become members of the Employees' Retirement System of Georgia.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

PROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning and Budget Officer

DATE :

February 27, 1976

SUBJECT: Fiscal Note--House Bill 1274 Committee Amendment Employees' Retirement System

The proposed Committee Amendment will not change the amount of the fiscal impact cited in the previous fiscal note, however, the costs would now be paid from funds of the Agricultural Commodity Com missions rather than from funds appropriated to the Department of Agriculture.
is/ E. B. Davis State Auditor
/s/ J. T. Mclntyre, Jr. State Planning and Budget Officer

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

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

2474

JOURNAL OF 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 Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Hudgins Kennedy Kidd Lester Lewis McDowell McGill

Overby Pearce Reynolds Stephens Stumbaugh Summers Tate Thompson Traylor Turner Young

Those voting in the negative were Senators:

Bell Coverdell

Robinson Shapard

Tysinger Warren

Those not voting were Senators:

Brantley Duncan Hill
Holloway (presiding) Howard

Hudson Langford McDuffie
Riley Russell

Starr Sutton Timmons

On the passage of the bill, the yeas were 37, nays 6.

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

HB 1276. By Representative Fraser of the 139th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Chapter 26-24, relating to the crimes of perjury and other falsifications.

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

On the passage of the bill, a roll call was taken, 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 Foster Gillis Hamilton of 26th Hamilton of 34th

THURSDAY, MARCH 4, 1976

2475

Holley Hudgins Kennedy Kidd Lester Lewis McDowell McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Barker Duncan Fincher Garrard Hill Holloway (presiding)

Howard Hudson Langford McDuffie Russell (excused conferee)

Timmons (excused conferee) Young (excused conferee)

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1282. By Representative Greer of the 43rd:
Senate Sponsor: Senator Banks of the 17th.
A bill to amend an Act providing for the administration of estates of persons who are missing and for the probate of wills of such persons so as to provide a procedure for the administration of estates and the probate of wills of persons who are missing under cir cumstances which would lead to the conclusion that said persons are dead.

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

On the passage of the bill, a roll call was taken, 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

Hudson Kennedy Kidd Langford Lester Lewis McGill Overby Pearce Reynolds Riley

2476

JOURNAL OF THE SENATE,

Robinson Russell Shapard Starr Stumbaugh

Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren

Those not voting were Senators:

Duncan Hill Holloway (presiding)

Howard Hudgins McDowell

McDuffie Stephens Young

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.

The following bill of the Senate was taken up for the purpose of con sidering the House substitute thereto:

SB 415. By Senator Riley of the 1st:
A bill to amend Code Chapter 93-2, relating to the Public Service Commission, so as to provide that each action taken by the Commis sion on any matter before it shall be reduced to writing and shall be signed by the Chairman and -Secretary of the Commission.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 93-307.1, relating to certain actions by the Public Service Commission, so as to provide that each action taken by the Commission on any matter before it shall be reduced to writing and shall be signed by the Chairman and Secretary of the Commission; to provide that all such actions and orders shall be effective on the date such actions are reduced to writing and signed; to provide that no action of the Commission may be given retroactive effect; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 93-307.1, relating to certain actions by the Public Service Commission, is hereby amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Any action taken by the Commission under the pro visions of this Section shall be reduced to writing by the Com-

THURSDAY, MARCH 4, 1976

2477

mission and signed by the Chairman and Secretary thereof. All such actions and orders shall be effective from the date such actions are reduced to writing and are signed as herein provided. No such action or order of the Commission may be given retroac tive effect. A full and complete record shall be kept of the votes taken in connection with any such action, said record to be spread upon the official minutes of the Commission."

Section 2. 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 415.

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 Barnes Bell , Bond Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge
Fincher

Poster
Gillis Hamilton of 26th Hamilton of 34th Holley Hudson Kidd Langford Lester Lewis McDowell McGill Overby Pearce
Reynolds

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

Those not voting were Senators:

Coverdell Dean of 6th Garrard Hill

Holloway Howard Hudgins Kennedy

McDuffie Stephens Young

On the motion, the yeas were 45, nays 0; the motion prevailed, and the House substitute to SB 415 was agreed to.

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

HB 1308. By Representatives Murphy of the 18th, Vaughn of the 57th, Parrish of the 97th and Harrison of the 20th:
Senate Sponsor: Senator Pearce of the 16th.
A bill to declare the intent of the General Assembly to encourage training and service in the military by authorizing tuition grants under

2478

JOURNAL OF THE SENATE,

certain conditions to students in the State-supported military college; to provide definitions; to provide for application for and administration of said grants.

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

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

Those voting in the affirmative were Senators

Ballard Banks Barker Bell Bond Baroun of 46th Brown of 47th Carter Dean of 6th
Dean of Slet
Doss
Fincher
Foster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy Kidd Langford Lester
Lewis
McDowell
McGill
Pearce
Reynolds

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

Those voting in the negative were Senators:

Barnes Brantley

Eldridge

Sutton

Those not voting were Senators:

Coverdell Duncan Holloway

Howard Hudgins McDuffie

Overby Stumbaugh Warren

On the passage of the bill, the yeas were 43, nays 4.

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

HB 1412.' By Representative Buck of the 95th:
Senate Sponsor: Senator Riley of the 1st.
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to provide that the tangible, intangible, real, personal or mixed property investments or assets of the Retirement System are public property and exempt from taxation and from levy and sale, garnishment, attachment or any other process whatsoever.

THURSDAY, MARCH 4, 1976

2479

The following fiscal note, as required by law, was read by the Secretary:

January 22, 1976

MEMORANDUM

TO:

Mr. Ernest B. Davis, State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers' Retirement System

SUBJECT: House Bill 1412

This bill would guarantee that the assets and the earnings or proceeds derived from the investments or assets of the Teachers Retire ment System are exempt from State, county or municipal taxes. The bill provides also that the transfer or sale of investments or assets by the retirement system is exempt from taxes.

This bill would have no actuarial effect on the retirement system and its passage would insure that the earnings from the investments would not be reduced by any taxes.

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

On the passage of the bill, a roll call was taken, 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 Dean of 31st Doss Duncan Eldridge Fincher
Foster
Garrard
Gillis

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

Those not voting were Senators:

Banks Bond

Coverdell Howard

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

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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 1446. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend an Act comprehensively and exhaustively revising, superceding and modernizing pretrial, trial and certain post trial procedures in civil cases, known as the "Georgia Civil Practice Act"; to provide for an effective date.

Senator Barnes of the 33rd offered the following amendment:
Amend HB 1446 by inserting after line 20 on Page 4 a new Section 3(a):
"3(a) In any action in which a physician shall bring a civil action for the collection of his fees for services performed a default judgment shall not be allowed to be entered. Be it further pro vided that when any suit is brought jjnder this subsection by a physician for the collection of his fees then the physician shall present at least 2 expert witnesses that the said fees are reason able and not exorbitant at the trial of the case."
Senator Pearce of the 16th offered the following amendment:
Amend HB 1446 by striking subsection 3 of Section 1.

Senator Lester of the 23rd moved that HB 1446 be committed to the Committee on Human Resources.

Senator Langford of the 51st moved the previous question.

The President ruled that the motion for the previous question takes prec edence.
On the motion, the yeas were 35, nays 5; the motion prevailed, and the previous question was ordered.
On the amendment offered by Senator Barnes of the 33rd, the yeas were 6, nays 36, and the amendment was lost.
On the amendment offered by Senator Pearce of the 16th, the yeas were 9, nays 30, and the amendment was lost.

THURSDAY, MARCH 4, 1976

2481

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Poster Garrard

Gillis Hamilton of 26th Holley Holloway Howard Hudson Kennedy Kidd Langford Lewis McDowell McGill 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:

Banks Barnes

Hamilton of 34th Lester

Overby Pearce

Those not voting were Senators:

Bond Duncan

Hill Hudgins

McDuffie

On the passage of the bill, the yeas were 45, nays 6.

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 Senate:
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 At lanta and Fulton County.

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JOURNAL OP THE SENATE,

SB 672. By Senator Foster of the 50th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, Georgia, as amended, so as to provide that the governing au thority of Rabun County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said County.

SB 698. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creat ing a new charter for said city, as amended, so as to change the date for regular city elections; to repeal the provisions prohibiting political activities by officers and employees of the city.

SB 699. By Senator Lewis of the 21st:
A bill to create a new charter for the City of Waynesboro and repealing previously enacted charters; to prescribe the corporate limits of said city; to provide for the government of said city and its corporated powers; to provide for governing authority of said city and for the election, terms of office and powers and duties of the members thereof.

SB 700. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court for Long County, Georgia, to be known as the Small Claims Court of Long County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims Court.

SB 701. By Senator Traylor of the 3rd:
A bill to amend an Act establishing the State Court of Bryan County (formerly the City Court of Pembroke), as amended, so as to change the eligibility requirements for the office of judge and the office of solicitor of said court.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

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 Pulton County, so that the term "income" shall mean adjusted gross income under federal laws.

SR 317. By Senator Thompson of the 32nd: A resolution proposing an amendment to the Constitution, so as to

THURSDAY, MARCH 4, 1976

2483

provide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have net income not exceeding $6,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection.

SR 377. By Senator McDuffie of the 19th:
A resolution proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Dodge County by the qualified voters of said County and to provide for education districts in connection therewith; to provide for the sub mission of this amendment for ratification or rejection.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 688. By Senator Traylor of the 3rd:
A bill to amend an Act creating a Board of Commissioners of Glynn County, Georgia, as amended, so as to change the composition and method of election of members of the board of commissioners; to provide for the election and terms of members of the board of com missioners.

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

SB 649. By Senator Bell of the 5th:
A bill to create a committee to be entitled the "DeKalb County Citizens' Committee for Efficient Government" for the purpose of examining into and evaluating the various and existing ordinances and State laws establishing the administrative structure of DeKalb County government for the purpose of making recommendations relative to the passage of legislation.

SB 511. By Senator Robinson of the 27th:
A bill to amend an Act providing for compulsory school attendance, so as to authorize specified persons to arrest or assume temporary custody of a child who is subject to compulsory full-time education, is away from home, and is absent from school without a valid excuse within the county, city or area school district.

SB 489. By Senators Warren of the 43rd, Howard of the 42nd, Coverdell of the 40th and others:
A bill to amend Code Chapter 85-10, relative to tenancy in common, as amended, so as to provide for right of survivorship between joint tenants; to change the provisions relative to tenancies in common.

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JOURNAL OF THE SENATE,

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1376'. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting member of the board of tax assessors in all counties.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Knight of the 67th, Logan of the 62nd and Howard of the 19th.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 492. By Senator Warren of the 43rd:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party ac counts; to provide for ownership and payments during lifetime; to provide for right of survivorship.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 472. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A bill to provide that landlords shall account to their tenants for interest on security or damage deposits placed with the landlord; to provide the procedures connected therewith.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees Retirement System approved Feb. 3, 1949 so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.

THURSDAY, MARCH 4, 1976

2485

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 363. By Senator Garrard of the 37th:
A resolution creating the Fulton-DeKalb Hospital Authority Study Com mittee.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 1622. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-305, relating to mandatory suspension of licenses, so as to provide that conviction for failure to stop, render aid, identify themselves, hit and run, or leaving the scene of an accident shall require the mandatory suspension of a motor vehicle operator's license.

HB 732. By Representatives Walker of the 115th, Russell of the 53rd, Hill of the 127th and Evans of the 99th:
A bill to amend an Act creating the Georgia Crime Information Center and a criminal justice information system so as to change the composi tion of the Advisory Council for the Georgia Crime Information Center; to provide that the Governor shall be Chairman of the Advisory Council.

The House has agreed to the Senate amendment to the following bill of the House:
HB 718. By Representatives Dean of the 29th, Glover of the 32nd, Brown of the 34th and others:
A bill to amend an Act requiring the State Department of Human Re sources (formerly Department of Public Health) in cooperation with the State Board of Education, to promulgate rules and regulations pro viding for eye, ear and dental examinations for students in the public schools of this State, so as to promulgate rules and regulations providing for a nutritional evaluation of students in the public schools of the State.
The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:
HR 586. By Representative Games of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize and empower the governing authority of Fulton County, Georgia, to enact ordinances and traffic regulations for the

2486

JOURNAL OF THE SENATE,

policing and governing of the unincorporated areas of said County and the enforcement of all duties and powers now or hereafter vested in said Board and provided penalties for violation of such ordinances; to provide for the submission of this amendment for ratification or re jection at the next General Election; and for other purposes.

Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VI, Section I of the Constitution of the State of Georgia of 1945, by, and the same is hereby amended to add the following new paragraph, which shall read as follows:

"The General Assembly of the State of Georgia is hereby au thorized :

1. The governing authority of Fulton County is hereby autho rized and empowered to adopt ordinances and regulations, including traffic regulations, for the governing and policing of the unincorpo rated areas of said county for the purpose of protecting and pre serving the health, safety, welfare and morals of the citizens there of as it may deem advisable, not in conflict with the general laws of this State and of the United States; and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority; and to provide penalties for violations of such ordinances, setting the nature and amount of such penalties or punishments; and to designate the Court or Courts which shall have jurisdiction in Fulton County over such offenses."

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 empower the governing authority of Fulton Coun ty to adopt ordinances or regulations, including traffic
( ) NO regulations for the governing and policing of the un incorporated areas of said County; and for the enact ment of punishment or penalties for the violation of such ordinances, and designation of a Court which shall have jurisdiction over such ordinances and reg ulations?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

THURSDAY, MARCH 4, 1976

2487

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 taken, 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 Garrard

Gillis Hamilton of 26th Hamilton of 34th 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 not voting were Senators:

Duncan

Langford

Stumbaugh

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

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

HR 719. By Representative Tucker of the 73rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that law enforcement powers of Henry County shall be vested in the Sheriff of Henry County and that the governing authority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforcement purposes and to authorize the General Assembly to provide by law for any matters necessary or incidental thereto; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORr"T A .

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JOURNAL OF THE SENATE,

Section 1. Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Any other provisions of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by law that the law enforcement powers of Henry County shall be vested in the Sheriff of Henry County, and that the governing au thority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforce ment purposes. In exercising the powers herein granted, the General Assembly shall be authorized to provide by law for any matters necessary or incidental to providing effective law enforcement for Henry County in such manner and pursuant to such terms, condi tions and requirements as the General Assembly shall determine."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law that law en forcement powers of Henry County shall be vested in the Sheriff of Henry County and that the governing
( ) NO authority of Henry County shall not be authorized to create a county police department or otherwise employ personnel for law enforcement purposes and to au thorize the General Assembly to provide by law for any matters necessary or incidental thereto?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 taken, and the vote was as follows:

THURSDAY, MARCH 4, 1976

2489

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46'th 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 Overby Pearce

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

Those not voting were Senators:

Duncan

Langford

Stumbaugh

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 755. By Representatives Parrish of the 97th, Buck of the 95th, King of the 96th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Muscogee County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Muscogee 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 hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said

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JOURNAL OF THE SENATE,

exemption shall be returned and claimed in such manner as pre scribed by the General Assembly. The increased exemption pro vided for herein shall apply to all taxable years beginning after December 31, 1977.

Each resident of Muscogee County who is sixty-five (65) years of age or over is hereby granted an exemption from all Muscogee County ad valorem taxes in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include in come received as retirement, survivor or disability 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. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner of Muscogee County, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax pur poses, and such additional information relative to receiving the bene fits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemp tion. The tax commissioner shall provide affidavit 'forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file
the said affidavit thereafter for any year and the said exemption
shall continue to be allowed to such owner. It shall be the duty of
any such owner, however, to notify the tax commissioner in the
event he becomes ineligible for any reason for the exemption pro
vided in this paragraph. The General Assembly may provide by law
for the proper administration of this exemption including penalties
necessary therefor. The increased exemption provided for herein
shall apply to all taxable years beginning after December 31, 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:

THURSDAY, MARCH 4, 1976

2491

" ( ) YES Shall the Constitution be amended so as to increase the amount of each homestead of each resident of Muscogee County, which is exempt from county and school taxes, from $2,000.00 to $5,000.00, and to in-
( ) NO crease from $4,000.00 to $8,000.00 the amount of the homestead of each resident of Muscogee County who is sixty-five (65) years of age or over and whose income does not exceed $4,000.00, which is exempt from ad valorem taxes for county purposes?"

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 taken, 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 Overby Pearce

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

Those not voting were Senators:

Duncan

Langford

Stumbaugh

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

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JOURNAL OF THE SENATE,

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

HR 810. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Macon-Bibb County Urban Development Authority to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operat ing, extending, repairing and improving land, buildings, and facilities for use by the County of Bibb and the City of Macon, either or both, for their governmental, proprietary or administrative functions; to authorize the Macon-Bibb County Urban Development Authority, the County of Bibb and the City of Macon to enter into contracts and leases pertaining to the use of such facilities for terms not exceeding fifty years, obligating the County of Bibb and the City of Macon to pay such sums as may be agreed upon for the use of such facilities; to authorize the County of Bibb and the City of Macon to levy taxes in order to provide funds to make the payments required under any such contract or lease, and to expend money derived from taxation or other available sources and pledge same as provided in any such contract or lease with the Macon-Bibb County Urban Development Authority; to provide that bonds issued and contracts or leases entered into by the Macon-Bibb County Urban Development Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is self-enacting and does not require any enabling legislation for it to become effective, but to authorize the General Assembly to amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority in cer tain specified respects and otherwise in any manner not inconsistent with the provisions of said amendment; to ratify and confirm all amend ments to said Act heretofore enacted by the General Assembly; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Macon-Bibb County Urban Development Authority is further authorized to issue bonds for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repair ing and improving land, buildings and facilities for use by the County of Bibb and the City of Macon, either or both, for their governmental, proprietary or administrative functions. Said MaconBibb County Urban Development Authority, the County of Bibb and the City of Macon are authorized to enter into contracts and leases pertaining to the use of such facilities for terms not ex ceeding fifty years, obligating the County of Bibb and the City of

THURSDAY, MARCH 4, 1976

2493

Macon to pay such sums as may be agreed upon for the use of such facilities. The County of Bibb and the City of Macon are authorized to levy taxes in order to provide funds to make the payments re quired under any such contract or lease, and to expend money de rived from taxation or other available sources and pledge same as provided in any such contract or lease with the Macon-Bibb County Urban Development Authority. Bonds issued and contracts or leases entered into by the Macon-Bibb County Urban Development Au thority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article VII, Sec tion VII, Paragraph I of the Constitution of the State of Georgia. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General As sembly may amend the provisions of the Act creating the MaconBibb County Urban Development Authority (Ga. Laws 1974, p. 3093, et seq.) to make it more perfectly reflect the purposes, terms and provisions hereof, to further define the purposes of the MaconBibb County Urban Development Authority, to further define, pre scribe and enlarge the powers and duties of said Authority (and of the County of Bibb and the City of Macon as same relate to the Authority and its undertakings) and the exercise thereof, to further regulate the management and conduct of said Authority, and to otherwise amend said Act in any manner not inconsistent with the provisions of this amendment as the General Assembly deems ap propriate, and all amendments to said Act heretofore enacted by the General Assembly are hereby ratified and confirmed."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to au thorize the Macon-Bibb County Urban Develop ment Authority to issue bonds for the purpose of acquiring, constructing, equipping, maintain-
( ) NO ing, operating, extending, repairing and improv ing land, buildings and facilities for use by the County of Bibb and the City of Macon, either or both, for their governmental, proprietary or ad ministrative functions; to authorize the MaconBibb County Urban Development Authority, the County of Bibb and the City of Macon to enter into contracts and leases pertaining to the use of such facilities for terms not exceeding fifty years, obligating the County of Bibb and the City of Macon to pay such sums as may be agreed upon for the use of such facilities; to authorize the County of Bibb and the City of

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JOURNAL OF THE SENATE,

Macon to levy taxes in order to provide funds to make the payments required under any such contract or lease, and to expend money derived from taxation or other available sources and pledge same as provided in any such contract or lease with the Macon-Bibb County Urban De velopment Authority; to provide that bonds issued and contracts or leases entered into by the Macon-Bibb County Urban Development Au thority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is selfenacting and does not require any enabling legislation for it to become effective, but to au thorize the General Assembly to amend the pro visions of the Act creating the Macon-Bibb County Urban Development Authority in cer tain specified respects and otherwise in any manner not inconsistent with the provisions of said amendment, and all amendments to said Act heretofore enacted by the General Assembly are hereby ratified and confirmed?"

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 taken, and the vote was as follows:

Those voting 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 Pincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

THURSDAY, MARCH 4, 1976

2495

Reynolds Riley Robinson Russell Shapard Starr

Stephens Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan

Langford

Stumbaugh

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

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

HR 857. By Representatives Carlisle and Mostiler of the 71st and Bailey and West of the 72nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that effective January 1, 1981, the County School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section VI, Paragraph II of the Constitu tion is hereby amended by adding at the end thereof the following paragraph:
"The Board of Education of Fayette County, effective January 1, 1981, shall appoint the County School Superintendent of Fayette County, and no election for County School Superintendent shall be held in 1980. Until such date, the County School Superintendent heretofore elected shall continue in office through December 31, 1980. The Superintendent shall serve at the pleasure of the Board of Education and shall be subject to all other provisions of this Constitution and laws not in conflict herewith."
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 effective January 1, 1981, the County

2496

JOURNAL OF THE SENATE,

( ) NO

School Superintendent of Fayette County shall be appointed by the Board of Education of Fayette County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Overby Pearce

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

Those not voting were Senators:

Duncan

Langford

Stumbaugh

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

THURSDAY, MARCH 4, 1976

2497

The following communication from the Secretary of State was read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta 30334

March 3, 1976

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

Dear Mr. McWhorter:

I am enclosing herewith Certified List of those persons registered in the Docket of Legislative Appearance (numbered 348 through 391) as of Wednesday, March 3, 1976, in accordance with Act No. 1294, Georgia Laws 1970.

With best wishes, I am

Sincerely your friend,
l&l Ben W. Fortson, Jr. Secretary of State

Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 348 through 391), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1976 Session of the Georgia General Assembly as of Wednesday, March 3, 1976, 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 3rd day of March, in the year of our Lord One Thousand Nine Hundred and Seventy-Six and of the Independence of the United States of America the Two Hundredth.

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

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JOURNAL OF THE SENATE,

348. John P. Carver Professional Firefighters of Georgia, Local 2482 2425 Springdale Road, S. W. Atlanta, Georgia 30315

349. BillHardman Hardman & Stuckey, Inc. 1380 West Paces Ferry Road, N. W. Suite 100 Atlanta, Georgia 30327

350. William A. Bagwell American Mutual Insurance Alliance P. O. Box 1 Gainesville, Georgia 30501

351. Ben D. Harris Home Builders Association of Georgia 3050 Acorn Road Augusta, Georgia 30906

352. J. H. Hudson Eli Lilly and Company 5944 Peachtree Corners, East Norcross, Georgia 30071

353. Hiram U. Skeggs Professional Firefighters of Georgia -- Local #1492

354. Stanley A. Hindmon Professional Firefighters of Georgia -- Local #1492

355. Charles Fortson CWA -- Georgia Political Council B-6 Trail Creek Estates Athens, Georgia 30601

356. John T. Anderson, Jr. Babcock and Wilcox Co. P. 0. Box 923 Augusta, Georgia 30903

357. A. T. Johnson Dodge County Association of Educators Route Two, Box 17 Lakeland, Georgia 31635

THURSDAY, MARCH 4, 1976
358. J. D. Caswell Homebuilders Association of Georgia 2204 Ponds Road Duluth, Georgia 30136
359. Keith R.Ashby General Telephone Company 219 Gardenia Drive Moultrie, Georgia 31768
360. Charlie Brown CWA - Georgia Political Council 2792 Skyline Drive Macon, Georgia 31201
361. Wade King CWA - Georgia Political Council 2792 Skyline Drive Macon, Georgia 31201
362. Clint Gillespie CWA - Georgia Political Council P.O. Box 431 Locust Grove, Georgia 30248
363. Mrs. Helen H. Mills Self 44 Putnam Drive, N. W. Atlanta, Georgia 30342
364. Luke Livingston Sandoz Pharmaceuticals 3307 Leeds Way Duluth, Georgia 30136
365. Garry Wallace Georgia Citizens Action Committee to Save Clark Hill 1886 Chisolm Court Tucker, Georgia 30084
366. Bob Short Hoffman-LaRoche 3543 Kingsboro Road, N. E. Atlanta, Georgia 30319
367. Edwin B. Topmiller Georgia Sport Shooting Assn., Inc. Box 9748 Atlanta, Georgia 30319

2499

2500

JOURNAL OF THE SENATE,

368. Thomas W. Rhodes Will Ross, Inc. 4000 First National Bank Tower Atlanta, Georgia 30303

369. Wade E. Holland, Jr. Nationwide Insurance Companies and Affiliates 2704 Bensmin Drive West Columbia, S. C. 29169

370. Archie D. Yawn Air Transport Association Southern Airways, Inc. Hartsfield International Airport Atlanta, Georgia 30320

371. Julia Dyar Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309

372. Patrice Pop Common Cause 3223 DeKalb Lane Norcross, Georgia 30071

373. James Clark Fulton County Association of Educators 6580 Buckhurst Trail College Park, Georgia 30349

374. Fred B. Kitchens, Jr. Georgia Distilled Spirits Institute, Inc. One Piedmont Center, Suite 410 3565 Piedmont Road, N. E. Atlanta, Georgia 30305

375. Robert Rothman General Motors Corporation 3031 W. Grand Boulevard Detroit, Michigan
376. Samuel W. Calhoun General Motors Corporation 2500 Trust Company Tower Atlanta, Georgia 30303
377. Byron Attridge General Motors Corporation 2500 Trust Company Tower Atlanta, Georgia 30303

THURSDAY, MARCH 4, 1976

2501

378. Mrs. Mamie K. Taylor Georgia Federation of Business and Professional Women's Clubs 1137 Briarcliff Road, N. E, Atlanta, Georgia 30306

379. W. StellHuie Registered Agent State Bar of Georgia M ARTA Georgia Bankers Association 800 Fulton Federal Building Atlanta, Georgia 30303

380. Hank Holderf ield DeKalb County Medical Association 755 Columbia Drive Decatur, Georgia 30030

381. Henry Milhollin Georgia Department of Agriculture Route 4 Douglas, Georgia 31533

382. Eugene Nuss Electric Cities of Georgia 634 Burke Road Atlanta, Georgia 30305

383. G. I. Winn United Transportation Union Post Office Box 69 Manchester, Georgia 31816

384. S. R. McAllister Fraternal Order of Police Route 2, Bennett Road Powder Springs, Georgia 30073

385. JeanSchenk League of Women Voters of Georgia Route Two, Black Acre Trail Acworth, Georgia 30101
386. Jay Bowman Georgia Right to Life Committee 3187 Francine Drive Decatur, Georgia 30033
387. John D. Hopkins State Bar of Georgia (Corporate Section) 2500 Trust Co. of Georgia Bldg. Atlanta, Georgia 30303

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JOURNAL OP THE SENATE,

388. Lanny B. Bridgers State Bar of Georgia (Younger Lawyers Section) 2500 Trust Co. of Georgia Bldg. Atlanta, Georgia 30303
389. Richard J. Marcotullio Avon Products, Inc. 9 West 57th Street New York, N. Y. 10019
390. Eric Wise Direct Selling Association 1730 M Street, N. W. Washington, D. C. 20036
391. Hardy Cowen Georgia Savings & Loan League, Inc. 1616 William-Oliver Building Atlanta, Georgia 30303
The President announced the Senate would stand in recess from 12:29 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 bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 688. By Senator Traylor of the 3rd:
A bill to amend an Act creating a Board of Commissioners of Glynn County, Georgia, as amended, so as to change the composition and method of election of members of the board of commissioners; to pro vide for the election and terms of members of the board of commissioners.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating a Board of Com missioners of Glynn County, Georgia, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as amended, particularly by an Act approved February 17, 1950 (Ga. Laws 1950, p. 2882), an Act approved February 27, 1956 (Ga. Laws 1956, p. 2710), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2986), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3216), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2780), so as to change the number, composition and method of election of members of the board of commissioners; to provide for the election and terms of members of the board of commissioners; to provide for the preservation of the terms of current members of the board of commis sioners; to provide for vacancies; 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:

THURSDAY, MARCH 4, 1976

2503

Section 1. An Act creating a Board of Commissioners of Glynn County, Georgia, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as amended, particularly by an Act approved February 17, 1950 (Ga. Laws 1950, p. 2882), an Act approved February 27, 1956 (Ga. Laws 1956, p. 2710), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2986), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3216), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2780), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows:

"Section 1. (a) There is hereby created the Board of Com missioners of Glynn County to be composed of seven members to be elected as hereinafter provided. For the purpose of electing members of the board of commissioners, Glynn County shall be divided into five commissioner districts as follows:

District 1 Glynn Dock Junction CCD 10 ED's 22, 23 and 24 Everett CCD 15 ED's 9, 10, 11 and 12 Thalmann CCD 25 ED's 13 and 14 ED 15B, except that portion which is located on Jekyll Island

District 2 Glynn St. Simons CCD 20 Thalmann CCD 25 ED15A ED 15B, that portion located on Jekyll Island

District 3 Glynn Dock Junction CCD 10 ED's 16, 17,18,19, 21A, 21B and 21C

District 4 Glynn Brunswick CCD 5 ED's 25, 26, 27, 28, 38, 40, 42, 43, and 9900 Dock Junction CCD 10 ED 20

District 5 Glynn Brunswick CCD 5 ED's 29, 30, 31, 32, 33, 34, 35, 36, 37, 39 and 41

For the purposes of this Section, the designation 'CCD' shall mean 'Census County Division'; and the designation 'ED' shall

2504

JOURNAL OF THE SENATE,

mean 'Enumeration District'. The terms 'Census County Division' and 'Enumeration District' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia.

In addition there shall be two at-large positions on the board of commissioners which shall be designated at-large post 1 and at-large post 2.

(b) There shall be elected to the Board of Commissioners of Glynn County one member from each of the commissioner districts who shall be elected by the qualified voters of the commissioner dis trict which he represents. There shall be elected to the Board of Commissioners of Glynn County two at-large members who shall be elected by the qualified voters of the entire county. Candidates for election at-large shall designate the post for which they are candidates; all other candidates shall offer for election to the board from the commissioner district in which their legal residence lies.

(c) The members of the Board of Commissioners of Glynn County who are in office on December 31, 1976, and whose terms expire on December 31, 1978, shall serve out the remainder of their terms. In order to preserve said terms, the members of the board who are in office on December 31, 1976, and who are residents of commissioner districts 3 and 4 are hereby designated the members from commissioner districts 3 and 4 respectively. The at-large mem ber of the board who is in office on December 31, 1976, is hereby designated the member from at-large post 1. At the 1976 general election, members of the board from commissioner districts 1, 2 and 5 and at-large post 2 shall be elected. The members elected at said election from commissioner districts 1, 2 and 5 and the atlarge member elected to at-large post 2 shall serve four-year terms and until their successors are elected and qualified. Thereafter, members who are elected to succeed members of the Board of Com missioners of Glynn County shall be elected at the general election which is conducted in that year in which the members' respective terms of office expire, shall take office on their first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified."

Section 2. Said Act is further amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3, to read as follows:

"Section 3. Any vacancy in said board shall be filled for the unexpired term by a member appointed by the remaining members of the board. The person appointed to fill such vacancy must be a resident of the commissioner district corresponding to that of the member whose unexpired term he is appointed to fill unless the vacancy is in an at-large post. Should any member of the board who is elected from a commissioner district change his residence from the commissioner district from which he was elected, a va-

THURSDAY, MARCH 4, 1976

2505

cancy shall be created thereby, and such vacancy shall be filled as provided in this Section."

Section 3. Sections 1 and 2 of this Act shall become effective on January 1, 1977, except that the provisions of Section 1 necessary for the election of the members of the Board of Commissioners of Glynn County at the 1976 general election shall become effective upon approval of this Act 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 Dean of the 6th moved that the Senate agree to the House substitute to SB 688.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 688.

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

HB 1514. By Representatives Cox of the 141st, Cole and Foster of the 6th and others:
Senate Sponsor: Senator Ballard of the 45th.
A bill to amend Code Chapter 88-17, relative to vital records, as amended, so as to change the provisions relative to issuing of copies of death certificates; to provide for certificates of record; to change the pro visions relative to burial transit permits.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, 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

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson Russell Shapard Starr

2506

JOURNAL OF THE SENATE,

Stephens Stumbaugh Tate

Thompson Timmons Tysinger

Warren Young

Those not voting were Senators:

Barker Dean of 31st Duncan Eldridge

Hill Holley Hudgins Pearce

Summers Sutton Traylor Turner

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1517. By Representatives Taggart of the 125th, Carlisle of the 71st, Snow of the 1st and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend Code Section 30-127 relating to custody of children as amended, to amend Code Section 50-121, relating to how a wife or child may be disposed of in habeas corpus proceedings, and to amend Code Section 74-107, relating to custody of minor children and the discretion of the court as to custody of minor children.

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

On the passage of the bill, a roll call was taken, 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 Kennedy Kidd Langford Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce
Reynolds

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

THURSDAY, MARCH 4, 1976

Those not voting were Senators:

Banks Duncan Hill

Holloway Hudson Thompson

Turner

2507

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 House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977, for the operation of State Government.

The Conference Committee Report was as follows:

The Conference Committee on HB 1350 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1350 be adopted.

FOR THE SENATE:
Is/ Paul C. Broun Senator, 46th District
/s/ Al Holloway Senator, 12th District
/s/ John R. Riley Senator, 1st District

Respectfully submitted,
FOR THE HOUSE OP REPRESENTATIVES:
/s/ Joe Frank Harris Representative, 8th District
/s/ Marcus Collins Representative, 144th District
Is,/ Clarence R. Vaughn, Jr. Representative, 57th District

Conference Committee Substitute to HB 1350:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental

2508

JOURNAL OP THE SENATE,

activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1976, and ending June 30, 1977, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Sharing Funds.
PART I.
LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch_______________________.$ 8,100,000

1. Operations .--,,---.....--.------._--._.--,, .,,_.___._--$ Total Funds Budgeted ......----.....,,.--_...........$ State Funds Budgeted ................._......_...._.....$
2. For Election Blanks and Other Election Expenses .._..._.-.--......,,...--......__.....$
Total Funds Budgeted ,,.......__.._..-.......,,_.........$ State Funds Budgeted ......__-.........,,......._.,,.$
Budget Unit Object Classes:
Operations ..-..-..-...................--..........-............--.I Election Blanks and Other
Election Expenses ---..-.,,--..-..------..------$
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Gover nor and Speaker of the House of Representatives; for membership in the National Conference of Commis sioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Com mittee; for membership in the Marine Fisheries Com pact and other Compacts, upon approval of the Legisla tive Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurnish ing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legisla tive Budget Analyst; for the operation of the Georgia

7,650,000 7,650,000 7,650,000
450,000 450,000 450,000
7,650,000 450,000

THURSDAY, MARCH 4, 1976

Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for the annual report of the State Auditor to the General Assembly; for equipment, sup plies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government.

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 ap propriated 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 ___...........

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.

2509
2,603,500 2,263,500 2,263,500 2,263,500
340,000 340,000 340,000
2,263,500 340,000
1,158,000

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JOURNAL OF THE SENATE,

Provided, however, that the sum of $7,BOO shall be al located for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.

Section 4. Superior Courts. Budget Unit: Superior Courts __.__........_.._..._..___.$ 7,319,891

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 au thorized 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, 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 estab lished 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 1976 session of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $220,000 is designated and commit ted for the Prosecuting Attorneys' Council for opera tions and $36,046 is designated and committed for the Sentence Review Panel.

Section 5. Court of Appeals. Budget Unit: Court of Appeals ,.._,,________.__......_..$ 1,305,000

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emer itus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount

THURSDAY, MARCH 4, 1976

2511

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 ...,,__.._....-.-..-._.-..._.,,..-_.._---...---.....-.-.I

177,000

For the cost of operating the Administrative Of fices of the Court.

Section 7. Appellate Court Reports. Budget Unit: Court Reports _._.....__......__..._.____...$

72,000

For the cost of printing and distributing the re ports of the Supreme Court .and Court of Appeals.

Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commis sion ....._._.__.___-.. ............................................I

10,000

For the cost of operating the Judicial Qualifica tions Commissions.

Section 9. Board of Court Reporting.

Budget Unit:

._,,_,,,,__.,,,,__._.,,$

7,500

For the cost of operating the Board of Court Reporting.

Section 10. Council of Juvenile Court Judges.

Budget Unit:

...,,__,,_,,,,,,_.__,,-.....,,$

40,000

For the cost of operating the Council of Juvenile Court Judges.

PART III. EXECUTIVE BRANCH

Section 11. Department of Administrative Services.

Budget Unit: Department of Administrative

Services

____---------.$ 27,367,266

1. Georgia Building Authority Budget:
Direct Payments to Authority for Opera tions .........__._....-...-___.,,-........-_........-...,,__........_.$
Capital Outlay ... __.___..,,_-,,______--.._.______--,,.,,.$ Authority Lease Rentals ___..,,,,_____,,________,,$

2,310,672 405,000
2,495,903

2512

JOURNAL OF THE SENATE,

Total Funds Budgeted ___..___.....-.....................$ State Funds Budgeted ..__.............-_.___._-.__._..___.$ Total Positions Budgeted

5,211,575 5,211,575
0

2. Departmental Administration Budget:
Personal Services ............................. ..^ Regular Operating Expenses .._--------....--_....$ Travel ....................... ^ Motor Vehicle Equipment Purchases ______.___.$ Publications and Printing ._.--....---,,_--___._._.--.$ Equipment Purchases ___._....--,,_--------........,,.$ Per Diem and Fees .--_.....,,._._______........._.___.____.$ Computer Charges ................ ..^ Other Contractual Expense ....--------__...._...-$ Total Funds Budgeted ...,,._._____._._........._.......__.$ State Funds Budgeted ,,______,,_._______._________________.$ Total Positions Budgeted

542,000 49,189
7,350 --0---
4,300 4,000 --0-- 5,000 --0-- 611,839 611,839
36

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

...................$

Other Contractual Expenses ------ _......__.___..__.$

Total Funds Budgeted ._____....i_-.-...--.._....._._.$

State Funds Budgeted ........___.____.__......-..,,.__.___.$

Total Positions Budgeted

368,000 30,000
4,000 --0--
10,000 1,000 --0-- 2,790,000 --0-- 3,203,000 3,203,000
26

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 ..................... ^

Other Contractual Expense --......------------.$

Workmen's Compensation ............. ..^

Total Funds Budgeted ...................................I

State Funds Budgeted ____.........,,..._..__.........-_..$

Total Positions Budgeted

230,000 14,000 20,000 --0-- 2,500 2,200 :--0--
1,000 --0-- 1,340,000 1,609,700 1,576,100
17

5. Procurement Administration Budget:
Personal Services .............. ^, Regular Operating Expenses ,,_..._.___......._._.___.$ Travel ........................ ^ Motor Vehicle Equipment Purchases _,,.__.._._.$

697,000 84,757
6,000 --0--

THURSDAY, MARCH 4, 1976
Publications and Printing ....--.........................I Equipment Purchases --_____.,,----___.._...____......_.$ Per Diem and Fees ...............,............................$ Computer Charges ._..,,......................................$ Other Contractual Expense __.__..___.___...._.._.___.$ Total Funds Budgeted ._...___-.__.__._._--__..._..___.$ State Funds Budgeted ......................................$ Total Positions Budgeted .

2513
19,000 --0-- --0--
50,000 --0-- 856,757 856,757
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 ._..................._..,,___...._..--.....$

Other Contractual Expense .--..--..-.......-- ...--$

Total Funds Budgeted ....................................$

State Funds Budgeted ......................................^

Total Positions Budgeted

83,900 10,618
900 --0-- --0--
500 --0-- --0-- --0--
95,918 95,918
7

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 ............................................i

Other Contractual Expense ............................$

Total Funds Budgeted ____._..___.___.____._.__._.___..__.$

State Funds Budgeted __.._._._._._._.._..__...-......___.$

Total Positions Budgeted

127,366 24,000
1,500 --0--
500 500 1,000 12,100 --0-- 166,966 166,966
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 ...........................................^

Rents and Maintenance Expense ....................$

Other Contractual Expense ............................^

Total Funds Budgeted _........_..___.___.......___.._...._$

State Funds Budgeted ....................................^

Total Positions Budgeted

8,750,000 1,912,500
30,500 --0--
38,500 68,000 695,000 200,000 9,406,832 --0-- 21,101,332 10,399,765
650

2514

JOURNAL OF THE SENATE,

9. Motor Pool Services Budget:

Personal Services ....----.------__-..-_.-...._....-_____.$

Regular Operating Expenses ..........................I

Travel __.......___.__..............._..._.___.___.........__.__..._,,...$

Motor Vehicle Equipment Purchases ______--_.$

Publications and Printing ___.___.....,,......_.__.___._..$

Equipment Purchases

_,,.__,,-$

Per Diem and Fees ,,_______________.____.____________._______$

Computer Charges .-,,,,___.,,_ $

Other Contractual Expense ___.__..__,,___......,,.....$

Total Funds Budgeted ........--.______.__.___.____,,......$

State Funds Budgeted ................___.____...__..._._...$

Total Positions Budgeted

195,598 393,396
1,500 212,800
1,000 1,000 --0-- 1,800 --0-- 807,094 --0--
19

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 _.__.__.__-.___-.............___._....__.___.$

Other Contractual Expense --.------........---- $

Telephone Billings ,,...,,..........______..__......;..,,...._.$

Total Funds Budgeted ___.._-......-...-._._...__..__._...$

State Funds Budgeted _____._________.______.___.__.______.$

Total Positions Budgeted

1,307,064 317,321 9,720 34,300 47,300 34,000 14,000 41,500 --0--
13,259,000 15,064,205 5,000,235
103

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 .,,--_.____.__.___-_-...-......._...__._._.$ Other Contractual Expense ._..___._._.___.._,,.....,,.$ Total Funds Budgeted ______...__..........._..__.._..__.__.$ State Funds Budgeted ..-..----.___._...._......___._.._.$ Total Positions Budgeted

813,481 1,032,503
3,500 10,000 1,000 107,500
600 5,000 --0-- 1,973,584 --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 ._---------______.-__._._______---$

93,070 540,946
100 --0--
2,000 2,000
640 2,500

THURSDAY, MARCH 4, 1976

2515

Other Contractual Expense ___..._.._.._._.__._.__.___.$ Total Funds Budgeted __..____.__.___._______.___.___.___.$ State Funds Budgeted ._.,,........._-..._.....-.-_._......$ Total Positions Budgeted

--0-- 641,256 -- 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 ....______.___________..__.,,._._...__.____$ Other Contractual Expense ,,._.__..__.___._._.._..___.$ Total Funds Budgeted .....____._._.................._...-$ State Funds Budgeted .__.____._..._.._._.____.__...__..._..$ Total Positions Budgeted

127,345 31,000
9,884 --0--
6,000 3,500 15,000 --0-- 5,000 197,729 197,729
7

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 ..._...._______.___._______.__,,,,._______.$

Other Contractual Expense -_,,_______,,_____________.$

Total Funds Budgeted -......................_.............$

State Funds Budgeted __.__..__._____.._...___.___._._._...$

Total Positions Budgeted

42,071 5,761 2,750
--0-- 5,000
--0-- 3,800
--0-- --0--
59,382 47,382
3

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 ...........-_.__.___.___.___.______...._.$ Other Contractual Expense ________._..___.__.___...._.$ Rents and Maintenance Expense ____________________$ Workmen's Compensation _________________---_.___......$ Direct Payments to Authority for
Operations .................._..__-__.__._.____..___._.__...__.$ Capital Outlay ................-_-_._..______.__-_..______...__.$ Authority Lease Rentals ...._...___..__..._.___._.._......$ Telephone Billings .,,......__.._.._.___._....__.____..._......$
Total Positions Budgeted

13,376,895 4,445,991
97,704 257,100 137,100 224,200 730,040 3,108,900
5,000 9,406,832 1,340,000
2,310,672 405,000
2,495,903 13,259,000
1,014

2516

JOURNAL OF THE SENATE,

Section 12. Department of Agriculture. Budget Unit: Department of Agriculture..........? 15,861,360

1. Plant Industry Budget:

Personal Services .....................__..__..__..,,._._,,.....$

Regular Operating Expenses ..........................I

Travel .

..

$

Motor Vehicle Equipment Purchases ........... $

Publications and Printing ___.______._.__._._.__.__..,,_.$

Equipment Purchases ____-______.___.____________...__.___.$

Per Diem and Fees ..________..._.....,,_.__._____________.....$

Computer Charges ......_......--.,,___..___.--_.._......--.$

Other Contractual Expense ._________________._______.$

Total Funds Budgeted __._........_._____.___..________......$

State Funds Budgeted ....__.._._.___.........._._._...___.$

Total Positions Budgeted

2,099,808 192,306
93,000 48,000 23,300 16,000
500 --0-- --0-- 2,472,914 2,366,914
183

2. Animal Industry Budget:

Personal Services ...._.........$

Regular Operating Expenses .........................if

Travel ._...._....,,..__..,,.....$

Motor Vehicle Equipment Purchases ,,..,,----$

Publications and Printing .._.__.,,_____.____._______.$

Equipment Purchases _.--,,_---________________:__,,--.$

Per Diem and Fees --.--...----,,-....-_-...-..-.-..--_.$

Computer Charges _______..__--_._.______,,_________________$

Other Contractual Expense ,,_,,________________......$

Athens Veterinary Laboratory Contract __.._.$

Tifton Veterinary Laboratory Contract ___.___.$

Poultry Improvement Contract ___.______________._..$

Veterinary Fees .._.._.._.....______________.__._.__.........._$

Research Contract with Georgia

Institute of Technology _._.____.._________________._._.$

Contract with University of Georgia

to Study Avian Disease .............__.____.__.__..___.$

Indemnities

.-- ....._.$

Total Funds Budgeted _._..........,,.......___.___..__.....$

State Funds Budgeted .__....-...__.........._._._.......$

Total Positions Budgeted

664,000 101,000 43,423
8,000 9,300 4,300 --0-- --0-- --0-- 208,000 322,000 516,000 475,000
182,000
174,950 100,000 2,807,973 2,737,973
52

3. Marketing Budget:
Personal Services ._.........-_-__..__..-.__..............__$ Regular Operating Expenses ................_.._____..$ Travel ..........$ Motor Vehicle Equipment Purchases ......... ..$ Publications and Printing ___..............,,......__._._.$ Equipment Purchases -----..---.,,__.______--.-.........$ Per Diem and Fees ........___.__..._...........,,..._.____._..$ Computer Charges .___.___._-..............._..._____--_....$
Other Contractual Expense ....._...___.............__.$
Advertising Contract ____.._._...._.___,,________,,...._._..$
Authority Lease Rentals ......._.__,,_...............___.$

607
982,258 191,633 33,400 24,000 12,000
1,350 2,700 --0--
31,100
35,000
945,000

THURSDAY, MARCH 4, 1976

2517

Total Funds Budgeted ..-.-.._.,,.,,......................$ State Funds Budgeted ....___...__...,,..._.........._,,....$ Total Positions Budgeted

2,258,441 2,113,849
81

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 ----_-----................_,,..,,.__._.$

Other Contractual Expense ._____________.____.____.___$

Total Funds Budgeted .............._..._.,,..............$

State Funds Budgeted

,,,,,,_,,_ $

Total Positions Budgeted

1,383,513 85,000 180,000 20,000 1,350 1,860
--0-- --0-- --0-- 1,671,723 1,671,723
131

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 --_.--.------..-...-...-.............$ Other Contractual Expense ........................,,_.$ Total Funds Budgeted __.___..._.___.___.__...__.__..___.$ State Funds Budgeted ....................................,,.$ Total Positions Budgeted

731,000 96,000 15,600 --0'-- 32,200
1,500 500
85,686 --0-- 962,486 945,486
49

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 .,,.--......,,..............,,.__._.__.____$ Other Contractual Expense -..___..__..__.___.__.,,..$ Total Funds Budgeted -_._--_._..........................$ State Funds Budgeted ...................._...___._.__...__.$ Total Positions Budgeted

121,000 303,000
700 --0-- 262,600 --0-- --0-- --0-- --0-- 687,300 687,300
11

7. Fuel and Measures Standards Budget:
Personal Services ___.__..__.._--...............-__-_-_..$ Regular Operating Expenses __.,,_______________.__._.$ Travel .,,._.__._...__..__......-..............,,...__..__._.............$ Motor Vehicle Equipment Purchases . ...._..--$ Publications and Printing ._.............,,.,,._._.._..__.$

653,000 123,000 68,000 54,000
6,000

2518

JOURNAL OF THE SENATE,

Equipment Purchases ,,-.-__,,__.___--------_.,,----.$ Per Diem and Fees --.........._..----------.._----_...$ Computer Charges ___.____.__..._.__,--------,,__.$ Other Contractual Expense ..,,._.,,_--__.___._______.$ Total Funds Budgeted .....-..--,,--.,,.--$ State Funds Budgeted .._._._....,,_..._..__.-.-......_....$ Total Positions Budgeted

3,250 --0-- --0-- --0-- 907,250 907,250
60

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 _________________--,,----_--------$ Other Contractual Expense __,,_________..______.,,_$ Total Funds Budgeted ...........................-_-........$ State Funds Budgeted ._.._-----...$ Total Positions Budgeted

559,000 46,000 20,000 8,000
3,200 --0-- --0-- --0-- --0-- 636,200 636,200
39

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 .__.,,_...______,,--------------,,,,$ Other Contractual Expense ,,.._----_--,,------$ Total Funds Budgeted __________--_-_-_---_.$ State Funds Budgeted __.___._.__.---,,-----.$
Total Positions Budgeted

1,325,000 74,426 122,000 24,000 4,500 2,000
--0--
--0--
--0--
1,551,926
1,409,465
104

10. Meat Inspection Budget:
Personal Services ...........................................I Regular Operating Expenses .--__-__.-,,------,,.$ Travel __.__._.__.______._____.._.__.___-.---.-....$ Motor Vehicle Equipment Purchases ......__....$ Publications and Printing .....--,,..-,,--.__--.--.$ Equipment Purchases ......-._....--....................,,..$ Per Diem and Fees ___.....__.___....-.-.............-.......$ Computer Charges -_..___-___-_____.____--,,_--------_$ Other Contractual Expense _--..._-.........__.___.$ Total Funds Budgeted ....................................I State Funds Budgeted .....................-__.........-$ Total Positions Budgeted

1,757,000 47,000 140,000 12,000 4,000
--0-- 38,000
--0-- 34,900
2,032,900 864,900 145

THURSDAY, MARCH 4, 1976
11. Georgia Agrirama Development Authority Budget:
Payments to Agrirama Authority for Operations ______ __________._______................____________$
Total Funds Budgeted ______..............._..._________._$ Agency Funds Budgeted ______-._._..________..__________.$ State Funds Budgeted _______,,___._____________.______...$
12. Fire Ant Eradication Budget:
Personal Services ___..___.________.__$ Regular Operating Expenses ,,_..--_.____.___________$ Travel -_--,,_-_-__.._...__._,,._...__..__,,_.,,._..$ Motor Vehicle Equipment Purchases --_--.._,,$ Publications and Printing ____,,._._--___________________$ Equipment Purchases .___--_._-------..--.----..._..._$ Per Diem and Fees _.__.__._.______.______.____________________$ Computer Charges ____._____________..________________.______$ Other Contractual Expense -_____.._......._-_..-......$ Purchase of Bait ,,_.___________.._._--____$ Total Funds Budgeted .___.___._____.____._______________.$ State Funds Budgeted ________-.__._....__.______________.$ Total Positions Budgeted

2519
290,300 290,300 105,000 185,300
156,200 2,000 39,200
--0-- 1,600
--fr-- 2,000
--0-- 708,400 590,600 1,500,000 1,335,000
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 ___.__.__.______-__-___-_____.--__._..___.$ Other Contractual Expense .____..._._________________.$ Purchase of Bait .______________.____,,________._____._._.___._.$ Athens Veterinary Laboratory Contract ._.._.$ Tifton Veterinary Laboratory Contract ________$ Poultry Improvement Contract __.._________,,___._,,$ Veterinary Fees ___.___.____.___.______.____.,,___-_--____..__.$ Research Contract with Georgia Institute
of Technology .............................................I Contract with University of Georgia to
Study Avian Disease ____________._______._.__._..______.$ Indemnities .....-....-..--............._-_____._--__-________.$ Advertising Contract ............................._.-_...--.$ Authority Lease Rentals .,,......__......__..........._...$ Payments to Agrirama Authority for
Operations .....-..___.__-______________________________________$ Total Positions Budgeted

10,431,779 1,261,365 755,323 198,000 360,050 30,260 43,700 85,686 774,400 590,600 208,000 322,000 516,000 475,000
182,000
174,950 100,000 35,000 945,000
290,300 855

Provided, that of the above appropriation relative to Regular Operating Expenses, $35,000 is designated and committed for livestock and poultry shows relat ing to research and promoting.

2520

JOURNAL OF THE SENATE,

Section 13. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ....-...___....-.........--._....-.,,...,,................. $

1,803,924

1. Administration Budget:
Personal Services --.-.,,__..............___...._._..._........$ Regular Operating Expenses ....._..___._._..._._..__.$ Travel -.........-..............-..................,,..___.,,._....__.__.$ Motor Vehicle Equipment Purchases ....__..___.$ Publications and Printing ........__._.__.___.___.__.___.$ Equipment Purchases ........._-.__-_____._-................$ Per Diem and Fees ___.._-_._.__..._._.......................$ Computer Charges __--.-.._,,_--_...-......-...-......_.$ Other Contractual Expense --__--__,,$ Total Funds Budgeted ..,,...........,,,,.___...____.__..._.$ State Funds Budgeted .....__._-.___._._-_..-..-.._......$ Total Positions Budgeted

346,594 81,200
5,000 --0--
12,000 3,760 2,000 8,750 --0-- 459,304 459,304
23

2. Examination Budget:

Personal Services ----__--__----._____________..._._.....$

Regular Operating Expenses ........,,.......___....$

Travel

-------.._____._._,,_..__..$

Motor Vehicle Equipment Purchases _______.--.$

Publications and Printing -__._.......__.................$

Equipment Purchases ---_,,.---..,,_._.--..,,--.._-$

Per Diem and Fees .............-......_......._._.._...__.__..$

Computer Charges .....,,.----_.--.___.___._,,_______._--$

Other Contractual Expense .,,.__,,__.,,,,,,.,,_..._....$

Total Funds Budgeted -------._______,,_______,,,,_$

State Funds Budgeted ----..,,.,,_..._.,,.$

Total Positions Budgeted

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 .._..._.....................................$ Other Contractual Expense ,,...........,,.__..,,..__..$ Total Positions Budgeted

1,040,144 13,280
284,146 --0-- --0--
7,050 --0-- --0-- --0-- 1,344,620 1,344,620
67
1,386,738 94,480
289,146 --0--
12,000 10,810 2,000 8,750 --0--
90

Section 14. Department of Community Development.
A. Budget Unit: Department of Community Development ...............-...--..-.,,_...._.__......__,,......$
1. Industry Budget: Personal Services _______............._................_._____.$ Regular Operating Expenses _______,,_________,,,,_$

6,944,903
298,500 10,749

THURSDAY, MARCH 4, 1976
Travel __..___._.____. .____________._...__.__...__.,,_..._..._..._______.$ Motor Vehicle Equipment Purchases _...........$ Publications and Printing ................._......$ Equipment Purchases ..--..-.-_____.__-__.-__._.,,_--,,$ Per Diem and Fees __..___._______.._........_,,....._..........$ Computer Charges ,,...-............._......$ Other Contractual Expense ___.___,,___________.._____$ Total Funds Budgeted _______.____________._______..______.$ State Funds Budgeted ._._._________.___._________________$ Total Positions Budgeted

2521
45,500 --0--
2,500 1,500 2,000 --0-- --0-- 360,749 360,749
16

2. Research Budget:

Personal Services ..._____________________._,,..__________._____.$

Regular Operating Expenses .....__...._......$

Travel

................................I

Motor Vehicle Equipment Purchases ______..,,..if

Publications and Printing ._______.______,,________.__..$

Equipment Purchases

.......$

Per Diem and Fees ...._....__.._..___......$

Computer Charges _..._.._.. .............. ......$

Other Contractual Expense ____._..___.___..__--..__..$

Total Funds Budgeted .......................................I

State Funds Budgeted ,,,,..-____-.__.._..___-.....__._._.$

Total Positions Budgeted

230,700 45,085
5,000 --0--
2,000 485
1,800 19,473 --0-- 304,543 284,143
17

3. Tourism Budget:

Personal Services ................_.............._...__._._.__..$

Regular Operating Expenses ..........................^

Travel

.....................

$

Motor Vehicle Equipment Purchases ...... .....$

Publications and Printing ....__...._.._._..._..._._...$

Equipment Purchases __________________________________.__.$

Per Diem and Fees ........................................_.._____$

Computer Charges .....$

Other Contractual Expense ----_.--.--._...........$

Local Welcome Center Contracts ._...._...__..___ $

Total Funds Budgeted ___.._...___.__.._._.______.___.___.$

State Funds Budgeted ._._,,._____.__________.,,...__..... $

Total Positions Budgeted

629,255 294,660
28,000 --0--
300 6,220 50,000 4,500 --0-- 75,230 1,088,165 1,088,165
68

4. Internal Administration Budget:

Personal Services ................__._..._..___.________....._..$

Regular Operating Expenses ._..-._.,,............-.$

Travel

......... .^^4

Motor Vehicle Equipment Purchases ...._......_.$

Publications and Printing __._.__..__._.__......_........_.$

Equipment Purchases ___,,___-_--_-,,,,._.--_..,,.._____.$

Per Diem and Fees ........^

Computer Charges _.________._____.__._____._.___________.___.$

Other Contractual Expense .....................__._._.$

Direct Payments for World

Congress Center Operations ........._.-__._.___.$

451,100 448,957
15,000 --0--
27,000 500
24,000 6,800
--0--
450,000

2522

JOURNAL OF THE SENATE,

Total Funds Budgeted -___.._________________._$ State Funds Budgeted _-______,,...____._....__.____,,$ Total Positions Budgeted

1,423,357 1,423,357
29

5. International Budget:
Personal Services ____.____.________._______._._.___.____,,$ Regular Operating Expenses -------_--.__,,__-_$ Travel ................. ..^ Motor Vehicle Equipment Purchases _________..$ Publications and Printing ______----______--._____,,$ Equipment Purchases __.____.___._______._______.___.___..$ Per Diem and Fees ___.___.__._.___._._.____...._.._________$ Computer Charges ---______-___-___-_____________.__--_____$ Other Contractual Expense _____..._._.,,____._.._.___.$ Total Funds Budgeted ____-___.__...__._..__......$ State Funds Budgeted _...____,,_____.._____,,_______$ Total Positions Budgeted

144,532 59,053 42,709 --0-- 1,050 2,600 111,300
9,245 --0-- 370,489 370,489
8

6. Advertising Budget:

Advertising

____________ .___._____$

Total Funds Budgeted ___._._-_____.____...________.$

State Funds Budgeted ___-________,,._._.__...._...__.$

Total Positions Budgeted

628,000 628,000 628,000
0

7. Ports Authority Budget:
Authority Lease Rentals ___.._..__._____._.__$ Total Funds Budgeted __.__..__._..._._..__.__...._.___.$ State Funds Budgeted ____________.________.____.$ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ________________________._.____$

Regular Operating Expenses .____..._.,,,,______...$

Travel

.................................^

Motor Vehicle Equipment Purchases _______________

Publications and Printing ____._.__._.____,,_____._____.$

Equipment Purchases ___,,___.______________.___.___.,,,,_._$

Per Diem and Fees _.____,,__________________________________.$

Computer Charges ....___________________________.$

Other Contractual Expense ___,,__________.________.___.$

Local Welcome Center Contracts .__-__.._..__._.$

Advertising ___.___.______-_______,,______________________.________.$

Authority Lease Rentals ._____...__.__.__.___.__.__.$

Direct Payment for World

Congress Center Operations _________..----____$

Total Positions Budgeted

B. Budget Unit: Community Affairs ___...._._.__._.._$
1. Executive Office and Administrative Support:
Personal Services ............ ^

2,790,000 2,790,000 2,790,000
0
1,754,087 858,504 136,209 --0-- 32,850 11,305 189,100 40,018 --0-- 75,230 628,000
2,790,000
450,000 138
2,719,691
193,713

THURSDAY, MARCH 4, 1976

2523

Regular Operating Expenses _....__..__.__-----...$

Travel ___.___._____.........._.-......-.___.............._,,.__.___...$

Motor Vehicle Equipment Purchases ......_..._.$

Publications and Printing .._._._.___..__...........,,_.$

Equipment Purchases

,,

. ..._.....$

Per Diem and Pees _.__.__.._...__._..._.... ......._._._.......$

Computer Charges __.___.__.___._._..,,..,, ....._._....$

Other Contractual Expense .......__......_._...._._.$

Total Funds Budgeted _._.___._____..._._....._..._._._..__._.$

State Funds Budgeted ......_._..._......_._..........__.$

Total Positions Budgeted

39,845 12,200 --0-- 3,200 8,400 12,500 --0-- 56,000 325,858 264,907
11

2. Area Development:

Personal Services ,,_.___.______.__________.._..._,,....____..___$

Regular Operating Expenses .__._______..-------$

Travel

,,.._._..,,$

Motor Vehicle Equipment Purchases ___...____..$

Publications and Printing .__.__._.............__.___._.$

Equipment Purchases _._.___.___.______..._.______..______.$

Per Diem and Fees _._.-..._...-..._____.._____...........__$

Computer Charges ------.,,.----..._._____.,,._,,_..--..$

Other Contractual Expense --.,,..._..-__._,,------$

Grants to Area Planning and

Development Commissions .__.__.._...__,,..._--..__.$

HUD 701 Planning Grants ._._.__.___________-_.___.$

Total Funds Budgeted .__.__..__..,,......_.____._._.._...$

State Funds Budgeted ......_..___.___._._...........__..___.$

Total Positions Budgeted

298,000 15,067
8,400 --0--
2,343 6,800
525 --0-- --0--
1,170,000 899,936
2,401,071 1,363,201
18

3. Local Development:
Personal Services ----,,_,,.,,______$ Regular Operating Expenses ________ ___.._......._.$ Travel ..................................................................I Motor Vehicle Equipment Purchases ..,,....--.$ Publications and Printing _______________________.._______$ Equipment Purchases --....----,,_.______.______.,,_.,,..$ Per Diem and Fees .....__......_...__.__..._...._..........-.$ Computer Charges __.__--,,___________,,_____.______.--______$ Other Contractual Expense -_____..._.__..___._,,.--$ Total Funds Budgeted _.____,,_______________,,_____.____$ State Funds Budgeted .._.___.___.,,.................._.__.$ Total Positions Budgeted

308,176' 18,000 16,000 --0--
6,000 4,000 --0-- --0-- --0-- 352,176 127,374
18

4. State Crime Commission Planning and Grant Administration:

Personal Services ___..__.____.._._._.___..._.___.__.._._--___.$

Regular Operating Expenses ..-............__-_--__.$

Travel .

..--

$

Motor Vehicle Equipment Purchases _._..--.----$

Publications and Printing .....,,....._-.-__.._.__._..__.$

Equipment Purchases ..-.__....._.___-...__._.__.___..-......$

Per Diem and Fees .__._._._______.___..._,,.,,.........._.___.$

Computer Charges ......-..................-.-______.......-.$

715,000 112,200 28,775 --0-- 19,000
1,000 33,200 34,275

2524

JOURNAL OP THE SENATE,

Other Contractual Expense .---___--_.--............$ Total Funds Budgeted ......................................I State Funds Budgeted --~-_~__~_~_.____._____________$ Total Positions Budgeted

--0-- 943,450 84,209
45

5. LEAA Grants Budget:
LEAA Juvenile Justice _.______,,_______--_____._.________$ LEAA Action--Local ____--___-_________________._______.$ LEAA Action--State ............................. ..^ LEAA State Buy-In --,,___.______.___________________..___.$ LEAA State Buy-In Reserve __...-___._.___.________.$ LEAA Planning .................. .....................^, Total Funds Budgeted ._.._._.-_._.__.._._._..___..___.$ State Funds Budgeted ............... .......^ Total Positions Budgeted

432,020 7,701,300 3,798,700
293,000 587,000 653,512 13,465,532 880,000
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 .............................. ...^ Other Contractual Expenses ,,_._._,,___-,,___,,______.$ Grants to Area Planning and
Development Commissions -------..$ HUD 701 Planning Grants ................................^ LEAA Action Local ,,__.._,,._...,,,,,,__,,$ LEAA Action State .....................................^ LEAA State Buy-In ,,------$ LEAA State Buy-In Reserve ................. 4 LEAA Planning .......................................$ LEAA Juvenile Justice ............................... ^ Total Positions Budgeted

1,514,889 185,112 65,375 --0-- 30,543 20,200 46,225 34,275 56,000
1,170,000 899,936
7,701,300 3,798,700
293,000 587,000 653,512 432,020
92

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 15. Office of Comptroller General.
Budget Unit: Office of Comptroller General ..--.....-.--....--............................

..$ 3,110,500

1. Internal Administration Budget:
Personal Services .......................... Regular Operating Expenses

302,000 61,000

THURSDAY, MARCH 4, 1976

Travel ...................._,,,,...__........_....,,......... ..,,.......,,.$
Motor Vehicle Equipment Purchases _...___.......$ Publications and Printing ___._____________.,,___,,_.,,_.$ Equipment Purchases --.--.,,___..._..........._.._...._..$ Per Diem and Fees ......................... .....^ Computer Charges -....--____.__.......,,..........._..___._._.$ Other Contractual Expense ._,,______________.,,.__._.$ Total Funds Budgeted ........_...___..._......_......_.......$ State Funds Budgeted ___.._;._._.__.._._....._....__...__....$ Total Positions Budgeted

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 _-,,.__.___._._..____...__._......___._._.....$ Other Contractual Expense _,,__.._..______...__._--$ Total Funds Budgeted ...................$ State Funds Budgeted .......................................$ Total Positions Budgeted

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 .-------..$

Other Contractual Expense __..._.______.._.__......$

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 ,,,,----___.----_--.-.-._--..-- $ Other Contractual Expense _______._.____..___,,._.,,-.$ Total Funds Budgeted ........................................$ State Funds Budgeted ................... ^ Total Positions Budgeted

2525
13,000 --0--
5,374 1,800 9,200 --0-- --0-- 392,374 392,374
19
499,864 26,069 8,400
--0-- 18,400
--0-- 8,200
25,800 --0-- 586,733 586,733
40
221,739 22,000 11,442 --0--
2,355 --0-- --0-- --0-- --0-- 257,536 257,536
15
377,854 31,147 14,000
--0-- 2,300 700
--0-- --0-- --0-- 426,001 426,001
31

2526

JOURNAL OP THE SENATE,

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 __,,_____,,___________.______________________$

Other Contractual Expense .............--.........--$

Total Funds Budgeted ........................................^

State Funds Budgeted ..................... .....^

Total Positions Budgeted

1,212,697 87,000 128,248
--0-- 15,711 4,200
--0-- --0-- --0-- 1,447,856 1,447,856
107

Budget Unit Object Classes:

Personal Services ....--,,....,,-_._.$

Regular Operating Expenses ........._...._.,,..._......$

Travel ........................$

Motor Vehicle Equipment Purchases _.______.....$

Publications and Printing ................................I

Equipment Purchases ____-___--.,,_--_.....,,_-__... ....$

Per Diem and Fees ........................... ...^

Computer Charges

.........................$

Other Contractual Expense ............................$

Total Positions Budgeted

2,614,154 227,216 175,090 --0-- 44,140 6,700 17,400 25,800 --0-- 212

Section 16. Department of Defense. Budget Unit: Department of Defense ....__...._.._..$ 1,599,346

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 ...........................................^ Other Contractual Expense ---_._.--.-...-_-_......--.$ National Guard Units Grants ___________,,_..___._..-.__.$ Georgia Military Institute Grant ...,,__._._.._.._...$ Total Funds Budgeted ___.,,___...____.__._.____________._____$ State Funds Budgeted .....-.,,_....._._.__..........___.__..$
Total Positions Budgeted

549,193 99,500 5,500 --0-- 25,000 2,200 6,000 --0-- --0-- 204,880 16,000 908,273 908,273
36

2. Civil Defense Budget:

Personal Services .._..................._..........__.........$

Regular Operating Expenses --__._--_.___--_.___.___.$

Travel

......... .................. ^

Motor Vehicle Equipment Purchases _._..,,.......$

475,000 68,584 11,000 --0--

THURSDAY, MARCH 4, 1976
Publications and Printing ---....__._.,,.__..__...,,.___.$ Equipment Purchases -----------------------$ Per Diem and Fees ............................................I Computer Charges .______.__,,__,,__._________________________.$ Other Contractual Expense ----..--,,._.--.......-- $ Total Funds Budgeted .__._._.___.__..____.._.__..___...__._-$ State Funds Budgeted .__.____...,,_......__...___.,,.....$ Total Positions Budgeted

3. Armory Maintenance and Repair Budget:

Personal Services .-...............__...............,,...._._.___.$

Regular Operating Expenses .,,--.._--.....----.$

Travel

.___._.. _._._^^$

Motor Vehicle Equipment Purchases ...._.._.._._.$

Publications and Printing ....__._......._...___.__._._.$

Equipment Purchases -------------$

Per Diem and Fees ___.____.........._.___.___.___._._.._......$

Computer Charges _...._.....,,,,.___.-,,.___._.____.,,._..._...$

Other Contractual Expense ---....,,.._,,,,--_-----.$

Total Funds Budgeted ._..-.....___.........................$

State Funds Budgeted __.._...-_...__.______..,,......_._..._.$

Total Positions Budgeted

4. Disaster Preparedness and Recovery Budget:
Personal Services ....___.__.._._-....._....__.--........,,.$ Regular Operating Expenses -____.__.,,.__,,__________,,$ Travel .-.................._-.-..___....-..._._...........-__,,__..__.$ Motor Vehicle Equipment Purchases _.__..........$ Publications and Printing .--._..,,.........._._.--._...$ Equipment Purchases _._.._...,,____.__...,,.__..._..._._...$ Per Diem and Fees _____________._..______._....__.._.___...__..$ Computer Charges __.____.,,_.__,,____.--_____,,._____________.$ Other Contractual Expense .__.___.____________.__________.$ Total Funds Budgeted ..,,...._...............................$ State Funds Budgeted ______.__._____________________._.______$ Total Positions Budgeted

2527
5,800 --0-- --0-- --0-- --0-- 560,384 295,104
33
61,000 95,000 3,500 --0-- --0--
1,000 --0-- --0-- --0-- 160,500 160,500
5
157,049 10,121 23,000 --0-- 9,100 2,250 --0-- --0-- 32,542 234,062 --0--
10

5. Service Contracts Budget:
Personal Services ................................................I Regular Operating Expenses ________-______,,.____-...$ Travel ....__.._._.:.__..-..._.-..............................___.__-_..$ Motor Vehicle Equipment Purchases _..,,..._... $ Publications and Printing _._.________________..__________$ Equipment Purchases ...,,_...__.___._...-....,,-...,,_....$ Per Diem and Fees .__...,,...-___..-.-...,,_,,..----_..---.$ Computer Charges __._____,,._--,,_.--------_--__--_-$ Other Contractual Expense .__....____....____............$ Total Funds Budgeted .-..-...--....--..............-...I State Funds Budgeted .__,,..........._.....-...-..-..._.....$ Total Positions Budgeted

1,297,172 180,482 3,000 --0-- --0-- --0-- --0-- --0-- 6,784
1,487,438 235,469 122

2528

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 ........................... .^ Other Contractual Expense .....................$ National Guard Units Grants ............................$ Georgia Military Institute Grant ---...............$ Total Positions Budgeted

2,539,414 453,687 46,000 --0-- 39,900 5,450 6,000 --0-- 39,326 204,880 16,000 206

Section 17. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ....__..$ 682,628,905

1. Pre-School Education Budget:

Personal Services .............................. ....^

Regular Operating Expenses _._,,..,,_.,,,,--._..___.$

Travel

................. ..^

Motor Vehicle Equipment Purchases ....,,..----$

Publications and Printing ...............................^

Equipment Purchases ........................................^

Other Contractual Expense ..............................^

Per Diem and Fees ___._._.-.-._................,,.......,,_.-...$

Computer Charges ....--_-.--.--..----._----,,,,... $

118,054 11,542 11,213
--0-- 3,000 500
--0-- --0-- --0--

APEG Grant: Selective Pre-School Development ___..__.....$

5,821,028

Non-APEG Grant:
Education of Children of Low-Income Families .......................$
Total Funds Budgeted ..................... ........^ State Funds Budgeted _._.-,,.___.._.,,$ Total Positions Budgeted

14,650 5,979,987 5,963,829
7

2. General Education Budget:
Personal Services .............................. ....^ Regular Operating Expenses ......................... ^ Travel ................................ ..^ Motor Vehicle Equipment Purchases --.,,----_.$ Publications and Printing ........................^ Equipment Purchases ................................ ...^ Per Diem and Fees ............................... ....^ Computer Charges ----___----_,,.------------------$ Other Contractual Expense ..................^

625,894 61,962 43,562 --0-- 54,713
500 33,136 --0-- 10,000

THURSDAY, MARCH 4, 1976

2529

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1) and

10(a) (2))

............. ...^ 323,027,946

Instructional Media (Sec. 13) -,,,,.........,,_.$ 10,291,677

Instructional Equipment (Sec. 14) ................$ 430,155

Maintenance and Operation (Sec. 15) __,,._.$ 49,743,107

Sick and Personal Leave (Sec. 16) ................$ 2,572,919

Travel-Regular (Sec. 17) ...........................^ 522,672

Isolated Schools ............................. ..^

97,952

Mid-Term Adjustment ............................$ 2,000,000

Non-APEG:

Teacher Retirement .....................................$ 28,874,113

Driver Education _......_,,.........__,,........._......._$ 350,000

Total Funds Budgeted ......................... ....^ 418,740,308

State Funds Budgeted ......................... .^ 418,088,314

Total Positions Budgeted

36

3. Special Education Budget:
Personal Services ........................................$ Regular Operating Expenses ...........................^ Travel .........................................................^ Motor Vehicle Equipment Purchases -------.-$ Publications and Printing .........................^ Equipment Purchases .....................................^ Per Diem and Fees ..................... ........^......^ Computer Charges ..........................................^ Other Contractual Expense .................. ..^

558,586 60,993 40,066
--0-- 6,100 1,900 10,700
--0-- 146,000

APEG Grants:
Salaries of Instructional Personnel (Sec. 5) .................................^
Instructional Media (Sec. 13) ...................^ Maintenance and Operation (Sec. 15) ___.....$ Sick and Personal Leave (Sec. 16) ............$ Travel-Special (Sec. 17) ................................$ Special Education Leadership
Personnel (Sec. 21(c) (2)) ..............4

39,450,569 1,297,273 6,270,150
324,318 76,136
1,074,127

Non-APEG 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 ................$

2,293,979
106,454 50,000 522,000 5,352,773

2530

JOURNAL OF THE SENATE,

Teacher Retirement .............................^ Total Funds Budgeted .................................... ^ State Funds Budgeted ......................................^ Total Positions Budgeted

3,621,287 61,263,411 58,645,736
27

4. Compensatory Education Budget:

Personal Services ---.--..__--._..._-._.._......_,,_....$

Regular Operating Expenses ,,..____._______________$

Travel

..................................... ^,

Motor Vehicle Equipment Purchases ___.___.---$

Publications and Printing __.__......._.,,........_._.....$

Equipment Purchases ...............................J^

Per Diem and Fees ________________.____._.__,,_,,_______.__._$

Computer Charges .......................................$

Other Contractual Expense .____.________________--.$

364,205 38,622 21,082 --0--
5,600 700 600
--0-- --0--

Non-APEG Grants:
Compensatory Education ______________,,___.________$ Education of Children of
Low-Income Families .,,._...........__.....,,..___.$ Education of Children of
Low-Income Families (Migratory) ....__.$ Total Funds Budgeted .................................^ State Funds Budgeted ....................___._.,,.__......._.$ Total Positions Budgeted

10,246,747
46,327,880
659,000 57,664,436 10,326,998
25

5. Vocational Education Budget:
Personal Services -_,,--..--__--____-..-..,,..-_._._-...__.$ Regular Operating Expenses ,,_............._....__.....$ Travel ............ 4 Motor Vehicle Equipment Purchases --....._--$ Publications and Printing ____...._.._,,,,____.____..____-$ Equipment Purchases --..--.._._......._......__..........$ Per Diem and Fees -..,,_.,,_-._-..-..-.-.-.-.-...........$ Computer Charges _,,---.--_----_.,,-..._-_,,.___-.,,.$ Other Contractual Expense ,,__________,,..,,_,,____._$

1,788,976 157,271 171,339 --0-- 33,270 13,099 33,313 --0-- 16,397

Non-APEG Grants:

High School Program

_____.$

Vocational Teacher Training ,,............___.....$

Vocational Education Research

and Curriculum ................... ..^

Adult Education ._.._._._._....._,,___.__.._......______..$

Area Vocational Technical Schools ...._.......$

Junior College Vocational Program ____,,_,,,,$

Quick Start Program .,,...........,,....................$

Comprehensive Employment and Training $

Teacher Retirement .........._....._._.............__....,,$

Total Funds Budgeted ........-__,,_..._......,,,,-.-.......$

State Funds Budgeted ........................................I

Total Positions Budgeted

13,531,081 215,000
269,000 2,298,942 28,044,230
477,693 900,000 2,919,452 1,830,928 52,699,991 35,492,011
107

THURSDAY, MARCH 4, 1976

2531

6. Student Services Budget:
Personal Services .--_,,..--_.______-___--_____________.___.$ Regular Operating Expenses _..--...--,,_--,,--.._$ Travel -----_-__._-._.__-_.._.___.___.$ Motor Vehicle Equipment Purchases _.._...--$ Publications and Printing ..__........ _........._......$ Equipment Purchases _---__-_,,--_--,,,,,,_________--.$ Per Diem and Fees ....__..._._....-............._.._...._$ Computer Charges ......-----..-----..,,.--_,,.,,----$ Other Contractual Expense -_--_,,._____.--____,,----$

250,635 22,251 16,214 --0-- 2,800 --0--
619
--0-- --0--

APEG Grant:
Salaries of Student Supportive Personnel (Sec. 20(a)) .._.___...._.........__....$ 14,712,803

Non-APEG Grants:
Guidance, Counseling and Testing ..._...,,._,,.$ Teacher Retirement __._._..-__.-_._____,,______._______$ Total Funds Budgeted ......_,,__.,,.....__..,,........._,,.$ State Funds Budgeted _......._..............-..-_..._...$ Total Positions Budgeted

180,626 1,314,736 16,500,684 16,466,786
15

7. Media Services Budget:
Personal Services .__._____-.____.______________._____________$ Regular Operating Expenses .,,.___--_--.__--,,$ Travel ......_...,,.-__......._....,,........_.......__.________$ Motor Vehicle Equipment Purchases ,,....----$ Publications and Printing ___..,,___,,_____,,,-_____$ Equipment Purchases ..,,,,..._._..--.............__--_$ Per Diem and Fees --........--_._..._..._.........--_.$ Computer Charges --.-.------.-----.-...--_----_--$ Other Contractual Expense .._.__--.-....-....-.-.._--..$ Authority Lease Rentals ..........--__.......--......--_.$

2,273,448 1,440,707
60,033 --0-- 143,588
1,770 91,105 --0-- 44,554 333,204

Non-APEG Grants:
Educational Television ........_--.-..........,,._.......$ School Library Resources and
Other Materials ............._,,__.............._.........$ Total Funds Budgeted ....-...._._-......__.......-._.......$ State Funds Budgeted .....____.......____._.______......$ Total Positions Budgeted

56,186
3,020,664 7,465,259 4,133,985
187

8. Public Library Services Budget:
Personal Services _,,..._____.____._..__......____....______......$ Regular Operating Expenses -_...__------_----$ Travel _......_.._______.-_......--..._...._....-_...._-..$ Motor Vehicle Equipment Purchases ---__..--.$ Publications and Printing ................................I Equipment Purchases ..,,-_.--.__,,--.__.,,...,,,,,,--.$ Per Diem and Fees ......__-__.....,,..,,-_.........-_._-,,..$

565,990 262,559
10,808 --0--
3,000
4,000
--0--

2532

JOURNAL OP THE SENATE,

Computer Charges --..,._--.-__.--.--.........--____..$ Other Contractual Expense ._..,,_.........___..._.,,..$

--0-- 20,000

Non-APEG Grants:
Salaries and Travel of Public Librarians --__________,,.______.______,,___,,_._.$
Public Library Materials ___......_.....-._.........$ Talking Book Centers ....-...-__--..._.,,.......,,.._.$ Public Library Maintenance
and Operation _...._.................._..,,......._,,$ Teacher Retirement _._,,_____,,.__.______.____,,____,,___.$ Total Funds Budgeted ............._......._,,.............$ State Funds Budgted -..._,,.........._-..-...,,-.......$ Total Positions Budgeted

2,722,885 1,811,952
160,000
849,072 232,647 6,642,913 6,414,782
52

9. Ancillary Services Budget:
Personal Services .........-..............--...-..-...........I Regular Operating Expenses .,,-_-___________.$ Travel ,,---__.-___..,,--,,.__.-$ Motor Vehicle Equipment Purchases ._,,..._--$ Publications and Printing ..... _._._...,,.$ Equipment Purchases .__..__._...___.--.--...._.......,,.--$ Per Diem and Fees ___._.........._........_......._.,,....$ Computer Charges _--...--,,. .........._,,,,--_...,,_-$ Other Contractual Expense _-..,,--.--.--.....--.....$

1,115,842 235,761 82,300 --0-- 14,600 12,875 6,000 --0-- --0--

APEG Grants:

Pupil Transportation--

Regular (Sec. 25) ........

.......$

Pupil Transportation--

Special (Sec. 25) __...__..-___.__$

32,538,540 2,043,093

Non-APEG Grant:

School Lunch --,,-._..._...-.-..-__.. ..._.$ 86,981,521

Grants to School Systems for Authority

Lease Rental Payments to Georgia

Education Authority (Schools) _...___......_......$ 26,743,474

Direct Grants to School Systems for

Capital Outlay Purposes ........_-........,,__.._......$ 624,243

Total Funds Budgeted __.............__-__.................? 150,398,249

State Funds Budgeted ,,.._...___._.....____....___...,,___.$ 72,867,704

Total Positions Budgeted

86

10. Program Standards, Assessments and Improvements Budget:
Personal Services ___.__.____.__,,______________________._.____-_$ Regular Operating Expenses ...,,.,,..............-...$ Travel ...... ................................ .^ Motor Vehicle Equipment Purchases ----..,,-._$ Publications and Printing __..___._____._.____________.__-$ Equipment Purchases ._._....,,--_......._,,...,,,,--.$

1,352,714 88,624 87,532
--0-- 19,228 3,710

THURSDAY, MARCH 4, 1976

2533

Per Diem and Pees ..........................................^ Computer Charges ........................................^ Other Contractual Expense .............................^

15,066 --0-- 670,551

Non-APEG Grants:
Supplementary Education Centers and Services ....,,____.............._...._.$
Staff Development ......................................$ Supervision and Assessment of Students ....$ Cooperative Educational
Service Agencies ...................................^ Total Funds Budgeted _..___.____,-_--....____............$ State Funds Budgeted ..__....-....---_,,.--_-...._...$ Total Positions Budgeted

2,504,951 490,000 145,000
2,192,000 7,569,376 4,714,813
90

11. State Administration Budget:
Personal Services ____._.......,,___--....._..._._.____,,_.___.$ Regular Operating Expenses ---_----.-.----_-_.$ Travel .................................$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ____....-...............__......$ Equipment Purchases ..................................^ Per Diem and Fees .........................................^ Computer Charges .......................................^ Other Contractual Expense ............................^

1,961,154 219,361 58,156 4,500 92,817 20,000 53,200 349,147 21,463

Non-APEG Grant:
Supplementary Education Centers and Services .............................$
Total Funds Budgeted ....,,,,_,,-,,--._........._,$ Indirect DOAS Services Funding .........,,......._$ State Funds Budgeted .................^ Total Positions Budgeted

240,489 3,020,287
220,000 1,911,408
130

12. Local Administration Budget:
APEG Grant:
Salaries of Administrative and Supervisory Personnel (Sec. 21) ._..___..

..$ 40,638,904

Non-APEG Grants:
Superintendents' Salaries Teacher Retirement ...,,,,..... Total Funds Budgeted .,,._...... State Funds Budgeted ......... Total Positions Budgeted

3,049,807 3,913,828 47,602,539 47,602,539
0

Budget Unit Object Classes:
Personal Services -..-.-._...--..... Regular Operating Expenses

10,975,498 2,599,653

2534

JOURNAL OF THE SENATE,

Travel ...........................................^ Motor Vehicle Equipment Purchases ----__--_..$ Publications and Printing ............................^ Equipment Purchases ,,..--...--,,--...--,,....._.--..$ Per Diem and Fees ..........................................^ Computer Charges ...........................__...___........$ Other Contractual Expense ____._.______.____________$

602,305 4,500
378,716 59,054 243,739 349,147 928,965

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10(a) (2)) -...-.._._._..-._,,_._.._..__..$ 323,027,946

Salaries of Instructional

Personnel (Sec. 5) _._.._.___.___.__.._..,,___.__$ 39,450,569

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ..........................^ 14,712,803

Salaries of Administrative and

Supervisory Personnel (Sec. 21) ....,,.._...$ 40,638,904

Special Education Leadership

Personnel (Sec. 21 (c) (2)) ____________.._____.__.$ 1,074,127

Instructional Media (Sec. 13) ..,,........___..._.$ 11,588,950

Instructional Equipment (Sec. 14) --.......,,$ 430,155

Maintenance and Operation (Sec. 15) .__,,_.$ 56,013,257

Sick and Personal Leave (Sec. 16) __.._..._._.$ 2,897,237

Travel--Regular (Sec. 17) .......................$ 522,672

Travel--Special (Sec. 17) ......................$

76,136

Pupil Transportation--

Regular (Sec. 25) ...........................$ 32,538,540

Pupil Transportation--

Special (Sec. 25) ___.___._..._..__......--.$ 2,043,093

Isolated Schools ..........................................4

97,952

Selective Pre-School Development ........,,..$ 5,821,028

Mid-Term Adjustment ................................ ^ 2,000,000

Non-APEG Grants:
Education of Children of Low-Income Families ...............................^
Driver Education ...........................................^ Teacher Retirement ........................................^ 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 ................% Compensatory Education .........................4 High School Program ................................J^ Vocational Teacher Training ___________.___._...____$ Vocational Education Research and Curriculum ......-.-.......-......$ Adult Education ................................^

47,001,530 350,000
39,787,539
2,293,979
106,454
50,000 522,000 5,352,773 10,246,747 13,531,081 215,000
269,000 2,298,942

THURSDAY, MARCH 4, 1976

2535

Area Vocational Technical Schools .._.,,_._,,_$

Junior College Vocational Program _,,___.___.$

Quick Start Program ...................................^

Comprehensive Employment

and Training ...........................................$

Guidance, Counseling and Testing .........___...$

Educational Television ____,,._-.___.____________,,__$

School Library Resources and

Other Materials ..................^

Salaries and Travel of

Public Librarians _,,,,__.....__.___.__-__............$

Public Library Materials ___-____-__,,_-____.-$

Talking Book Centers ..................... ^

Public Library Maintenance

and Operation ..........................................^

School Lunch ..........................^

Supplementary Education

Centers and Services -----------_.__._-_-----$

Staff Development .....................................^

Supervision and Assessment

of Students _,,.__......__...,,,,.,,___...____--_,,_,,__.$

Cooperative Educational

Service Agencies ..______________~~____~~_____.._-$

Superintendents' Salaries ..........................^

Grants to School Systems

for Authority Lease Rental

Payments to Georgia Education

Authority (Schools)

--------.-- $

Direct Grants to School

Systems for Capital

Outlay Purposes .....................................^

Authority Lease Rentals ..........................^

Total Positions Budgeted

28,044,230 477,693 900,000
2,919,452 180,626 56,186
3,020,664
2,722,885 1,811,952
160,000
849,072 86,981,521
2,745,440 490,000
145,000
2,192,000 3,049,807
26,743,474
624,243 333,204
762

B. Budget Unit: Institutions _____--_-------$

1. North Georgia Vocational-Technical

School Budget:

Personal Services .......................................^

Regular Operating Expenses ------------------$

Travel

....................... .................$

Motor Vehicle Equipment Purchases ----------.$

Publications and Printing ..........................^

Equipment Purchases ___._,,.____.----.___._,,___--_.___?

Per Diem and Fees ..................----..-.--...--.-.-$

Computer Charges ..............................----.---$

Other Contractual Expense -------------------_$

Authority Lease Rentals .............................. ^

Total Funds Budgeted ......................................^

State Funds Budgeted ..........-...............---....--$

Total Positions Budgeted

8,833,246
1,267,637 480,144 16,300 --0-- 4,275 62,000
54,750 1,885,106 1,394,833
101

2. South Georgia Vocational-Technical School Budget:
Personal Services .........................

...........^

1,094,174

2536

JOURNAL OP THE SENATE,

Regular Operating Expenses ..,,,,..---._-...--,.$ Travel ._._.,,_..______._._.______._.-_._,,.__..,,_.,,._.$ Motor Vehicle Equipment Purchases --.._...--_.$ Publications and Printing ______,,___.___,,__,,_____..___$ Equipment Purchases ............................$ Per Diem and Fees .....................................^ Computer Charges ........................................^ Other Contractual Expense ...................... ^ Capital Outlay ......................................J^ Authority Lease Rentals ............................. .^ Total Funds Budgeted ............... ..^ State Funds Budgeted ..........,,,,-._-_-_.....___..,,..$
Total Positions Budgeted

341,028 12,000 --0-- 3,360 174,000 --0-- --0-- 3,360 --0-- 49,315 1,677,237 1,218,950
96

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 .....................................$ Other Contractual Expense ..........................^ Capital Outlay ................................................$ Total Funds Budgeted ..................................^ State Funds Budgeted -......,,-.........__...,,-....$ Total Positions Budgeted

1,428,387 242,000 3,526 --0-- 2,390 30,000 2,500 --0-- --0-- --0--
1,708,803 1,478,118
158

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 .----------------.------------$ Other Contractual Expense .........................^ Capital Outlay ...........................................^ Authority Lease Rentals ._--.........__......_......$ Total Funds Budgeted ...................................^ State Funds Budgeted ................................$ Total Positions Budgeted

2,653,408 509,000 4,500 --Q>-- --0-- 25,200 500 --0-- --0-- --0-- 23,400
3,216,008 2,895,837
282

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 .........................................^

917,836 204,000
2,200 --0--
500 20,000
1,500

THURSDAY, MARCH 4, 1976

2537

Computer Charges ,_--.._._---- .....-- .--.,,.__---_._,,.$ Other Contractual Expense _.....____.......__.,,...,,.$ Capital Outlay -__...,,....-__.,,_.....__....,,___.._...__......$ Total Funds Budgeted ....._.....___-_._.....__.....___._..$ State Funds Budgeted __.__._____._,,____.____.__,,________..$ Total Positions Budgeted

--0-- 64,425
--0-- 1,210,461 1,166,461
78

6. Alto Education and Evaluation Center Budget:
Personal Services .....-- ........-..-- .......--..........._..$ Regular Operating Expenses ........___.,,. ..,,.__,,$ Travel _._......._.-...__...,,__.....___......_.._.....,,_........._,,.$ Motor Vehicle Equipment Purchases .--_--_..$ Publications and Printing ................................I Equipment Purchases _._._........__.,,__....._...._.._..$ Per Diem and Fees ...-_-___----_____....--___-.........$ Computer Charges .............................$ Other Contractual Expense .__.---___,,_--..,,__.$ Total Funds Budgeted ...... ...-..-$ State Funds Budgeted ___......____..._,_._........____...$ Total Positions Budgeted

766,749 62,000
3,000 --0--
700 10,000 -- 0-- --0-- --0-- 842,449 679,047
54

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 .............................. ......^ Other Contractual Expense ...-.,,......_.._......_..$ Capital Outlay ................................... .....^ Authority Lease Rentals ......__'....._.._........__....$ Total Positions Budgeted

8,128,191 1,838,172
41,526 --0--
11,225 321,200
4,500 --0--
67,785 --0-- 127,465
769

Provided, that none of the State funds ap propriated above may be expended to initiate or com mence 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 contributions to the Teachers' Retirement System ap plicable to such salary.

Provided, that of the above appropriation relative to Compensatory Education, $10,246,747 is designated and committed for a compensatory education program

2538

JOURNAL OF THE SENATE,

for students in grades 1 through 4. Provided, further, these funds shall be distributed based on a parity formula for remedial purposes only.

Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program for children who are five by December 31, as follows: First priority for use of funds shall be to serve all five-year-old children who are mentally, physically, or emotionally handi capped (as these classifications are defined by the State Board of Education). The balance of said funds shall be used for development programs to serve five-year-old children who are determined to be the most deficient in the developmental skills neccessary to succeed in the first grade. Provided, however, that such need be assessed on the basis of tests specifically developed for use with children of pre-school age, measuring abilities and perception, language and visual motor coordination. Local systems shall administer such tests as a criterion for admission.

Provided, further, that for said selective pre-school development program, each system shall be allotted one instructional unit and any additional instructional units shall be allotted on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance; except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. All allotments shall be based upon 1975-76 attendance data from the selected pre-school development program. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $6,384 for operational cost incurred in said pre-school development program to include main tenance and operation, sick and personal leave, instruc tional media, instructional equipment, testing, trans portation, and additional instructional personnel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the purpose of earning additional instructional
units.

Provided, that independent school systems shall be eligible to participate in the "mini-buses" trans portation program for Special Education Students.
Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.
Provided, that from the appropriation of $350,000

THURSDAY, MARCH 4, 1976

2539

above for Criterion-Referenced Testing for Students, Criterion-Referenced Testing for Teachers and for Competency-Based Certification Development, the State Board of Education is authorized to utilize these funds interchangeably to accomplish the development of all or any portion of the above mentioned activities.

Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.

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 in Sections 20 and 21 of the Adequate Program for Education Act, as it relates to earnings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of allocation which had previously been provided from a single Section of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Education to use non-teaching certificated personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated .personnel who are presently employed.

Provided, that funds appropriated above for In structional Equipment, (Section 14 of the Adequate Program of Education Act) shall be distributed to local systems based on 50 cents per child in average daily attendance.

Provided, further that $100,000 of the above ap propriation for the said selective pre-school develop ment program shall be designated for the determination and evaluation of processes for the identification of children within existing programs who are deficient in developmental skills needed to be successful in first grade and for the provision of supplemental learning tasks designed to remove the identified deficiencies of such students. The State Board of Education shall designate the locations for implementation of this pro
gram.

2540

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relating to Cooperative Educational Service Agencies (CESA) Grants, $500,000 is designated and committed to fund projects approved and awarded on the basis of merit by the Department of Education.

Provided, that the Department of Education is authorized and directed to use up to $71,600 of funds available in nongrant, noninstitutional object classes for the purpose of funding the Professional Standards Review Commission.

Section 18. Employees' Retirement System.
Budget Unit: Employees' Retirement System .....,,-............,,.-,,.-_.......,,.........._....__,,_-....?

1. Employees' Retirement System Budget:
Personal Services .,,,,..--.........._.,,_____--............_.$ Regular Operating Expenses --------......--,,--$ Travel _...-.._.,,_._.........._......,,...--.-...._.....,,.....$ Motor Vehicle Equipment Purchases --------$ Publications and Printing _._._._._._,,.._,,.___._,,__$ Equipment Purchases ------._---------__.__,,,,---$ Per Diem and Fees -....-_.,,.,,-.............._._..........$ Computer Charges ._,,-................_,,-...........,,..$ Other Contractual Expense ........--.....................$ Total Funds Budgeted ....,,.._...........,,.............$ State Funds Budgeted ....................__-..........._.._$ Total Positions Budgeted

404,477 46,200 5,000
--0-- 13,000 3,500 67,000
225,000 183,597 947,774 --0--
32

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 ---_.--,,--,,--$ Other Contractual Expense ___._.-__-______,,--$ Total Positions Budgeted

404,477 46,200
5,000 --0--
13,000 3,500 67,000 225,000 183,597
32

Section 19. Forestry Commission. Budget Unit: Forestry Commission ...._.......,,.,,...$ 9,302,000

1. Reforestation Budget:
Personal Services ..-.....-_._..-......-...__..........,,.-$ Regular Operating Expenses ..,,,,.--....-......---.$ Travel ......-....-......-..-............-.-.---...-..--.-I Motor Vehicle Equipment Purchases --....--,,$ Publications and Printing _----------...-...._.,,--$

396,911 272,813
1,347 23,200
446

THURSDAY, MARCH 4, 1976

2541

Equipment Purchases ----_.._.--____,,______..,--....,,$ Per Diem and Fees ..__.___.___.______.__._.___.___.._____.$ Computer Charges --------------....--.-_,,,,--...-.$ Other Contractual Expense --_-___________----__..$ Total Funds Budgeted ,,,,.,,,,_...__..,,._ ..__..__.___.$ State Funds Budgeted ....................................I Total Positions Budgeted

2,925 35,000 10,556 --0-- 743,198 203,408
28

2. State Forests Budget:
Personal Services --..----.--____..............-__-__.....$ Regular Operating Expenses --_--___.--------_..$ Travel __,,,,,,._...__..,,,,_ ,,_____,,__.__...__.___._$ Motor Vehicle Equipment Purchases .---_--.$ Publications and Printing --.--.,,_._.......------_..$ Equipment Purchases ----.........--_........,,._----$ Per Diem and Fees --.-----_--.-_..--._--.__..------,,,,$ Computers Charges --.--._..--..--.._,,.,,.,,_,,_..$ Other Contractual Expense -.-----_-__,,,,--,,--.$ Ware County Grant ................_............_.....__..$ Total Funds Budgeted ....................................I State Funds Budgeted ......-.___.............._,,.._._____.$ Total Positions Budgeted

71,000 11,976
81 --0--
312 --0--
60,000 143,369 --0--
6

3. Field Services Budget:
Personal Services ..........--._____..............._--___...$ Personal Operating Expenses __..._______,,____.___.$ Travel ________.__.__.________.--________.___..__________._.___.___...$ Motor Vehicle Equipment Purchases __.----_$ Publications and Printing _..._,,.........._____.___.....$ Equipment Purchases ....... ....._....__................_.$ Per Diem and Fees .__.___.._...............__.__-..........$ Computer Charges .....----___-.._-..-.........._--_-___.$ Other Contractual Expense --_.______._____--.-...--.$ Total Funds Budgeted .._..__._...............,,______....$ State Funds Budgeted ._..._........_..._.____.............$ Total Positions Budgeted

8,522,000 1,580,000
64,607 501,523
13,180 98,000 8,500 19,353 --0-- 10,807,163 8,568,720
799

4. General Administration and Support Budget:
Personal Services .............-_.__......................_.__.$ Regular Operating Expenses --.________,,..........$ Travel ........................._..___...........__......,,__......$ Motor Vehicle Equipment Purchases .----.--.$ Publications and Printing .__.__...._...................$ Equipment Purchases --..-.-..--.-.----.--..-..-...-I Per Diem and Fees ..........................................I Computer Charges ......_.....____....................-......:$ Other Contractual Expense --._-_,,._.,,._.---.--...$ Total Funds Budgeted ....-.........-._..,,..___.._.,,...-.$ State Funds Budgeted ,,...,,.-.........-....._...._--..$ Total Positions Budgeted

412,317 74,783 10,907 14,400 12,700 3,100 3,071 58,059
--0-- 589,337 529,872
25

2542

JOURNAL OF THE SENATE,

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 ___.....__..__.__----.----.--$ Other Contractual Expense ___.__,,__..____,_,,____.$ Ware County Grant ._-__.___.__--_----._--__.______..$ Total Positions Budgeted
Section 20. Forest Research Council.
Budget Unit: Forest Research Council ,,,,___-___.$
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 ___________________.......................$ Other Contractual Expense ...........................-$ Contractual Research _____,,,,_,,,,_____________.__________$ Total Funds Budgeted ....................................i State Funds Budgeted ,,_..__...,,,,........_.-,,..___-_.$ Total Positions Budgeted

9,402,228 1,939,572
76,942 539,123 26,638 104,025 46,571
87,968 --0--
60,000 858
590,740
98,500 33,000 4,000 --0-- 25,000
500 750 --0-- --0-- 436,490 598,240 590,740
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 ............................................^ Other Contractual Expense _,,,,,,--__------_,,_--$ Contractual Research ___.___.__..._,,.....--.....--....$ Total Positions Budgeted

98,500 33,000
4,000 --0--
25,000
500 750 ^0-- --0-- 436,490
7

Section 21. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation ________._________________-____________-__-__.$
1. General Administration Budget:
Personal Services ....__..._-_.__.____,--------.$ Regular Operating Expenses --..----..-.-..-..$ Travel ............... .^

7,250,942
360,000 72,133 3,800

THURSDAY, MARCH 4, 1976

2543

Motor Vehicle Equipment Purchases --,,----.$ Publications and Printing ____--_,,.___________:___.__,,$ Equipment Purchases --.-._-__----....--_..............$ Per Diem and Fees --._____..,,,,______._,,.________$ Computer Charges -_,,_........._-_.,,_._._.....,,_,,,,._.$ Other Contractual Expense --------_--....--..-.$ Total Funds Budgeted _.---._________$ State Funds Budgeted .______............__..............$ Total Positions Budgeted

--0-- 1,100 1,000 2,000
--0--- --0-- 440,033 440,033
26

2. Operations Budget:
Personal Services .....__.__......_......._.__.,,__.__,,___....$ Regular Operating Expenses ___.__.______________,,___$ Travel -----..________---__.______________$ Motor Vehicle Equipment Purchases .__________.$ Publications and Printing ................................I Equipment Purchases ._______.,,......._-__.________......$ Per Diem and Fees ............,,_....................,,...._..$ Computer Charges --_----______-_----___---.,,--,,____$ Other Contractual Expense ----_--------.--,,.$ Evidence Purchased .............._.___-........_-.__.___._.$ Total Funds Budgeted __......--..._.__--..............$ State Funds Budgeted ___.___.__........._._.__..____....$ Total Positions Budgeted

2,800,000 402,848 169,000 168,000 2,500 25,000 --0-- --0-- --O1-- 98,000
3,665,348 3,314,603
167

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 ............._.___....,,........._.__..__.$ Other Contractual Expense ,,..--.-_..___________....$ Total Funds Budgeted -........-___.-..................$ State Funds Budgeted ..__-____.-..........__._-_____....$ Total Positions Budgeted

1,155,647 314,000 14,400 --Q--- 4,900 80,489 --0-- 91,033 --0--
1,660,469 1,469,436
74

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 ......-...___..._...-.........___.._......$ Other 'Contractual Expense .----,,----.--.--.--.$ Total Funds Budgeted ._..-.......----__.-.........$ State Funds Budgeted ._____,,_-,,_____________.--___$ Total Positions Budgeted

1,246,922 374,710 12,000 --0^-- 136,054 15,000 3,800
1,013,384 --0--
2,801,870 2,026,870
102

2544

JOURNAL OP 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 _....................-_.._.................$ Other Contractual Expense __---------__----_.$ Evidence Purchased .._.._._._._.__-_-_.------_-____.___.$ Total Positions Budgeted

5,562,569 1,163,691
199,200 168,000 144,554 121,489
5,800 1,104,417
--0-- 98,000
369

Section 22. Georgia Motor Vehicle Commission.
Budget Unit: Georgia Motor Vehicle Commission _________________________,,_--_----____,,_____$

42,450

Georgia Motor Vehicle Commission Budget:
Personal Services .................,,.--..,,..--_..___,,_._____$ Regular Operating Expenses ,,_,,----_--_,,_--__$ Travel _________.__________________,,_______.-____.$ Motor Vehicle Equipment Purchases ............$ Publications and Printing -__._.___--__..._.______-_-$ Equipment Purchases --_--_--__-------------.......$ Per Diem and Fees -__.___.___.___.,,__....-...........-.......$ Computer Charges ------_-----_--,,_------------$ Other Contractual Expense _------------------$ Total Funds Budgeted _______,,_.._.._-___,,__-_._._..__.$ State Funds Budgeted _.,,.____.______________._________.$ Total Positions Budgeted

26,000 8,950
500 --0--
2,000 --0--
5,000 --0-- --0--
42,450 42,450
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 .________.--...-------------------if Other Contractual Expense _------------------$ Total Positions Budgeted
Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission _._--__----_____--.$
Departmental Operations Budget:
Personal Services __________,,,,_--__------------_----$ Regular Operating Expenses ----,,------------$

26,000 8,950
500 --0--
2,000 --0--
5,000 --0-- --0--
2
--0--
746,458 149,000

THURSDAY, MARCH 4, 1976

2545

Travel ............$ Motor Vehicle Equipment Purchases ------.$ Publications and Printing ..----,,__------__$ Equipment Purchases ......................................^ Per Diem and Fees ._------_...-------..------_._.$ Computer Charges _----------.__.--_----..------..$ Other Contractual Expense ----....----._._----.$ Total Funds Budgeted -...._.--------_..----______.$ State Funds Budgeted __----..------_..------$ Total Positions Budgeted

14,500 --0-- . 12,500
15,800 201,000
6,00>0 25,000 1,170,258 -- 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 _----_._...----._...------.___.__.__.$ Other Contractual Expense --------,,--------.$ Total Positions Budgeted

746,458 149,000
14,500 --0--
12,500 15,800 201,000 6,000 25,000
42

Provided, that unless there is Congressional au thorization for deepening the existing navigational chan nel in Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1977, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the Colonel's Island project and any revenues generated therefrom shall be returned to the State Treasury.

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following projects for the Department of Educa tion and the Department of Human Resources, autho rized in Section 44 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects:
Multigeographic Receiving Center at Southwest Georgia Regional Hospital ----._---- $
Medical-Surgical Unit at Gracewood --------._------___ Regional Youth Development Centers
at Macon, Eastman, Columbus and Griffin .__--___. Alien Building Renovations at
Central State Hospital ------ ---------------------. Area Vocational-Technical School at Augusta.------ Area Vocational-Technical School
in Spalding County ,,.---- ---------_____ ,,----

2,000,000 2,750,000
2,850,000
2,925,000 3,160,000
600,000

2546

JOURNAL OF THE SENATE,

Ben Hill-Irwin Area Vocational Technical School _________________
Area Vocational-Technical School at Savannah _,,________..,,_______

It is the intent of this General Assembly that of the $7,300,000 in new General Obligation Debt autho rized in Section 44 for construction and equipping of buildings and facilities at various institutions of the State Board of Regents of the University System, at least $1,000,000 is for the purpose of constructing and equipping a new field house at Albany State College, and approximately $672,000 is for the purpose of pur chasing the U. S. Army Armory property at Augusta College.

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 _________________________

Budget Unit Object Classes:
Cost of Operations ___________________________,,_ Mansion Allowance -__________________,,_____ Governor's Emergency Fund ____________ Gubernatorial Transition Allowance

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditures of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger there of or other grave emergency when available funds are not sufficient for such purposes.

B. Budget Unit: Office of Planning and Budget ._____.._,,_,,.._.___..__,,__._._,,.__,,.,,._._______,,__..___._.._.,,$
1. General Administration and Support Budget:
Personal Services __________________ _________ij Regular Operating Expenses ____.___..____-___-$

600,000 3,000,000
2,915,005 875,005 40,000
2,000,000 --0--
2,915,005 2,915,005
875,005 40,000
2,000,000 --0--
2,693,640 306,000 28,000

THURSDAY, MARCH 4, 1976

Travel

....,,.,$

Motor Vehicle Equipment Purchases .__.____...$

Publications and Printing ______.__..___.___.,,..,,.....$

Equipment Purchases --..--.----..._..._.___.___..__.._..$

Per Diem and Pees _.________________________..______._________$

Computer Charges ______.________.___________.._.____________.$

Other Contractual Expense __......_._..........._..._.$

Payments to Regional Commissions ...... ..._.$

Total Funds Budgeted .............._.__.._._..._.............$

State Funds Budgeted __..._.. ........_.__..._............$

Total Positions Budgeted

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 ._,,.,,_____.____________________,,_________$

Other Contractual Expense ......_.___._._____..__.___.$

Art Grants ... .._..._..____.__.___..__..__.________.__.__....,,_.___.$

Total Funds Budgeted .............___________._______...___.$

State Funds Budgeted _._..._................._......._.....$

Total Positions Budgeted

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 --__-,,,,--.--.--.-.-.--....-.---.-..$

Other Contractual Expense __..._..___.__..___.____.__.$

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 ___.___.____._..______..._..__.$ Equipment Purchases ..-.--,,-..............-......--.. ..$ Per Diem and Fees .............._..._.___..___.__._._..__..__.$ Computer Charges __..____.__._._.____._._,,_.........,,_.....$ Other Contractual Expense ....--.--.--..--.-......$ Total Funds Budgeted ___..__..__..____._.._..____...__._.. $ State Funds Budgeted .._......._.._.......................$ Total Positions Budgeted

2547
7,000 --0--
2,500 1,000 37,500 1,000
500 181,200 564,700 551,700
18
51,500 8,000 1,500 --0-- 2,500
550 5,500 --0-- --0-- 300,000 369,550 169,550
3
335,800 14,500 7,000 --0-- 12,000 --0-- --0-- --0-- 20,000 389,300 276,300
16
320,000 24,000 22,000 --0-- 2,500
500 2,000 --0-- --0-- 371,000 346,000
19

2548

JOURNAL OP THE SENATE,

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 ............................................$ Other Contractual Expense .......................--..^ Total Funds Budgeted ....................................^ State Funds Budgeted ......................................^ Total Positions Budgeted

297,000 9,500 4,000
--0-- 1,000
500 --0--
500 --0-- 312,500 262,500
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 __.........._-_-.,,......,,.-......_--...$ Other Contractual Expense _.______--__________,,___..$ Total Funds Budgeted ................. .^, State Funds Budgeted _,,,,______.____,,__,,___.________....$ Total Positions Budgeted

520,000 23,000
14,000 --0--
8,000 1,000 500,000 14,000 --0-- 1,080,000 376,000
30

7. Office of Consumer Affairs:
Personal Services ..............--.............................$ Regular Operating Expenses ._____...--..___.....-_.$ Travel .......................................... .^ Motor Vehicle Equipment Purchases ,,..,,_-....$ Publications and Printing ___..__._________.___..____.____$ Equipment Purchases .__,,-_--__,,.__--__-____,,_._.,,__$ Per Diem and Fees .............-..............................$ Computer Charges ...._,,,,_.,,.......__.......,,__......-..$ Other Contractual Expense __.__-____..-_._._._,,-_._.$ Total Funds Budgeted .....__.__.......__.__.._.....__.....$ Indirect DO AS Services Funding ,,_____.......___.$ State Funds Budgeted ,,..___.........._..........,,.....,,$ Total Positions Budgeted

601,565 169,040
19,899 --0--
21,400 1,495
10,120 50,000 12,470 885,989 85,650 436,740
50

8. State Energy Office Budget:

Personal Services

............................$

Regular Operating Expenses ...____-_....._,,..__.....$

Travel .................................. ..........$

Motor Vehicle Equipment Purchases ___...____.$

Publications and Printing .__.........,,_.._......,,.___.$

Equipment Purchases ...............................$

Per Diem and Fees .............................,..............^

Computer Charges -....................--....-...--.........$

167,000 24,000
7,000 --0--
10,000 --0--
--0-- --0--

THURSDAY, MARCH 4, 1976

2549

Other Contractual Expense __________,,,,_____.__.____$ Total Funds Budgeted ..,,__._________._,,._._________,,__.$ State Funds Budgeted _._..______._______._________.__.____.$ Total Positions Budgeted

--0-- 208,000 158,000
12

9. Georgia Post-Secondary Education Commission Budget:
Personal Services ......... ........^ Regular Operating Expenses ___.__,,._._______________.$ Travel -.____--.._._,,.,,._____.__.,,_..__._,,________$ Motor Vehicle Equipment Purchases ______ --__$ Publications and Printing _______________._______________$ Equipment Purchases __.___............._._......_,,_..___.$ Per Diem and Fees ...........................................^ Computer Charges __________________--,,________.___._______.$ Other Contractual Expense ...........................$ Total Funds Budgeted _._.,,..,,...._ $ State Funds Budgeted _____________ __,,__________________$ Total Positions Budgeted

73,000 11,500 2,500 --0-- --0-- 1,500
2,000 --0--
--0-- 90,500 40,300 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 .............................. J^

Other Contractual Expense ...........................^

Intern Stipends -__.___ --......................^

Total Funds Budgeted ____________.,,_.__..___________$

State Funds Budgeted ....................................%

Total Positions Budgeted

45,000 2,800 1,300 -- 0-- 1,800
650
--0--
-- 0--
--0-- 25,000 76,550
76,550 3

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 .......................$ Other Contractual Expense ...--......................$ Art Grants .....................................$ Payments to Regional Commissions _____________ $ Intern Stipends .......................................^ Total Positions Budgeted

2,716,865 314,340 86,199 --0-- 61,700 7,195 557,120 65,500 32,970 300,000 181,200 25,000 170

2550

JOURNAL OF THE SENATE,

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 municipal ities 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 .________.$ 129,251,587

1. General Administration and Support Budget:
Personal Services _____,,_,,,,,,_,,,,,,_,,,,__$ Regular Operating Expenses ______-___._____$ Travel ..................................................................I Motor Vehicle Equipment Purchases _______$ Publications and Printing _,,,,_.___.__.________$ Equipment Purchases __________.__._-_______--___.$ Per Diem and Fees ................._______________$ Computer Charges ____,,__,,,,,,,,.__,,____---_-$ Other Contractual Expense _-_______-____-..___._._.$ Total Funds Budgeted .__.......___-_____________.$ Indirect DO AS Services Funding .._..._....._....$ Agency Funds _._._____..._____.._____-_______..__.____$ State Funds Budgeted ,,___,,_$ Total Positions Budgeted

8,164,850 1,342,603
226,000 --0--
40,000 25,263 50,000 1,758,286 100,000 11,707,002 1,403,350 4,854,796 5,448,856
616

2. Special Programs:
Personal Services _.__,,,,_.,,_,,,,,,,,$ Regular Operating Expenses .--______________$ Travel ______ ____,,,,.___.-,,___---.__$ Motor Vehicle Equipment Purchases ,,,,___.__.$ Publications and Printing .--___--_,,.------._.--$ Equipment Purchases .____----_-------_--------_$ Per Diem and Fees _____________._________________$ Computer Charges _________,,.__,,,,,,.$ Other Contractual Expense __,,_________.____$ Total Funds Budgeted -_...........-________________$

481,000 86,400 30,000 --0--
6,000 --0--
19,000 10,000 23,515 655,915

THURSDAY, MARCH 4, 1976

2551

Indirect DO AS Services Funding _______..._...___.$ Agency Funds ------..--.-._._.--,,..._._$ State Funds Budgeted ____-..._...______._...__..______.$ Total Positions Budgeted

9,610 298,773 347,532
31

3. 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 _.___----.--..__________--------...._$ Other Contractual Expense _______..___.-______________$ Total Funds Budgeted _--.......___________..__.__.______.$ Indirect DOAS Services Funding ___.___________._.$ Agency Funds _,,......___.__..._._........_____.........._....._.$ State Funds Budgeted --.__..........._...._._.._..........$ Total Positions Budgeted

1,228,000 185,000 23,000 --0-- 15,000 --0-- 1,000 --0-- --0--
1,452,000 90,500 17,602
1,343,898 91

4. 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 .__.,,......._._.__.___..........__.__...__.$ Other Contractual Expense .....__.._.._._.__..........$ Regional Grants for Prenatal and
Postnatal Care Programs .._..._.__................_ $ Crippled Children Benefits ........_...__.._._.___._...$ Kidney Disease Benefits .....____.____............___.___.$ Cancer Control Benefits .__......-_.____.__.._____.......$ Contract for the Purchase of
Clotting Factor for the Hemophilia Program .................,,.............__..$ Midwifery Program Benefits ___.....___......_...._.$ Benefits for Medically Indigent High Risk Pregnant Women and Their Infants ......_..._.......................................? Family Planning Benefits __..___.._..........__.___._..$ Total Funds Budgeted .........._..___.__............._.... $ Indirect DOAS Services Funding ._.._.___.._..___.$ Agency Funds .........._.............................-...........$ State Funds Budgeted ... .....__..__._............__._._._.$ Total Positions Budgeted

3,695,000 1,079,100
220,000 --0--
40,000 16,000 550,000 110,000 3,838,572
150,000 3,034,626
300,000 459,000
100,000 175,000
2,986,000 919,880
17,673,178 130,360
9,616,634 7,926,184
342

5. Physical Health--Community Health Budget:
Personal Services ...................._______..............__._.$ Regular Operating Expenses ....._..,,.___...........$

5,045,000 1,046,200

2552

JOURNAL OF THE SENATE,

Travel ......................... ^ Motor Vehicle Equipment Purchases ...,,_..,,__$ Publications and Printing ____-______.__._______.____.___$ Equipment Purchases ... ......-.-.--..__________________,,.$ Per Diem and Fees ----.._....._.--..--__._.___.___________$ Computer Charges ...................^ Other Contractual Expense ................__.______.__$ Facilities Construction Grants ________._..._..........$ Total Funds Budgeted _______._.____._______________..._.$ Indirect DO AS Services Funding .__..__._._..__._.$ Agency Funds ___.______..............................._......,,.$ State Funds Budgeted .............................. .^....^ Total Positions Budgeted

225,000 --0--
40,000 7,000
140,000 18,540
268,000 8,500,000 15,289,740
17,650 5,311,459 9,960,631
351

6. Physical Health--Local Services Budget:
Personal Services .............................................$ Regular Operating Expenses ----.....................$ Travel ....................._.____..__.____._._.........................$ Motor Vehicle Equipment Purchases ___.___.___.$ Publications and Printing ____..,,,,.._,,,,,,.____...._,,_$ Equipment Purchases ...................................,4 Per Diem and Fees ..................................._......$ Computer Charges -----__------.._.--..__.___.___.___.$ Other Contractual Expense ............................$ Grant for DeKalb County Mental
Retardation Project ______._____._________._____.__.__...$ Grant for Chatham County
Mental Retardation Project ........................$ Grant-In-Aid to Counties ................................$ Total Funds Budgeted ................................. 4 Indirect DOAS Services Funding ............._..$ Agency Funds .................................... ..^ State Funds Budgeted ....................................$ Total Positions Budgeted

5,510,000 429,770 359,000 --0-- 4,000 34,000 185,000 --0-- 312,000
106,646
102,464 9,028,977 16,071,857
53,200 3,421,471 12,597,186
356

7. 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 ._...___.___.-__..__.__...____-_....._____._.$ Other Contractual Expense .................__.._..__..$ Total Funds Budgeted -..............__....................$ Indirect DOAS Services Funding ___._____....._..$ Agency Funds .......-..__..___._.-_..__-..__.__..-___--.........$ State Funds Budgeted .....................................^ Total Positions Budgeted

989,000 82,800 90,000 --0--
8,000 --0--
10,000 100,000 414,500 1,694,300 122,370 472,130 1,099,800
57

THURSDAY, MARCH 4, 1976

8. 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 ___.___.............._..______.__..._.__.._.$

Other Contractual Expense _._._._.,,.....,,...._,,....$

Total Funds Budgeted .............._._.._..__.,,_..,,_......$

Indirect DOAS Services Funding ..,,._...__.._.__.$

Agency Funds ----,,_._.,,.,,.,,,,$

State Funds Budgeted _.,,._.,,...$

Total Positions Budgeted

2553
1,443,000 232,780 45,000 --0-- 6,000 200 86,720 85,250
2,426,000 4,324,950
105,250 3,324,000
895,700 122

9. 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 .-..._...__._______.._...............__..__.$

Other Contractual Expense ...........................I

Benefits for Family Living Care ....._..._....___.$

Contracts with Day Care Centers

for the Mentally Retarded .....__.__...._._..__.....$

Grants for Alcoholism Community

Treatment Programs .__.............___......_.......... $

Grants for Drug Abuse

Community Treatment Programs .......--....$

Grants for Child Mental Health ......_.____..___...$

Grants for Adult Mental Health __..................$

Foster Grandparent Program .....__._._......_.__._ $

Group Homes for the

Mentally Retarded .._,,_.__..........................._.__..$

Total Funds Budgeted .................._._._.._._.__.___.$

Agency Funds .-.....-.__...._-_..__......................._.$

State Funds Budgeted ....................................I

Total Positions Budgeted

213,000 3,200 17,000
--0-- 420
--0-- 100
--0-- 147,000 1,125,000
24,089,024
2,300,000
500,000 1,000,000 3,600,000
65,000
1,635,000 34,694,744 15,686,384 19,008,360
21

10. Community Social Services and Administration:
Personal Services .,,.....___..............__._.................$ Regular Operating Expenses .........__..______.......$ Travel _....,,._._,,-_-._..__......_.__..........._.._________._.._.$ Motor Vehicle Equipment Purchases --..._..__.$ Publications and Printing ,,............__..._.__..........$ Equipment Purchases -----------.-.........--....._.$ Per Diem and Fees ................._..__._.._.._............$

3,189,000 372,000 200,000 --0-- 45,000 11,000 14,000

2554

JOURNAL OF THE SENATE,

Computer Charges ___..........._.._.____.......,,..___.___.. $ Other Contractual Expense ...,,______........_...___..$ Total Funds Budgeted _._.._.____._..._._..___._..........$ Indirect DOAS Services Funding ....__.___.__.___.$ Agency Funds ... .....................$ State Funds Budgeted .................$ Total Positions Budgeted

495,000 127,000 4,453,000 546,558 3,121,781 784,661
261

11. Purchase of Social Services:
Personal Services ____.,, .,,,,,._ _,,_,,,,$ Regular Operating Expenses .--..--__.____.--......$ Travel .............................................. .^ Motor Vehicle Equipment Purchases ._._.__..._.$ Publications and Printing .......... .......^ Equipment Purchases _________________--..---_,,_.__-.$ Per Diem and Fees --.___.__._______-----.................$ Computer Charges ...............................$ Other Contractual Expense .............__..__._______.$ W.I.N. Benefits ____.__.$ Grants to Fulton County for
24-hour Emergency Social Services ............................$ Benefits for Child Care _._____________.__-___,,__._______.$ Total Funds Budgeted ..................$ Agency Funds ........................... ^ State Funds Budgeted .............. .......^ Total Positions Budgeted

--0-- 200,000 --0-- --0-- --0-- --0-- --0-- --0-- 21,981,551 2,000,000
130,000 6,778,942 31,090,493 25,809,396 5,281,097
0

12. Community Youth Services:

Personal Services ..................... ^

Regular Operating Expenses ________________________$

Travel ..............$

Motor Vehicle Equipment Purchases -..--..--$

Publications and Printing- .........._-__.___._________.$

Equipment Purchases ....................$

Per Diem and Fees --_____._______,,---_----,,------$

Computer Charges ....................

J^

Other Contractual Expense _.__-___--_-___.__________.$

Total Funds Budgeted ......................^

Indirect DOAS Services Funding ___.__.__.._......$

Agency Funds

....................$

State Funds Budgeted ...._.____,,........................$

Total Positions Budgeted

3,339,000 492,000 236,000 --0-- 2,500 10,000 --0-- --0-- --0--
4,079,500 82,640
1,895,500 2,101,360
342

13. Services to the Aged Budget:

Personal Services .....__.___.____.._.............__............$

Regular Operating Expenses __------__,,_---___.$

Travel

...............^

Motor Vehicle Equipment Purchases -_,,_,,--_$

Publications and Printing _____,,____________.___.___.$

Equipment Purchases --.--.....-_-------------,,_.$

Per Diem and Fees ___,,___________,,.______.._____.-_._____$

Computer Charges ....................... ...........^

355,000 52,300 15,000 --0--
3,000 --0--
2,000 --O1--

THURSDAY, MARCH 4, 1976

2555

Other Contractual Expense ..............................I Areawide and Community Grants ..._--________.$ Nutrition Grants ____._____._...______________________.____.__._.$ Total Funds Budgeted ......_.___......,,.__..__..........$ Indirect DOAS Services Funding ....._..___.....$ Agency Funds ._______.___,,__________._________..__.._______...$ State Funds Budgeted .__._-........._._.._......______..$ Total Positions Budgeted

4,000 1,457,178 2,980,927 4,869,405
11,240 4,415,868
442,297 24

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 .,,,,..,,_.__,,

$

Other Contractual Expense _......._._..___._........,,.$

Grants for Nephrology Centers .__.___.___________.$

Total Funds Budgeted .__..__..-....._..._-_-.........._..$

Indirect DOAS Services Funding __________.__._.$

Agency Funds -,----..----$

State Funds Budgeted .__.___.......__.___.___............__.$

Total Positions Budgeted

560,000 68,000 25,000 --0--
7,000 --0--
15,000 210,000 40,995 185,000 1,110,995 150,000 795,995 165,000
35

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 ........-....___.______..--------__.___.$

Other Contractual Expense .....__..__._,,.............$

Total Funds Budgeted __.._-...........,,.__...____.__.... $

Indirect DOAS Services Funding .....__._._._...,,$

Agency Funds ___._._........-._..-__.___._._..............__.__..$

State Funds Budgeted ......_._.._.____._..___..._..-.....$

Total Positions Budgeted

7,876,000 4,367,000
102,000 33,000
9,000 109,000 141,000 --0-- 269,000 12,906,000 82,650 11,875,350 948,000
698

16. Vocational Rehabilitation-- Services Budget:
Personal Services ___'._,,.___.___.. _..._.__..__-_.........._..$ Regular Operating Expenses ______.-_____--.___.__,,$ Travel ........ ......_.__.................-.-___......-_____.........$ Motor Vehicle Equipment Purchases --_______-$ Publications and Printing .._.___..._......_..___........ $ Equipment Purchases .............__.._.........._.___.__..$ Per Diem and Fees ....._.,,._.__..........___...............,,$

8,921,000 14,710,750
400,000 --0--
4,000 25,000 90,000

2556

JOURNAL OP THE SENATE,

Computer Charges .-...,,.-........_--------_____.___._,,$ Other Contractual Expense ..,,.._..__.___.___.____.__.$ Total Funds Budgeted .... ..,,_._............_.___._..__.$ Indirect DOAS Services Funding ,,,,..__.,,_.__.__.$ Agency Funds _._......_........,,...._._,,._.._...........-.....$ State Funds Budgeted ....,,.___._.._..._.._................$ Total Positions Budgeted

--0-- --0-- 24,150,750 234,450 18,717,879 5,198,421
741

17. Vocational Rehabilitation--Disability Adjudication Budget:
Personal Services ._..._..___._....,,._,.-,,$ Regular Operating Expenses ._..-.....--_...__.$ Travel _____.-------- $ Motor Vehicle Equipment Purchases ,,---.--.$ Publications and Printing ......-..,,..-...-..-.-.._...$ Equipment Purchases ..,,.._____._._____..__.____-.___.-_..$ Per Diem and Fees _____.________..._.---__-__----_.$ Computer Charges ......_............................--......$ Other Contractual Expense ....--......--........--$ Total Funds Budgeted .....__..__._____...,,..-.______-$ Agency Funds .-.......__._______,,_...,,.___-___-__.__-_---.$ State Funds Budgeted .,,.-,,...__...-_.___-_.....-.$ Total Positions Budgeted

3,348,000 3,593,000
80,000 --0--
1,000 50,000 125,000 --0-- --0-- 7,197,000 7,197,000 --0--
279

18. Public Assistance Budget:

Personal Services ,,......................------------.--$ --0--

Regular Operating Expenses _...___.._..___....___.__.$ --0--

Travel

,,,,___,,_.,,.--,,--,,,,$ --0^

Motor Vehicle Equipment Purchases ___._______.$ --0--

Publications and Printing ,,...._.-------_.---._..--.$ --0--

Equipment Purchases __...._..._.___-----------------$ --0'--

Per Diem and Fees ___._._...,,__.._..,,...........--...._--$ --0--

Computer Charges -_----_____---_.------.---------$ --0'--

Other Contractual Expense ....--.....--.--.----..$ --0--

SSI-Supplement Benefits ._.._.,,-...................._-$ 2,475,000

AFDC Benefits ...-.-...___.._-..-..-...,,-__.___.__-______-_.$ 120,086,782

Total Funds Budgeted ...............-......--.-....-$ 122,561,782

Agency Funds __..__-.....-...-.-.-...-....-.............-..-$ 88,352,723

State Funds Budgeted ____.__..__,,__._______..__._._-_-.$ 34,209,059

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 .....................--...,,...._..........$ Other Contractual Expense ___.--.--._----------$

--0-- --0-- --0-- --0-- --0--
--0-- --0--
--0--
--0--

THURSDAY, MARCH 4, 1976

2557

Local Services Benefits Payments Grants ....,................'.......................$
Grants to Counties for Social Services ._._.._. $ Total Funds Budgeted .._._._._,,.________._....._.__.___.$ Agency Funds ,,_._____._____.._..______________...,,__,,_.______.$ State Funds Budgeted .._.___..-.....__..... .._._-__.....$ Total Positions Budgeted

27,416,000 24,292,000 51,708,000 32,277,000 19,431,000
0

20. Benefits Payments--Program Administration and Support Budget:

Personal Services .............. ....^

Regular Operating Expenses ..........,,_._.__.,,..._.$

Travel ...................

4

Motor Vehicle Equipment Purchases __--_...._.$

Publications and Printing ..........................$

Equipment Purchases ..,,___.__--____.....___--.._...._.$

Per Diem and Fees ......................... 4

Computer Charges ,,_.___.....-._-.....__-_...-...__-.-.....$

Other Contractual Expense ._.._._....._..._--......_.$

Total Funds Budgeted .,,......._...___..__.....__-__......$

Agency Funds .......__...__.......-.-__-__..-....-._.__......$

Indirect DOAS Services Funding ___._...........,,$

State Funds Budgeted __.......,,.______-._....-.._._.._...$

Total Positions Budgeted

2,502,326 763,944 179,000 --0-- --0-- 12,670 9,000 700,000 794,150
4,961,090 2,548,545
350,000 2,062,545
186

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 --.___........-....__.__..,,.....-___.....$ Other Contractual Expense ______.____,,._,,_..._.._.__.$ Grants for Regional Prenatal
and Postnatal Care Programs ,,....__--,,___,,_.$ Crippled Children Benefits ............................$ Kidney Disease Benefits .....................^ Cancer Control Benefits _--_._-___.__.._._.__._______.$ Benefits for Medically Indigent
High Risk Pregnant Women and Their Infants _____________________,,.,,_____.,,___._._______.$ Family Planning Benefits ._--..-............._........$ Benefits for Midwifery Program ._...........__.$ Facilities Construction Grants ......,,___._.........$ Grants for DeKalb County Mental Retardation Project .,,,,._.._...._..........$ Grants for Chatham County Mental Retardation Project __.._....__-___.__..___.$ Grant-In-Aid to Counties .....-.,,___._.........___.._$ Benefits for Family Living Care -_..__...........$ Contracts with Day Care Centers for the Mentally Retarded .......................$

56,859,176 29,106,847
2,472,000 33,000 230,920 300,133
1,437,820 3,487,076 30,746,283
150,000 3,034,626
300,000 459,000
2,986,000 919,880 175,000
8,500,000
106,646
102,464 9,028,977 1,125,000
24,089,024

2558

JOURNAL OF THE SENATE,

Grants for Alcoholism Community

Treatment Programs -___-__.___......._-____,,....-..__.$ 2,300,000

Grants for Child Mental Health .__.___,,_..........$ 1,000,000

Grants for Adult Mental Health _.______.____._,,_.$ 3,600,000

Poster Grandparent Program ._...__....,,_...__.___.$

65,000

Group Homes for the

Mentally Retarded ....___-_____........_.___..__.........$ 1,635,000

Work Incentive Benefits ....._______.......,,__.___.....$ 2,000,000

Grants to Fulton County for

24-hour Emergency Social Services ...._.____..$ 130,000

Benefits for Child Care ___-............_.___.,,.......__.$ 6,778,942

Areawide and Community Grants --__----._,,.$ 1,457,178

Nutrition Grants ..,,,,._..___,,_...$ 2,980,927

Grants for Nephrology Centers ________.,,________.$ 185,000

SSI-Supplement Benefits ___..........,,...__._..........$ 2,475,000

AFDC Benefits

--^ ._._,,_$ 120,086,782

Local Services Benefits

Payments Grants ..._.__._______...-.....___.__.____.......$ 27,416,000

Grants for Drug Abuse

Community Treatment Programs __,,......,,. $ 500,000

Grants to Counties for Social

Services _..........-.-.____....-.........-_____..,,............_._$ 24,292,000

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program __..___........._..___.._.,,........$ 100,000

Total Positions Budgeted

4,553

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose.

Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta.

Provided, that of the above appropriation, $437,000 is designated and committed for 12%% matching for Day Care Centers in the Appalachian Region.

Provided, that of the above appropriation, $150,000 is designated and committed for regional prenatal and postnatal care programs.

Provided, that of the funds available in the Physical Health--Local Services Budget not less than $100,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program.

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screen ing as authorized by House Resolution 67.

THURSDAY, MARCH 4, 1976

2559

Provided, that of the above appropriation, $45,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Re tarded Children's project Rescue outreach advocacy program.

Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

Provided, that of the above appropriation relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Au thority upon the approval by the Federal Government of the application for funding for the training of health personnel under the provisions of the Public Health Service Act.

Provided, that of the above appropriation to the Physical Health-Community Health Activity at least $147,000 is designated and committed for the Phenylketonuria (P.K.U.) Disease Prevention Testing.

Provided that to the extent that Federal Vocational Rehabilitation funds are realized in excess of the amounts of such funds contemplated in this Act, the Office of Planning and Budget is authorized and di rected to use the first $500,000 of such excess funds to supplant State funds appropriated herein. Provided further that such supplantation shall not be imple mented if so doing would cause any portion of the anticipated Federal funds not to be realized.

Provided further the Department is hereby autho rized to use at least $262,000 of the State funds appro priated for Contracts with Day Care Centers for the Mentally Retarded for the purpose of purchasing mini buses.
There is hereby appropriated $31,734,059 in State funds for the purpose of making AFDC benefit pay ments and Child Support Recovery payments to the State Treasury.
Provided that for Fiscal 1977, the following maxi mum benefits and maximum standards of need shall apply:

2560

JOURNAL OF THE SENATE,

Number in Asst. Group
1 2 3 4 5 6 7
10 11 or more

Standards of Need
$106 161 193 227 260 282 305 324 341 365 390

Maximum Monthly Amount
$ 42 77 115 148 169 184 199 199 199 199 199

Provided further that in the event the AFDC benefits appropriation for Fiscal 1977 should be insuf ficient to support the maximum payment schedule listed above, the Department of Human Resources is directed to reduce monthly benefit payments in sufficient amounts to insure the adequacy of the AFDC benefits appropriation to make such payments for the entire fiscal year.

Provided, further, that the Department of Human Resources shall not increase beyond the February, 1976 level the percentage of need used in making the monthly benefit calculations, nor otherwise change the factors used in calculating monthly benefit payments so as to cause any increases thereof, other than mandatory changes resulting from Federal or Judicial mandate.

B. Budget Unit: Medicaid Services __.._.____,,,,$ 106,923,091

Medicaid Services Budget:

Personal Services ...................,,._.___....,,...........__$ 1,347,000

Regular Operating Expenses _.--,,,,___________,,--.$ 341,020

Travel

_______.---____.__.._$

17,500

Motor Vehicle Equipment Purchases ,,------.$ --0--

Publications and Printing .............__.__.___.......$

35,000

Equipment Purchases -__._._.____...................-__...$

9,900

Per Diem and Fees ...................... ^

2,000

Computer Charges ..----___.___.___..........._.._,,___..__.$ 3,160,000

Other Contractual Expense .............$

45,000

Medicaid Benefits _....--_-_____.................._.._______$ 320,987,897

Payments to Counties for

Adult Mental Health ___..,,.......,,,,..______.__....$ 1,100,000

Payments to Counties for

Child Mental Health __...................,,,,_..______.$

160,000

Payments to Counties for

Alcoholism .,,..........._.____..__,,_.................._...___.. $ 360,000

Contracts for Hospital Audits .___._........._......$

147,000

Contract with Delta Dental

Plan of Georgia ..................................$ 400,000

THURSDAY, MARCH 4, 1976

2561

Contract with Georgia

Medical Care Foundation __._.__-._______.__-.______-$ 1,000,000

Reserve for Provider Audits ......_____...,,___....._.$ 500,000

Total Funds Budgeted ,,---,,---$ 329,612,317

Indirect DOAS Services Funding ._._._...._____.$ 1,178,612

Agency Funds .....__..........__.....___....,,__..._......____._.$ 221,510,614

State Funds Budgeted ......._.....__.........__..........$ 106,923,091

Total Positions Budgeted

128

Budget Unit Object Classes:

Personal Services ___._.,,__....._,,..._..._____....,,...._...._$ 1,347,000

Regular Operating Expenses -......-_.....-....___..$ 341,020

Travel

............$

17,500

Motor Vehicle Equipment Purchases ..----,,.-$ --0--

Publications and Printing .._..._._,,...,,.__._.........$

35,000

Equipment Purchases ----_._---.__,,.......,,--.-..._.$

9,900

Per Diem and Fees _.___,,.___.,,-_._..__,,____.,,__..___,,$

2,000

Computer Charges ___..,,..____....__..__.,,......_._......__$ 3,160,000

Other Contractual Expense .._.._.,,____....._.__...,,.$

45,000

Medicaid Benefits -_.._._.-____________..____._..__,,.._______$ 320,987,897

Payments to Counties for

Adult Mental Health ,,,,....__..._.._...._._._.....__..$ 1,100,000

Payments to Counties for

Child Mental Health __.....__.....__._..._.__._..._.___.$ 160,000

Payments to Counties for

Alcoholism _.__.....___......__.....i._..____......._._.....__...$ 360,000

Contracts for Hospital Audits ......_......__......__.$ 147,000

Contract with Delta Dental

Plan of Georgia __-.__.____,,,,_,,______________.-__--_.____$ 400,000

Contract with Georgia

Medical Care Foundation .___....___....____.....___.$ 1,000,000

Reserve for Provider Audits ....__......_..,,.____....$ 500,000

Total Positions Budgeted

128

Provided that none of the appropriation to the Re serve for Provider Audits shall be encumbered in any way until transferred to the appropriate object class or classes by action of the Fiscal Affairs Subcommittees of the House and Senate as provided by law.

C. Budget Unit: Mental Health and Youth Development Institutions _________._____.$ 129,913,359

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 ...........................................I

4,810,000 991,712 11,500 4,400 1,200 4,400 73,000 70,000

2562

JOURNAL OF THE SENATE,

Other Contractual Expense -_.._._.___._,,--......_._.$ Authority Lease Rentals ..........,,_...__.___.........$ Total Funds Budgeted .-.....-...___._.__.............___. $ Indirect DOAS Services Funding ......... $ State Funds Budgeted ...................... $ Total Positions Budgeted

107,660 387,000 6,460,872 70,000 5,944,872
497

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 .............................$

Other Contractual Expense ..,,______________________.$

Authority Lease Rentals ..__.............,,.._.,,_.......$

Total Funds Budgeted ....................................^

Indirect DOAS Services Funding _,,__,,

$

State Funds Budgeted __._.____________._.__.._____._.___.. $

Total Positions Budgeted

5,925,000 1,291,213
6,600 --0--
3,950 --0--
95,000 82,000 15,824 513,000 7,932,587
82,000 7,250,287
612

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 .......................... 4 Other Contractual Expense __....,,._.......__._......$ Authority Lease Rentals __-...........-,,-....-..-.._.$ Total Funds Budgeted ........_-_.____._...........___.__.. $ Indirect DOAS Services Funding ______.___.,,.__.$ State Funds Budgeted .....,,._____...__......-..,,_.._... $ Total Positions Budgeted

4,738,000 825,518 11,200 --0-- --0-- 7,150 68,000 69,000 12,000 500,000
6,230,868 69,000
5,686,868 523

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 ...................... ....^

Other Contractual Expense ..........__._.,,,,....___.$

Authority Lease Rentals ..................................^

4,610,000 902,528 7,100 --0-- 1,075 8,500 42,000 65,000 --0-- 646,500

THURSDAY, MARCH 4, 1976

2563

Total Funds Budgeted .._._....._...-......-__...,._....._..$ Indirect DOAS Services Funding ............._....$ State Funds Budgeted --_._-____..______.._.._.___.$ Total Positions Budgeted

6,282,703 65,000
6,039,203 502

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 ----..-_.-....-._.:_..-..._...._._.$ Other Contractual Expense ......,,_........_...,,._..$ Capital Outlay ....----.,,____._____,,____,,__..._,,_....._.$ Authority Lease Rentals ...._..._...,,,,.__..,,.....$ Total Funds Budgeted ...___-..._.....,,....-.,,......__.$ Indirect DOAS Services Funding _...._.,,,,.__$ State Funds Budgeted __,,___________,,___-,,._._,,__._...$ Total Positions Budgeted

6,150,000 1,461,754
15,000 10,000 1,700 19,250 32,550 75,000 --0--- --0-- 853,500 8,618,754 75,000 8,029,715
646

6. Gracewood State School and Hospital Budget:
Personal Services _____--__.___..,,___,,__________,,____.$ Regular Operating Expenses _....,,......_._...._....$ Travel -----___._______.___..__.$ Motor Vehicle Equipment Purchases ,,,,_.._--_.$ Publications and Printing ,,...--,,...._,,_.._.___....$ Equipment Purchases -.---..._--..-__...._.__....__..$ Per Diem and Fees .....__.-__..,,._,,_____,,,,__.___.....$ Computer Charges .-_-...__.....,,.....-_...._.._...___...$ Other Contractual Expense ...,,....-__-....._.-..._$ Capital Outlay __._...__.....,,__............_._...,,_....._..$ Authority Lease Rentals .._._-..-__.....,,_-..--__..-.._.$ Total Funds Budgeted _-_____.____.._.________,,.___-___.__.$ Indirect DOAS Services Funding .......___.....,, $ State Funds Budgeted .__......_...._._.._._._...._.__.._.$ Total Positions Budgeted

13,396,000 2,873,251
17,500 11,500
800 33,850 41,000 71,000 132,123 --0-- 117,000 16,694,024 171,000 12,203,024
1,468

7. Southwestern State Hospital Budget:
Personal Services __._.____.........................I..........! Regular Operating Expenses ......_.,,......_...__...$ Travel ._.___...__._...._,,...._.,,.__...,,.__..,,._...._.......,,$ Motor Vehicle Equipment Purchases _....,,_..$ Publications and Printing __,,.,,_.............._.,,......$ Equipment Purchases -._._...-,,_..._.._.,,...._.,,....$ Per Diem and Fees _--_.....--.._-_-....--....,,_.......$ Computer Charges ,,......._-..._,,...-,,._.__.......__....$ Other Contractual Expense .,,......._....,,._......__.$ Capital Outlay ....................................................I Total Funds Budgeted ....___.-...,,_.....,,__......_.......$

7,612,152 1,572,183
17,400 13,855
1,365 35,700 43,135 70,000 15,472 53,000 9,434,262

2564

JOURNAL OF THE SENATE,

Indirect DOAS Services Funding ._______._..._....$ State Funds Budgeted ............-____-______.___.___.._...$ Total Positions Budgeted

70,000 8,307,127
819

8. Georgia Retardation Center Budget:
Personal Services ._.__._..__.__.__,,______.___.._..............$ Regular Operating Expenses ___,,_._.._._____________.$ Travel ............... .^. Motor Vehicle Equipment Purchases .....__..__.$ Publications and Printing ___________._._________________.$ Equipment Purchases .________------,,,,______.___._.$ Per Diem and Fees ..................................... ^ Computer Charges ___.,,-$ Other Contractual Expense ...........................4 Capital Outlay ___-.-.-.....__.___.____.______..___.__.___.____.._.$ Authority Lease Rentals ..................-.,,..,,.._._.. $ Total Funds Budgeted .__.___.__-___.____________.__.___...$ Indirect DOAS Services Funding ..................$ State Funds Budgeted ________._._-_-___-__-___-________.$ Total Positions Budgeted

9,710,000 2,794,790
17,500 --0--
2,500 11,900 41,000 102,100 14,000 --0-- 794,000 13,487,790 102,100 11,969,341
1,013

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 .___.___________-__________.___-___-_.___..$ Other Contractual Expense ,,........................,,$ Authority Lease Rentals ..._._..____.__________.___.___._.$ Total Funds Budgeted ......................................$ Indirect DOAS Services Funding .....__......._.. $ State Funds Budgeted ___.______-_._..__..._.._._.___.__...-$ Total Positions Budgeted

7,284,000 1,594,611
22,200 --0--
1,500 4,000 54,000 60,810 410,112 450,000 9,881,233 160,810 9,259,423
679

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 ._.____.__________.._...-__..._.___-__.___.$ Other Contractual Expense .___________._.____._._.___.$ Capital Outlay .__.___._.____.__._.,,..._..___.._-..._-_.___..__.$ Authority Lease Rentals ............................ ....-i Outpatient and Aftercare Drug
Purchases .......................................................^ Total Funds Budgeted __..___.___._._.____.__._._.___.__....$ Indirect DOAS Services Funding ................. ^

41,986,928 9,454,849 25,250 39,000 738 68,600 55,500 360,000 78,428 --0^ 1,284,000
750,000 54,103,293
660,000

THURSDAY, MARCH 4, 1976

2565

State Funds Budgeted --_____-___.__.__._______.$ 44,047,435

Total Positions Budgeted

4,863

11. State Youth Development Centers Budget:
Personal Services _._________._._________________.___$ Regular Operating Expenses -------.__--___,,__.$ Travel ................$ Motor Vehicle Equipment Purchases ----_..._.$ Publications and Printing .................. ^ Equipment Purchases _--_--__.--_-..___------___$ Per Diem and Fees ________-_-_______---_$ Computer Charges _______.___________________.._.$ Other Contractual Expense _____.____.___,,__.$ Capital Outlay ,,_..._,,.__......_.___,,_..$ Total Funds Budgeted ____.__--_--_______-_____.$ State Funds Budgeted __..__________,,__.-_______.$ Total Positions Budgeted

5,865,897 1,408,060
7,700 12,700
500 14,435 33,900 8,000 8,400 --0-- 7,359,592 7,275,592
607

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 ____--_____________.._.--_--___$

Other Contractual Expense -__,,___--__,,------.$

Capital Outlay ________.__.______._______.,,______$

Reserve for Operation of

Clayton RYDC _________.._______,,___.'..__._.,,.____-___.$

Grants to County-Owned Detention

Centers ....-...__._.......____--...-..-____-.......----___.$

Total Funds Budgeted --_______,,__.___._-___.___..--__.$

State Funds Budgeted ._-......-.___..........-_...__...$

Total Positions Budgeted

2,190,000 649,155 7,575 --0-- 800 9,600 63,380 --0-- --0-- --0--
246,000'
250,000 3,416,510 3,400,472
286

13. Regular Operating Expenses Reserve Budget:
Regular Operating Expenses Reserve _--_--.--______.----_,,______--_._____
Total Funds Budgeted _____________________ State Funds Budgeted ----...__------_.___ Total Positions Budgeted

500,000 500,000 500,000
0

Budget Unit Object Classes:

Personal Services _.___.____.______.__-_-______-_-_____$ 114,277,977

Regular Operating Expenses ,,..._._._..._____..._.$ 25,819,624

Travel ........................ ^ 166,525

Motor Vehicle Equipment Purchases __--._.__$

91,455

2566

JOURNAL OF THE SENATE,

Publications and Printing _--......,,......,,._.__ Equipment Purchases ----,,.__.__,,_,,,, Per Diem and Fees .........-..,,--__,,__._-_--...-- Computer Charges --.--.--..--,,,,_____,,.-_..--... Other Contractual Expense .,,.__...-_,,......._ Capital Outlay ----_..----.--__-_--_---____--_--,,_ Regular Operating Expenses Reserve __ Grants to County-Owned Detention
Centers .___-....--__.-..______...__......_.___--_._____ Authority Lease Rentals --.--__,,___.--._--_._.. Outpatient and Aftercare Drug
Purchases ----,,--------------------,,Reserve for Operation of Clayton RYDC Total Positions Budgeted

16,128 217,385 642,465 1,032,910 794,019
53,000 500,000
250,000 5,545,000
750,000 246,000
12,515

Provided, that from the above appropriation relat ing to Capital Outlay: $53,000 is designated and com mitted for renovations of the sewage lift station, to meet Environmental Protection Agency requirements, at Southwestern State Hospital.

Provided, that the Department is hereby authorized and directed to redirect $580,000 from funds available to the Georgia Building Authority for renovations, to meet Fire Marshal standards, at Northwest Georgia Regional Hospital ($300,000) and Gracewood State School and Hospital ($280,000).

Provided, however, the Department is authorized to utilize from surplus funds appropriated for Personal Services at Georgia Regional Hospital at Savannah, an amount, not to exceed $200,000, for the purpose of funding an experimental pilot program for a commun ity detoxification center, half-way house and educa tional program for alcoholics and drug abusers in Chat ham County, Georgia, such pilot program to be adminis tered by and under the direct supervision of the Com missioner of Human Resources.

Section 27. Department of Labor.

A. Budget Unit: Inspection Division

463,500

Inspection Division Budget:
Personal Services .,,...,,_.........._...,,___........-._.....$ Regular Operating Expenses ___,,_.........--.___,,_.$ Travel -_.........-,,.-...-........_.,,-..............,,-......._-$ Motor Vehicle Equipment Purchases ......._....$ Publications and Printing --.....__,,--....----....--$ Equipment Purchases --_,,--__,,--_--,,,,---_--__.$ Per Diem and Fees --...---------.....--------.-----$ Computer Charges ,,.----_----_______--__-----__,,---$ Other Contractual Expense ._..........__.......__-...$

376,000 25,000 60,000 --0--
1,500 500
--0-- --0--
500

THURSDAY, MARCH 4, 1976

2567

Total Funds Budgeted ,,._._.___....._,,_. State Funds Budgeted ..^........ ........ Total Positions Budgeted

463,500 463,500
28

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 ._---------...,,--...,,___. Other Contractual Expense _._.__._..... Total Positions Budgeted

376,000 25,000 60,000 --0--
1,500 500
--0-- --0--
500 28

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund ................................... $

2,926,644

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 ............................$ Other Contractual Expense .______!______.__._______._$ Total Funds Budgeted ......................................$ State Funds Budgeted ......_____..-......-_____.,,.,,....$ Total Positions Budgeted

14,630,000 3,919,071
475,000 --0--
15,000 38,000
5,000 --0-- 675,000 19,757,071 455,278
1,069

2. Comprehensive Employment and Training Act (CETA) Budget:

Personal Services ................... .......^

Regular Operating Expenses --------_.--------$

Travel

............ .........^ ........$

Motor Vehicle Equipment Purchases ._,,-_--.$

Publications and Printing ................................I

Equipment Purchases ....................... .^

Per Diem and Fees ........................... ^

Computer Charges ......--,,____.__.--.----_.__-_..--.$

Other Contractual Expense (CETA) ._____,,..$

CETA Direct Benefits ...................... .^

Total Funds Budgeted ___.___..,,._.......__.._____-....._$

State Funds Budgeted .....-_____..__......,......_-__..$

Total Positions Budgeted

3,127,033 2,151,616
300,000 -- 0^--
15,000 30,000 5,000 --0-- 25,000,000 10,000,000 40,628,649 -- 0--
264

2568

JOURNAL OF THE SENATE,

3. Correctional Services Budget:
Personal Services ___________-..--,,__._________. Regular Operating Expenses ............... Travel -_....-___-_._.____.___.............____________. Motor Vehicle Equipment Purchases Publications and Printing .,,-_____________ Equipment Purchases ,,..--..----.--.--... Per Diem and Fees .........,,__...-..._._.,,_._. Computer Charges .__,,.,,____,,,,...__.......... Other Contractual Expense -,,......,,__. Total Funds Budgeted ___.__...__....._._.__..._. State Funds Budgeted ...._.......__.......... Total Positions Budgeted

721,815 31,000 14,550
--0-- --0-- --0-- --0-- --0--
20,000 787,365 787,365
53

4. Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund ,,-_..............,,__......._...........-......$
Total Funds Budgeted .-...___-...-.-........_.._-....... $ State Funds Budgeted ........._,.__________.........____.$

1,000,000 1,000,000 1,000,000

5. Work Incentive Budget:
Personal Services __............._--._.........__..__..........$ Regular Operating Expenses _......_,,._........____.$ Travel _.__..__._____..__.____.__________..$ Motor Vehicle Equipment Purchases ,,,,--...-.$ Publications and Printing -..._..........__........._..$ Equipment Purchases ___,,.-.--.____,,_..--...-..--_____.$ Per Diem and Fees .............._-__--.......-_._-........$ Computer Charges .-----,,_.----------------....--$ Other Contractual Expense .._.____.__........_-___...$ W.I.N. Grants ___,,._._.._,,,,_._....$ Total Funds Budgeted .....__-_..........._____-......._.$ State Funds Budgeted -___........___.____._..........___.__$ Total Positions Budgeted

2,860,664 405,373 100,000 --0-- 1,000 10,300 --0-- --0--
2,510,908 951,768
6,840,013 684,001 232

Budget Unit Object Classes:
Personal Services .._____........_..._.,,_._........_-......$ Regular Operating Expenses ............._........___.$ Travel ..................................................................I Motor Vehicle Equipment Purchases ,,--.....-$ Publications and Printing .__............,,.........__..$ Equipment Purchases ...............................--......I Per Diem and Fees ___.___............_______.......__,,......$ Computer Charges __,,.--..--..---__--..-...-----.......$ Other Contractual Expense (CETA) ..._.._..$ Other Contractual Expense _..__.._........._...._.....$ W.I.N. Grants .................................................I
Unemployment Compensation Reserve Fund .-............-.-..........--.......---I
CETA Direct Benefits ........-.........-_-......--...$
Total Positions Budgeted

21,339,512 6,507,060
889,550 --0--
31,000 78,300 10,000 --0-- 25,000,000 3,205,908 951,768
1,000,000
10,000,000
1,618

THURSDAY, MARCH 4, 1976

2569

Section 28. Department of Law. Budget Unit: Department of Law .,,..........,,..__.$

Attorney General's Office Budget:
Regular Personal Services _______._-_-___._.__.._.._____.$ Library 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 ..................................I Other Contractual Expense ..-._________,,.-,,--_,,_-.$ Total Funds Budgeted -___.__._,,..._.-______..........-._.$ State Funds Budgeted ...,,.-.._.,,_......-.-..._..-.....$ Total Regular Positions Budgeted Total Library Positions Budgeted

Budget Unit Object Classes:

Regular Personal Services .....-.....,,--......-.__._.$

Library Personal Services ._______--.....................$

Regular Operating Expenses -.--_____.___.__,,_,,_..$

Travel

...................$

Motor Vehicle Equipment Purchases ,,,,--,,,,.$

Publications and Printing ,,..___.___.__..___._,,.$

Equipment Purchases ,,_--_.-,,----_--__----_._--.$

Per Diem and Fees _-...-..,,......--.............. _,,,,--.._$

Computer Charges ---,,..,,.,,_-------------.----,,$

Other Contractual Expense ,,----,,--.--..--.--.$

Books for State Library ......_.............._________..$

Total Positions Budgeted

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 Depart ment of Law as provided by law.

2,183,750
1,830,617 112,883 181,723 64,100 --0-- 28,827 3,800 115,000 --0-- 32,000 --0--
2,368,950 2,183,750
89 9
1,830,617 112,883 181,723 64,100 --0-- 28,827 3,800 115,000 --0-- --0-- 32,000 98

Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments ......._.----,,.--..--.--.--.$

2,414,565

2570

JOURNAL OF THE SENATE,

1. Applicant Services Budget:
Personal Services .....................................$ Regular Operating Expenses .....................$ Travel ...................................^ Motor Vehicle Equipment Purchases ____________$ Publications and Printing ...................._.$ Equipment Purchases -_,,_----_-____-_..-________________$ Per Diem and Pees ........................................ ^ Computer Charges -...----.__..,,...,,,,_.................$ Other Contractual Expenses ...........................^ Total Funds Budgeted ........................................I Agency Assessments ----_,,__.___._.___________,,.________$ Total Positions Budgeted

420,523 33,250 2,975 --0-- 23,075 --0-- 25,000 136,000 --0-- 640,823 640,823
34

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 __________.._--,,-______..,,__._._._..$ Other Contractual Expense ..........................^ Total Funds Budgeted ...,,,,._....,,.,,.__......__._._._.$ Agency Assessments ....................................^ Total Positions Budgeted

304,962
9,500 8,000 --0-- 19,000
450 --0--
65,000 --0-- 406,912 406,912
21

3. Employee Services Budget:
Personal Services ............................................$ Regular Operating Expenses .........................$ Travel .........................................................I Motor Vehicle Equipment Purchases ,,,,........$ Publications and Printing _.......................,,..._..$ Equipment Purchases --._._...___------...-_,,$ Per Diem and Fees ...........................................^ Computer Charges ............................................$ Other Contractual Expense ...........................^ Total Funds Budgeted ...................._...._..._.-_....i Agency Assessments ........................................^ Total Positions Budgeted

232,450 9,215 2,300
--0-- 4,000
46,000
293,965 293,965
19

4. Employee Training and Development Budget:
Personal Services ..............................................$ Regular Operating Expenses ..........................^ Travel ...............................................................^ Motor Vehicle Equipment Purchases .--________$ Publications and Printing ....____.,,_.______.___.___$ Equipment Purchases ________.....__.,,__-,,..-_......._____$ Per Diem and Fees .,,.....-...,,_.-._._.....-...-..........$

203,420 16,090 6,150
--0-- 4,700 1,200 1,600

THURSDAY, MARCH 4, 1976

2571

Computer Charges __,,_.,,,,.,,_,,__----...---..._-$ Other Contractual Expense ..........................^ Total Funds Budgeted ...................................^ Agency Assessments _____,,____.__.-__,,_,,_____-____,,.$
Total Positions Budgeted

100 --0-- 233,260 233,260
14

5. Health Insurance Administration Budget:
Personal Services ..................................J$ Regular Operating Expenses .......................^ Travel ..................................... ..^ Motor Vehicle Equipment Purchases ____..___._.$ Publications and Printing ..._........................_._.$ Equipment Purchases ...................................^ Per Diem and Fees ...........................^ Computer Charges ......................................^ Other Contractual Expense .................... .^ Health Insurance Claim Payments ___._________.$ Total Funds Budgeted .............................^ Employee and Employer Contributions _,,,,...$ Total Positions Budgeted

187,650 19,286 1,575
--0-- 3,300 910 26,000 17,156
814,000 25,700,000 26,769,877 21,000,000
16

6. Internal Administration Budget:
Personal Services ........................................$ Regular Operating Expenses --,,-------------$ Travel ................. ...^ Motor Vehicle Equipment Purchases --....._,,.$ Publications and Printing ....--_.__._._.__._.--_..$ Equipment Purchases .......................................^ Per Diem and Fees ........................................^ Computer Charges ...........................................^ Other Contractual Expense ........................$ Federal Sub-grants to
State and Local Agencies ___'___--.----,,___--_$ Total Funds Budgeted ...............................^ Agency Assessments _,,,,_...._ .......................^ Total Positions Budgeted

248,609 11,600 2,190
--0-- 5,300
--0-- 1,900
438,729 --0--
252,755 961,083 669,408
17

7. Director Office Budget:
Personal Services .............................................$ Regular Operating Expenses ................--......^ Travel ..............................................^ Motor Vehicle Equipment Purchases .,,.._____.$ Publications and Printing ...............................^ Equipment Purchases .......................................^ Per Diem and Fees .......................................^ Computer Charges ----_..--.----_.--...------....$ Other Contractual Expense ...........................^ Total Funds Budgeted ............................. ..^ Agency Assessments ...................................$ Total Positions Budgeted

142,497 7,700 4,500
--0-- 1,500 500
13,500 --0-- --0-- 170,197 170,197
7

2572

JOURNAL OP 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 ............................... Other Contractual Expense ............... Federal Sub-grants to
State and Local Agencies ,,----.----. Health Insurance Claim Payments .-- Total Positions Budgeted

1,740,111 106,641 27,690 --0-- 60,875 3,060 68,000 702,985 814,000
252,755 25,700,000
128

Provided, however, that the State Merit System of Personnel Administration is authorized to make only such unit assessment as is required to fund the level of expenditure contemplated for this budget unit in this Appropriations Act.

Provided, that of the above appropriation relative to Per Diem and Fees, the department is authorized to spend up to $10,000 for the purpose of establishing the necessary funding level for a statewide teacher's health insurance program.

Provided, however, the Department is authorized and directed to utilize up to $100,000 of agency assess ments for the reorganization of the Merit System, in cluding payments to consultants.

Section 30. Department of Natural Resources.

Budget Unit: Department of Natural Resources _._.__..____....___.,,...-..-

..$ 27,377,776

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 ............................. ........$ Other Contractual Expense ........_........._........$ Total Funds Budgeted __............-.--.,,-$ State Funds Budgeted ............................. _.._..$ Total Positions Budgeted

1,045,000 213,000 12,000 --0-- 96,000 8,000 27,000 131,000 --0--
1,532,000 1,532,000
83

THURSDAY, MARCH 4, 1976

2573

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 ..............-.-....._,,_..._....,,.....$ Other Contractual Expense ,,___,,_..----______,,_$ Total Funds Budgeted .._.._.._._..____._._____.__..$ State Funds Budgeted ,,,,._._.,,__-___---_-___,,._____.$ Total Positions Budgeted

320,637 81,870
8,500 --0-- 268,000
3,000 3,000
600 --0-- 685,607 685,607
26

3. Planning and Research Budget:
Personal Services __.........,,..........,,......_.....,,.__. $ Regular Operating Expenses -_..,,.....-...__.---..$ Travel ,,__________,,__-,,________.-__._____________________,,______$ Motor Vehicle Equipment Purchases --..----.$ Publications and Printing .,,___.._____________,,$ Equipment Purchases --.---_--_--.,,---__--------$ Per Diem and Fees _..._.........-...,,.............___._...$ Computer Charges .._-_.-..__-...._.__....__....___.....$ Other Contractual Expense __...,,_............_.--.? Land and Water Conservation Grants .....__,,-_.$ Recreation Grants __.___._..._____,,,,____________.__________$ Total Funds Budgeted _......__..___..-._..-.-....._.._$ State Funds Budgeted ,,_,,_.______._-_-______,,__.-_.$ Total Positions Budgeted

922,806 89,990 38,000 --0-- 52,000
625 19,000 3,000 98,000 3,700,000 100,000 5,023,421 1,033,074
59

4. Game Management Budget:
Personal Services ..__.._._...-...._._._..........___.$ Regular Operating Expenses _.._------......---$ Travel ._.,,-.,,.._..-..._....-._._._.-..-....._.-_........._...$ Motor Vehicle Equipment Purchases --..----.$ Publications and Printing _,,_--.__.~_-______._--__.$ Equipment Purchases .......--........._--_.--....--_.$ Per Diem and Fees ___.__.....-.......__...___.-._..__....__.$ Computer Charges __._..-.-._..._...._....-.......--$ Other Contractual Expense _....._........__...___,,_._.$ Maintenance for the South End
of Sapelo Island ___,,__._.-____.__,,.._.-.-._,,_....$ Capital Outlay ........-.......,,_.-..._......._.__..,..,,.....$ Total Funds Budgeted _.....................................$ State Funds Budgeted -......._...........-_.,,...........$ Total Positions Budgeted

1,350,793 536,205 17,000 71,975 12,000 28,000 2,500 6,500 19,000
75,000 --0-- 2,118,973 1,106,473
109

B. Fisheries Management Budget:
Personal Services ............_..--..__.._.,,........_.........$ Regular Operating Expenses ........--.--......-....$ Travel ...._.............._.............._.......__. ................f Motor Vehicle Equipment Purchases .....,,.....$

1,375,000 592,200 31,000 30,000

2574

JOURNAL OP THE SENATE,

Publications and Printing .._,,............._.__.__._..$ Equipment Purchases ,,..-----_--_--......_...,,_..$ Per Diem and Fees _____--__________,,__________________$ Computer Charges ___.___.,,--__.__________,,,,----__$ Other Contractual Expense _..,,._....._.,,,,..........$ Capital Outlay--Hatchery
Renovation _______.,,______._____.____,__.___________________...$ Total Funds Budgeted ___.______________.__.__._______,,__$ State Funds Budgeted .,,,,.,,.._._......-....-..._._,,__..$ Total Positions Budgeted

8,500 45,000 2,000
3,125 31,200
94,000 2,212,025 1,732,025
108

6. Law Enforcement Budget:
Personal Services ,,_._._._.__..___,,__..,,-_._.___.-$ Regular Operating Expenses .........,,.....--.__-..$ Travel ......_..-....__.__...-.-.__.......,,--_..---.? Motor Vehicle Equipment Purchases --_--_.__$ Publications and Printing ......,,..,,,,......__.....,,_.$ Equipment Purchases ._._----..............____._.___$ Per Diem and Fees ..-......-.........._._..........._-_-..$ Computer Charges ...._.._.--...--_..._.___........__,,..$ Other Contractual Expense ........--_,,,,....--._..$ Total Funds Budgeted ___-_._.____..-$ State Funds Budgeted _____-..___._____..,,-_.$ Total Positions Budgeted

3,050,000 893,100 37,000 172,580 29,400 185,000 4,000 --0-- --0--
4,371,080 4,282,577
243

7. Project Evaluation Budget:
Personal Services ....._.-.....--......--..-,,.....--...$ Regular Operating Expenses .....,,._...--_...--._$ Travel ___,,..-.-...__....-_.,,,,-...-........._.-.......,,_...-_.$ Motor Vehicle Equipment Purchases _--..,,....$ Publications and Printing ....,,_....,,_........_,,_._._.$ Equipment Purchases ------,,___--.----._-------$ Per Diem and Fees ........------......____--.___....._...$ Computer Charges .......--..--.....,,_-___--_.-_.---_..$ Other Contractual Expense ---........_--....___.--...$ Total Funds Budgeted .,,.....-,,........._-.___-.----.$ State Funds Budgeted -........--_-._--..___.......$ Total Positions Budgeted

65,659 10,780 2,600 --0--
300 --0-- --0-- --0-- --0--
79,339 79,339
4

8. Coastal Marshlands Protection Budget:
Personal Services .................-....-.-..............--...I Regular Operating Expenses ......._--.------.._.$ Travel _.._...-......_.........._-......_..__,,,,,,-..._........,,$ Motor Vehicle Equipment Purchases __,,.--_..$ Publications and Printing ,,......___.......,,..,,.___..$ Equipment Purchases ....----.._______...-.-.,,....--...$ Per Diem and Fees ,,..._........,....--._,,.....__---...$ Computer Charges _------,,--_,,_--.----..------...$ Other Contractual Expense __________._.--___,,_--.$ Total Funds Budgeted ...................................I State Funds Budgeted ........__,,_._..___........___._.._$ Total Positions Budgeted

55,500 8,635 2,500 4,300 650 1,000
2,600
--0--
--0--
75,185
75,185
3

THURSDAY, MARCH 4, 1976

2575

9. State Parks and Historic Sites Operations Budget:
Personal Services ____.__-_____.._-___.__---.._..$ Regular Operating Expenses ..-.__________$ Travel _..__...........................................I Motor Vehicle Equipment Purchases -._._______.$ Publications and Printing _____-___.__-______...? Equipment Purchases _----___________-_______.$ Per Diem and Fees ._.___._.._._-__-____.__________.$ Computer Charges --------..,,__.___.._____-_________$ Other Contractual Expense _____-___.__,,._____$ Capital Outlay--Repairs
and Maintenance _____,,.._.--___._..--.____..$ Capital Outlay--Shop Stock ___,,_._.______$ Cost of Material for Resale _______--_,,-___.$ Authority Lease Rentals ..................................I Total Funds Budgeted ................_.............._..$ State Funds Budgeted ______.__________________.$ Total Positions Budgeted

3,976,000 2,283,200
72,500 45,000 45,300 150,000 30,000 --0-- 28,500
1,156,000 150,000 525,000
2,526,000 10,987,500 8,412,500
337

10. 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 ______________________________$ Other Contractual Expense _._.........--_._.._..$ Contract with U. S. Geological
Survey for Ground Water Resources Survey _______.___.________..____._,,___$ Topographic Mapping United States Geological Survey _____________,,..$ Total Funds Budgeted _.........._.__..________$ State Funds Budgeted ___._____._____._._.___.___.___._.___.$ Total Positions Budgeted

516,000 67,830 25,500 4,200 26,000 2,000 2,500 --0-- 5,000
125,000
545,000 1,319,030 1,049,030
33

11. Water Supply Budget:
Personal Services ______________.___________.._.________,,$ Regular Operating Expenses --__--_--....._..$ Travel __.,,...___.___.__..____.._.....___..._.___.___.__-__.:_______.$ Motor Vehicle Equipment Purchases _----_,,$ Publications and Printing _______________________$ Equipment Purchases _-___--_----__-___--_--_--_$ Per Diem and Fees ___-___-_________________.$ Computer Charges .__-__-_____.._._--_-..________$ Other Contractual Expense _-----__.--_--_--_$ Fluoridation Grants _--___----_-______.--_---___$ Total Funds Budgeted ____..________________$ State Funds Budgeted _____.-___.__.,,_.________.$ Total Positions Budgeted

507,000 40,630 23,500 --0--
6,000 4,650 --0-- 30,000 --0-- --0-- 611,780 611,780
34

2576

JOURNAL OF THE SENATE,

12. Water Quality Budget:
Personal Services .................................. .^, Regular Operating Expenses ...,,_.,,,,__.___.....,,$ Travel ..............................^ Motor Vehicle Equipment Purchases .__.___._._.$ Publications and Printing ................... ....^ Equipment Purchases ......................... ^ Per Diem and Fees ............................... .....^ Computer Charges ............__,,_......_._.....___.....___.$ Other Contractual Expense ..........................^ Water and Sewer Grants .....................$ Total Funds Budgeted ....................... ....^ State Funds Budgeted .............. ..^ Total Positions Budgeted

1,937,000 121,110 70,500
--0-- 25,000 15,000 3,800 75,000 350,000
1,073,000 3,670,410 2,440,410
118

13. Air Quality Budget:
Personal Services ,,_.....--_----.__......_.-..............$ Regular Operating Expenses -...-------------$ Travel ___................_...........-......._............____......_-.$ Motor Vehicle Equipment Purchases .....----.$ Publications and Printing -.-._____.._-_____.___________$ Equipment Purchases .............................. ^ Per Diem and Fees ......................$ Computer Charges ..............................$ Other Contractual Expense .,_._._.....................$ Total Funds Budgeted .....................................^ State Funds Budgeted ........................................I Total Positions Budgeted

1,175,000 92,730 53,500
--0-- 3,000 15,000 200 50,000 5,216
1,394,646 844,146 74

14. Solid Waste Management Budget:
Personal Services ....,,..,,............._....___.............,,$ Regular Operating Expenses ..........................I Travel ............................ ^ Motor Vehicle Equipment Purchases ___.,,_.___.$ Publications and Printing ______._______.___.__._......$ Equipment Purchases --------.,,.--.___-_.-._--..-.$ Per Diem and Fees _.............._..________.__..__.___._,,.$ Computer Charges ..................................^ Other Contractual Expense ___.,,..___....,,_......_.$ Solid Waste Grants ...........................................^ Total Funds Budgeted ........................^ State Funds Budgeted ...................................^ Total Positions Budgeted

615,000 23,125 32,000
--0-- 6,500 1,500 1,000
--0-- --0-- 2,000,000 2,679,125 2,679,125
35

15. Land Reclamation Budget:
Personal Services _._..........-..-......._.........._._.--...$ Regular Operating Expenses -_.___----__--.____-.$ Travel .....................................................^ Motor Vehicle Equipment Purchases _,,__--,,.$ Publications and Printing ...............................^ Equipment Purchases .............................. .....^ Per Diem and Fees .................................. ^

155,000
27,055 10,750
5,700 1,500 --0-- 2,000

THURSDAY, MARCH 4, 1976
Computer Charges ._,,___..,,_ Other Contractual Expense Total Funds Budgeted ........ State Funds Budgeted ........ Total Positions Budgeted
16. Heritage Trust Budget:
Capital Outlay ...._._._............. Total Funds Budgeted .....__. State Funds Budgeted ........ Total Positions Budgeted

2577
--0--
202,005 202,005
9
50,000 50,000 50,000
0

17. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations ................................ ....^
Payments to Lake Lanier Islands Development Authority for Capital Outlay ...._....__......_............_..._.__..........$
Total Funds Budgeted ______,,_..__..___._____._.___.__.._.$ State Funds Budgeted ....__..............___.___.__..._..$ Total Positions Budgeted

500,000
62,500 562,500 562,500
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 ................--.........................^ Other Contractual Expense ..............................I Land and Water Conservation Grants __.__.____$ Recreation Grants .__.....___..........._........._....._.......$ Fluoridation Grants ___.....___,,._._.___..___..___._._..._...$ Water and Sewer Grants .........__....._._....._._.__..$ Solid Waste Grants _......._._.........__..__..___..__.._..._.$ Contract with U. S. Geological
Survey for Ground Water Resources Survey ....................___..._.___......___..$ Contract with U. S. Geological Survey for Topographic Maps ....________________$ Payments to Lake Lanier Islands Development Authority for Operations .__.$ Capital Outlay--Hatchery Renovation .......................................^ Capital Outlay--Repairs and Maintenance ._.._..._..._.--..._...___.___._......._._.$ Capital Outlay--Shop Stock _____..______.________.___.$ Capital Outlay--Heritage Trust ___.._.,,........._$ Authority Lease Rentals .........___....................$

17,066,395 5,081,460 436,850 333,755 580,150 458,775 99,600 299,225 536,916 3,700,000 100,000 --0-- 1,073,000 2,000,000
125,000
545,000
500,000
94,000
1,156,000 150,000 50,000
2,526,000

2578

JOURNAL OF THE SENATE,

Payments to Lake Lanier Islands Development Authority for Capital Outlay ~_~_________-_____--_
Cost of Material for Resale ______ Maintenance for the South End
of Sapelo Island __.___--___________ Total Positions Budgeted
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 appro priation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Re sources.
Provided, that of the above appropriation to the State Parks and Historic Sites Budget, $60,000 is des ignated and committed for camping for the Mentally Retarded.
Provided, that of the above appropriation relative to Capital Outlay, $62,500 is designated and committed for matching1 Federal funds to provide $125,000 for a pavilion at the Sloppy Floyd Recreation Center.
Section 31. Department of Offender Rehabilitation.

62,500 525,000
75,000 1,275

A. Budget Unit: Department of Corrections ___.___,,_,,.$ 2,939,709

1. General Administration and Support Budget:
Personal Services ................................................I Regular Operating Expenses -______.--.___________.$ Travel -______.______._______.____________-__.._______,,._________.___.$ Motor Vehicle Equipment Purchases ___.____,,_.$ Publications and Printing __._.__,,___.____-__,,_.,,_._$ Equipment Purchases --._-__--___-_--__---_-_-_-___..$ Per Diem and Fees ___.______..__________..______.___________.$ Computer Charges __,,._..._._._._,,,,___.__._._,,..__..$ Other Contractual Expense ______._______.____,,___$ Mentally Retarded Offender Program _.____.$ Total Funds Budgeted ___.___.____._____._______________| State Funds Budgeted _________________________.,,____._.$ Total Positions Budgeted

1,995,000 389,328 56,000 20,000 23,700 3,350 20,000 143,935 60,000 1,000
2,712,313 2,712,313
149

THURSDAY, MARCH 4, 1976

2579

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 ____--..--..--_-____-_______.-..________$ Other Contractual Expense ......._,,,,___._,,_______,,$ Capital Outlay ............................. 4 Total Funds Budgeted ............................^ State Funds Budgeted .______.__...._.___.___________.___.$ Total Positions Budgeted

165,000 34,396 18,000
9,000 1,000 --0-- --0-- --0-- --0-- --0-- 227,396 227,396
11

Budget Unit Object Classes:
Personal Services -...____.-_.-.......-____________________..____$ Regular Operating Expenses .,,..._.--._________.__$ Travel ..................................................... ...^ Motor Vehicle Equipment Purchases --_____,,-$ Publications and Printing ................................I Equipment Purchases ................................. ^ Per Diem and Fees ........................................^ Computer Charges __.__....._.____...._______.__....___,,__.$ Other Contractual Expense ..............................^ Mentally Retarded Offender Program ____,,,,$ Capital Outlay ............................................ ^ Total Positions Budgeted

2,160,000 423,724 74,000 29,000 24,700 3,350 20,000 143,935 60,000 1,000 --0-- 160

Provided, that of the above appropriation for the Mentally Retarded Offender Program, the department be authorized to present to the Fiscal Affairs Com mittees any possible surplus to increase the program up to $150,000.

B. Budget Unit: Correctional Institutions ________....__$ 35,699,117

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 ..-........-...-.-.-...-.-...-...
Other Contractual Expense ..............
Total Funds Budgeted ....__.............._._._.
State Funds Budgeted _______--.___.._______--.
Total Positions Budgeted

730,896 220,162
2,200 --0--
125 13,150 22,000 --0--
--0--
988,533
978,678
66

2580

JOURNAL OF THE SENATE,

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 ...................................$

Other Contractual Expense ..............................^

Capital Outlay .............................. ....^

Total Funds Budgeted ..

---

$

State Funds Budgeted _..__....______.-.......--...........$

Total Positions Budgeted

2,461,890 1,090,092
6,422 --0--
700 48,432
6,420 --0-- --0-- --0-- 3,613,956 3,576,999
226

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 __.--.--.___.--..._.--....--.._,,,,--..$ Other Contractual Expense ---.--,,,,__----__.--.$ Capital Outlay ............................. ^ Authority Lease Rentals ...._..--_,,__----_------.$ Total Funds Budgeted .................... 4 State Funds Budgeted ................ ......^ Total Positions Budgeted

2,990,000 866,764 4,700 --0-- 1,000 39,230 45,941 --0-- --0-- --0-- --0--
3,947,635 3,901,645
281

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 ................

...^

Other Contractual Expense ....._..____,,..___..,,.___...$

Capital Outlay -__.......____...._.........__._-_..-....._._...,,$

Total Funds Budgeted ....________....................,,_$

State Funds Budgeted .,,..................._........,,___..$

Total Positions Budgeted

5,043,989 2,795,429
4,789 --0--
1,000 63,486 24,000 --0-- --0-- 37,000 7,970,093 7,822,001
454

5. Consolidated Branches Budget:
Personal Services .............................$ Regular Operating Expenses ....-..._.__..._--____..$ Travel ........___.___..__....___................_........_..______.....$ Motor Vehicle Equipment Purchases ,,_....__..$ Publications and Printing -_,,-.--_.,,..--.__._..._...$

3,719,985 1,342,388
17,973 --0--
2,400

THURSDAY, MARCH 4, 1976

2581

Equipment Purchases -- .----....___......_-------....$ Per Diem and Fees _....__--------..........------.--.if Computer Charges _,,--.--.___..____,,,,__.,--..._.......$ Other Contractual Expense ___.___..________.___.__.__.$ Payments to Central State
Hospital for Meals ....._..._....______...__-_.__.......____$ Total Funds Budgeted ...._______....._..__._________.___.$ State Funds Budgeted ---________........._......_....$ Total Positions Budgeted

64,193 77,840 --0-- --0--
259,318 5,484,097 5,031,730
343

6. Montgomery Correctional Institution Budget:
Personal Services _._......-______.............--_..___...$ Regular Operating Expenses ....... ___............._.$ Travel -- --_.,,.. ...____..$ Motor Vehicle Equipment Purchases --.....___.$ Publications and Printing ........___.........._.._...___.$ Equipment Purchases _____.___-_.___________.--____.-...__$ Per Diem and Fees .........-..........._._._._._.___.__...__.$ Computer Charges ___---.--..-...______________-._______.___.$ Other Contractual Expense ___._....._._.....-..._..._.$ Authority Lease Rentals ..-.--.---___._.-..__.....__..$ Capital Outlay ........_--........__.._,,.___............._._...$ Total Funds Budgeted ....................................I State Funds Budgeted _................_.___..........__..___.$ Total Positions Budgeted

682,000 268,465
2,700 --0--
400 19,088 7,200 --0-- --0-- --0-- --0-- 979,853 943,997
59

7. Walker Correctional Institution Budget:
Personal Services ....___.........___........____.___.......__..$ Regular Operating Expenses __.._._.....___..--......$ Travel ........._............_..._.___.........____....................___.$ Motor Vehicle Equipment Purchases . ----....$ Publications and Printing ......_._._.....__....._...___.$ Equipment Purchases ---....-.-.__-.._......--.--.--...$ Per Diem and Fees .--...--_......-........_.--.___.......$ Computer Charges ........._....--__._..........._._.__.._._.$ Other Contractual Expense _______________.----..--.._$ Authority Lease Rentals ----_.....___.-----._.-.-...$ Total Funds Budgeted _._..._.___..__...._._.........._...._..$ State Funds Budgeted __..._......__..___._..........._.....$ Total Positions Budgeted

646,045 268,236
2,600 --0--
400 14,057 6,600 --0----0-- --0-- 937,938 928,083
61

8. Georgia Women's Correctional Institution Budget:
Personal Services .._.........-_...._._.............-.....__..$ Regular Operating Expenses .............._....._...$ Travel ........... ......._......._..__........._.......$ Motor Vehicle Equipment Purchases .--......_.$ Publications and Printing ...................-_._.........$ Equipment Purchases _.__.__.__......__..___........._._.___.$ Per Diem and Fees _.......................__..___........._._.$ Computer Charges -._.---,,-.------..._..-.--,,------$ Other Contractual Expense _...................._..._....$

1,022,983 268,080 2,200 --0-- 400 2,200 --0-- --0-- --0--

2582

JOURNAL OF THE SENATE,

Total Funds Budgeted .........................$ State Funds Budgeted .......................................^ Total Positions Budgeted

1,295,863 1,278,617
99

9. West Georgia Community Correctional Institution Budget:
Personal Services ,,_.,,._-....._........-.._--..........,,..$ Regular Operating Expenses .......--...........--^ Travel ______ ... _._..__,.__.______.$ Motor Vehicle Equipment Purchases _......_,,.$ Publications and Printing ___._____-_.-__._..._--_______._.$ Equipment Purchases ...............................^ Per Diem and Fees _._........,,.__.-.__,,.._--_.,,...,,$ Computer Charges ........................................^ Other Contractual Expense ,,______._____-__.,,_____,,$ Total Funds Budgeted __,,____._______._______.___$ State Funds Budgeted ...................... ....^ Total Positions Budgeted

1,236,899 404,964 3,200 --0-- 500 5,000 10,000 --0-- --0--
1,660,563 1,648,244
143

10. Youthful Offender Institution Budget:
Personal Services ................................ .......^ Regular Operating Expenses ------.--_--__----$ Travel ..........................................................^ Motor Vehicle Equipment Purchases ,,_._...._$ Publications and Printing ,,.....__.._.._..,,,,....--.$ Equipment Purchases --..--.--..---------..------$ Per Diem and Fees ........................ ...^, Computer Charges ,,________._______-_______.________-$ Other Contractual Expense .............................^ Payments to Central State
Hospital for Meals ................................... ^ Payments to Central State
Hospital for Utilities ..............................$ Total Funds Budgeted __-_ -- _._-.-_$ State Funds Budgeted ...................... ^ Total Positions Budgeted

2,030,083 400,405 4,000 --0--- 800 5,000 10,000 --0-- --0--
972,196
86,000 3,508,484 3,473,171
213

11. Talmadge Memorial Hospital Unit Budget:
Personal Services ...,,,,..,,._........,,_.,,,,..,,.__.......$ Regular Operating Expenses ..._-------..----.$ Travel ......................... ^ Motor Vehicle Equipment Purchases _...__,,..$ Publications and Printing ...............................^ Equipment Purchases .................................^ Per Diem and Fees ,,____,,.___.____.___,,_,,.._._.__..______.___.$ Computer Charges ...........................................$ Other Contractual Expense ............................J^ Total Funds Budgeted .........................^ State Funds Budgeted ................... ........^ Total Positions Budgeted

185,024 8,165 1,500
--0-- --0-- --0-- --0-- --0-- --0-- 194,689 194,689
20

THURSDAY, MARCH 4, 1976
12. Food Processing and Distribution Unit Budget:
Personal Services ...._..--.....................,,.....,,_._$ Regular Operating Expenses ----.------..---.$ Travel ____._____..-_-.,,_.__-_---_._-__.---,,__-___._.$ Motor Vehicle Equipment Purchases ---.--...$ Publications and Printing ._._,,,,__..._,,_..._.._._,,.$ Equipment Purchases ...----------_--_---.,,.--._.$ Per Diem and Fees _______.___.___,,__.__..__,,_,,__________$ Computer Charges ........--.,,_.----..--._,,.--._......$ Other Contractual Expense _._..__________,,__.________$ Payments to Central State
Hospital for Utilities ___._...___.._.....___._..._..._...$ Total Funds Budgeted ---,,_.-.,, ._..,,-_.$ State Funds Budgeted ...._..................._..._._.___.$ Total Positions Budgeted

2583
120,774 91,846
2,000 68,000 --0-- 185,675 --0-- --0-- --0--
6,000 474,295 474,295
12

13. Institutional Support Budget:
Personal Services ,,_.,,_.______.__,,____.___..___._..._______$ Personal Services--Overtime .__.__.______--___-$ Regular Operating Expenses .._____________----___.$ Travel __..___.___.__._-_--$ Motor Vehicle Equipment Purchases ........___.$ Publications and Printing ___.________,,__.--_.--___$ Equipment Purchases .--........----..-_.___-..--..._.$ Per Diem and Fees ,,.--.,,.--._._------.-_..-- $ Computer Charges --,,---_,,._--,,--__..__,,__--_--_._$ Other Contractual Expense -,,_,,__--.___----__--$ Authority Lease Rentals ......,,..__.._.._.._.....___._.$ Court Costs _...---------,,------,,$ County Subsidy ,,..__.,,.,,-_...._,,_...,,.--.-$ Inmate Release Fund _______.___,,_______________._._____.$ Outside Health Service Purchases ___.__..__.___$ Total Funds Budgeted ...._._......_-._-.....___.........$ State Funds Budgeted _..........._......_..............._._.$ Total Positions Budgeted

180,386 30,000 418,528 12,804 379,750
500 61,900 --0-- --0-- --0-- 840,000 200,000 2,793,000 430,000 260,100 5,606,968 5,446,968
10

Budget Unit Object Classes:
Personal Services ..............................................I Regular Operating Expenses --..__..,,.--.----..$ Travel ....................................................................I Motor Vehicle Equipment Purchases .._-..__.$ Publications and Printing ..............................I Equipment Purchases --.....--.--._,,.---....--.--.--.$ Per Diem and Fees __......__..-_..._........._..._......___.$ Computer Charges ....._-.,,----......--........,,--,,______$
Other Contractual Expense ............___.--.--.__. $ Authority Lease Rentals ........-....._._.......__......$ Capital Outlay ............_..-...._...,,...___...,,...._-_....-.$ Court Costs .............................................I Inmate Release Fund ...............................I County Subsidy ............_...._..._......__..__.._.,,....___...$

21,080,954 8,443,524
67,088 447,750
8,225 521,411 210,401
--0--
--0--
840,000
37,000
200,000
430,000
2,793,000

2584

JOURNAL OF THE SENATE,

Payments to Central State Hospital for Meals ............................ ...^
Payments to Central State Hospital for Utilities ----------------_,,$
Outside Health Service Purchases ---- ---- $ Total Positions Budgeted

1,231,514
92,000 260,100
1,987

Provided, that of the above appropriation relating to Capital Outlay, $37,000 is designated and committed to complete the second phase of an irrigation system at Georgia State Prison.

Provided, that of the above appropriation relating to Regular Operating Expenses, $100,000 is designated and committed for repairs and maintenance on the Stateowned staff housing units located at the various correc tional institutions.

C. Budget Unit: Department of Offender Rehabilitation-------------------------^ 7,152,302

1. Probation and Parole Field Supervision Budget:
Personal Services _--.------------------------$ Regular Operating Expenses --------.----.$ Travel ,,----------------------.----------$ Motor Vehicle Equipment Purchases ----...$ Publications and Printing ------------------_$ Equipment Purchases, ............................ ^ Per Diem and Fees ------------------------$ Computer Charges ............................ ..........^ Other Contractual Expense ----_------------$ Total Funds Budgeted ..........................^ State Funds Budgeted ........................^ Total Positions Budgeted

273,000 20,000
6,934 --0--
500 300 --0-- --0-- --0-- 3'00,734 300,734
15

2. Probation/Parole Field Operations Budget:
Personal Services --------------------------$ Regular Operating Expenses ,,.------------,,.$ Travel ..................... ^ Motor Vehicle Equipment Purchases --...--$ Publications and Printing --------------------_$ Equipment Purchases ------------------------$ Per Diem and Fees ----------.--------------$ Computer Charges ----------------__------.$ Other Contractual Expense --_------------$ Total Funds Budgeted ....................................J$ State Funds Budgeted ....................^ Total Positions Budgeted

4,070,671 331,206 201,625 18,259 2,500 15,705 7,626 --0-- --0--
4,647,592 4,647,592
384

THURSDAY, MARCH 4, 1976

3. Community Centers Administration Budget:

Personal Services ............................_._.._..___._-____..$

Regular Operating Expenses ..-.....-...--,,...........$

Travel ,,,,,,.,,.-

^^._.... ._.....,,..._,,$

Motor Vehicle Equipment Purchases _.._.___..$

Publications and Printing ___._______._____________________.$

Equipment Purchases _----.--..-.-.....______............$

Per Diem and Fees ....._,,. ... _._.,,,,.$

Computer Charges -________.,,.____________-____.____________..$

Other Contractual Expense ___.___,,__....._......,,._.__..$

Total Funds Budgeted ........... .... _.......$

State Funds Budgeted .._.._..__-....-........_.__..........$

Total Positions Budgeted

4. Work Release Centers Budget:
Personal Services ______..____._....-__________.___._,,.________,,-? Regular Operating Expenses ................_._.__......$ Travel __..__.....--------... ....__....$ Motor Vehicle Equipment Purchases ........,,.$ Publications and Printing ..._......,,........_._.._.._._...$ Equipment Purchases -----...-.-...._......-$ Per Diem and Fees ____._.__..._.._.____,,.,,_._____________,,.$ Computer Charges ---__,,__-,,________.___.___._____,,.___...$ Other Contractual Expense __.....,,._.,,........._...,,_$ Total Funds Budgeted .__-___.___._______..__._______.______..$ State Funds Budgeted ..,,,,_.......$ Total Positions Budgeted

5. Transitional Centers Budget:
Personal Services ..............................................I Regular Operating Expenses .__......--__......,,..--.$ Travel _._._..._...___.___._._......__.....-__,,._.___..._.___.___..._.__..$ Motor Vehicle Equipment Purchases ___.........$ Publications and Printing ....._......,,_........,,,,.,,..,,$ Equipment Purchases --..._.--.....___...................,,..$ Per Diem and Fees _._.___.___.____-____._.___._______.___.__..$ Computer Charges ........_,,....................,,,,...........$ Other Contractual Expense --...,,__..__.,,_..--_.,,$ Total Funds Budgeted ....................__..........._..,,$ State Funds Budgeted .^.__.__^...__^_____^._-._^$ Total Positions Budgeted

6. Women's Pre-Release Center Budget:
Personal Services ............................................I Regular Operating Expenses ...._..._...__..__......_...$ Travel .-.............-......-................._._._......_..____._..__-$ Motor Vehicle Equipment Purchases ._...,,.._.$ Publications and Printing _._.__......__..,,,,___.._......$ Equipment Purchases ..,,.--...-_-_.._.....______..,,_...-$ Per Diem and Fees ......___-___._.__.--_....._-.........-_..$ Computer Charges -.......--.........._.._._.__..__......__-$ Other Contractual Expense _-._..........._._.__..___...$

2585
165,000 27,000
6,000 --0--
200 --0-- --0-- --0-- --0-- 198,200 198,200
10
303,000 246,000
2,500 --0--
400 5,000 13,000 --0-- --0-- 569,900 568,925
29
259,196 165,510
2,100 --0--
170 1,500 5,000 --0-- --0-- 433,476 404,451
26
202,000 190,000
2,500 --0--
300 5,000 11,000 --0-- 3,600

2586

JOURNAL OF THE SENATE,

Total Funds Budgeted .................... ..^ State Funds Budgeted .._.___.,,_-...___.____............_$ Total Positions Budgeted

414,400 414,400
21

7. Andromeda Center Budget:
Personal Services -,,-,,-----,,-$ Regular Operating Expenses .....-..-._.__-_-.._.-_..$ Travel ._........................._.._,,.._--...,,.._._....,,_,,._.$ Motor Vehicle Equipment Purchases --._._..,,.$ Publications and Printing .....:.................... ^ Equipment Purchases ----___--____.__-- ----___--.$ Per Diem and Fees ........._..,,.--............. $ Computer Charges .................... .....................^ Other Contractual Expense ____-____.--,,---------.$ Total Funds Budgeted ............................... ^ State Funds Budgeted .....................-...$ Total Positions Budgeted

181,377 153,003
5,000 16,500 --0--
6,400 16,200 --0-- --0-- 378,480 118,000
17

8. Restitution Shelters Budget:

Personal Services ....................................... .^

Regular Operating Expenses ----.--------------$

Travel

.,,____._.,,._________._.,,,,,,______..$

Motor Vehicle Equipment Purchases .___----_--$

Publications and Printing ....................... ....J^

Equipment Purchases .............................$

Per Diem and Fees __-,,-_-..-...-......._..___._,,.......$

Computer Charges ................................ ^

Other Contractual Expense ___.__________.,,________._..$

Total Funds Budgeted ___.,,_..._.____,,,,,,___.___$

State Funds Budgeted --____.,,____......__.....-,,_.___.$

Total Positions Budgeted

371,000 145,490
4,600 4,000 1,000 --0-- 11,200 --0--
300 537,590 500,000
34

Budget Unit Object Classes:
Personal Services ...................................$ Regular Operating Expenses ,,--._......,,..._._.__-$ Travel ...........................$ Motor Vehicle Equipment Purchases --_--,,._--$ Publications and Printing ................................I Equipment Purchases ............._..___-..............-____$ Per Diem and Fees ..._.__.___.___... ..........................I Computer Charges --.....----,,--_____..--.--.-----$ Other Contractual Expense ______,,....,,...__-___-___-$ Total Positions Budgeted

5,825,244 1,278,209
231,259 38,759 5,070 33,905 64,026 --0--
3,900
536

D. Budget Unit: Board of Pardons and Paroles .______._____--_------_--------$ 1,675,094

Board of Pardons and Paroles Budget:
Personal Services _._,,_--____._.____-.____.__._-- ..........$ Regular Operating Expenses .-_.._---.-.--.--_--$ Travel ...... .^ .................... .--....J$ Motor Vehicle Equipment Purchases .....--.----$

1,471,000 110,294 78,000 --0--

THURSDAY, MARCH 4, 1976

2587

Publications and Printing _,,.....___.___...__..._....--$ Equipment Purchases _,,------_------------_.--$ Per Diem and Pees ----_.--_.___-_______.__--------_.$ Computer Charges ------------------_----------$ Other Contractual Expense -- ------.--_...$ Total Funds Budgeted ------___--_____--------$ State Funds Budgeted _-.__,,._----------_,,_....----.$ Total Positions Budgeted

3,200 1,400 11,200 --0-- --0-- 1,675,094 1,675,094
122

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 ---------.----.._--_,,_,,------$ Other Contractual Expense _--------___..___------$ Total Positions Budgeted

1,471,000 110,294 78,000 --0-- 3,200 1,400 11,200 --0-- --0-- 122

Section 32. Department of Public Safety. Budget Unit: Department of Public Safety _._.$ 23,727,346

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 _----_______________----------_----$

Other Contractual Expense ----------------__ $

Total Funds Budgeted ---------- _

$

State Funds Budgeted

_--------.------ $

Total Positions Budgeted

257,112 30,300 15,000 --0--
7,000 2,000 9,200 1,000 --0-- 321,612 --0--
16

2. Commissioner's Office Budget:
Personal Services .--...............----.........-.-....I Regular Operating Expenses _-_.--_._--__------$ Travel .._._________,,.............._._._________....._....._..........$ Motor Vehicle Equipment Purchases ,,------ $ Publications and Printing _____......................--..$ Equipment Purchases _--___--.----------_------$ Per Diem and Fees ----------------------__------$ Computer Charges ----------------------------$ Other Contractual Expense ...........-.,,.--_------$ Total Funds Budgeted -,,--------._,,--.----$ State Funds Budgeted ___._._.__.,,___-,,_____.___,,$
Total Positions Budgeted

385,000 46,259
4,500 --0--
25,000 3,680
750
--0--
--0--
465,189
465,189
22

2588

JOURNAL OF THE SENATE,

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 _____________________,,_________.___._________$ Other Contractual Expense __,,_------------.......if Total Funds Budgeted ..___________-__.__..._.....____..___.$ State Funds Budgeted ______,,__.___,,.__.,,_______________._.$ Total Positions Budgeted

742,000 1,070,548
2,500 --0--
52,400 1,000 3,250
40,000 --0-- 1,911,698 1,911,698
63

4. Georgia State Patrol Budget:

Personal Services ___.__...._._______..._.......________._......$

Regular Operating Expenses _-_______.________________$

Travel ----__.-.._$

Motor Vehicle Equipment Purchases _.__.._______.$

Publications and Printing ......_,,__.__.____.,,..........$

Equipment Purchases

.______$

Per Diem and Fees ........._..____._____..................__.$

Computer Charges _______.__......._,,-_.________________._.$

Other Contractual Expense __.__--...__--,,._.___.___.$

Capital Outlay ______-.-...........-.....-._______.______.___.....$

Conviction Reports _______.____......_........______.____.___.$

Total Funds Budgeted -.._-__._____-_.__-...._.............$

Indirect DOAS Services Funding _____________._____.$

State Funds Budgeted _______.__......___..............._.....$

Total Positions Budgeted

15,910,000 2,095,052 161,178 798,713 760,103 120,000 16,842 1,437,560 --0-- 11,735 164,000
21,475,183 600,000
20,740,674 1,162

5. Mandate Training--Operations Budget:

Personal Services ._____________.,,____,,_____________.________.__$

Regular Operating Expenses __,,...__.__._______.___.$

Travel

.__.____.-_.$

Motor Vehicle Equipment Purchases _____..._._.$

Publications and Printing .__..._........._..._......._...$

Equipment Purchases ----.,,_,,.___----------------$

Per Diem and Fees ___.___.__..__.._._......,,..__..-_....-....$

Computer Charges --.--.-_-,,__._---,,------_--,,_.$

Other Contractual Expense .........___.___________..___.$

Total Funds Budgeted ______________,,_______._______.___.__$

State Funds Budgeted ,,.-..,,....._.____.__.________-...._._.$

Total Positions Budgeted

6. Police Academy:
Personal Services ....____-__-___.____..._.....__-__.___._______.$ Regular Operating Expenses ................-.__---....$ Travel .__.___.........._______...,,,,................._-__._________.$ Motor Vehicle Equipment Purchases ....._.._.___.$ Publications and Printing .......________.,,_.,,____,,....$ Equipment Purchases -______.___.__.--..-_--._-__--_.____$ Per Diem and Fees ___..,,...__...,,...___.._.....,,._.........$

265,754 354,139
13,672 --0--
5,993 46,651
3,848 --0-- --0-- 690,057 223,390
17
290,000 99,923
9,952 16,200 6,980 17,790 30,050

THURSDAY, MARCH 4, 1976

2589

Computer Charges --.------------.--_---..--_-----$ Other Contractual Expense _-.--_____-.--.-____-----.$ Capital Outlay ....___........-._____,,.-__.__..,,.._____......___.$ Total Funds Budgeted ___....__.-...___.___......,,__.....$ State Funds Budgeted .._____.,,.___......__.___..._._.____.$ Total Positions Budgeted

470,895 386,395
17

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 ,,_.,,------,,---,,.._..------_--.--$ Other Contractual Expense ---_________--_,,. .._..._._.$ Capital Outlay ._..__._......_.__.__....____............_______--..$ Conviction Reports ___----___----_--__,,--_----..--_ $ Total Positions Budgeted

17,849,866 3,696,221
206,802 814,913 857,476 191,121
63,940 1,478,560
--0--
11,735 164,000
1,297

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 for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.

Provided, however, that of the above appropriation $11,735 is designated and committed to renovate and equip the Rome State Patrol Post.

Provided, however, of the above appropriation $4,568 is designated and committed for compensation payments to Brooks County.

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System ..__..--______..--__.__.----.

..$ 8,557,180

Departmental Operations Budget:
Payment to Employees' Retirement System Employer Contributions ....._.,,__......____..._..___... Total Funds Budgeted ____________________________________ State Funds Budgeted --,,.....----....,,--...._--.

279,000 8,278,180 8,557,180 8,557,180

2590

JOURNAL OF THE SENATE,

Budget Unit Object Classes:
Payment to Employees' Retirement System .....................................I
Employer Contributions ._...............______..___........$

279,000 8,278,180

Section 34. Public Service Commission. Budget Unit: Public Service Commission ...,,__$ 2,217,697

1. Administration Budget:
Personal Services ....-_____.,,.-...........,,__-_-........_,,__$ Regular Operating Expenses ______.,,........________..$ Travel ._._______ .__-__-________,,.-_-_-___._____-__________.,,$ Motor Vehicle Equipment Purchases --_...__.__-$ Publications and Printing .-____________------______.$ Equipment Purchases --...______--_..__-------___..-$ Per Diem and Fees _______._._____________.______________.____$ Computer Charges --_-_______.--,,_,,_______------______$ Other Contractual Expense ______.____._._.....____.____.$ Total Funds Budgeted ___________,,______-___-_._______.__$ State Funds Budgeted _______._-_.__.____._____._______._-_.$ Total Positions Budgeted

522,000 31,855
6,500 --0--
1,250 1,000 4,000 --0-- 100,000 666,605 666,605
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 --__-_____._-_-__-_____-____-___-_-___.$ Other Contractual Expense _._____.__________.______.$ Total Funds Budgeted ._..._.....______.......--______...$ State Funds Budgeted .__.,,.......____.._.....,,._.____-.$ Total Positions Budgeted

530,500 91,986 28,000 --0-- 7,000
1,000 1,500 --0-- --0-- 659,986 659,986
42

3. Utilities Budget:
Personal Services -..__.___..........__.___......,,.-__.__.__..$ Regular Operating Expenses -----._--,,---..--.-$ Travel ..................................................................I Motor Vehicle Equipment Purchases --_.____,,$ Publications and Printing _.......__._._........_._...$ Equipment Purchases --_._------.._._------_._--__-$ Per Diem and Fees ............................................I Computer Charges ---___.__..---,,.__......--..__.__..._$ Other Contractual Expense --.,,____,,------___-$ Total Funds Budgeted .....-.____.-.-...-_.___.........$ State Funds Budgeted _____..-.....___..,,.-.,,..-..__...$ Total Positions Budgeted

765,200 69,106 60,000 --0-- 4,300 2,500 55,000 --0-- --0-- 956,106 891,106
55

THURSDAY, MARCH 4, 1976

2591

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 ._--_--__--------_.,,.._____.___..__.$ Other Contractual Expense __.-..-.._.__......,,..,,..$ Total Positions Budgeted

1,817,700 192,947 94,500 --0-- 12,550 4,500 60,500 --0-- 100,000 124

Section 35. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions _____............$ 273,122,297

1. Resident Instruction Budget:

Personal Services . ,,.........,,.__.__._._..............._.___.$ 249,797,137

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Pub

lications and Printing,

Per Diem and Fees, Equip

ment Purchases, Computer

Charges, and Other

Contractual Expense .__.__-___........-_______.._......$ 75,893,255

Teachers' Retirement ......................................I 19,709,257

Capital Outlay ._..,,............_,,__..........._____..__......._$ --0--

Authority Lease Rentals .--.__.__-.-..........-__.___.$ 22,596,000

Total Funds Budgeted .____...,,........________.._.........$ 367,995,649

Indirect DOAS Services Funding ..,,._____...__.. $ 3,500,000

State Funds Budgeted ___-....-__.___.__..__............$ 238,587,649

Total Positions Budgeted

15,761

Provided, that from appropriated funds in A, the amount of $22,596,000 in F.Y. 1977 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. ,

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the Univer sity 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

2592

JOURNAL OF THE SENATE,

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 ap plicable to such salary to the Teachers' Retirement Sys tem.

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 Gov ernment, 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, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.

Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $8,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcom mittees of the House and Senate; 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 in come.

Provided, that $250,000 of the funds herein appro priated are designated and committed for converting Kennesaw Junior College to a four-year institution.

2. Marine Resources Extension Center Budget:
Personal Services _......-.......__.._._.__-.-..._-_...__-,,.$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ._......__..__________.____._-___.$

268,788 119,302

THURSDAY, MARCH 4, 1976
Total Funds Budgeted _,,_,,_.____,,__.$ State Funds Budgeted --__.-__.__.-_____.____._.____.$ Total Positions Budgeted

2593
388,090 388,090
25

3. Skidaway Institute of Oceanography Budget:
Personal Services .,,....___-...__.....__....____..._.._...,,_.$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ----__.-----___----_____,,__.$
Total Funds Budgeted .-____.__-_._._______________.__,,$
State Funds Budgeted ....................................I
Total Positions Budgeted

806,235
758,546 1,564,781
573,781 36

4. Engineering Experiment Station Budget:
Personal Services -..._____...___..._.._..._.._.......___.....$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ,,_______.______.._...__._._.._.____$
Total Funds Budgeted ._-._-...__-.._.__....____....__.__..$
State Funds Budgeted .__....._-_...-.__......____-...___.?
Total Positions Budgeted

6,899,140
2,152,000 9,051,140 2,318,441
201

5. Engineering Extension Division Budget:
Personal Services ___,,____,_--____,,__________________._____.$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ____,,________.______,,____________$
Total Funds Budgeted __.,,...__.._._.....__...,,._....... $
State Funds Budgeted .-_..,,.-_-....._...._,,...,,_.....$
Total Positions Budgeted

781,000
355,262 1,136,262
424,807 66

2594

JOURNAL OF THE SENATE,

6. Agricultural Experiment Stations Budget:

Personal Services .................................^

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Pub

lications and Printing,

Per Diem and Fees, Equip

ment Purchases, Computer

Charges, and Other

Contractual Expense ...........

^

Total Funds Budgeted _._._..._.._...,,._.,,$

State Funds Budgeted ............... ..............^.

Total Positions Budgeted

10,469,976
5,061,338 15,531,314 9,939,593
833

7. Cooperative Extension Service Budget:

Personal Services

..........

^

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Pub

lications and Printing,

Per Diem and Fees, Equip

ment Purchases, Computer

Charges, and Other

Contractual Expense .................... ^

Total Funds Budgeted ......__.-,,..________............__.$

State Funds Budgeted _____-_____.__._________...____-___$

Total Positions Budgeted

14,974,624
2,098,012 17,072,636 8,916,636
936

8. Talmadge Memorial Hospital Budget:
Personal Services _.,,_____...___.._,,,,__,,,,,,._,,...$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ,,_.............,,....,,_____.___._ $ Total Funds Budgeted ._..,,_.,,_.._______.__..__..._____.$ State Funds Budgeted --...-.............___..__.___.$ Total Positions Budgeted

19,413,638
7,672,156 27,085,794 11,723,300
1,873

9. Veterinary Medicine Experiment Station Budget:
Personal Services __._,,,, _,,_.____,,,,$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ____._-.........,,..__----....--$

167,500 82,500

THURSDAY, MARCH 4, 1976

2595

Total Funds Budgeted ,, State Funds Budgeted _ Total Positions Budgeted

250,000 250,000
15

Budget Unit Object Classes:

Personal Services ._,,,,......__.....,,......__..__.,,..........$ 303,578,038

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Pub

lications and Printing,

Per Diem and Fees, Equip

ment Purchases, Computer

Charges, and Other

Contractual Expense ......._-__....__.........__.____..$ 94,192,371

Teachers' Retirement -_______.--_--_,,.,,_,,_.______---$ 19,709,257

Capital Outlay __...______,,________-_--_______________._______...$ --0--

Authority Lease Rentals __._____-,,.___.__________,,_.$ 22,596,000

Total Positions Budgeted

19,746

B. Budget Unit: Regents Central Office .........___$ 8,727,885

Regents Central Office Budget:
Personal Services ----__--.--_.,, Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense .__....,, SREB Payments _._,,--,,Medical Scholarships _,,......._,, Regents Scholarships ,,....--__.. Grants to Junior Colleges ... Total Funds Budgeted .__._,,. State Funds Budgeted ....--_. Total Positions Budgeted

..$ 1,727,389
395,846 1,019,650
345,000 200,000 5,040,000 8,727,885 8,727,885
98

Budget Unit Object Classes:
Personal Services -_____--____,,__--_______---- $ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expenses ,,,,_,,,,--.--__._....--....--$ SREB Payments ____----__-___..--_-,,____----__..._---.$ Medical Scholarships --..._.._.___------_.--.--_.--_._.$ Regents Scholarships --,,----__--__--_----_---- $ Grants to Junior Colleges ________..-_,,___----_.__,,-.$ Total Positions Budgeted

1,727,389
395,846 1,019,650
345,000 200,000 5,040,000

2596

JOURNAL OF THE SENATE,

Section 36. Department of Revenue.

Budget Unit: Department of Revenue ____________$ 18,373,900

1. Executive Administration Budget:

Personal Services ____.__..,,.....____.._..._......_.._________.$

County Tax Officials/Retirement

and FICA .._.__.. _

$

Regular Operating Expenses ....--...__.._-..__._._.$

Travel ___._._._._.... $

Motor Vehicle Equipment Purchases ___.___.__..$

Publications and Printing ................___..__.........$

Equipment Purchases ___.._....,,_______________.__..__.___.$

Per Diem and Fees ...___________._._..___.............____.__.$

Computer Charges ___..__.__..__...,,.___.___._______.___._._.$

Other Contractual Expense _.__--_......-.......__.-_..$

Total Funds Budgeted ___..__.,,,,.._.___________.___..._.$

Indirect DO AS Services Funding ___.__.__...__.__ $

State Funds Budgeted ....................................I

Total Positions Budgeted

621,000
450,000 350,400
7,400 --0-- 111,200
5,000 18,000 35,000 --0-- 1,598,000 25,000 1,573,000
40

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 ,,...__.--..._......._.....................$

Other Contractual Expense ___.___._______.___..__.___.$

Total Funds Budgeted .................................._.$

Indirect DO AS Services Funding ___.___..._____.$

State Funds Budgeted ............................_...._.$

Total Positions Budgeted

2,390,000 686,000 1,000 --0-- 2,300 --0-- --0-- 55,700 --0--
3,135,000 45,000
3,090,000 254

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 ._...__..........._..__..__..................$ Other Contractual Expense ._...__.___.___....._........ $ Loans to Counties/Property Reevaluation ___ $ Grants to Counties/Appraisal
Staff ,,...__.__._.____._.._..._.........................____.___.___.$ Intangible Tax Equalization Fund ___.___.___.___.$ Total Funds Budgeted .....___.._.___.___._________..__.....$

744,000 29,931 44,500
--0-- 77,400 2,573 46,000 800,000
--0-- 171,596
1,250,000 --0--
3,166,000

THURSDAY, MARCH 4, 1976

2597

Repayment of Loans to Counties/Property Revaluation ...,,___..,,__._....___..__.__....___.....,,__.$
Indirect DOAS Services Funding ,,......__....._.$ State Funds Budgeted --..._.--.__....-.___.......__-.-.$ Total Positions Budgeted

171,596 800,000 2,194,404
58

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 $171,596 in F.Y. 1977. Such amount shall be available for further tax evalua tion loans to counties.

Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangi ble 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.

4. Sales Taxation Budget:
Personal Services ____._,,__________.______,,._,,______._______$ Regular Operating Expenses ...______,,__________--.$ Travel .............. ..^..^ ...... ^ Motor Vehicle Equipment Purchases ._____________$ Publications and Printing .................... ^ Equipment Purchases .....__.___.....____.....,,._____.,,._..$ Per Diem and Fees ...._---...,,.--...... _ ____________ $ Computer Charges __..,,_.___--.-_____.....,,-_.__.....--_-$ Other Contractual Expense -.....__.___.........___--..$ Total Funds Budgeted _._......._-_.....-._.__---...._.___.$ Indirect DOAS Services Funding -------_---$ State Funds Budgeted ......____.__....____.___........_.___.$ Total Positions Budgeted

766,165 75,980
2,320 --O1--
55,200 3,500
--0-- 415,000 --0-- 1,318,165 415,000 903,165
73

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 _....._.___._....__.___......____._..,,.....$

Other Contractual Expense _......___.--.,,_-___...$

Total Funds Budgeted .. ..._____.___._____.___-_._._._____.$

Indirect DOAS Services Funding .._..__..___...,,._.$

State Funds Budgeted ...............$

Total Positions Budgeted

6. Income Taxation Budget: Personal Services __...........___.___......,,.___........__-__..$

382,000 9,250 1,750
--O1-- 45,000
--0-- --0-- 101,000 --0-- 539,000 101,000 438,000
35
1,334,000

2598

JOURNAL OF THE SENATE,

Regular Operating Expenses ................ ^ Travel .................................................$ Motor Vehicle Equipment Purchases ..............$ Publications and Printing .................. .4 Equipment Purchases ..,,____._,,..,,____.,,,,,,.___________.$ Per Diem and Fees ..........................$ Computer Charges ............__-........-....._..___._.....$ Other Contractual Expense ._..,,_--__--,,____.--_.$ Total Funds Budgeted .......................... ^ Indirect DO AS Services Funding .___-........._._.$ State Funds Budgeted ._..,,____._..___.......,,__._.......$ Total Positions Budgeted

174,150 2,400
--0-- 237,450 --0-- --0-- 1,500,000 --0-- 3,248,000 1,500,000 1,748,000
115

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 ._,,_._._,,--._.,,.,,.._....._ $ Other Contractual Expense ..............................% Total Funds Budgeted ......................... ..^ Indirect DOAS Services Funding ....................$ State Funds Budgeted ___________._.___._______,,________ $ Total Positions Budgeted

1,625,000 189,537 30,953 82,800 11,000 2,710 5,000 48,000 --0--
1,995,000 25,000
1,965,500
114

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 ___._._,,_..._,,_,,..,,_.,,.--,, $ Other Contractual Expense ...........................^ Total Funds Budgeted ................................... ^ Indirect DOAS Services Funding _.,,__,,____.__.$ State Funds Budgeted .................... J^ Total Positions Budgeted

132,000 272,756
4,000 --0-- 286,244
23,000 --0-- 1,594,000 --0-- 2,312,000 1,590,000 722,000
8

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 .......................,,......,,.$ Other Contractual Expense ............................$

1,292,000 21,958 257,177 4,200 1,200
--0-- --0--
1,500 -- 0--

THURSDAY, MARCH 4, 1976

2599

Total Funds Budgeted ___..____________,,_______________$ State Funds Budgeted __..__.-_..______-_____,,_.._______.$ Total Positions Budgeted

1,578,035 1,578,035
78

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 ,,.,,--,,_ _-_.___ -_.__._.,,$ Other Contractual Expense -...._,,-_.......-_____.-$ Total Funds Budgeted ,,_....-_...____.,,__._.._._.$ State Funds Budgeted ___.....-_,,...-_.._.___.......-._.$ Total Positions Budgeted

3,067,796 195,350 196,000 --0-- 9,400 10,450 3,000 6,800 --0--
3,488,796 3,488,796
245

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases ._.._____..,,..___.....$ Motor Vehicle Decal Purchases __.......__.....___.$ Total Funds Budgeted ____.___-_____.____._______.___.___$ State Funds Budgeted -_,,..--__.-...__.......,,___....._.$ Total Positions Budgeted

390,000 283,000 673,000 673,000
0

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $390,000 is des ignated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 600,000 regular or bicentennial 1976 motor vehicle tags, and for this purpose only.

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.

Budget Unit Object Classes:
Personal Services ______.._,,_____--__--__--___ County Tax Officials/Retirement
and FICA .__.____._..____.__ Regular Operating Expenses .--,,--..... Travel ........_..-....,,,,.....,,-.....-_._.,,.....-__..... Motor Vehicle Equipment Purchases Publications and Printing ...,,__._..._._ Equipment Purchases --.~_,,--.--__--... Per Diem and Fees --,,_--...---_-_-------. Computer Charges ___.__-__,,..,,.....__...---- Other Contractual Expense --...----_-.

..$ 12,353,961

_$ 450,000

$ 2,005,312

..$ 547,500

..$

87,000

..$ 836,394

..$

47,233

..$

72,000

..$ 4,557,000

..$ --0--

2600

JOURNAL OF THE SENATE,

Loans to Counties/Property Reevaluation ..............................$
Grants to Counties/Appraisal Staff .-,,.-...-_.$ Motor Vehicle Tag Purchases __...______.,,__-_______.$ Motor Vehicle Decal Purchases ......................$ Intangible Tax Equalization Fund __...............$
Total Positions Budgeted

171,596 1,250,000
390,000 283,000' --0--
1,020

Section 37. Secretary of State. A. Budget Unit: Secretary of State ___.___.____.._____.$

6,214,099

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 ................................^ Other Contractual Expense .........,,.--.--.,,_.....$ Total Funds Budgeted ................. ...^. State Funds Budgeted ......................................^ Total Positions Budgeted

1,306,000 376,664 106,004 --0-- 24,968 9,500 240,000 14,000 --0--
2,077,136 2,077,136
117

2. Securities Regulation Budget:
Personal Services ....................... ..^ Regular Operating Expenses --____--__----.--__.$ Travel .................................... ^ Motor Vehicle Equipment Purchases ........___.$ Publications and Printing ................................^ Equipment Purchases ..........................^ Per Diem and Fees ___.___._,,.____________.__.___.___--_.___.$ Computer Charges ..................................$ Other Contractual Expense ..................$ Total Funds Budgeted ........................ ^ State Funds Budgeted .................... $ Total Positions Budgeted

214,000 10,015 13,500 --0-- 2,500
1,200 --0-- --0-- --0-- 241,215 241,215
14

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 .................................. ^ Other Contractual Expense _,,.______.___.____..__.__.$ Total Funds Budgeted ___.,,_____...___________,,___.______ $ State Funds Budgeted ..._-.--...........-..___-._,,_...$ Total Positions Budgeted

228,428 19,552 5,700
--0-- 2,900 1,872
-- 0>-- --0--
30,000 288,452 288,452
21

THURSDAY, MARCH 4, 1976
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 __..--,,__.__...--___.___.--.--.-_-.--.$ Other Contractual Expense .......................$ Total Funds Budgeted .__.....____........,,.______...,,...$ State Funds Budgeted .._._......____.,,........__._..___._.$ Total Positions Budgeted

2601
225,000 5,753 36,000
--0-- 300 100
--0-- --0-- --0-- 267,153 267,153
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 .........._______________________________ $ Other Contractual Expense ................ .,,.$ Authority Lease Rentals ___,,....._.___.._...._.._.......$ Total Funds Budgeted ................... ^ State Funds Budgeted .______....._._.__......__...........$ Total Positions Budgeted

1,121,000 103,629 12,573 --0--
17,707 5,000
--0-- --0-- --0-- 815,000 2,074,909 2,074,909
91

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 ....___._..............................$

Other Contractual Expense 1--.......------.,,..--$

Total Funds Budgeted .___.__._...._______.........____,,....$

State Funds Budgeted .....__._._...-______.-.......__,,..$

Total Positions Budgeted

436,000 55,186
8,216 --0--
25,000 3,310 2,500 --0-- --0-- 530,212 530,212
34

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 ......................................-$

420,000 46,577
6,000 --0^--
62,876 1,000
--0--
--0--

2602

JOURNAL OF THE SENATE,

Other Contractual Expense ------_----------$ Total Funds Budgeted ................................... ^ State Funds Budgeted .....................................$
Total Positions Budgeted

--0-- 536,453 536,453
29

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 ............................................$ Other Contractual Expense --------------$ Total Funds Budgeted ................................... ^ State Funds Budgeted ------------------------...$ Total Positions Budgeted

67,147 34,345 4,000 --0--
4,000 --0--
109,492 109,492
8

9. State Ethics Commission:
Personal Services ..............................................$ Regular Operating Expenses -----........... ..--..$ Travel ...........................................$ Motor Vehicle Equipment Purchases .,,.........$ Publications and Printing .............................4 Equipment Purchases ...................................^ Per Diem and Fees ...........................................^ Computer Charges ............................................^ Other Contractual Expense ------------------ $ Total Funds Budgeted ........................... 4 State Funds Budgeted ------_------------------.$ Total Positions Budgeted

49,000 18,577 9,000
6,000
6,500
89,077 89,077
3

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 .......................................^ Other Contractual Expense ----------,,----$ Authority Lease Rentals --------__----------_.$ Total Positions Budgeted

4,066,575 670,298 200,993 --0-- 146,251
21,982 249,000
14,000 30,000 815,000
330

Provided, that of the above appropriation relating to the Secretary of State, $30,000 of the amount budgeted to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct corporations.

THURSDAY, MARCH 4, 1976

2603

Provided, however, that of the above appropria tion $15,000 is designated and committed for the hiring of one new investigator position in the Dental Board.

B. Budget Unit: State Building Administrative Board ___,,_,,_____________,,---$

90,741

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 ...........................................^ Other Contractual Expense --.--....----------..$ Total Funds Budgeted _-.._______..__.,,. ..,,.,,-$ State Funds Budgeted .....,,._....._........__-____..__.$ Total Positions Budgeted

71,677 4,564 5,000 --0-- 3,000 3,000 3,500 --0-- --0-- 90,741 90,741
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 --------.__.______..__..--.----.--.$ Other Contractual Expense --.--.--.--._------.$ Total Positions Budgeted

71,677 4,564 5,000 --0-- 3,000
3,000 3,500
--0-- --0--
6

Section 38. State Scholarship Commission.
Budget Unit: State Scholarship Commission ................................ ^....^

10,095,601

1. Internal Administration Activity Budget:
Personal Services _.__........,,,,.......,,._.___.........___...$ Regular Operating Expenses _...--.--.--.------.$ Travel ,,......,,--..^ .......................... ...^ Motor Vehicle Equipment Purchases .--.__.___$ Publications and Printing .........................^ Equipment Purchases .....----.--.....--.....--.--.--.$ Per Diem and Fees .........--..........-....--.....-....-I Computer Charges ........-.,,,,..-...._...................$ Other Contractual Expense ...........................I Total Funds Budgeted _____-_____._________________________.$ State Funds Budgeted ....-.......,,....,,..__-,,,,.,,.....$ Total Positions Budgeted

627,097 156,454 20,000 --0--
4,000 306,350
4,200 25,000 15,300 1,158,401 358,401
51

2604

JOURNAL OF THE SENATE,

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees Total Funds Budgeted ___.___.._____ State Funds Budgeted ___._,,_______ Total Positions Budgeted

404,500 404,500 220,500
0

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans ................................$ Tuition Equalization Grants .......................^ State Student Incentive Scholarships ....__.__.$ Total Funds Budgeted ....................................I State Funds Budgeted ....................... .....^ Total Positions Budgeted

1,93'5,000 6,400,000 1,919,700 10,254,700 9,504,700
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships ._.........._...............$
Total Funds Budgeted ..................................$ State Funds Budgeted ..........................$ Total Positions Budgeted

12,000 12,000 12,000
0

Budget Unit Object Classes:
Personal Services .................................$ Regular Operating Expenses ........................^ Travel _____._...-.____-.....................-_..._...____.__.____._____ $ Motor Vehicle Equipment Purchases ............^ Publications and Printing ..............................I Equipment Purchases ......................... ^ Per Diem and Fees ................................ 4 Computer Charges ................... .............-.....$ Other Contractual Expense ._..___.__-._._._--_.......$ Payment of Interest and Fees _______.___.___.__,,___$ Direct Guaranteed Loans ........................... ^ Tuition Equalization Grants ......................... ^ State Student Incentive Scholarships ......... $ Law Enforcement Personnel
Dependents Scholarships ............................I Total Positions Budgeted

627,097 156,454 20,000 --0--
4,000 306,350
4,200 25,000 15,300 404,500 1,935,000 6,400,000 1,919,700
12,000 51

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the pur pose of providing stipends for training, recruitment and counselor personnel in health career fields.

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed stu-

THURSDAY, MARCH 4, 1976
dent loan program to students in paramedical, profes sional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Com mission as provided for in Ga. Laws 1965, p. 210, as amended.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $12,000 is designated and committed 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 appropriation $6,400,000 is designated and committed to provide $400 Tuition Equalization Grants to Freshmen, Sophomores, Juniors and Seniors attending private colleges as pro vided in Ga. Laws 1971, p. 906, as amended.
Provided, that the above appropriated amount relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based scholarships to first-year, second-year and to third-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholar ship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institu tions of higher education, nor to students for summer period study in other post-secondary educational institu tions unless summer period study is part of the typical academic year of such institution.
Section 39. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee _______.,,_____.___________._$
Soil and Water Conservation Central Office Budget:
Personal Services -,,-__________--_____.--._______----..__$ Regular Operating Expenses ___________-,,__..______$

2605
360,000 167,140 30,803

2606

JOURNAL OF THE SENATE,

Travel ....,,.._..,,.._....._........_._._......_,,...,,...........___..$ Motor Vehicle Equipment Purchases ...--..... $ Publications and Printing _,,.,,......__.............._,,.$ Equipment Purchases ----.._---------------._,,.$ Per Diem and Fees ._..____........_._..,,,,__.................$ Computer Charges .......,,_......,,......_.....,,._....,,_..$ Other Contractual Expense ...._.._..__......__......$ Total Funds Budgeted ,,...______.___,,_____,,_.___,,__.$ State Funds Budgeted ....................._.-_-..........$ Total Positions Budgeted

28,400 --0--
12,170 3,487 101,000 --0-- 17,000 360,000 360,000
11

Budget Unit Object Classes:
Personal Services ,,_...-.._--..--------.--...------...$ Regular Operating Expenses .,,.--.....------.....j Travel _____-._.-____.-_-- $ Motor Vehicle Equipment Purchases _..........$ Publications and Printing _,,__,,_______.___._________.$ Equipment Purchases .,,.-...--._-_,,.-,,__.,,....--,,-..$ Per Diem and Fees ._____,,___.__..__-__________.,,_.$ Computer Charges ....--.--.._......._..,,.....,,...._....$ Other Contractual Expense __.,,_.__,,._.____-_-.___.$ Total Positions Budgeted

167,140 30,803 28,400 --0-- 12,170
3,487 101,000 --0--
17,000 11

Section 40. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System .__________________________,,__________,,,,.__,,___....,,..$

1,980,000

Departmental Operations Budget:
Personal Services ..............................................I Regular Operating Expenses _.--,,.--__,,..--__,,__$ Travel ,,.._..._..........--............._..........,...___..._.........$ Motor Vehicle Equipment Purchases ----_..,,.$ Publications and Printing ___.__________.___,,,,_______.$ Equipment Purchases ....-............,,....,,_..__.......$ Per Diem and Fees .........._---.._._..-,,........._..,,.$ Computer Charges -......_...........-............_......$ Other Contractual Expense -...--.....,,..--.,,-._..$ Employer Contributions -__.....__.-......-..-_....$ Floor Fund for Local
Retirement Systems ............--.....................I Total Funds Budgeted ............................._.,,__._$ State Funds Budgeted -__._..______..........__.-.......$ Total Positions Budgeted

755,000 64,800 14,500
--0-- 13,000 16,500 67,000 275,000
--0-- 1,000,000
980,000 3,185,800 1,980,000
55

Budget Unit Object Classes:
Personal Services ________.._______.______.___________________.$ Regular Operating Expenses .._._,,.--....,,_.--.$ Travel .......................... ...^ Motor Vehicle Equipment Purchases ,,--..._.$ Publications and Printing .,,______._,,__.______.._,,.__$ Equipment Purchases ---.,,._,,---_,,------..----$ Per Diem and Fees -.........,,........__.-.._......-.......$

755,000 64,800 14,500
--0-- 13,000 16,500 67,000

THURSDAY, MARCH 4, 1976

2607

Computer Charges ..,,__......___._--..-._______..._.___...$ Other Contractual Expense ----_,,_--_,,__--.___.$ Employer Contributions ............--._,,....,,......_.$ Floor Fund for Local
Retirement Systems --.________--.---,,,,-,,$ Total Positions Budgeted

275,000 --0-- 1,000,000
980,000 55

Provided, that of the above appropriation relative to Employer Contributions, $1,000,000 is designated and committed for raising to 1.78 the percentage to be used in making the calculations described in Section 2 of S.B. 102 of the 1975 Regular Session of the Georgia Gen eral Assembly.

Section 41. Department of Transportation. Budget Unit: Department of Transportation _.f 244,094,991

1. Planning and Construction Budget:

Personal Services _,,..-.-._.._._--,,..-__........_.,,__...$ 51,626,068

Regular Operating Expenses ..................--......$ 4,152,627

Travel _-______.---________.....-_---__._$ 1,295,053

Motor Vehicle Equipment Purchases --.._._..$ --0---

Publications and Printing ,,,,...,,,,._.._,,............$ 245,100

Equipment Purchases ...._....,,......-.._.,,,,_,,,,,,.........$

67,750

Per Diem and Fees _--..._.._..__.........._.,,.,,_$ 752,000

Computer Charges --__----________.__----____________$ --0--

Other Contractual Expense ______._______.________.$ 2,481,000

Capital Outlay _..._.__.............,,,,_....................$ 198,369,352

State of Georgia General

Obligation Debt Sinking Fund _______,,,,,,._.$ 8,000,000

Total Funds Budgeted .._....__.____,,________$ 266,988,950

State Funds Budgeted _.,,....._.__.._._...........$ 108,786,305

Total Positions Budgeted

3,600

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 --_,,__.,,_._--__..__...,,._,,...$ Other Contractual Expense ......--_...--_........_..$ Capital Outlay .....-._.......................................,,...$ State of Georgia General
Obligation Debt Sinking Fund ...._...........$ Total Funds Budgeted ....................................$ State Funds Budgeted __.__.____.__,,.._.____________.$ Total Positions Budgeted

30,907,306 21,223,367
206,960 --0--
6,910 --0-- --0-- --0-- 907,725 17,023,936
1,700,000 71,976,204 71,026,204
3,551

2608

JOURNAL OF THE SENATE,

3. Authorities Budget:
Authority Lease Rentals __--_....,,....._...__.,,._.....$ State of Georgia General
Obligation Debt Sinking Fund ....___.,,....,,___.$ Total Funds Budgeted .............. ^ State Funds Budgeted ...,,_____.___..,,.._$

27,343,961
3,780,762 31,124,723 31,124,723

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases ._____.___..$ Equipment Purchases .......................................$ Capital Outlay ....................................... ....^ Total Funds Budgeted .............. ......J$ State Funds Budgeted .-___-...-,,.....-.--..--$

2,300,000 736,911 384,000
3,420,911
3,220,000

5. Assistance to Counties Budget:
Grants to Counties ...................................$ Total Funds Budgeted ............................ ...^ State Funds Budgeted .....................................^

9,317,013 9,317,013 9,317,013

6. Administration Budget:
Personal Services .__.____.___._______.__,,.___.___.______.._,,$ Regular Operating Expenses ................. ..^ Travel .__._.-...___.-.__.__.-...._._-__-_-._-_-.--$ Motor Vehicle Equipment Purchases ......,,.-$ Publications and Printing ___-_.,,_-,,________--_-_____$ Equipment Purchases ..................................$ Per Diem and Fees __,,.,,,,_._,,___..________,,_______.__,,_,,$ Computer Charges ..-......-_....____.._...--.__.__-___-___.$ Other Contractual Expense ...........................^ Total Funds Budgeted .^................................i State Funds Budgeted .......................................^ Total Positions Budgeted

5,139,156 2,555,236
100,000 --0-- 302,000 --0-- 229,500 1,389,863 165,000 9,880,755 9,880,755
321

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in con formity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immedi ately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal of ficers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immedi ately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appro priated herein.

Provided, however, that objects for Activities fi-

THURSDAY, MARCH 4, 1976
nanced by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Retals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/ or balances appropriated and brought forward from previous years as requested by the Department of Trans portation 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 State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway Sys tem of roads and bridges, and the costs incident there to provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and 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 Depart ment of Administrative Services and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sink ing Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of 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

2609

2610

JOURNAL OF THE SENATE,

Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $30,000,000 in principal amount to finance a new program for the construction or re construction of public roads and bridges.

For the appropriation of $8,000,000 for the State of Georgia General Obligation Debt Sinking Fund for an nual debt service requirements on General Obligation Debt to finance an amount not to exceed $88,000,000 in principal amount for advance construction of interstate highway systems. This appropriation shall be from funds other than the motor fuel tax.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically appropriated for a Main tenance and Betterments Resurfacing program through the issuance of not to exceed $5,000,000 in principal amount of General Obligation Debt. This appropriation shall be from funds other than the motor fuel tax.

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 Transportation, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.
Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:
Planning and Construction General Obligation Bond Debt Service for Advance Construction of the Interstate System _,,,,_____..._____________________.____$ Geodetic Control ___,,_________,,,,___________,,_.,,___.$

8,000,000 250,000

THURSDAY, MARCH 4, 1976

2611

Harry S. Truman Parkway .._._______...._..______$ Maintenance and Betterments
General Obligation Bond Debt Service for Resurfacing _____.______.___._.___.___$
Paving, Curbing and Guttering, and Other Related Expenses .___._._.-._.___$

330,000
1,700,000 75,000

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.

7. 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 authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Gov ernor 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 munici pality 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.

8. Air Transportation Budget:

Personal Services --..--________.----__........,,_--.._.....$

Regular Operating Expenses --..________.....-______$

Travel ........

^

Motor Vehicle Equipment Purchases ..._._______$

Publications and Printing .... _______.._...._.._.._..._ _$

Equipment Purchases .......,,__--...__.____._.....,,__._,,$

Per Diem and Fees -----.-....------...-..__.---.-.....$

Computer Charges -.-._________..-.-.-_________.---_._____$

Other Contractual Expense _.--...__.___,,--._..--.$

307,000 297,390
7,500 24,000
200 1,000
500 --0-- --0--

2612

JOURNAL OF THE SENATE,

Total Funds Budgeted ......................................^ State Funds Budgeted ....................................^ Total Positions Budgeted

637,590 412,590
17

9. 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 ______________...----------------.$ Other Contractual Expense ...........................^ Capital Outlay .................................................^ Mass Transit Grants ,,..._...__.__-___._______.___..______.$ Total Funds Budgeted ._..___.-_._____-______.___.___.___.$ State Funds Budgeted ..........,,........................$ Total Positions Budgeted

212,000 11,550 10,000
--0-- 5,000 500 50,000
--0-- 235,700 135,651 175,000 835,401 760,401
15

10. Harbor Maintenance Budget:
Harbor Maintenance Payments ._____,,_______,,.,,.$ Total Funds Budgeted ....................................^ State Funds Budgeted .__.______-___-...............,,..$

250,000 250,000 250,000

Budget Unit Object Classes:

Personal Services ....................................... ^ Regular Operating Expenses ___.___.__________..._.$ Travel ................................$ Motor Vehicle Equipment Purchases ._..........$

88,191,530 28,240,170 1,619,513 2,324,000

Publications and Printing ..____....-.-----.--....--.$ 559,210

Equipment Purchases ...................................^ 806,161

Per Diem and Fees .....................................$ 1,032,000

Computer Charges .---------------$ 1,389,863

Other Contractual Expense ,,_--,,__-__-__-_-__.$ 3,789,425

Capital Outlay ...........................................$ 215,912,939

Mass Transit Grants ______________-_,,-.___,,_._._-_____$ 175,000

Grants to Municipalities ___,,_,,_______________________$ 9,317,000

Harbor Maintenance Payments ___.______________$ 250.0001

Grants to Counties .__._______.___.__-___.._..__-_____._..__.$ 9,317,013

Authority Lease Rentals ..................................$ 27,343,961

State of Georgia General Obligation Debt Sinking Fund ,,..___.___.___..__.$ 13,480,762

Total Positions Budgeted

7,504

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.

THURSDAY, MARCH 4, 1976

2613

Provided, that the Department of Transportation is authorized to retain such portion of its Air Trans portation service income as is required to maintain and upgrade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 12%% 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 Participa tion. Provided, further, that the Department of Trans portation is authorized to utilize State Airport Develop ment 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 allocation for harbor maintenance payments is desig nated and committed for payment for harbor main tenance at Savannah.

Provided, that of the appropriation relative to Capital Outlay, $123,651 in State funds is designated and committed for matching Federal and local funds to provide $989,212 in improvements to Clarke County Municipal Airport.

Provided, further, that the Department of Trans portation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the cost-of-living adjustment contemplated in this Act, subject only to approval by the Office of Planning and Budget.

Provided, that of the above appropriation relative to Per Diem and Fees, $330,000 is designated and com mitted for final engineering and planning the Harry S. Truman Parkway.

Provided, that of the above appropriation relative to Capital Outlay, $11,250 in State funds is designated and committed for matching Federal and local funds to provide $90,000 in improvements to the Dalton-Whitfield County Airport.

Provided, that of the above appropriation related to Per Diem and Fees, $50,000 is designated and com mitted for Rail Facilities Planning.

2614

JOURNAL OF THE SENATE,

Section 42. Department of Veterans Service.
Budget Unit: Department of Veterans Service ._,,__.--,,--....--.---..------.,,--_.-- ..$ 6,258,217

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 ___,,__-__,,__,,_____,,--___. Other Contractual Expense .__--._--_-. Grants to Confederate Widows Total Funds Budgeted ....___.....___......__. State Funds Budgeted _.....--...--.-- -... Total Positions Budgeted

1,897,847 146,347 64,547 --0-- 20,000 5,400 8,800 150
17,186 2,160,277 1,903,651
171

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Operating Expenses/Payments to Central State Hospital ___._,,____________.__...______..$
Other Contractual Expense ,,__,,__.--____--.___--.$ Total Funds Budgeted __-.._.__..__.__-....._-....._..$ State Funds Budgeted .._._-..,,____..-..___.-..._-____.$

3,877,344 --0--
3,877,344 2,974,894

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia ...._____....___-...._.$
Other 'Contractual Expense .._________._,,___--__,,_.$ Total Funds Budgeted ..__._....____.....__......._...._.$ State Funds Budgeted __._.....__.....___.__...___-...___.$

1,762,872 --0--
1,762,872 1,379,672

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 ,,_..-...._.--_._...___...,,__--..-....--$ Other Contractual Expense ._____.._-.__...--_..---$ Grants to Confederate Widows ._.....___...._._--$ Operating Expense/Payments to
Central State Hospital ....__.......__.....__-.._._-$ Operating Expense/Payments to
Medical College of Georgia ._..,,..,,..___-....._-$ Total Positions Budgeted

1,897,847 146,347 64,547 --0-- 20,000 5,400 8,800 150 --0-- 17,186
3,877,344
1,762,872 171

THURSDAY, MARCH 4, 1976
Section 43. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board . . ..............................................I

2615 1,911,731

1. Workmen's Compensation Administration Budget:
Personal Services ,,,,__.__,,.$ Regular Operating Expenses .______.____-........,,_..$ Travel ..___.____._________..___........._.__,,..........______________.$ Motor Vehicle Equipment Purchases .__.___..__.$ Publications and Printing- _._____________________._____.$ Equipment Purchases __.,,.,,___.,,..-..___._____.___..__$ Per Diem and Fees ..____...__.__._-_.___-....__.___..-......$ Computer Charges -_._____________..,,-__-_._.,,_.____,,--___$ Other Contractual Expense .,,.._...__.___________.___.$ Total Funds Budgeted ___.___._._.........................$ State Funds Budgeted ......,,_.._____._...__.___._._.___.$ Total Positions Budgeted

1,462,417 223,761 20,700 --0-- 14,781 8,750 26,700 59,094 --0--
1,816,203 1,816,203
97

2. Vocational Rehabilitation Budget:

Personal Services _.._..___._______._._--...........-.......-.$

Regular Operating Expenses ----,,--..,,--_._._.$

Travel

_.___..$

Motor Vehicle Equipment Purchases _._..._..__.$

Publications and Printing ___._...............,,......_.$

Equipment Purchases ----.,,.._--------.--_--__....$

Per Diem and Fees .______.___.___._._..-............-....._.$

Computer Charges --._--_.__,,--------------------$

Other Contractual Expense _.,.._..--.________-_--_..$

Total Funds Budgeted __...._...._.___.___..___.___.....__.$

State Funds Budgeted _._.._...._._.____.._____.__.______.$

Total Positions Budgeted

82,408 4,820 5,700 --0-- 2,000 --0-- --0--
600 --0--
95,528 95,528
8

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 ._..__...________.._.____._..._........_._._.$

Other Contractual Expense ......_..._.._......_...___.$

Total Positions Budgeted

1,544,825 228,581 26,400 --0-- 16,781 8,750 26,700 59,694 --0-- 105

Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) --.--........-----------

..$ 22,635,053

2616

JOURNAL OP THE SENATE,

B. Budget Unit: State of Georgia General
Obligation Debt Sinking Fund (New) __.......__.__......__..,,.,,__._....._.__,,.....$

5,028,900

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $520,000 is specifically appropriated for the pur pose of constructing and equipping facilities on prop erty in Atlanta, Georgia, through the issuance of not to exceed $5,200,000 in principal amount of General
Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the is suance of not to exceed $10,000,000 in principal amount of General Obligation Debt. The allocation of these 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, renova tions, outstanding local effort of school systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $736,000 is specifically appropriated for the pur pose of Area Vocational-Technical School construction and equipping through the issuance of not to exceed $7,360,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $767,500 is specifically appropriated for the pur pose of constructing facilities at Gracewood State School and Hospital, Southwestern Regional Hospital and Central State Hospital through the issuance of not to exceed $7,675,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $275,400 is specifically appropriated for the pur pose of constructing Regional Youth Development Centers at Macon, Griffin, Columbus, and Eastman through the issuance of not to exceed $2,850,000 in prin cipal amount of General Obligation Debt.

THURSDAY, MARCH 4, 1976

2617

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $730,000 is specifically appropriated for the pur poses of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $7,300,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriation for the State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing the construction and equipping of a general cargo facility on Colonel's Island in Glynn County, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt.

Section 45. In addition to all other appropriations for the Fiscal Year ending June 30, 1977, there is here by appropriated based on a four percent (4%) salary increase, with a minimum of $400 and a maximum of $800, $18,978,714 for State employees and certain coun ty employees, $81,332 for the Department of Audits, $30,000 for the Supreme Court, and $28,300 for the Court of Appeals, all to be effective July 1, 1976.

Section 46. In addition to all other appropriations for the fiscal year ending June 30, 1977, there is here by appropriated $2,523,278 to cover an increase in State contributions for Employees' Health Insurance.

Section 47. 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 wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retail ing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.

Section 48. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.

Section 49. Provided further that no State funds in this appropriation shall be paid to or on behalf of

2618

JOURNAL OF THE SENATE,

Georgia Indigent Legal Services, either directly or indirectly.
Section 50. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Consti tution of the State of Georgia, as amended, there is 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 aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1976, 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 in sufficient in any year to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution in volved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the general funds of the State as a first charge upon Gen eral Funds.

Section 51. 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 1976 regular 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 of State funds, nor which would require operating funds or cap ital outlay funds beyond fiscal year 1977, 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 Subcommit tees 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 Commit tees of the Senate and House of Representatives of all

THURSDAY, MARCH 4, 1976

2619

instances revealed in his audit in which the expenditures by object class of any department, bureau, board, com mission, institution or other agency of this State are in violation of this Section or in violation of any amend ments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report con tains no recommendation by the Governor of expendi tures as to objects, the Director of the Budget, except as to the legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any 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 52. 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 P.Y. 1977 submitted to the Georgia General Assembly during its 1976 regular session.

Section 53. 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 54. 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 obli
gation of the State.

Section 55. TOTAL APPROPRIATIONS F. Y. 1977 _.____..........__...._-.-......._..__.______-.........__-._.._..$l,9Q2,800,000.
Section 56. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 57. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate adopt the Conference Com mittee Report on HB 1350.

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JOURNAL OF THE SENATE,

On the adoption of the Conference Committee Report, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard 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 Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Hill Howard

Stumbaugh Summers

Traylor Young

On the adoption of the Conference Committee Report, the yeas were 50, nays 0, and the Conference Committee Report on HB 1350 was adopted.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations.

The House substitute to SB 494 was as follows:
A BILL
To be entitled an Act to amend an Act providing for the establish ment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations; to provide for limitations on the use of such information; to provide for conditions of dissemination; to provide for notice to certain persons of dissementation of certain in-

THURSDAY, MARCH 4, 1976

2621

formation; to provide immunity for certain persons; to provide for rulemaking power in connection therewith; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), is hereby amended by adding following Section 3(1) a new subsection to be designated subsection (m), to read as follows:

" (m) Make records of adjudications of guilt available to private persons and businesses as follows:

(1) Make available to employers, for the purpose of making employment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve:

(A) Working in or near private dwellings without immediate supervision;

(B) Custody or control over or access to cash or valuable items;

(C) Knowledge of or access to secret processes, trade secrets or other confidential business information;

(D) Insuring the security or safety of other employees, cus tomers or property of the employer.

(2) GCIC shall charge fees for disseminating records pursuant to this Section which will raise an amount of revenue which ap proximates, as nearly as practicable, the direct and indirect costs to the State of providing such disseminations.

(3) Information disseminated pursuant to paragraph (1) above shall be available only to persons involved in the hiring or job assignment of the person whose record is disseminated. Any dissemination of any information obtained pursuant to this sub section to any person not specifically authorized hereby to receive it or any use of any information obtained pursuant to this sub section for any purpose other than the purpose for which it was obtained shall constitute a violation of Section 7 of this Act.

(4) In the event that a decision is made adverse to a person whose record was obtained pursuant to this subsection, the person will be informed by the business or person making such adverse decision of all information pertinent to this decision. This shall include information that a record was obtained from GCIC, the specific contents of such record and the effect that such record had upon the decision.

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(5) Neither GCIC, its employees, nor any other agency or em ployee of the State shall be responsible for the accuracy of informa tion or have any liability for defamation, invasion of privacy, negligence or any other claim in connection with any dissemination of information pursuant to this subsection.

(6) GCIC shall disseminate records pursuant to paragraph (1) only upon positive identification by fingerprint comparison.

(7) The GCIC Council is hereby empowered to adopt rules, regulations and forms to implement this subsection and provide for security and privacy of information disseminated pursuant hereto giving first priority to the criminal justice requirements of the Act. Such rules may include requirements for users, audits of users and such other procedures as may be necessary to prevent un authorized use of criminal history record information and to insure compliance with federal regulations.

No information may be disseminated pursuant to this sub section by any criminal justice agency except GCIC.

The GCIC Council may adopt rules authorizing local law en forcement agencies to act as an agent for GCIC in receiving re quests for information and disseminating information pursuant to such requests."

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Stumbaugh of the 55th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 494 by inserting between lines 7 and 8 of Page 2 the following:
"(2) Make available to appropriate personnel of any business or commercial establishment records of persons apprehended for or suspected of a specific criminal act or acts of which such estab lishment, or an employee of such establishment in the course of his employment, is a victim.".

THURSDAY, MARCH 4, 1976

2623

By striking from line 8 of Page 2 the following: "(2)",

and inserting in lieu thereof the following: "(3)".

By striking from line 13 of Page 2 the following: "(3)",

and inserting in lieu thereof the following: "(4)".

By inserting following the sentence ending on line 16 of Page 2 the following:
"Information disseminated pursuant to paragraph (2) above shall be available only to persons involved in deciding whether or not to prefer charges against the person whose record is dissemi nated or persons engaged in the investigation of such specific criminal act or acts.".
By striking from line 24 of Page 2 the following:
"(4)",

and inserting in lieu thereof the following: "(5)".

By striking from line 33 of Page 2 the following: "(5)",

and inserting in lieu thereof the following: "(6)".

By striking lines 6 through 8 of Page 3 in their entirety, and in serting in lieu thereof the following:
"(7) GCIC shall disseminate records pursuant to paragraph (1) only upon positive identification by fingerprint comparison. GCIC shall disseminate records pursuant to paragraph (2) on fingerprint identification and when fingerprints are unavailable or time prohibits the use of fingerprints for identification, identifi-

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JOURNAL OF THE SENATE,

cation may be made through the use of the name, date of birth, sex and race of the person with appropriate qualifications.".

By striking from line 9 of Page 3 the following: "(7)",

and inserting in lieu thereof the following: "(8)".

On the motion to agree to the House substitute as amended, 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 Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Foster Hill Holloway

Howard McDowell McDuffie Russell

Summers Timmons Traylor

On the motion, the yeas were 45, nays 0, and the House substitute was agreed to as amended by the Senate.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations relative to certain actions.

THURSDAY, MARCH 4, 1976

2625

The Conference Committee Report was as follows:

Mr. President:

Mr. Speaker:

Your Conference Committee on SB 464 has met and submits the following report and recommendation:

That both the Senate and House of Representatives recede from their respec tive positions and that the attached Conference Committee Substitute to SB 464 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Ed Garrard Senator, 37th District

FOR THE HOUSE OF REPRESENTATIVES:
/si E. Roy Lambert Representative, 112th District
/s/ W. W. Larsen, Jr. Representative, 119th District

/s/ W. W. Fincher, Jr. Senator, 54th District

,/s/ Tom Taggart Representative, 125th District

Conference Committee Substitute to SB 464:

A BILL

To be entitled an Act to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations relative to certain actions; to make applicable to such actions certain disabilities and exceptions; to provide that certain ac tions shall not be revived or extinguished; to except certain actions from the limitations on contract or tort actions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 3, relating to actions, as amended, is hereby amended by adding following Code Chapter 3-10 a new Code Chapter to be designated as Code Chapter 3-11, to read as follows:

"CHAPTER 3-11. LIMITATIONS OF ACTIONS FOR MEDICAL MALPRACTICE

3-1101. 'Action for Medical Malpractice' defined. As used in this Section, the term 'action for medical malpractice' means any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service, (2) diagnosis, (3) prescription, (4) treatment, or (5) care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of such lawfully authorized person, or (b) care or service rendered by any public or private hospital, nursing home, clinic, hospital au-

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JOURNAL OF THE SENATE,

thority, facility or institution, or by any officer, agent or em ployee thereof acting within the scope of his or her employment.

3-1102. General Limitations. Except as otherwise provided in this Chapter, an action for medical malpractice shall be brought within two years after the date on which the negligent or wrongful act or omission occurred.

3-1103. Foreign Objects Left in Body. None of the limitations of Code Section 3-1102 shall apply where a foreign object has been left in a patient's body, but an action shall then be brought within one year after such negligent or wrongful act or omission is dis covered. For purposes of this Section, 'foreign object' shall not in clude a chemical compound, fixation device or prosthetic aid or device.

3-1104. Certain Disabilities and Exceptions Applicable. The disabilities and exceptions prescribed in Code Chapter 3-8 in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice.

3-1105. Certain Actions Not Revived or Extinguished. No ac tion for medical malpractice which, prior to July 1, 1976, has been barred by the provisions of Code Title 3, relating to actions, shall be revived by this Code Chapter. No action for medical malpractice which would be barred before July 1, 1977, by the provisions of this Code Chapter but which would not be so barred by the pro visions of Code Title 3, in force immediately prior to July 1, 1976, shall be barred until July 1, 1977."

Section 2. Said Code Title is further amended by adding following Code Section 3-717, a new Code Section to be designated as Code Section 3-718, to read as follows:

"3-718. Contract Actions for Medical Malpractice Excluded. The provisions of this Code Chapter shall not apply to actions for medical malpractice as defined in Code Section 3-1101, as now or hereafter amended."
Section 3. Said Code Title is further amended by adding following Code Section 3-1004, a new Code Section to be designated Code Section 3-1004.1, to read as follows:
"3-1004.1. Tort Actions for Medical Malpractice Excluded. The provisions of Code Section 3-1004 shall not apply to actions for medical malpractice as defined in Code Section 3-1101, as now or hereafter amended."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Garrard of the 37th moved that the Senate adopt the Conference Committee Report on SB 464.

THURSDAY, MARCH 4, 1976

2627

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:

Barker Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Fincher Garrard Hamilton of 26th Holley Holloway Kennedy Kidd Lewis McDowell McDuffie McGill

Reynolds Riley Robinson Shapard Starr Sutton Tate Thompson Turner Young

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Broun of 46th Foster

Hamilton of 34th Hudson Langford Lester Overby

Pearce Stephens Stumbaugh Tysinger Warren

Those not voting were Senators:

Gillis Hill Howard

Hudgins Russell Summers

Timmons Traylor

On the adoption of the Conference Committee Report, the yeas were 32, nays 16, and the Conference Committee Report on SB 464 was adopted.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 492. By Senator Warren of the 43rd:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party ac counts; to provide for ownership and payments during lifetime; to provide for right of survivorship.

The House amendment was as follows:
Amend SB 492 by striking Section 41A-3807, beginning on line 17, Page 12, of said bill and extending through line 12, Page 13, of said bill.
And renumbering the remaining Sections accordingly.

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JOURNAL OF THE SENATE,

Senator Warren of the 43rd moved that the Senate agree to the House amendment to SB 492.

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 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 Holley Howard 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:

Duncan Gillis Hill

Holloway Hudgins

Russell Summers

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 492.

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereto:

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.
The Conference Committee Report was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on HB 926 has met and recommends that both

THURSDAY, MARCH 4, 1976

2629

the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 926 be adopted.

FOR THE SENATE:
/si Don Ballard Senator, 45th District
/s/ Preston B. Lewis, Jr. Senator, 21st District
/s/ M. Parks Brown Senator, 47th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/si Bobby Sigman Representative, 74th District
/s/ Wilbur Baugh Representative, 109th District
/s/ Bobby Parham Representative, 108th District

Conference Committee Substitute to HB 926:

A BILL

To be entitled an Act to amend an Act creating a Board of Commis sioners for Newton County, approved April 6, 1967 (Ga. Laws 1967, p. 2784), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3022) and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3479), so as to update and renumber the provisions of said Act; to change the compensation of the chairman and members of the board; to require the members and the chairman of the board to submit itemized state ments of certain expenses; to specify the day on which the chairman shall be in his office; to provide for the hiring and firing of employees; to change the provisions relating to the employment of a county at torney; to change the number of meetings the board shall hold each month; to change the procedure for calling special meetings of the board; to change the voting requirements for certain actions by the board; to change the provisions relating to purchases for the county or elected officials thereof; to change the provisions relating to the budget of elected officials of the county; to change the provisions relating to vouchers and checks; to provide for other matters related to the fore going; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a Board of Commissioners for Newton County, approved April 6, 1967 (Ga. Laws 1967, p. 2784), as amended, is hereby amended by striking Section 3 and Sections 5 through 16B in their entirety and substituting in lieu thereof the following:

"Section 1-104. No person shall be eligible to represent a commissioner district unless he is at least 21 years of age and has been a resident of the State at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of the election. In the event a mem ber moves his residence from the district from which he qualified, his place on the board shall immediately become vacant.

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Section 1-105. There shall be a Chairman of the Board of Commissioners of Newton County who shall be elected by the qualified electors of the entire county. The Chairman of the Board of Commissioners of Newton County in office on January 1, 1976, shall serve as chairman for the remainder of his term and until his successor is elected and qualified. At the general election con ducted in 1976, the chairman of said board shall be elected and shall take office on the first day of January following his election, to serve for a term of four years and until his successor is duly elected and qualified. Thereafter, successors to the chairman of said board shall be elected at the general election which is conducted in that year in which the term of office expires, and shall take office on the first day of January following such election for a term of four years and until his successor is duly elected and qualified. Any person desiring to offer as a candidate for election as chairman of said board shall specifically designate that he is running for the Chairman of the Board of Commissioners of Newton County. No person shall be eligible to serve as Chairman of the Board of Com missioners of Newton County unless he is at least 21 years of age, a freeholder, and has been a resident of the State at least one year and a resident of Newton County for at least six months immediately preceding the date of the election. In the event the chairman moves his residence from Newton County, the office of chairman shall be declared vacant.
Section 1-106. The Chairman of the Board of Commissioners of Newton County shall receive a salary of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County. The members of the board shall receive $200.00 per month, plus actual and necessary expenses incurred in carrying out their official duties.
Section 1-107. The chairman and all board members are hereby authorized to receive not in excess of $25.00 per day for actual and necessary expenses, exclusive of mileage or transportation fares actually expended, when said chairman and board members are out of town overnight on county business. All actual and necessary expenses paid to the chairman and any board member shall be paid only upon presentation of an itemized statement of said ex penses. All board members and the chairman shall turn in an itemized statement each month of mileage, which shall be set at 10 cents per mile, and other expenses each month before a check is issued.

Section 1-108. The commissioners, before entering upon their duties of office, shall give a good and sufficient bond to be approved by the judge of the probate court of said county in the sum of $10,000.00 for the faithful discharge of their duties as county com missioners. For any violations or neglect of duty as provided by this Act, said bonds shall become actionable, suit thereon to be brought in the name of the judge of the probate court of said county, for the use of any person damaged thereby, or for the County of Newton for any breach thereof by malfeasance or mis feasance in office or for any tort, or wrong committed under color of his office. The commissioners shall, before entering upon the

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2631

duties of their office, make oath before the judge of the probate court of said county to faithfully administer all things and affairs coming under their jurisdiction as county commissioners to the best interests of said county and to carry out the provisions of this Act.

Section 1-109. The board shall have a clerk to keep all books and records of said board. Said clerk shall perform all duties re quired of him by said board in keeping all the records and minutes of meetings of the board and keeping the board's office open and all records open to public inspection by any taxpayer of Newton County. Said clerk shall receive such compensation as shall be determined by the board, which compensation shall be payable from the funds of Newton County.

Section 1-110. It shall be unlawful for any candidate for elec tion to the board or for any nomination therefor to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or shall be under the control of the board, and any person so offending shall be ineligible to hold said office, and upon conviction shall be punished as for a misdemeanor.

Section 1-111. In the event a vacancy occurs on the Board of Commissioners of Newton County by death, resignation or other wise, the remaining members shall appoint a person to fill such vacancy until the next general election, at which time a successor shall be elected for the unexpired term. Any person appointed by the board to fill a vacancy shall reside within the commissioner district in which said vacancy occurred, and any person elected to fill a vacancy shall reside within the commissioner district in which said vacancy occurred and shall be elected in the same manner as the member whose position is vacant. In the event a vacancy occurs in the office of Chairman of the Board of Commissioners of Newton County by death, resignation or otherwise, the board of commissioners shall appoint a person to fill such vacancy until the next general election, at which time a person shall be elected to fill such vacancy for the unexpired term.

Article 2.
Powers and Duties of the Board of Commissioners and the Chairman
Section 2-101. The Board of Commissioners of Newton County shall be the policymaking body of Newton County. The Chairman of the Board of Commissioners of Newton County shall be the administrative officer of the county and unless otherwise prohibited, his acts shall be binding unless three members of the board shall make their objections known within thirty days of his act, stating the reasons therefor, at an official meeting of the board, or if a meeting is not scheduled to be held prior to said action by said chairman, then three members of the board shall make their objec tions known to the chairman, in writing, stating their objections and the reasons therefor, and said action by the Chairman shall

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be stayed until the next official meeting of the board. At such of ficial meeting of the board, a majority of said board may vote to override the action of the chairman and thereby render his prior action nugatory. The chairman may vote on a question only when the members of the board shall be evenly divided thereon.

Section 2-102. The board of commissioners shall at no time enter into administrative acts, contact employees or personnel of said county in relation to any duty or work habits of said employee, request any service or actions on the part of said employee except through the chairman, unless as hereinafter set out in Sections 2-103 and 2-107.

Section 2-103. The chairman of the board of commissioners shall have power and authority to hire and fire all employees of the road and bridge department. The chairman shall have power and authority to hire and fire other county employees with the ap proval of a majority of the board; provided, however, the chairman and the board shall have no authority to hire and fire employees of other elected county officials and the Board of Tax Appraisers. The salary and wage ranges and numbers of employees in each range shall be set by the board at their first meeting of such fiscal year. It shall be at the discretion of the chairman as to the amount to be paid within said range. The chairman shall report to the board at its regular monthly meetings all positions to be filled in the ensuing month and all suspensions or replacements thereof which took place in the prior month. All said reports shall be spread upon the minutes of the board.

Section 2-104. The board shall set all specifications for work to be done in the county, such specifications may be delegated to the chairman but only by an affirmative vote of three (3) members of the board. The board shall make periodic inspections of the county properties and of the work being carried on by the county and the board shall, upon request, make report to the first grand jury meeting in Newton County each calendar year of the financial condition of Newton County and of the progress of the works being carried on by the county.

Section 2-105. Should the chairman fail to exercise any of his duties provided for by law, then a member of the board, at the next regular meeting, may bring an accusation against such chair man in writing and outlining the duties which such chairman has failed to exercise, and order said chairman to show cause why such duties have not been exercised. Such accusation shall be entered in the minutes of the meeting. The chairman shall then be afforded an opportunity to respond to such charges and show cause why such duties have not been exercised, if in fact such duties were not exercised. Such response shall also be entered in the minutes of the meeting. If, after such accusation, response and further discussion, a majority of the board, excluding the chairman, feels that it is necessary for the welfare of the county to compel such chairman to exercise such duties, the board may exercise the duty themselves or may make a written request to the Judge of

THURSDAY, MARCH 4, 1976

2633

the Superior Court of Newton County to issue a writ of mandamus commanding the chairman to exercise such duties.

Section 2-106. The board of commissioners shall have the authority to hire a clerk of the board and may also hire a deputy clerk.

Section 2-107. The board of commissioners shall elect the county attorney by affirmative vote of three of the members of the board, and he shall serve at the pleasure of the board.

Article 3. Meetings of the Board of Commissioners

Section 3-101. The board of commissioners shall hold two meetings per month which shall be called the regular monthly meetings of the Board of Commissioners of Newton County, and the board shall designate at their first meeting of the year what days of the month said regular meetings shall be held. There shall be such other special or called meetings as may be called by the chairman during each month, and upon the refusal of the chairman to call any special or called meeting, requested by a member, then said meeting may be held by said member posting with the clerk of the county commissioners his notice, in writing, at least one day in advance, of said meeting his intention of holding said meeting, the reason for holding said meeting, and same shall have affixed thereto the signature of two members of the board of commissioners, including the member requesting the meeting.

Section 3-102. Any matters which any individual member wishes to be brought before the board shall be submitted to the chairman in writing on the day previous to the regular meeting day or on the day previous to such called' meeting. If the chairman is out of town or cannot be located or reached, said notice may be given by leaving a written copy of the matter to be brought before the board with the clerk of the board of commissioners.

Section 3-103. All matters so requested by the board shall be entered upon a calendar prepared by the chairman, along with matters to be brought before the board by the chairman, in an orderly fashion for the deliberations of the board.

Section 3-104. No person or any employee or official of Newton County shall be called before said board except by the chairman. Should the chairman refuse to call any person before the board, as requested by any member of the board, then upon the vote of three of the members of the board, the board may direct to the clerk to call such person or county employee or official before the board; all such directions by the board shall be spread upon the minutes of the board.

Section 3-105. Should the chairman be absent from any meet ing, then the board may require, by a vote of three of the members of the board, the clerk to call such person, county employee, or

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official before said board. In the event of, the absence of the chairman, the board may elect a vice chairman who shall act as the chairman during the absence of the chairman.

Article 4. Finance

Section 4-101. (a) The board of commissioners shall prepare a budget for the ensuing fiscal year to begin July 1st of each year and going through June 30th of the following year. The budget shall be prepared by the 15th of June of each year, said budget to be published in the legal organ, wherein the sheriff's advertisements appear in Newton County, by the first week in July of each year. Said budget shall set forth all the anticipated revenues for the ensuing fiscal year, and all anticipated expenditures for the ensuing fiscal year setting forth in detail all categories where funds are to be received or expended. Said budget shall not exceed the anticipated revenues of Newton County as based upon the tax digest for the current tax year as approved and upon such other moneys as were received by Newton County from all other sources during the previous fiscal year.
(b) Notwithstanding any other provision of any other law to the contrary, the Judge of the Probate Court, the Sheriff, the Clerk of the Superior Court and the Tax Commissioner of Newton County shall prepare budgets for the ensuing fiscal year based on the same fiscal year as the board of commissioners and shall submit such budgets by June 1 of each year.
Section 4-102. Notwithstanding any provision of the law to the contrary, with regard to the budget of any elected official of Newton County, who is required under law to submit a budget for the operation of his office to the board of commissioners, said commissioners shall have the power and authority to determine the amounts which shall represent the final budget of said official and only those amounts so determined by said board shall be paid from the funds of the county. After the board of commissioners approve the budget of the elected officials of Newton County, it will become the responsibility of the elected official to administer the budget.
Section 4-103. The chairman shall keep a book of vouchers signed by the party or parties from whom supplies may be bought and by such party or parties itemized in every important particular, stating the number of articles or pounds, etc., rate, price, the purpose for which to be used, and the total amount received. The chairman shall keep all vouchers properly bound and accessible to public inspection and for the use of the grand jury or the auditor. Any purchases of items whose aggregate purchase price shall be in excess of $500.00 shall be approved by the full board before being authorized.

Section 4-104. The chairman, before making any purchase which individually or in an aggregate is in excess of $500.00, shall have the approval of the majority of the board and competitive

THURSDAY, MARCH 4, 1976

2635

bids shall be taken; 'however, said bids may be waived by the unanimous consent of the board with all five board members and the chairman signing said purchase order and said purchase order being entered into the minutes of the meeting when approved.
Section 4-105. The chairman shall carry out all road work, have complete control as to the manner and methods which said road projects are to be carried out; however, prior to the beginning of construction on any road or road project, the chairman shall bring said project to the attention of the board, giving an estimated cost of its completion, including all labor, materials and subcontract costs which would be encountered therein.
The board of commissioners shall designate what road work, building or other works of the county, which shall be taken up by the chairman. All such instructions shall be entered into the minutes. The board shall not authorize or set forth any expenditures which would cost in excess of the amount of funds budgeted. No work shall be instituted without the affirmative vote of three commissioners, excepting the chairman.
Section 4-106. The Chairman's signature is required on all checks or vouchers issued by Newton County and any voucher issued and/or signed by the chairman, shall be deemed to be signed with his full knowledge of the intent and purposes for which said check or voucher was issued.
Section 4-107. The chairman shall present to the board of commissioners at their first meeting in each month a financial statement showing to the commissioners expenditures and income of the previous month.
Section 4-108. One of the members of the board of com missioners so designated shall sign e'ach voucher check along with the chairman of the board of commissioners. Said board shall designate from its membership such member to sign such checks and vouchers. It shall be deemed that any voucher issued and/or signed by said member of the board was signed with the full knowledge and cognizance of what said voucher or check was paid for and purposes for which same is or was to be used. Any check or voucher so signed or issued by said member shall be considered the action of all members of the board unless objected to, in writing, within sixty (60) days after issuance.

Section 4-109. The chairman shall, at the end of each month, make out an itemized account of all the transactions of his office, stating the amount of money or moneys received and from what source, the amount of money or moneys expended and for what purposes during that month, and post the same on the bulletin board at the courthouse within ten days after the end of each month, there to remain for a period of thirty days. He shall undersign each monthly statement so posted and make oath as to the correctness of same before the judge of the probate court of said county.

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JOURNAL OF THE SENATE,

Section 4-110. It shall be a misdemeanor for any member of the board, the clerk or anyone serving under the board or anyone employed upon the road force of Newton County to have any financial interest in the sale or purchase of any article or work done to or from the county. Any person so offending shall upon conviction be punished as for a misdemeanor.

Section 4-111. The board of commissioners in January follow ing each election year shall appoint a board of auditors or auditor who shall be certified public accountants to audit the books and accounts of the board, the sheriff, the judge of the probate court, the tax commissioner, and the clerk of the superior court, and it shall be the duty of said auditor and the board to audit all the books, accounts, and transactions of the board, the sheriff, the judge of the probate court, the tax commissioner, and the clerk of the superior court, and said auditors shall have the power to examine on oath all commissioners or any other public official set out herein or any person serving under the board or any other public official set out herein relative to any account or item on said books and accounts or any transaction in said office. Said auditor shall perform its duties herein prescribed and submit a report of its findings to the grand jury sitting at the fall term of the Newton Superior Court. The board employing said auditors shall prescribe what sum shall be paid for said work and said board shall be required to draw its warrant for this amount and pay said auditors as the case may be for their services in this behalf. Said report to be published in county newspapers where legal advertisements are published."
Section 2. This Act shall become effective on January 1, 1977, except for the provisions of Section 1-105, contained in Section 1 of this Act, necessary for the election of the chairman of the board of com missioners at the 1976 general election which shall become effective upon the approval of this Act 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 Ballard of the 45th moved that the Senate adopt the Conference Committee Report on HB 926.

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

Those voting in the affirmative were Senators:

Ballard Barker 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

THURSDAY, MARCH 4, 1976

2637

Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McDuff ie McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Banks Duncan Gillis

Hill Holley Holloway

Russell Stephens Young

On the adoption of the Conference Committee Report, the yeas were 47, nays 0, and the Conference Committee Report on HB 926 was adopted.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting member of the board of tax assessors in all counties.

Senator Langford of the 51st moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1376.

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

Senators Langford of the 51st, Broun of the 46th and Doss of the 52nd.

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

2638

JOURNAL OF THE SENATE,

HB 1564. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act known as the "Children and Youth Act", so as to provide that a child committed to the Department of Human Resources who has escaped from one of its institutions or who has broken the conditions of a conditional release shall be taken into custody by a sheriff, probation officer or parole officer upon written request of an employee of the Department.

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

On the passage of the bill, a roll call was taken, 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 Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Those not voting were Senators:

Duncan Garrard Gillis

Hill Holley McDowell

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

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1600. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th: Senate Sponsor: Senator Warren of the 43rd. A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes in certain counties.

THURSDAY, MARCH 4, 1976

2639

The Senate Committee on Banking, Finance and Insurance offered the following substitute to HB 1600:

A BILL

To be entitled an Act to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, so as to provide that where the owner has failed to return property for taxes during the period in which the books were open, the penalty provided for unreturned property shall apply only to such property as the owner has acquired since his last tax return or improve ments on existing property since his last tax return, and which was not returned prior to the expiration of the time for making tax returns; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, is hereby amended by adding at the end thereof the following new paragraph:

"Where the owner of property fails to return property by himself or his agent as provided by law while the tax books are open, the penalty for unreturned property provided in this Section shall apply only to such property as the owner has acquired since his last tax return or improvements on existing property since his last tax return, and which was not returned prior to the expiration of the time for making tax returns."

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 substitute was adopted.

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

On the passage of the bill, a roll call was taken, 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 Garrard Hamilton of 26th

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JOURNAL OF THE SENATE,

Hamilton of 34th 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 Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Doss Duncan

Fincher Foster Gillis

Hill McDowell Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1613. By Representatives Coleman of the 118th, Foster of the 152nd v Matthews of the 145th and others:
Senate Sponsor: Senator McGill of the 24th.
A bill to provide that it shall be unlawful for the State, any branch, department, agency, board or commission of the State, any county, municipality, board of education, or other political subdivision, or any officer, agent or employee of any of the foregoing to purchase or authorize the purchase of beef under certain conditions.

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

On the passage of the bill, a roll call was taken, 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 6th Dean of 31st Doss Duncan

Eldridge Foster Gillis Hamilton of 34th Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh

THURSDAY, MARCH 4, 1976

2641

Summers Button Tate

Thompson Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Barker Broun of 46th Coverdell Fincher

Garrard Hamilton of 26th Hill Holley

Hudson Shapard Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1618. By Representatives Baugh of the 108th, Parham of the 109th, Petro of the 46th and Calhoun of the 88th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to repeal certain provisions relating to the licensing of osteopaths; to change the penalty for the unlawful practice of medicine from a misdemeanor to a felony; to provide an effective date.

The Senate Committee on Human Resources offered the following substitute toHB 1618:
A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved March 16, 1970 (Ga. Laws 1970, p. 301), so as to repeal certain pro visions relating to the licensing of osteopaths; to change the penalty for the unlawful practice of medicine from a misdemeanor to a felony; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA :
Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved March 16, 1970 (Ga. Laws 1970, p. 301), is hereby amended by repealing Code Section 84-907.1, relating to the licensing of osteopaths, in its entirety.
Section 2. Said Code Chapter is further amended by striking Code Section 84-9914 in its entirety and inserting in lieu thereof a new Code Section 84-9914, to read as follows:
"84-9914. Practicing medicine illegally. Any person guilty of practicing medicine without complying with the provisions of Chap-

2642

JOURNAL OF THE SENATE,

ter 84-9, or any person who shall violate the provisions of said Chapter, shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, or by a term of from two to five years in the peni tentiary, or both. Any person presenting or attempting to file as his own the diploma or certificate or credentials of another, or who shall give false or forged evidence of any kind to the State Board of Medical Examiners or any member thereof in connection with an application for a license to practice medicine, or shall practice medicine under a false or assumed name, or shall falsely impersonate any other practitioner of a like or different name, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, or by a term of from two to five years in the penitentiary, or both."

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 yeas were 33, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, 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

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

Reynolds Riley Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

THURSDAY, MARCH 4, 1976

2643

Those not voting were Senators:

Foster Garrard Hill

Holley Russell Shapard

Timmons

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 1628. By Representatives Mostiler and Carlisle of the 71st, Gammage of the 17th and Adams of the 14th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend an Act known as "The Dealers in Used Motor Vehicle Parts Registration Act" so as to change 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, a roll call was taken, 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 Gillis Hamilton of 26th Hamilton of 34th Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie McGill Overby Pearce Reynolds

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

Those not voting were Senators:

Barker Barnes Garrard Hill

Holley Holloway Howard Langford

Lester Russell Shapard Timmons

On the passage of the bill, the yeas were 44, nays 0.

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

2644

JOURNAL OP THE SENATE,

HB 1674. By Representatives Walker of the 115th, Culpepper of the 98th, Snow of the 1st and others:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend an Act relating to trials at the first term so as to repeal the provisions relative to divorce cases; 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, a roll call was taken, 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 Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

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

Those not voting were Senators:

Barnes Dean of 31st Fincher Hill

Holley Holloway Howard Hudson

Langford Timmons Warren

On the passage of the bill, the yeas were 45, nays 0.

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

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1706. 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 that the State Revenue Commissioner may by regulation provide for the collec tion of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps.

THURSDAY, MARCH 4, 1976

2645

Senator Riley of the 1st moved that the Senate insist upon its substitute to HB 1706.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 1706.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Com mission to advise the State Board of Education concerning the prepara tion, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide an effective date.

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

HB 1704. By Representatives Burruss of the 21st, Nix of the 20th, and Cooper and Wilson of the 19th:
Senate Sponsor: Senator Ballard of the 45th.
A bill to amend an Act providing for the regulation of the installation of warm air heating equipment so as to change the provisions relative to the composition of the Board of Examiners of Warm Air Heating Contractors.

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

On the passage of the bill, a roll call was taken, 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 Dean of 31st Doss Duncan Eldridge

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

2646

JOURNAL OF THE SENATE,

Howard 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

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Barnes Bond

Hill Holley

Timmons

On the passage of the bill, the yeas were 50, nays 1.

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

HB 1720. By Representatives Parkman and Glanton of the 66th, Long of the 142nd and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend Code Section 79A-9917, relating to conditional discharge for possession of certain drugs as a first offense, as amended, so as to provide that certain offenses of possession of one ounce or less of marijuana may be tried in certain courts of municipalities.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard Gillis

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

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

THURSDAY, MARCH 4, 1976

2647

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Barnes Bond Carter

Dean of 31st Hill Holley

Tate Timmons

On the passage of the bill, the yeas were 47, nays 1.

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

HB 1744. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: 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, as amended, so as to change the amount of grants to be made to students.

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

On the passage of the bill, a roll call was taken, 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 Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 34th Holley Holloway Howard Hudson 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

Voting in the negative was Senator Hamilton of the 26th.

Those not voting were Senators:

Bond Carter Dean of 31st

Duncan Hill Hudgins

Pearce Tate Timmons

2648

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 46, nays 1.

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

HB 1748. By Representative Battle of the 124th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act known as the "Registration of Geologists Act of 1975" so as to change certain Section numbers; to change certain dates; to change the provisions relative to minimum qualifications for registered geologists.

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

On the passage of the bill, a roll call was taken, 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 Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby Pearce Reynolds

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

Those not voting were Senators:

Dean of 6th Dean of 31st Hill Holloway

Hudgins Langford McGill Stumbaugh

Tate Timmons

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

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

THURSDAY, MARCH 4, 1976

2649

HB 1756. By Representatives Baugh of the 108th and Parham of the 109th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to create a Joint Advisory Board of Family Practice to further the supply of competent family physicians; to provide for the member ship, selection, powers, duties and authority of the Board; to provide for severability; 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, a roll call was taken, 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 Foster Garrard Gillis

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

Those not voting were Senators:

Bond Dean of 31st Duncan

Fincher Hill Holloway

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

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

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

HB 1773. By Representatives Childs of the 51st, Walker of the 115th, Culpepper of the 98th and others:
Senate Sponsor: Senator Lewis of the 21st.
A bill to amend Code Title 53, relating to husband and wife, as amended, so as to change the minimum age provisions for marriage licenses; to provide for the destruction of the physician's certificate of pregnancy of the female for underaged marriages; to change the provisions relative to parental consent to marriage.

2650

JOURNAL OF THE SENATE,

Senator Stumbaugh of the 55th offered the following amendment:

Amend HB 1773 by adding, following the word "acts" on line 13 of Page 1, the following:

"; to provide for an effective date".

By renumbering Section 6 as Section 7.

By adding, following Section 5, a new Section 6 to read as follows:

"Section 6. 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 29, nays 0, and the amend ment was adopted.

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

On the passage of the bill, a roll call was taken, 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 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
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Hill

Holloway

Timmons

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

THURSDAY, MARCH 4, 1976

2651

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

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1302. By Representative Lane of the 81st:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to creditable service for leaves of absence.

Senator Lester of the 23rd moved that the Senate recede from its amendment to HB 1302.

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 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 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

Those not voting were Senators:

Hill Holloway

Timmons

Warren

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 1302.

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

2652

JOURNAL OF THE SENATE,

HB 1784. By Representative McDonald of the 12th:
Senate Sponsor: Senator Ballard of the 45th.
A bill to amend Code Chapter 26-13, relating to the crimes of bodily injury and related offenses, so as to provide for the crime of assault upon a law enforcement officer; 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, a roll call was taken, 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 Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Russell Shapard Starr Stephens Summers Button Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Hill

Pearce Stumbaugh

Timmons

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1795. By Representatives Whitmire, Wood and Jackson of the 9th:
Senate Sponsor: Senator Kennedy of the 4th.
A bill to amend Code Section 26-3001, relating to unlawful eavesdropping and surveillance, so as to provide that certain activities shall not be unlawful; to authorize the use of surveillance cameras and equipment in prisons, penitentiaries, jails, correctional institutions and certain other facilities.

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

THURSDAY, MARCH 4, 1976

2653

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

Those voting in the affirmative were Senators:

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

Garrard Hamilton of 26th Hamilton of 34th Holley 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 Young

Those not voting were Senators:

Bond Coverdell Gillis

Hill Hudgins Pearce

Timmons Warren

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

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

HB 1877. By Representative Rainey of the 135th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish so as to change the provisions relative to certain license fees and the fees of license agents.

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

On the passage of the bill, a roll call was taken, 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

2654

JOURNAL OF THE SENATE,

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 Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Hill

Holloway Russell

Sutton

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1902. By Representative Connell of the 87th:
Senate Sponsor: Senator Riley of the 1st.
A bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act so as to provide that credit in the amount of tax actually paid in a State which does not grant like credit for taxes paid in Georgia shall be given in respect to certain uses of tangible personal property.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Holley Holloway Howard Hudgins Hudson Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

THURSDAY, MARCH 4, 1976

2655

Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner

Tysinger Warren Young

Not voting was Senator Hill.

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1907. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend Code Chapter 88-13 known as the "Georgia Radiation Control Act" so as to amend the policy declared; to provide certain requirements relative to the administration of a radiation control pro gram.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDuffie McGill Overby

Pearce Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 31st Duncan Hill

Langford McDowell Reynolds

Riley Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed

2656

JOURNAL OF THE SENATE,

HB 1939. By Representative Logan of the 62nd:
Senate Sponsor: Senator Broun of the 46th.
A bill to amend an Act creating the Georgia State Board of Nursing Homes so as to provide that it shall be unlawful for any person not licensed under said Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Doss Eldridge Fincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard
Hudson Kennedy Kidd Langford Lester Lewis McDuffie
McGill
Overby

Pearce Reynolds Riley Russell Shapard
Starr Stumbaugh Button Tate Thompson Traylor
Turner
Warren Young

Those not voting were Senators:

Carter Coverdell Dean of 6th Dean of 31st Duncan

Hill Holloway Hudgins McDowell Robinson

Stephens Summers Timmons
Tysinger

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1968. By Representative Phillips of the 59th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes so as to change the fine for violation of such resolutions.

THURSDAY, MARCH 4, 1976

2657

Senator Carter of the 14th moved that HB 1968 be tabled.

On the motion to table, 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 Barker Carter Fincher Gillis Hamilton of 26th Hamilton of 34th Holley

Holloway Hudgins Lester Lewis McGill Pearce Riley Robinson

Starr Stephens Sutton Tate Traylor Young

Those voting in the negative were Senators:

Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Doss Duncan Eldridge

Foster Garrard Howard Kennedy Kidd McDuffie Overby Reynolds Russell

Shapard Stumbaugh Summers Thompson Turner Tysinger Warren

Those not voting were Senators:

Banks Bond Dean of 6th

Dean of 31st Hill Hudson

Langford McDowell Timmons

On the motion to table, the yeas were 22, nays 25 , and the motion 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, a roll call was taken, 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 Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard

2658

JOURNAL OF THE SENATE,

Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Summers

Button Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Barnes and Holley.

Those not voting were Senators:

Bond Dean of 31st Hill

Hudson Langford Stumbaugh

Timmons

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 2079. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act requiring the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects so as to change the date upon which such reports are to be furnished to the members of the General Assembly; 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren Young

THURSDAY, MARCH 4, 1976

2659

Those not voting were Senators:

Banks Bond Broun of 46th Garrard

Hill Holloway Langford Reynolds

Starr Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 600. By Representatives Mann, .Clark and Milford of the 13th: Senate Sponsor: Senator Overby of the 49th. A resolution authorizing the State Librarian to furnish the Elbert County Law Library with certain books.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, 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 Dean of 6th Dean of 31st Doss Eldridge Foster Gillis Hamilton of 26th

Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Bond Brantley Coverdell Duncan

Fincher Garrard Hill Holloway

McDowell Riley Starr Summers

2660

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

HR 614. By Representatives Wheeler of the 152nd, Ross of the 76th, Jordan of the 58th and others:
Senate Sponsor: Senator Carter of the 14th.
A resolution creating the Education Laws Study Committee.

The Senate Committee on Education offered the following amendment:
Amend HR 614 by striking on Page 1, line 25, the semicolon follow ing the word "expedient" and inserting in lieu thereof of the following:
"and upon a two-thirds vote of the membership thereof,";
and
By striking on Page 2, line 8, the words "is further" and inserting in lieu thereof the following:
", upon the request of the Education Laws Study Committee by a two-thirds vote of the membership thereof, shall be".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard 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 34th Holley Howard Hudgins Kennedy Kidd Langford Lester

THURSDAY, MARCH 4, 1976

2661

Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Stumbaugh Summers Sutton

Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Barker Bond Coverdell

Hamilton of 26th Hill Holloway (presiding) Hudson

Starr Stephens Tate Thompson

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 803. By Representatives Lambert of the 112th, Carlisle of the 71st and Lane of the 81st:
Senate Sponsor: Senator Reynolds of the 48th.
A RESOLUTION
Proposing an Amendment to the Constitution so as to authorize the General Assembly to provide for the receipt, administration, and dis bursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, water ways, airports, and port facilities; to provide for the exercise of the powers of taxation and the expenditure of public funds in connection therewith; to provide for the submission of this Amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article V, Section XI of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Paragraph IV. Intermodal Transportation Funds. The Gen eral Assembly is authorized, notwithstanding any other provisions of this Constitution except those provisions relating to taxes on motor fuels, to provide by law for the receipt, administration, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, rail-

2662

JOURNAL OP THE SENATE,

roads, buses, terminals, waterways, airports, and port facilities and to exercise the powers of taxation and provide for the ex penditure of public funds in connection therewith."

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 the State can receive federal funds for transportation purposes and
( ) NO to authorize the General Assembly to provide by law for the receipt, administration, and disbursement of said funds?"

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 taken, 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 Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Gillis Hamilton of 26th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Warren Young

THURSDAY, MARCH 4, 1976

2663

Those not voting were Senators:

Barker Coverdell Garrard Hamilton of 34th

Hill Holloway (presiding) Hudgins McDowell

Russell Stephens Tate Tysinger

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 472. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A bill to provide that landlords shall account to their tenants for interest on security or damage deposits placed with the landlord; to provide the procedures connected therewith.

The House substitute to SB 472 was as follows:
A BILL
To be entitled an Act to amend Code Title 61, relating to landlord and tenant, as amended, so as to revise said Code Title; to change pro visions relative to certain parol contracts; to prohibit the waiver of cer tain provisions of law by a landlord or a tenant; to make certain agree ments relative to the payment of attorney's fees void; to require the dis closure of certain information to a tenant; to provide for the conse quences of failure to disclose; to authorize the enactment of ordinances relating to security devices to protect tenants; to change the provisions relative to the filing of an answer under Code Chapter 61-3; to authorize opening defaults under Code Chapter 61-3 within a certain period of time; to provide for the regulation of security deposits; to provide definitions; to require security deposits to be placed in escrow or secured by a bond; to provide for inspection of residential rental property prior to and after tenancy; to provide conditions precedent to the recovery of security deposits and to liability for damages to such prop erty; to provide for the return of security deposits; to provide for the enforcement of the provisions relative to security deposits and inspec tions; to provide exemptions; to provide penalties; 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 61, relating to landlord and tenant, as amended, is hereby amended by adding before the first sentence of

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JOURNAL OF THE SENATE,

Code Section 61-102, relating to the creation of the relationship of landlord and tenant, the following:
"(a)",

by striking in said Code Section the following:
", and if made for a greater time shall have the effect of a tenancy at will",
and by adding following the first sentence of said Code Section, the following:
"(b) A landlord or tenant may not waive, assign, transfer, or otherwise avoid in any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place any of the rights, duties, or remedies contained in the following provisions of law, as now or hereafter amended:
(1) Code Section 61-111, relating to duties of a landlord as to repairs and improvements.
(2) Code Section 61-112, relating to the liability of a landlord for failure to repair.
(3) Ordinances adopted pursuant to Section 18 of the Urban Redevelopment Law (Ga. Laws 1955, p. 354).
(4) Code Chapter 61-3, relating to proceedings against tenants holding over.
(5) Code Chapter 61-4, relating to distress warrants.
(6) Code Chapter 61-6, relating to security deposits.
(7) Any applicable provision of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609) not superseded by this Code Title.
(c) A provision for the payment of the attorney's fees of the landlord by the tenant upon breach of a rental agreement by the tenant contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place shall be void unless the provision also provides for the payment of the attorney's fees of the tenant by the landlord upon breach of the rental agreement by the landlord.",

so that when so amended, Code Section 61-102 shall read as follows:

"61-102. How relationship created.-- (a) Contracts creating the relation of landlord and tenant for any time not exceeding one
year may be by parol.

THURSDAY, MARCH 4, 1976

2665

(b) A landlord or tenant may not waive, assign, transfer, or otherwise avoid in any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place any of the rights, duties, or remedies contained in the following provisions of law, as now or hereafter amended:

(1) Code Section 61-111, relating to duties of a landlord as to repairs and improvements.

(2) Code Section 61-112, relating to the liability of a landlord for failure to repair.

(3) Ordinances adopted pursuant to Section 18 of the Urban Redevelopment Law (Ga. Laws 1955, p. 354).
(4) Code Chapter 61-3, relating to proceedings against tenants holding over.
(5) Code Chapter 61-4, relating to distress warrants.
(6) Code Chapter 61-6, relating to security deposits.
(7) Any applicable provision of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609) not superseded by this Code Title.
(c) A provision for the payment of the attorney's fees of the landlord by the tenant upon breach of a rental agreement by the tenant contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place shall be void unless the provision also provides for the payment of the attorney's fees of the tenant by the landlord upon breach of the rental agreement by the landlord."
Section 2. Said Code Title is further amended by adding following Code Section 61-102, relating to the creation of the relationship of landlord and tenant, a new Code Section to be designated Code Section 61-102.1, to read as follows:
"61-102.1. Disclosure of Ownership. A landlord, agent, or any other person authorized to enter into a rental agreement on behalf of a landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the following:
(a) the owner of record of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for demands and notice, and
(b) the person authorized to manage the premises.
In the event that any of the names and addresses required to be contained in said statement change, the landlord shall advise each tenant of the change in writing, or by posting a notice of the change in a conspicuous place, within thirty days after the change.

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JOURNAL OP THE SENATE,

A person who enters into a rental agreement on behalf of an owner or landlord, or both, and who fails to comply with the disclosure requirements in (a) and (b) above becomes an agent of owner or landlord, or both, for service of process and receipting for notices and demands, for performing the obligations of the landlord under this Title and for expending or making available for the purpose of fulfilling such obligations all rent collected from the premises."

Section 3. Said Code Title is further amended by adding following Code Section 61-102.1, relating to disclosure of ownership, a new Code Section to be designated Code Section 61-102.2, to read as follows:

"61-102.2. Ordinances Relating to Security Devices Authorized, (a) Municipalities and counties may establish by local ordinance minimum security standards, not in conflict with applicable fire codes, to prevent the unauthorized entry of premises occupied by a tenant as a dwelling-place and require landlords to comply with such standards.

(b) This Section shall be cumulative to and shall not prohibit the enactment of other general and local laws, rules and regulations of State or local agencies, and local ordinances on this subject."

Section 4. Said Code Title is further amended by striking in subsection (b) of Code Section 61-302, relating to the service of a summons in a dispossessory proceeding on a defendant, the following:

"appear at a hearing on a day certain not less than five nor more than twenty days from the date of actual service.",

and substituting in lieu thereof, the following:

"answer either orally or in writing within seven (7) days from the date of actual service unless the seventh day is a Saturday, Sunday or legal holiday in which case the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant's response. The last possible date to answer
shall be stated on the summons.",

so that when so amended, subsection (b) of Code Section 61-302 shall read as follows:

"(b) The summons served on the defendant pursuant to sub section (a) shall command and require the tenant to answer either orally or in writing within seven (7) days from the date of actual service unless the seventh day is a Saturday, Sunday or legal holiday in which case the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory

THURSDAY, MARCH 4, 1976

2667

affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant's response. The last possible date to answer shall be stated on the summons."

Section 5. Said Code Title is further amended by striking in Code Section 61-303, relating to answer and trial in a dispossessory proceed ing, the following:

"At or before the time of the hearing, the defendant may answer in writing. Also the defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense, or counterclaim. If the tenant fails to answer, the court shall issue a writ of possession; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-301 were supported by proper evidence without the intervention of a jury.",

and substituting in lieu thereof, the following:

"If the tenant fails to answer at or before the date provided in Section 61-302 (b), the tenant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of Section 55 of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609), as now or hereafter amended. If the seventh day is a Saturday, Sunday or legal holiday, then the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. Such date shall be stated on the summons. If the tenant fails to answer or open the default, the court shall issue a writ of possession; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-301 were supported by proper evidence without the intervention of a jury.",

so that when so amended, Section 61-303 shall read as follows:

"61-303. Answer and Trial.--If the tenant fails to answer at or before the date provided in Section 61-302(b), the tenant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of Section 55 of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609), as now or hereafter amended. If the seventh day is a Saturday, Sunday or legal holiday, then the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. Such date shall be stated on the summons. If the tenant fails to answer or open the default, the court shall issue a writ of possession; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-301 were supported by proper evidence without the inter vention of a jury.

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JOURNAL OF THE SENATE,

If the tenant answers, a trial of the issues shall be had in accordance with procedure prescribed for civil actions in courts of record. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that the tenant at the time of his answer pays rent into the registry of the court pursuant to Code Section 61-304."

Section 6. Said Code Title is further amended by adding following Code Chapter 61-5, relating to croppers, a new Code Chapter to be des ignated Code Chapter 61-6, to read as follows:

"61-6. Security Deposits

61-601. Definitions. As used in this Chapter, unless the con text otherwise requires, the term:

(a) 'Security deposit' means money or any other form of security given after July 1, 1976, by a tenant to a landlord to be held by the landlord on behalf of a tenant by virtue of a residential rental agreement including, but not limited to, damage deposits, advance rent deposits, and pet deposits. The term 'security deposit' does not include earnest money or pet fees which are not to be returned to the tenant under the terms of the residential rental agreement.

(b) 'Residential rental agreement' means a contract, lease or license agreement for the rental or use of real property as a dwelling-place.

61-602. Security deposits to be placed in escrow accounts. Ex cept as provided in Section 61-603, whenever a security deposit is held by a landlord or his agent on behalf of a tenant, such security deposit shall be deposited in an escrow account used only for that purpose, in any bank or lending institution subject to regulation by the State of Georgia or any agency of the United States govern ment. Such security deposit shall be held in trust for the tenant by the landlord or his agent, except as provided in Section 61-605. Tenants shall be informed in writing of the location and account number of the escrow account required by this Section.
61-603. Surety bond in lieu of escrow account. As an alternative to the requirement that security deposits be placed in escrow, as provided in Section 61-602, the landlord may post and maintain an effective surety bond with the clerk of the superior court in the county in which the dwelling unit is located in a total amount of the security deposits he holds on behalf of the tenants, or $50,000, whichever is less, executed by the landlord as principal and a surety company authorized and licensed to do business in the State as surety. The surety may withdraw from the bond by giving 30 days written notice by registered mail to the clerk of the superior court in the county in which the principal's dwelling unit is located, pro vided such withdrawal shall not release said surety from any liability

THURSDAY, MARCH 4, 1976

2669

existing hereunder at the time of the effective date of said with drawal. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of Section 61-605, including the return of security deposits in the event of bankruptcy of landlord or foreclosure of the premises, and shall run to the benefit of any tenant injured by the landlord's violation of the provisions of Sec tion 61-605. Said Superior Court Clerk shall receive a fee of five dollars for filing and recording said surety bond and shall also receive a fee of five dollars for cancelling said surety bond. Said Superior Court Clerks shall not be held personally liable should said surety bond prove invalid.
61-604. Inspection, (a) Prior to tendering a security deposit, the tenant shall be presented, for the tenant's permanent retention, with a comprehensive listing of any then existing damage to the premises. The tenant shall have the right to inspect the premises to ascertain the accuracy of such listing prior to taking occupancy. The landlord and the tenant shall sign the listing, which shall then be conclusive evidence of the accuracy of such listing but shall not be conclusive as to latent defects. If the tenant refuses to sign such listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents, and shall sign such statement of dissent.

(b) Within three business days after the date of the termina tion of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive listing of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within 5 business days after the termination of said occupancy to ascertain the accuracy of such listing. The landlord and the tenant shall sign the listing which shall then be conclusive evidence of the accuracy of such listing. If the tenant shall refuse to sign such listing, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make such final inspection within a reasonable time after dis covering the termination of occupancy.

(c) A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (b) of this Section may bring an action to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises, in any court of competent jurisdiction in this State. The tenant's claims shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of this Sec tion. If the tenant fails to sign a listing or to dissent specifically in accordance with the provisions of this Section, the tenant shall not be entitled to recover the security deposit or any other damages under Section 61-606 provided, however, that the listings required under Section 61-604 contain written notice of the tenant's duty to sign such listing or dissent.

61-605. Return of security deposit, (a) A landlord, within one

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month after the termination of the residential lease or the sur
render and acceptance of the premises, whichever occurs last, shall return to the tenant the full security deposit deposited with the landlord by the tenant, except as otherwise provided in this Chapter. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, without negligence, carelessness, accident, or abuse of the premises by the tenant or members of his household, or their invitees or guests. In the event
that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written state ment listing the exact reasons for the retention of any portion of the security deposit. If the reason for retention is based on damages to the premises, such damages shall be listed as provided in Section 61-604. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Section by mailing via first class mail said statement and any payment required to the last known address of the tenant. If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become property of the landlord 90 days from the date the payment was mailed. Nothing in this Section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for with third parties by
the tenant, for unpaid pet fees, or for actual damages caused by the tenant's breach, provided the landlord attempts to mitigate said actual damages.

(b) In any court action in which there is a determination that neither the landlord nor tenant under the provisions of this Chapter is entitled to all or a portion of a security deposit, the jury in a jury case and the judge in all other cases shall determine what would be an equitable disposition of the security deposit, and the judge shall order the security deposit paid in accordance with such disposition.

61-606. Enforcement of the provisions of Chapter 61-6; rem edies, (a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Section 61-602 or a surety bond was not posted in accordance with Section 61-603 and if the initial and final damage listings required by Section 61-604 are not made and provided to the tenant.
(b) The failure of a landlord to provide each of the written statements within the required times specified in Sections 61-604 and 61-605 shall work a forfeiture of all his rights to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises.
(c) Any landlord who fails to return any part of a security deposit required to be returned to a tenant pursuant to this Chapter

THURSDAY, MARCH 4, 1976

2671

is liable to the tenant in the amount of three times the sum im properly withheld plus reasonable attorney's fees; provided, how ever, that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors.

61-607. Exemptions. The provisions for Sections 61-602, 61-603, 61-604, and 61-606 shall not apply to rental units which are owned by a natural person if said natural person, his or her spouse and minor children collectively own ten or fewer rental units; except that this exemption does not apply to units for which management, including rent collection, is performed by third persons, natural or otherwise, for a fee."

Section 7. Said Code Title is further amended by adding at the end of Code Chapter 61-99, relating to criminal provisions applicable to landlord and tenant, a new Code Section to be designated Code Sec tion 61-9905, to read as follows:

"61-9905. False Statements. A person to whom a lawful oath or affirmation has been administered or who executes a document knowing that it purports to be a statement of a lawful oath or af firmation commits a misdemeanor when such person, while under such oath or affirmation, knowingly and willingly makes a false statement in an affidavit signed pursuant to Code Section 61-301 or in an answer filed pursuant to Code Section 61-302. Upon convic tion thereof, such person shall be punished as for a misdemeanor."

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th moved that the Senate agree to the House substitute to SB 472.

On the motion, Senator Holloway of the 12th, President Pro Tempore, 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 Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Gillis Hamilton of 26th Holley

Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

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Pearce Reynolds Riley Robinson Russell Shapard

Starr Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Garrard Hamilton of 34th Hill

Holloway (presiding) Howard

Hudson Stephens

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 472.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 569. By Senators Starr of the 44th and Langford of the 51st: A bill to provide for the creation of a Professional Standards Commission to advise the State Board of Education concerning the preparation of those persons who teach in the school systems or schools of this State; to provide an effective date.
The House amendments to SB 569 were as follows:
1. Amend SB 569 by striking from line 24 on Page 2 the word, "six teen" and inserting in lieu thereof the word, "twenty".
By striking paragraph (3) of subsection (a) of Section 4 (lines SI33 Page 3 and lines 1-2 Page 4) in its entirety and substituting in lieu thereof the following:
"(3) Four faculty members from four State or regionally ap proved teacher education institutions. At least one such appointee shall be employed by a private institution and at least one appointee shall be employed by a public institution."
2. Amend SB 569 as follows:
(1) By striking beginning on line 10 of Page 1, the following:
"a director and".
(2) By striking Section 8 beginning on line 17 of Page 6 in its entirety and substituting in lieu thereof a new Section 8, to read as follows:

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2673

"Section 8. Staff of Professional Standards Commission. The State Department of Education shall provide staff personnel to be utilized by the Commission."

3. Amend SB 569 by striking from lines 8 and 9 of Page 4 the following:

"Statewide professional education organizations and other education organizations",

and inserting in lieu thereof the following:

"Georgians United for Education, and professional education organizations".

4. Amend SB 569 as follows:

(1) By striking on line 27 of Page 4, the following:

"Powers and Duties",

and substituting in lieu thereof, the following:

"Recommendations".

(2) By striking on line 28 of Page 4, the following:

"shall have the powers and duties to",

and substituting in lieu thereof, the following: "may".

5. Amend SB 569 by striking from line 31 on Page 5 the following:
"at least six times per year"; and
By inserting a new sentence immediately following the first sentence of Section 7 at the end of line 6 on Page 6 to read as follows:
"It is specifically provided, however, that no member of the Commission shall be reimbursed from any public funds for such expenses for more than 12 meeting days during each calendar year."

6. Amend SB 569 by adding at the end of Section 5, "Powers and Recommendations", a new subsection to read as follows:

"(d) The Commission shall not make any recommendations relating to compensation, benefits, or working conditions of edu cational personnel in the public schools of Georgia."

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7. Amend SB 569 by inserting the word "training" at the beginning of line 6 on Page 5 immediately preceding the following:
"(staff development)".
8. Amend SB 569 by striking lines 24-27 on Page 5 and inserting in lieu thereof the following:
"(c) The Commission shall keep minutes of its meetings and make an annual written report available for inspection".
9. Amend SB 569 by adding at the end of line 5, Page 4, the follow ing paragraph:
"(5) Three members of local boards of education, each being from a different local board."
10. Amend SB 569 by inserting after the word and semicolon "date;" on line 16, Page 1, the following:
"to provide an expiration date;".
By striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows:
"Section 13. Effective Date and Expiration Date. This Act shall become effective on July 1, 1976, and this act shall expire and stand repealed on June 30, 1979."
Senator Starr of the 44th moved that the Senate disagree to the House amendments to SB 569.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 569.
The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
HR 813. By Representatives Scott of the 37th, Glanton and Parkman of the 66th and others: A resolution creating the Full Employment in Georgia Study Committee.
The Senate Committee on Industry, Labor and Tourism offered the following substitute to HR 813:

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2675

A RESOLUTION

Creating the Full Employment in Georgia Study Committee; and for other purposes.

WHEREAS, all of the citizens of Georgia should be afforded the opportunity to become productive members of society; and

WHEREAS, all possible methods of affording each citizen with employment should be carefully examined; and

WHEREAS, it is the desire of the members of this body to seek all possible methods to provide full employment opportunities in both the public and private sectors of Georgia's economy; and

WHEREAS, the Office of Planning and Budget's Economic Task Force is vitally concerned with the unemployment problem in Georgia; and

WHEREAS, the General Assembly is seeking ways and means to stimulate economic growth and development; and

WHEREAS, full employment attainment will reduce the demands on public funds for welfare and unemployment compensation; and

WHEREAS, the United States Congress is currently placing great emphasis on the full employment issue.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Full Em ployment in Georgia Study Committee. The committee shall be com posed of three members of the House to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, four members who are representatives of private industry to be appointed by the Governor, the Commissioner of the Department of Community Development or his designee, the Commissioner of the Department of Labor or his designee, the Commissioner of the Department of Human Resources or his des ignee, the State School Superintendent or his designee, and four mem bers who have particular expertise in labor economics or productivity to be appointed by the Board of Regents of the University System of Georgia. The committee shall make a thorough study of methods through which full employment in Georgia may be achieved. The committee shall be authorized to meet at such places and times as may be necessary or convenient to carry out the purposes and provisions of this resolution. The Lieutenant Governor shall serve as chairman of the committee, and the committee shall meet upon the call of the chairman. The committee is hereby authorized to consult with such experts as may be necessary to carry out the duties and functions of the committee. Members shall receive the sum of $36.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body. Such members shall be reimbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of

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the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimburse ment for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this Section. Provided, however, if a meeting is held within fifty miles of the member's residence or if the member does not incur a cost of public lodging for the meeting, the per diem authorized by this Section shall be $10.00, but shall receive the same for not more than 15 days unless additional days are authorized by the Speaker of the House of Repre sentatives and the President of the Senate. The remaining members shall receive no additional compensation or expenses for their services. The committee shall recommend any legislation needed for the purpose of creating jobs, enticing new industry to the State and creating condi tions whereby available and trainable manpower is matched with the availability of jobs created by new and expanding industry. The committee shall make a report of its findings to the 1977 session of the General Assembly of Georgia and shall stand abolished on the date the General Assembly convenes in regular session in 1977.

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 adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, 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 Gillis Hamilton of 26th Howard Hudgins Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Voting in the negative was Senator Russell.

Robinson Shapard Starr Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

THURSDAY, MARCH 4, 1976

Those not voting were Senators:

Banks Garrard Hamilton of 34th

Hill Holley Holloway (presiding)

Hudson Lester Stephens

On the adoption of the resolution, the yeas were 46, nays 1.

2677

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

SB 594. By Senators Lester of the 23rd, Lewis of the 21st and Gillis of the 20th: A bill to comprehensively revise and codify the laws of this State reg ulating motor vehicle franchises, farm machinery franchises, and con struction equipment franchises.
The House amendments were as follows:
1. Amend SB 594 by deleting from line 9 of Page 3 the word "motor ized"; and
by adding at the end of line 12 of Page 3 the following:
"Georgia Farm Machinery Manufacturers manufacturing nonmotorized farm machinery employing 15 or less people shall be exempt."; and
by inserting after the word "cancel" in line 17 of Page 13 the following:
"or alter"; and
by inserting after the word "nonrenewal" in line 26 of Page 13 the following:
"or alteration"; and
by deleting from line 32 of Page 13 the word "or"; and
by inserting after the word "cancellation" in line 33 of Page 13 the following:
"or alteration."; and
by inserting after the word "cancelled" in line 11 of Page 14 the following:

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"or altered"; and

by inserting after the word "nonrenewal" in line 16 of Page 14 the following:

"or alteration".

2. Amend SB 594 by inserting in line 29 of Page 14 after the word "price" the following:

"Nothing contained within paragraph (6) shall apply to any motor vehicle which has a gross vehicle weight in excess of 15,999 pounds."

3. Amend SB 594 by inserting in lieu of lines 3 through 11 on Page 6 the following:

"(s) 'Community or Territory' shall mean the geographical area identified as the franchisee's sales area which is identified in the franchise agreement. If there is no sales area or similar area identified in the franchise agreement, then

(1) an area which shall encompass a circle the radius of which shall be 10 miles from the dealer's present place of business; or

(2) any other area which a dealer can establish to the satis faction of the Commission as being that dealer's relevant trade area."

and by striking the word "prevailed" on line 8, Page 18, and substituting in lieu thereof the word "prevented".

Senator Lester of the 23rd moved that the Senate agree to the House amendments to SB 594.

On the motion, Senator Holloway of the 12th, President Pro Tempore, 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 Dean of 6th

Doss Eldridge Fincher Hamilton of 26th Holley Hudgins Hudson Kennedy Kidd Lester

Lewis McDowell McDuffie McGill Overby Pearce Riley Robinson Russell Shapard

THURSDAY, MARCH 4, 1976

2679

Starr Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor

Turner Tysinger Young

Those not voting were Senators:

Barker Coverdell Dean of 31st Duncan Foster

Garrard Gillis Hamilton of 34th Hill Holloway (presiding)

Howard Langford Reynolds Stephens Warren

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 594.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Noble of the 48th, Jordan of the 58th and Williamson of the 45th.
The House has disagreed to the Senate amendment to the following resolution of the House:
HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person and that such person shall not become eligible for parole at any time.

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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:

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
A bill to amend an Act approved March 29, 1937, known as the "Unem ployment Compensation Law" (now Employment Security Law), so as to replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Johnson of the 72nd, Mullinax of the 69th and Carr of the 105th.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.

Senator Tysinger of the 41st moved that the Senate adhere to its amendment to HB 2074 and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate amendment to HB 2074 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Bell of the 5th, Stumbaugh of the 55th and Warren of the 43rd.

The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 861. By Representatives Knight of the 67th, Shanahan of the 7th, Elliott of the 49th and others:
Senate Sponsor: Senator Carter of the 14th.
A resolution creating the Curriculum Study Committee for the public schools of Georgia.

THURSDAY, MARCH 4, 1976

2681

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, 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 Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Lester Jjewis McDowell McDuffie McGill Overby Pearce

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Barker Duncan Hill

Holley Holloway (presiding)

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Langford Reynolds

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

The following bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1886. By Representatives Ware of the 68th and Wood of the 9th:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to provide that, regardless of the method of routing, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due under the contracts.

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The Senate Committee on Banking, Finance and Insurance offered the following amendment to HB 1886:

By striking from line 3 of Page 1 through line 6 of Page 1, the following:

"that, regardless of the methods of routing, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due under the contract",

and inserting in lieu thereof the following:

"who shall be liable, and under what conditions, for unearned premiums not properly returned to the premium finance company or to the insured".

By striking the language on lines 17 through 20 on Page 1 and by inserting in lieu thereof, the following:

"; provided, however, that if the insurer elects to return such unearned premiums to the premium finance company for the ac count of the insured or insureds, via the agent, agency or broker placing such insurance, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due to the premium finance company under the contract which are not properly returned to the premium finance company and pro vided further that, regardless of the method of the routing of the return of such unearned premiums to the insured or insureds, the insurer, the premium finance company and any agent, agency, or broker involved in the return of such unearned premiums shall be jointly and severally liable to the insured or insureds for any and all unearned premiums due to the insured or insureds under the policy or contract which are not properly returned to the insured or insureds."

By striking from line 2 of Page 2 through line 5 of Page 2 the following:

". Regardless of the method of routing, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due under the contract.",

and inserting in lieu thereof the following:

"; provided, however, that if the insurer elects to return such unearned premiums to the premium finance company for the ac count of the insured or insureds, via the agent, agency or broker placing such insurance, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due to the premium finance company under the contract which are not properly returned to the premium finance company and provided further that, regardless of the method of the routing of the return of such unearned premiums to the insured or insureds, the insurer,

THURSDAY, MARCH 4, 1976

2683

the premium finance company and any agent, agency or broker involved in the return of such unearned premiums shall be jointly and severally liable to the insured or insureds for any and all un earned premiums due to the insured or insureds under the policy or contract which are not properly returned to the insured or in sureds."

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 as amended, was agreed to.

On the passage of the bill, a roll call was taken, 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 Hill 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:

Banks Duncan Holley

Holloway (presiding) Howard Reynolds

Russell Summers

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 2050. By Representatives Buck of the 95th and Berry of the 94th:
Senate Sponsor: Senator Hudgins of the 15th.
A bill to amend an Act providing for additional investments for mu nicipalities, counties, school districts and other local units of government.

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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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard GilMs

Hamilton of 26th Hamilton of 34th
Hill Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators Barnes and Brantley.

Those not voting were Senators:

Barker Duncan Holloway (presiding)

Hudson Reynolds Russell

Summers Warren

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HR 543. By Representatives Hill of the 127th, Brown of the 34th, Taggart of the 125th and others: Senate Sponsor: Senator McDowell of the 2nd. A resolution creating the Small and Minority Owned Businesses Study Committee.
The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend HR 543 by striking from Page 2, line 6, the following:
"20",

THURSDAY, MARCH 4, 1976

2685

and inserting in lieu thereof the following: "10".

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 adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, 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 Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Banks Barker Holloway (presiding)

Howard Russell

Starr Young

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 1408. By Representative Stone of the 138th: Senate Sponsor: Senator Eldridge of the 7th. A bill to amend Code Chapter 92-49, relating to tax collectors' duties in general, as amended, so as to permit the receipt by tax commissioners

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and tax collectors, without personal liability, of checks and money orders; to provide a time of payment; to provide for taxpayer liability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Duncan Garrard

Hamilton of 34th Holloway (presiding)

Reynolds Russell

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 1494. By Representatives Marcus of the 26th, Hudson of the 137th and McKinney of the 35th:
Senate Sponsor: Senator Fincher of the 54th.
A bill to amend Code Title 79A, as amended, relating to pharmacists, pharmacies and drugs, so as to provide that all regulatory fees shall be set by the Georgia State Board of Pharmacy by regulation; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 4, 1976

2687

On the passage of the bill, a roll call was taken, 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 Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis 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 :

Hamilton of 34th Holloway

McDowell Russell

Warren

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 House action thereto:

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
A bill to amend an Act approved March 29, 1937, known as the "Unemployment Security Law" so as to replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

Senator Ballard of the 45th moved that the Senate adhere to its substitute to HB 1367 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1367.

The President appointed as a Conference Committee on the part of the Senate the following:

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JOURNAL OP THE SENATE,

Senators Ballard of the 45th, Pearce of the 16th and Barnes of the 33rd.

The following general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:

HB 1515. By Representatives Elliott of the 49th, Childs of the 51st and Jordan of the 58th:
Senate Sponsor: Senator Stumbaugh of the 55th.
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for the creation and revision of jury lists in counties utilizing mechanical or electronic means for the selection of jurors; to provide in such counties for permanent jury boxes and their replacement if lost or damaged.

Senator Pearce of the 16th offered the following amendment:
Amend HB 1515 by striking the following language on lines 24 and 25, Page 1:
"To provide that 18 year old citizens who are otherwise qualified to serve as grand jurors;"

and by striking the following language on Page 8, lines 19 and 20, and inserting in lieu thereof the following "18", and by striking the number "18" on Page 8, line 30, and substituting in lieu thereof the number "21".

On the adoption of the amendment, Senator Stumbaugh of the 55th 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 Bell Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Poster

Gillis Hill Holley Holloway Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Riley Starr Stephens Sutton Timmons Turner Warren Young

THURSDAY, MARCH 4, 1976

2689

Those voting in the negative were Senators:

Barnes Bond Coverdell Dean of 6th Eldridge Fincher

Garrard Hamilton of 26th Howard Hudgins Robinson Shapard

Stumbaugh Summers Tate Thompson Traylor Tysinger -

Not voting were Senators Hamilton of the 34th and Russell.

On the adoption of the amendment, the yeas were 36, nays 18, 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, a roll call was taken, 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 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:

Bond

Hamilton of 34th

Russell

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the House was taken up for the purpose of con sidering House action thereto:

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JOURNAL OF THE SENATE,

HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to provide that appointments to fill vacancies on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term; to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person.

Senator Lewis of the 21st moved that the Senate insist upon its amendment to HR 196.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon its amendment to HR 196.

The following report of a standing committee 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 419. Do pass. Respectfully submitted, Senator Eldridge of the 7th District, Chairman

The following resolution of the Senate, favorably reported by the committee, was read and adopted:
SR 419. By Senators Banks of the 17th, Shapard of the 28th and Hudson of -..,. the 35th: A resolution creating the Services for the Aged Study Committee.
The following resolutions of the Senate were read and adopted:
SR 456. By Senators Lester of the 23rd and Dean of the 31st: A resolution relative to the United States Postal Service.
SR 457. By Senators Gillis of the 20th, Lewis of the 21st, Kennedy of the 4th and others: A resolution commending the Lyons High School football team for winning the State Class "B" Championship in 1975.

THURSDAY, MARCH 4, 1976

2691

SR 458. By Senators Gillis of the 20th, McDuffie of the 19th, Lewis of the 21st and others:
A resolution commending the Lyons High School boys' basketball team for winning the Area Sub-region and Region Class "B" Basketball Championships.

SR 459. By Senators Robinson of the 27th and Hamilton of the 26th: A resolution commending Mr. Melvin B. Hill.

SR 460. By Senators Gillis of the 20th, Lewis of the 21st, McDuffie of the 19th and others:
A resolution commending the Brewton Parker College Baronettes Basket ball Team.

SR 461. By Senator Stumbaugh of the 55th: A resolution commending WPLO AM and FM.

SR 462. By Senators Sutton of the 9th, Shapard of the 28th and Barnes of the 33rd:
A resolution creating the Generic Drug Substitute Study Committee.

SR 463. By Senator Kidd of the 25th and 54 other Senators:
A resolution commending and bestowing the permanent title of "Senator" upon Honorable R. Eugene Holley.

SR 464. By Senator Dean of the 31st: A resolution commending Trooper Gary Moss.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the House substitute to the following bill of the Senate:

SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to pro vide a fee for such disseminations.

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JOURNAL OF THE SENATE,

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

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 adminis trative fee; to provide an effective date.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Long of the 142nd, Patten of the 149th and Keyton of the 143rd.
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:
HB 1706. 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 that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Collins of the 144th, Connell of the 87th and Castleberry of the lllth.
The President announced that the Senate would stand in recess from 5:45 o'clock P.M. until 6:00 o'clock P.M.
The President called the Senate to order.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 494. By Senator Stumbaugh of the 55th: A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to pro vide a fee for such disseminations.

THURSDAY, MARCH 4, 1976

2693

Senator Stumbaugh of the 55th moved that the Senate adhere to the Senate amendment to the House substitute to SB 494, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate adhered to its amendment to the House substitute to SB 494.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Stumbaugh of the 55th, Pearce of the 16th and Russell of the 10th.

The following bill of the House was taken up for the purpose of considering House action thereto:

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 adminis trative fee.

Senator Button of the 9th moved that the Senate adhere to its substitute to HB 1149 and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1149.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Timmons of the llth, Young of the 13th and Russell of the 10th.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1706. 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 that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps.

Senator Broun of the 46th moved that the Senate adhere to the Senate substi tute to HB 1706 and that a Conference Committee be appointed.

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JOURNAL OP THE SENATE,

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1706.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Riley of the 1st, Turner of the 8th and Broun of the 46th.

The following bill of the Senate was taken up for the purpose of considering a 'Conference Committee Report thereto:

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.

The Conference Committee Report on SB 144 was as follows:

The conferees of the House and Senate have met and failed to reach an agreement on SB 144.

FOR THE SENATE
Is/ Peter L. Banks Senator, 17th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Pierre Howard, Jr. Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES
Is/ Wayne Snow, Jr. Representative, 1st District
/s/ Charles Hatcher Representative, 131st District
Is/ Larry Walker Representative, 115th District

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereto:

HB 179. By Representatives Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide that certain members of the Employees' Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions.

The Conference Committee Report on HB 179 was as follows:
The Conference Committee on HB 179 recommends that both the Senate and the House of Representatives recede from their positions

THURSDAY, MARCH 4, 1976

269^

and that the attached Conference Committee Substitute to HB 179 be
adopted. Respectfully submitted,

FOR THE SENATE :

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Paul D. Coverdell Senator, 40th District

Thomas B. Buck III Representative, 95th District

/s/ Jimmy Lester Senator, 23rd District

/s/ Mobley Howell Representative, 140th District

/s/ Horace E. Tate Senator, 38th District

Is/ Rudolph Johnson Representative, 72nd District

Conference Committee Substitute to HB 179:
A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 323), as amended, so as to provide that certain members of the Employees' Retirement System of Georgia currently not considered eligible for Group Term Life Insurance may be declared eligible for same under certain conditions; to change the duties of the Board of Trustees; to change the provisions relative to creditable service with respect to members who have previously with drawn contributions; to change the provisions relative to creditable service with respect to members whose membership has heretofore been terminated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERA"L ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 323), as amended, is hereby amended by adding a new paragraph at the end of subsection (2) of Section 17 of the Act, to read as follows:
"All laws to the contrary notwithstanding, any person who is a member of this Retirement System on the effective date of this amendment who elected nonmembership in the Employees' Retire ment System and who, subsequently to such election of nonmember ship has become a member of the Employees' Retirement System of Georgia or any person who declined Survivors' Benefits (Group Term Life Insurance) and who by regulation is considered in eligible for Group Term Life Insurance coverage shall become eligible for and shall be allowed Group Term Life Insurance cover age under provisions of the Employees' Retirement System Act and State Employees' Assurance Department Act, computed on the

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JOURNAL OF THE SENATE,

basis of the member's attained age at the time of election of Retire ment System membership or the attained age at the time of declin ing Survivor's Benefits (Group Term Life Insurance) provided, however, that the attained age of the member at the time of elec tion of Retirement System membership or the attained age at the time of declining Survivor's Benefits (Group Term Life Insurance) must have been less than fifty-one (51) years of age. Any member made eligible by the provisions of this amendment who desires Group Term Life Insurance coverage under this Act must elect coverage by written notice filed with the Board of Trustees not later than ninety (90) days following the effective date of this amendment. The Board of Trustees is authorized and directed to undertake all administrative duties necessary to transfer the con tributions withheld from such member or on such member's behalf from any account within the Retirement System to any other ac count necessary to facilitate the extension of life insurance coverage to any such member made eligible by the provisions of this amend ment for Group Term Life Insurance. The Board of Trustees shall give written notice to each affected member of the System regarding their rights as afforded under this paragraph."

Section 2. Said Act is further amended by striking the word and figure "five (5)" as it appears in subsection (12) of Section 4 and substituting in lieu thereof the word and figure "two (2)", so that when so amended subsection (12) of Section 4 shall read as follows:

"(12) Any current member having previously withdrawn his contributions not more than three times from the Employees' Re tirement System and/or the Teachers' Retirement System of Geor gia, may, after two (2) years' active service as a contributing mem ber, reestablish such creditable service as he would have been eligible for as a member of either System had he not withdrawn his contributions, upon his payment into the System a sum equal to the amount withdrawn from either System, plus regular interest at the rate of four and one-fourth percent (4 1/4%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System con tributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System, plus accrued interest thereon, upon receipt of notice from the System."

Section 3. Said Act is further amended by striking the word and figure "five (5)" as it appears in subsection (16) of Section 4 and substituting in lieu thereof the word and figure "one (1)" so that when amended, subsection (16) of Section 4 shall read as follows:

"(16) Any current member who, having been previously a member with creditable service, and whose membership has here tofore been terminated on account or less than one year of service in a period of five consecutive years as herein provided for, and who has never withdrawn his contributions made during such prior creditable service, may, after one (1) year active service as a con tributing member, reestablish such creditable service as he would

THURSDAY, MARCH 4, 1976

2697

have been eligible for had his membership not been so terminated, upon his payment into the System a sum equal to four and onefourth percent (4 1/4%) interest on the total amount of his con tributions during such prior creditable service from the date of the termination of his membership to the date of payment, and such sum shall be placed in the Pension Accumulation Fund."

Section 4. This Act shall take effect immediately upon its ap proval 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 Coverdell of the 40th moved that the Senate adopt the Conference Committee Report on HB 179.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Garrard Gillis

Hamilton of 26th
Hill Holloway Howard Hudson Kennedy Langford McDowell McGill Overby Reynolds Riley Robinson

Shapard
Starr Stephens Stumbaugh Summers
Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Bell Dean of 31st Duncan Fincher Foster

Hamilton of 34th (excused conferee) Holley (excused conferee) Hudgins (excused conferee) Kidd Lester (excused conferee)

Lewis (excused conferee) McDuffie Pearce Russell Thompson (excused conferee)

On the adoption of the Conference Committee Report, the yeas were 39, nays 0, and the Conference Committee Report on HB 179 was adopted.

The following report of a standing committee was read by the Secretary:

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JOURNAL OF 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1934. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A. M. tomorrow, and the motion prevailed.

At 6:30 o'clock P. M., the President announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

FRIDAY, MARCH 5, 1976

2699

Senate Chamber, Atlanta, Georgia Friday, March 5, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes to the following bills of the House:

HB 1310. By Representatives Murphy of the 18th, Wilson and Howard of the 19th and others:
A bill to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area.

HB 2054. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to repeal an Act creating and incorporating the City of Mountain View; to provide for a referendum; to provide an effective date.

HB 883. By Representative Marcus of the 26th:
A bill to amend Code Section 79A-702 relating to the definition of dangerous drugs so as to include certain dangerous drugs which have entered the market since Feb. 1, 1972.

HB 1618. By Representatives Baugh of the 108th, Parham of the 109th, Petro of the 46th and Calhoun of the 88th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to repeal certain provisions relating to the licensing of osteopaths; to change the penalty for the unlawful practice of medicine from a misdemeanor to a felony; to provide an effective date.

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JOURNAL OP THE SENATE,

HB 1600. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxa tion and describing penalties for unreturned taxes, as amended.

The House has agreed to the Senate amendments to the following bills of the House:

HB 533. By Representative Knight of the 67th:
A bill to amend Section 92-3105 of the Code of Georgia relating to the definition of the term "exempt organization" for income tax purposes, to clarify the definition of the word exempt organization.

HB 1954. By Representatives Snow of the 1st, Karrh of the 106th, Evans of the 84th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to correct certain typographical errors; to make certain technical changes.

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 422. By Representatives Burton of the 47th, Larsen of the 27th and McKinney of the 35th:
A bill to create the State Board of Examiners of Water Well Con tractors.

HB 1773. By Representatives Childs of the 51st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Title 53, relating to husband and wife, as amended, so as to change the minimum age provisions for marriage licenses; to provide for the destruction of the physician's certificate of pregnancy of the female for underaged marriages; to change the provisions relative to parental consent to marriage.

HB 1868. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A bill to amend an Act providing for a board of elections in each county in this State having a population of not less than 60,000 and not more than 65,000 according to the U.S. Decennial Census of 1970, or any future such census, approved Mar. 14, 1973, so as to change

FRIDAY, MARCH 5, 1976

2701

the population category within which such boards of election are created.

The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977; to make and provide such appropriations for the operation of the State Government, its depart ments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities.

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.

HB 179. By Representatives Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees' Retirement Sys tem of Georgia so as to provide that certain members of the Employees' Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions.

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limita tions relative to certain actions.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 408. By Senator Pearce of the 16th:
A bill to amend "The Retail Installment and Home Solicitation Sales Act", as amended, so as to change certain definitions; to provide that a security interest shall not be taken with respect to certain goods; to provide for the application of payments and the priority of release of goods from any security interest.
The House has appointed a Committee of Conference on the following resolu tion of the House:

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JOURNAL OF THE SENATE,

HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person and that such person shall not become eligible for parole at any time.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Jones of the 126th, Gammage of the 17th and Irvin of the 10th.

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 615. By Senator Langford of the 51st:
A bill to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing authorities of such counties.

SB 661. By Senators Turner of the 8th and Reynolds of the 48th:
A bill to amend Code Section &5A-922, relating to application for permits for the control of outdoor advertising, as amended, so as to change the provisions relating to applications for permits; to provide an ef fective date.

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 681. By Senator Doss of the 52nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System in General, as amended, by striking in its entirety Code Section 32-123, relating to females admitted to branch colleges.

SB 501. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety con cerning the ability to sustain shock, as amended, so as to substitute a different standard of safety concerning the ability to sustain shock.

FRIDAY, MARCH 5, 1976

2703

SB 484. By Senators Traylor of the 3rd, Riley of the 1st, Gillis of the 20th and others:
A bill to amend an Act providing the procedures for the purchase of supplies, materials and equipment for the various State departments' and agencies' needs, as amended, so as to provide that competitive bids shall not be required where the amount of the purchase is less than $100.

SB 483. By Senator Starr of the 44th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change the provisions relating to food services.

SB 632. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Special Adult Offender Act of 1975", so as to change the effective date of said Act; to provide an effective date.

SB 566. By 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 the State Merit System of Personnel Administration, so as to add certain definitions.

SB 526. By Senator Kidd of the 25th:
A bill to amend an Act providing for an Advisory Council for personnel Administration, so as to provide for a declaration of purpose; to provide for a new method of qualifying for membership in the Advisory Council for Personnel Administration; to provide for authority and access of said Council.

SB 482. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to create the Georgia Council for the Arts and Humanities; to provide legislative findings and a declaration of policy; to provide for the appointment, terms, expenses, and removal of members of the council; to provide for meetings and officers of the council.
SB 475. By Senators Hamilton of the 34th, Hudson of the 35th, Stephens of the 36th and others:
A bill to provide for the public safety and welfare by authorizing participation by Federal, State, local governmental, private paid, in dustrial, and/or volunteer fire departments to enter into mutual aid agreements among themselves and/or other agencies.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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JOURNAL OP THE SENATE,

SB 536. By Senator Pearce of the 16th:
A bill to require State agencies to require certain reports and agree ments from nonprofit contractors who contract with the State agency; to provide definitions; to specify the contracts subject to the provisions of this Act; to provide exceptions.

SB 696. By Senators Kidd of the 25th:
A bill to amend the Georgia Peace Officers' Standards and Training Act, as amended, so as to change the qualifications of peace officers.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 307. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution, to change the name and designation of the Department of Community Develop ment to the Department of Industry and Trade; to change the name and designation of the Board of Community Development to the Board of Industry and Trade.

SR 374. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain State-owned real property located in Harris County, Georgia, to the Ida Cason Callaway Foundation and the acceptance of certain property owned by the Ida Cason Callaway Foundation, located in Harris County, Georgia, in consideration therefor.

SR 315. By Senator Broun of the 46th: A resolution creating the Troubled Children Study Committee.

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:

HB 1297. By Representative Carnes of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County providing for payment of benefits from the fund; to renumber succeeding sections of said Act accordingly.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

FRIDAY, MARCH 5, 1976

2705

The bill, having received the requisite constitutional majority, was passed.

HB 1345. By Representative Greer of the 43rd:
A bill to amend the Act approved Aug. 13, 1924, as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the U. S. census of 1920, or any subsequent census, furnish ing aid, relief and pensions to members of paid fire departments now in active 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1507. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide for an adjustment of retirement or pension benefits for certain teachers and employees and retired persons based upon changes in the cost of living.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 709. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27, pertaining to Clerks of Superior Court, as amended, so as to provide for specific fees for services rendered by the Clerk and the Sheriff in certain civil cases; to specify the proce dure in connection with the collection of the same; to specifically repeal certain laws and to specifically preserve certain laws; 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 yeas were 52, nays 0.

2706

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 1575. By Representative Games of the 43rd:
A bill to amend Code Section 24-1714, pertaining to the location of the office of the Judge of the Probate Court and all things belonging thereto, so as to provide that in certain counties the Judge of the Probate Court may maintain more than one office location and all things belonging 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 yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1576. By Representative Carnes of the 43rd: A bill to amend Code Section 53-201, pertaining to the place, time and other matters relating to the issuance of marriage licenses, so as to provide that in certain counties marriage licenses may be granted by the Judge of the Probate Court at locations within the county other than the county courthouse at the county site.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1636. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved Aug. 19, 1912, so as to provide for a change in the method and manner of dismissing employees in the interest of economy in the City of East Point.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 5, 1976

2707

HB 1637. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912, so as to provide for a change in the functions and duties of the mayor and council of the City of East Point.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1701. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Ga., approved Aug. 19, 1912, as amended, so as to provide an additional qualification for a councilman of the City of East Point, that such councilman be a resident within the ward to which such councilman was elected.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1781. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating a new charter for the City of Atlanta, approved Mar. 16, 1973 (Ga. Laws 1973, p. 2188), 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 yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1726. By Representatives Miles of the 86th, Sams of the 90th, Beckham of the 89th and others: A bill to fix the compensation of the clerks of the superior courts in

2708

JOURNAL OP THE SENATE,

certain counties; to provide for the employment and compensation of personnel within such clerks' offices; 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1774. By Representative Carnes of the 43rd:
A bill to amend an Act providing for a Chief Deputy Clerk of the Criminal Court of Fulton County and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1895. By Representative Canty of the 38th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1993. By Representatives Dent of the 85th, Sams of the 90th, Calhoun of the 88th and Connell of the 87th:
A bill to amend the charter for the City of Augusta so as to change the residency requirements for members of the council; to provide that members of the council may not succeed themselves after completing a third consecutive term in office.

FRIDAY, MARCH 5, 1976

2709

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2042. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to change the commissioner districts; to provide for the election of members of the board by the electors of the member's district only.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1991. By Representative Knight of the 67th:
A bill to create and establish a Small Claims Court in each county of this State having a population of not less than 32,300 and not more than 32,660; to prescribe 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2008. By Representative Ross of the 76th:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Taliaferro 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 yeas were 52, nays 0.

2710

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 2017. By Representative Pinkston of the 100th:
A bill to create a new political entity to be known as "Macon-Bibb County, Georgia", which shall be a merger of the County of Bibb and the City of Macon; to provide for unification, form, boundaries and limitations; to provide for powers of the Unified Government; to provide for the legislative branch.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2045. By Representative Miles of the 86th:
A bill to provide and fix the compensation of certain elected officials in counties of this State having a population of not less than 145,000 nor more than 165,000 according to the U.S. Decennial Census, or any future such census; to provide for the employment and compensation for personnel of certain elected officials.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2056. By Representatives Elliott of the 49th, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating and establishing a recorder's court for DeKalb County so as to authorize appointment of inspectors; to provide for authority and jurisdiction of inspectors; to provide for issuance and return of summons.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 5, 1976

2711

HB 2046. By Representative Miles of the 86th:
A bill to amend an Act placing certain county officers upon an annual salary so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties; 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2053. By Representatives Johnson, Lee, Bailey and West of the 72nd:
A bill to amend an Act creating and incorporating the City of Mountain View so as to authorize the mayor and council to levy a five mill tax by ordinance; to provide that no elected official shall receive any compensation whatsoever.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2059. By Representative Hatcher of the 131st:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change the civil jurisdiction of said court; to provide that said court shall be a court of record.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2069. By Representatives Triplett of the 128th, Taggart of the 125th, Blackshear of the 123rd and others: A bill to amend an Act incorporating the City of Port Wentworth so as to change the corporate limits of said city.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2073. By Representatives Williamson of the 45th, Russell of the 53rd, Williams of the 54th and others:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2075. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act creating the State Court of Glynn County so as to change the provisions relating to the compensation of the clerk, chief deputy clerk, and deputy clerks 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2080. By Representative Gignilliat of the 122nd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, to extend the corporate limits of the City of Savannah.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 5, 1976

2713

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2082. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to change the provisions relating to the compensation of members of the Board of Commissioners; to create the office of County Manager.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2083. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating a Board of Commissioners of Ware County so as to provide for procedures for the recall of the members of the Board of Commissioners of Ware County; to provide for the filling of vacancies.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2093. By Representative Murphy of the 18th: A bill to reincorporate the City of Tallapoosa in the County of Haralson to create a new Charter for said City; to prescribe the Corporate Limits of said City; to provide for the Government of said City; to enumerate the corporate powers of the City; to provide for the preserva tion of ordinances, bylaws, rules and regulations.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 2094. By Representatives Evans of the 99th, Banks of the 104th, Pinkston of the 100th and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved Aug. 17th, 1914, " together with the Acts amending same passed since 1914, with certain changes in said Acts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2095. By Representative Reaves of the 147th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Echols County into the office of Tax Commissioner of Echols County so as to change the provisions relative to the compen sation 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2096. By Representatives Larsen of the 119th and Coleman of the 118th: A bill to amend an Act creating the City of Dublin and County of Laurens Development Authority, so as to remove the interest limitations imposed on bonds issued by the Authority.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1757. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Warner Robins so as to change the provisions relative to vacancies; to change the provisions relative to contracts and purchases by the city.

FRIDAY, MARCH 5, 1976

2715

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1757:
A BILL
To be entitled an Act to amend an Act incorporating the City of Warner Robins, Georgia, approved March 5, 1943 (Ga. Laws 1943, p. 1624), as amended, so as to change the provisions relative to vacancies; to change the provisions relative to contracts and purchases by the city: to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act incorporating the City of Warner Robins, Geor gia, approved March 5, 1943 (Ga. Laws 1943, p. 1624), as amended, is hereby amended by striking in its entirety Section 6 and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. In the event of any vacancy in the office of the mayor or council by death, resignation or for any other cause other than the regular expiration of a term of office, vacancy or vacancies shall be filled by special election to be held within 45 days after such vacancy occurs, and in such event the mayor or councilman, as the case may be, after taking oath, shall take office immediately; provided, however, that if any such vacancy in the council should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by appointment of a duly qualified person by the mayor and remaining members of the council; provided, further, that if any such vacancy in the office of mayor should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by the mayor pro tern for the remainder of the term of office, and the vacancy in the council shall be filled by appointment of a duly qualified person by the new mayor and remaining members of the council."
Section 2. Said Act is further amended by striking from sub section (6) of Section 10 the following:
"five hundred ($500.00) dollars",

and inserting in lieu thereof the following:

"fiften hundred ($1,500.00) dollars",

so that when so amended, subsection (6) shall read as follows:

"(6) To make and execute all lawful contracts except as other wise provided for herein, with the approval of the mayor and council on behalf of the city as to matters within their jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council provided that no contract purchase, or

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JOURNAL OF THE SENATE,

obligation involving over fifteen hundred ($1,500.00) dollars shall be valid and binding until after approval of the mayor and council, and in cases of purchases until after three competitive bids shall have been submitted in writing to the city manager."

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 52, nays 0, and the substitute was adopted.

The report of the 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1893. 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 said city.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1893:
A BILL
To be entitled an Act to amend an Act providing for a new charter for the City of Baxley, approved August 21, 1911 (Ga. Laws 1911, p. 700), as amended, so as to change the corporate limits of said city; to provide for clarification and intent; 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 charter for the City of Baxley, approved August 21, 1911 (Ga. Laws 1911, p. 700), as amended, is hereby amended by adding at the end of Section 2, the following:
"The corporate limits of the City of Baxley shall also include the following described tract and parcel of land:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 64.067 acres, of original land lot No. 284, and being described as follows: COMMENCING at the point of intersection of the Southeasterly

FRIDAY, MARCH 5, 1976

2717

line of the City Limits of the City of Baxley, Georgia, with the Easterly right of way line of State Highway No. 15, and from said point of commencement, run South 15 40' 30" East along the Easterly right of way line of State Highway No. 15, for a distance of 817 feet; thence North 53 44' 10" East a distance of 75.58 feet; thence North 74 19' 30" East a distance of 72 feet; thence North 15 40' 30" West a distance of 1.25 feet; thence North 74 19' 30" East a distance of 82.65 feet; thence North 16 20' 30" West a distance of 193.40 feet; thence North 88 39' 30" East a distance of 635.12 feet; thence South 15 0' 30" East a distance of 38.42 feet; thence South 33 39' 40" East a distance of 126.29 feet; thence South 74 19' 30" West a distance of 545.35 feet; thence South 70 32' 30" West a distance of 211.96 feet; thence South 74 19' 30" West a distance of 122 feet, to the Easterly right of way line of State Highway No. 15; thence South 15 40' 30" East, along the Easterly right of way line of State Highway No. 15, for a distance of 2,471.10 feet; thence South 74 19' 30" West a distance of 100 feet, to the point of intersection of the Northerly right of way line of Auburn Street, with the Westerly right of way line of State Highway No. 15; thence run Southwesterly along the curvature of the northerly right of way line of Auburn Street to lands of C. J. Patterson, (the bearing of a straight line between the two extremities of said curvature being South 60 59' 20" West and the distance of said straight line being 420.81 feet) ; thence South 89 51' 23" West a distance of 1,130.93 feet; thence North 0 34' 25" West a distance of 1140.47 feet; thence South 89 38' 37" East a distance of 789.30 feet; thence North 15 40' 30" West a distance of 1,138.60 feet; thence South 74 19' 30" West a distance of 2.23 feet; thence North 15 58' 59" West a distance of 352.19 feet; thence North 75 36' 20" East a distance of 586 feet, to the Westerly right of way line of State Highway No. 15; thence along the Westerly right of way line of State Highway No. 15, North 15 40' 30" West a distance of 1,016.19 feet; thence Southeasterly along the line of the City Limits of the City of Baxley, Georgia, approximately 105 feet, to the point of beginning. Being more accurately shown according to a survey and plat thereof by Denean W. Dixon and Associates, Surveyors, dated September 9, 1975."

Section 2. The above described property in Section 1 pertains only to public roads and rights-of-way and property owned by the Appling County Board of Education.

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 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2057. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and White of the 132nd: A bill to create and establish a Small Claims Court in and for Dougherty County; to prescribe the jursidiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, qualifications, and substitutions of the judge of said court.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 2057 (1) By adding on line 18 of Page 1 following the word "severability", the following:
"; to provide an effective date".
(2) By adding following Section 23 ending on line 25 of Page 12, the following:
"Section 24. This Act shall become effective on March 1, 1977."
(3) By renumbering Section 24 as Section 25.

On the adoption of the amendment, the yeas were 52, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 660. By Representative Greer of the 43rd:
A bill to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 660:

FRIDAY, MARCH 5, 1976

2719

A BILL

To be entitled an Act to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County; to provide for the jurisdiction and power of said Court; to provide for the title, authority, power and jurisdiction of the Judges of said Court; to provide for an additional judge for the Criminal Court of Fulton County and his powers, duties, authority, appointment, election and compensation; to provide for a chief judge and his duties and powers; to provide for the title, authority, power and jurisdiction of Officers and employees of said Court; to provide for a chief clerk and his duties, powers and compensation; to provide for the jurisdiction and place of sitting and holding Court; to incorporate existing laws by reference; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Pursuant to Article VI, Section VII, Paragraph I. of the Constitution of Georgia of 1945, there is hereby created and estab lished for Fulton County, by the consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, a Court to be known as the State Court of Fulton County.

Section 2. Said State Court of Fulton County shall have the jur isdiction, power and authority, coextensive with that held and exer cised by both the Civil Court of Fulton County and the Criminal Court of Fulton County on the date of the creation of this Court. Such jur isdiction and power of the State Court of Fulton County to inquire into, hear and determine cases, shall be that collective jurisdiction and power as was exercised by both the Civil Court of Fulton County and the Criminal Court of Fulton County at the time of the creation of this Court.

Section 3. The State Court of Fulton County shall have jurisdiction throughout Fulton County, either concurrently with, or supplemental to, or in lieu of Justice Courts, as may be now or hereafter provided by law. The Judges of the State Court of Fulton County shall be able to sit and hold court in any court house within the boundaries of Fulton County, which has been designated for such purpose by the governing authority of Fulton County.

Section 4. The State Court of Fulton County is not subject to the rules of uniformity laid down in Paragraph I of Section IX, of Article VI, of the Constitution of Georgia.

Section 5. The Judges of the State Court of Fulton County shall be those judges of the Civil Court of Fulton County and of the Criminal Court of Fulton County at the time of the creation of this Court. They shall have the title of Judge of the State Court of Fulton County and their total number shall be the same as the combined total of the number of Judges of the Civil Court of Fulton County and of the

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JOURNAL OF THE SENATE,

Criminal Court of Fulton County at the time of the creation of this Court. Each Judge of the State Court of Fulton County shall have the reciprocal and collective jurisdiction, power and authority as was reposed in both the Judges of the Civil Court of Fulton and the Judges of the Criminal Court of Fulton County at the time of the creation of this Court. When Judges of the State Court of Fulton County are sitting as judges to hear and determine matters which were previously heard and determined by Judges of the Civil Court of Fulton County, the Judges of the State Court of Fulton County shall exercise the same jurisdiction, power and authority as was formerly exercised by Judges of the Civil Court of Fulton County at the time of the creation of this Court. When Judges of the State Court of Fulton County are sitting to hear and determine matters which were previously heard and deter mined by Judges of the Criminal Court of Fulton County, the Judges of the State Court of Fulton County shall exercise the same jurisdic tion, power and authority which was formerly exercised by the Judges of the Criminal Court of Fulton County at the time of the creation of this Court.

Section 6. (a) Except as provided in subsection (b), the number of Judges of the State Court of Fulton County shall be the same as the combined total of the Judges of the Civil Court of Fulton County and of the Criminal Court of Fulton County at the time of the creation of this Court. The salaries, terms, qualifications and method of election, of the Judges of the State Court of Fulton County shall be as provided for the Judges of the Civil Court of Fulton County at the time of the creation of this Court. The current term of office of each Judge at the creation of the State Court of Fulton County shall be the same as pro vided by law prior to said Court's creation.

(b) In addition to the judges provided for in subsection (a), an additional judge is hereby provided for the Criminal Court of Fulton County. Such judge shall be appointed by the Governor prior to the first day of the month following the month in which this subsection becomes effective, and such judge shall take office on said first day of such month. Such judge shall serve until January 1, 1977. A successor to such judge shall be elected at the general election in November, 1976, for a term of six years beginning January 1, 1977, and until his suc cessor shall have been elected and qualified. The successor to the ap pointed judge shall become a judge of the State Court of Fulton County on January 2, 1977, when the State Court of Fulton County comes into existence as provided in this Act. All future elections for such judge shall be held and conducted as is now or may hereafter be provided by law and the term shall be for six years and until a successor is elected and qualified. The qualifications of said additional judge shall be the same as are now provided for by law for the present or existing judges of said court, and his compensation shall be the same as that of the present or existing judges of said court, and said salary shall be paid to said judge out of the treasury of Fulton County in the same manner as the salary of the present or existing judges of said court is now paid. Said additional judge shall have the same powers, jurisdiction, duties and dignity as are now provided for the present judges.

(c) The judges of the Court shall, within thirty days of the effec tive date hereof, and thereafter during the first week in January of

FRIDAY, MARCH 5, 1976

2721

each successive year, by a majority vote, elect from their number a chief judge of the court to serve during the remainder of such year. A majority of the judges of said court may remove such chief judge from the office as chief judge, and may fill any vacancy occurring in the office of chief judge. Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the court, and shall have power to make such rules as he shall deem neces sary or proper for such purpose, but not in conflict with the general laws of this State, which rules, when entered on the minutes of said court, shall be binding upon the other judges of the court, until the same shall be overruled by an order signed by a majority of the judges of the court. Such chief judge, by published rule, or from time to time by order, may allocate the jurisdiction and powers of the court, and the duties of the judges thereof, among the judges of the court; may assign to the judges of said court such of the business of the court as he shall deem appropriate, provided that any assignment of cases to or among the other judges of the court shall be in accordance with a published rule of the court; may make and publish calendars; may require reports from the clerk of the court and the other judges of the court relative to business pending before the court; and generally shall supervise and direct the disposition of all the business of the court.

Section 7. There shall be a chief clerk of the State Court of Fulton County who shall be responsible for the operation of the civil and criminal divisions of the clerk's office. The chief clerk shall be elected by the judges of the court from among the qualified electors and resi dents of Fulton County. The chief clerk shall serve at the pleasure of the judges. The chief clerk shall receive such compensation as may be fixed by the Board of Commissioners of Fulton County. The chief clerk shall have such powers and duties as may be prescribed by the judges of the State Court. Such chief clerk shall also serve as the Clerk of the Civil Division of the Court or as Clerk of the Criminal Division of the Court but not in both positions.
Section 8. (a) At the time of the creation of this Court the Clerk of the Civil Court of Fulton County and his Deputy and Assistant Clerks, shall become the Clerk and the Deputy and Assistant Clerks of the Civil Division of the State Court of Fulton County. The Clerk and his Deputy and Assistant Clerks shall have the same jursidiction, power and authority as was reposed in them formerly as the Clerk and Deputy and Assistant Clerks of the Civil Court of Fulton County. The Clerk and his assistant clerks shall have the same terms, salaries, qualifications and methods of election or selection as they had as Clerk, and Deputy or Assistant Clerks of the Civil Court of Fulton County.

(b) At the time of the creation of this Court the Clerk and the Deputy and Assistant Clerks of the Criminal Court of Fulton County shall become the Clerk and the Deputy and Assistant Clerks of the Criminal Division of the State Court of Fulton County. The Clerk and the Deputy and Assistant Clerks of the Criminal Division of the State Court of Fulton County shall have the same jurisdiction, power and authority as was reposed in them formerly as the Clerk, and the Deputy or Assistant Clerks of the Criminal Court of Fulton County. The salaries, qualifications, methods of selection or election and the terms of the Clerk and the Deputy or Assistant Clerks of the Criminal Division

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JOURNAL OF THE SENATE,

of the State Court of Fulton County shall be the same as was held by them as Clerk and Deputy or Assistant Clerks of the Criminal Court of Fulton County.

Section 9. At the time of the creation of this Court the Solicitor General and Assistant Solicitors General of the Criminal Court of Fulton County shall become the Solicitor General and Assistant Solicitors General of the State Court of Fulton County, and shall exercise the same jurisdiction, power and authority as was formerly reposed in them as the Solicitor General and Assistant Solicitors General of the Criminal Court of Fulton County. The qualifications, method of election or selec tion, salary, and terms of the Solicitor General and the Assistant Solicitors General of the State Court of Fulton County shall be the same as provided for the Solicitor General and Assistant Solicitors General of the Criminal Court of Fulton County at the time of the creation of this Court.

Section 10. At the time of the creation of this Court the Marshal and Deputy Marshals of the Civil Court of Fulton County shall become the Marshal and Deputy Marshals of the State Court of Fulton County, and exercise the same jurisdiction, power and authority as was reposed in them as the Marshal and Deputy Marshals of the Civil Court of Fulton County. The qualifications, method of election or selection, salaries, and terms of office for the Marshal and Deputy Marshals of the State Court of Fulton County will be the same as provided for them as Marshal and Deputy Marshals of the Civil Court of Fulton County at the time of the creation of this Court.

Section 11. The Civil Court of Fulton County and the Criminal Court of Fulton County are hereby consolidated into the State Court of Fulton County and they shall have no further identity as separate courts.
Section 12. As relates to the jurisdiction, power, authority and duty of the Civil and Criminal Courts of Fulton County, its Judges, and all of its other Officers and employees, the law (Ga. Laws 1913, p. 145), as amended, with respect to the Civil Court of Fulton County, and the law (Ga. Laws 1891, p. 935), as amended, with respect to the Criminal Court of Fulton County, as these laws existed at the time of the creation of this Court, are hereby incorporated by reference and made a part of this Act, and such laws shall have general application to this Court, its Judges, and equivalent Officers and employees, where not inconsistent herewith.

Section 13. The organization of the said State Court of Fulton County, its procedures, and practices, its officers and employees, and its power and jurisdiction, are by the provisions in this Act unchanged, unaltered and undiminished, and the same original Acts, and the amendatory Acts thereof, establishing the Criminal Court of Fulton County and the Civil Court of Fulton County are brought forth as if fully reenacted herein and are made the law governing the State Court
of Fulton County.

Section 14. Any and all accusations, warrants, motions, petitions,

FRIDAY, MARCH 5, 1976

2723

processes, summons, subpoenas, executions, fi. fas., documents, proceed ings and papers, of whatever nature which are, on the effective date of this Act, in the Criminal Court of Fulton County and the Civil Court of Fulton County shall be construed to be in the State Court of Fulton County, which by the terms of this Act becomes the official, legal title and name of said Court.

Section 15. All accusations, warrants, orders, motions, petitions, processes, summons, subpoenas, executions, fi. fas., documents, and proceedings, or papers of whatever nature, in the Courts known by the legal designations of the Criminal Court of Fulton County or the Civil Court of Fulton County shall hereafter designate said Court by the name of the State Court of Fulton County, and the aforesaid name shall be construed to constitute the full legal title and name of said Court.

Section 16. Nothing in this Act shall be construed or interpreted to have changed, altered, modified or diminished the jurisdiction, power, authority, or term of office of any Judge, Officer, or employee of the Criminal Court of Fulton County or of the Civil Court of Fulton County, and all the rights, titles, emoluments, powers, jurisdiction and authority of said judges, officers, and employees of said Courts are brought forth unchanged, unaltered, and undiminished into the State Court of Fulton County, and each of said Judges are by the terms of this Act designated as Judge of the State Court of Fulton County.

Section 17. The State Court of Fulton County shall be a State Court within the meaning of Ga. Laws 1970, p. 679, and the State Court of Fulton County shall be subject to the provisions of that Act as may now or hereafter be amended. In all cases where there is a conflict be tween the provisons of that Act, Ga. Laws 1970, p. 679, as amended, and this Act, the Act with respect to practice and procedure in certain courts below the Superior Court level, Ga. Laws 1970, p. 679, as amended, Ga. Code Ann. S24-2101(a) et seq., shall take priority and be controlling.

Section 18. Should any Section or part of any Section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid.

Section 19. This Act shall become effective on January 2, 1977, except the provisions of Section 6(b), which shall become effective im mediately upon approval of this Act by the Governor or upon its be coming law without his approval for the purpose of appointing and electing the additional judge provided for in said Section 6(b).

Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1713. By Representative Miles of the 86th:
A bill to amend an Act creating a Merit System in Richmond County for employees of Richmond County so as to provide what employees should be placed under or exempt from the Merit System of Richmond County, Georgia.

Senators Lester of the 23rd and Holley of the 22nd offered the following amendment:
Amend HB 1713 by striking Section 4 on Page 4, line 7, in its en tirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. This Act shall become effective upon July 1, 1976."

On the adoption of the amendment, the yeas were 52, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1740. By Representative Sigman of the 74th: A bill to amend an Act providing for a new Board of Education of New ton County, approved Mar. 31, 1967, so as to change the number of members of the board; to change the education districts; to provide for election of members by the electors of the member's district only.
Senator Ballard of the 45th offered the following substitute to HB 1740:
A BILL
To be entitled an Act to amend an Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws

FRIDAY, MARCH 5, 1976

2725

1967, p. 2405), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 2881), so as1 to change the number of members of the board; to change the education districts; to provide for election of members by the electors of the member's district only; to provide for the election, powers and duties of the chairman of the board; to terminate the existing terms of the members of the board; to provide for the election of members of the board at the 1976 general election; to provide for terms of office; to change the compensation of members of the board and the chairman; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 2881), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows:

"Section 1. The Board of Education of Newton County shall be composed of five (5) members to be elected as hereinafter pro vided. For the purpose of electing members of the Board of Edu cation of Newton County, the Newton County School District shall be divided into five (5) education districts as follows:

District 1 Covington CCD 5 ED 10, that portion south of the Georgia Railroad line which runs northeast out of the City of Covington and crosses the Alcovy River at the intersection of Alcovy Road and Hamby Lane ED 13, that portion south of Georgia Highway 81 Mansfield CCD 10 Yellow River CCD 20
District 2 Porterdale CCD 15, except ED 14
District 3 Covington CCD 5 ED 1 ED 10, that portion not included in District 1 ED's 11 and 12 ED 13, that portion not included in District 1 Porterdale CCD 15 ED 14
District 4 Covington CCD ED's 3, 4, 5 and 6
District 5 Covington CCD 5 ED's 2, 7, 8 and 9

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JOURNAL OF THE SENATE,

For the purposes of this Section, the designation 'CCD' shall mean 'Census County Division'; and the designation 'ED' shall mean 'Enumeration District'. The terms 'Census County Division' and 'Enumeration District' shall have the same meaning and describe the same geographical boundaries as provided in the bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia."

Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows:

"Section 2. (a) There shall be elected to the Board of Educa tion of Newton County one member from each of the education districts provided in Section 1. Candidates may not offer for elec tion to the board from any district other than the district in which their legal residence lies. Each member of the board shall be elected by the qualified electors of the education district he represents only."

Section 3. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, to read as follows:

"Section 4. The terms of office of the members of the Board of Education of Newton County in office on December 31, 1976, shall expire on January 1, 1977. At the 1976 general election, mem bers of the board from all five education districts provided in Section 1 shall be elected. The members of the board elected at said election from education districts 1, 3 and 5 shall take office on January 1, 1977, and shall serve terms of two years and until their successors are elected and qualified. The members of the board elected at said election from education districts 2 and 4 shall take office on Jan uary 1, 1977, and shall serve terms of four years and until their successors are elected and qualified. Thereafter, successors to mem bers of the board shall be elected at the general election immediately preceding the expiration of the member's term of office, shall take office on the first day of January following their election, and shall serve for a term of four years and until their successors are duly elected and qualified."
Section 4. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5, to read as follows:
"Section 5. At the first meeting of the board, which is con ducted in January of each year, the board shall elect one of their members as chairman to serve for a term of two years, and such other officers as the board shall determine. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $100.00 per month, and the chairman shall be compensated in the amount of $200.00 per month. The members and the chairman shall also receive reimbursement for actual and necessary expenses in curred in carrying out their official duties."

FRIDAY, MARCH 5, 1976

2727

Section 5. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6, to read as follows:

"Section 6. In the event any vacancy occurs in the office of a member of the Board of Education of Newton County, the remaining members of the board shall select a successor to fill such vacancy until the next general election, at which time a successor shall be elected by the qualified electors of the education district from which the member was elected whose position is vacant, to serve out the unexpired term. In the event the vacancy occurs in the office of chairman of the board, the remaining members shall elect from one of their members a new chairman to serve out the unexpired term of office. The Board of Education of Newton County created by this Act shall be the successor to all the rights, powers, duties and obligations of the old Board of Education of Newton County and shall be subject to all constitutional and statutory provisions relating to county boards of education."

Section 6. Not less than 5 nor more than 15 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 Newton County to issue the call for an election for the purpose of submitting this Act to the electors of the Newton County School District for ap proval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be punished once a week for two weeks immediately preceding the date thereof, in the official organ of Newton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act changing the number of members of the Board of Education of Newton County,
( ) NO changing the education districts, providing for the election of members by the electors of the member's district only, providing for the elec tion, powers and duties of the chairman, termi nating the existing terms of the members of the board, providing for the election of the members of the 1976 general election, and changing the compensation of the board and the chairman, 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 accordance with the provisions of Section 7, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Newton 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 7. Section 6 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without

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JOURNAL OF THE SENATE,

his approval. Subject to the approval of this Act as provided in Section 6, the other Sections of this Act shall become effective on January 1, 1977, except that the provisions of Sections 1, 2, and 3 necessary for the election of the members of the Board of Education of Newton County at the 1976 general election shall become effective upon the approval of this Act as provided in Section 6.

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 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1792. 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 require competitive bids for certain purchases.

Senator Ballard of the 45th offered the following substitute to HB 1792:
A BILL
To be entitled an Act to amend an Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 2881), so as to provide for the regulation and recording of purchases; to provide for the approval of certain purchasing; to require competitive bids for certain purchases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 2881), is hereby amended by adding following Section 10 a new Section to be designated Section 11, to read as follows:
Section 11. The superintendent shall keep a book of vouchers signed by the party or parties from whom supplies may be bought

FRIDAY, MARCH 5, 1976

2729

and by such party or parties itemized in every important particular, stating number of articles or pounds, etc., rate, price, the purpose
for which to be used, and the total amount received. The super intendent shall keep all vouchers properly bound and accessible to
public inspection and for the use of the grand jury or the auditor. The superintendent before making any purchase which individually or in an aggregate is in excess of $500.00, shall have the approval of the majority of the board in writing or competitive bids shall be taken; however, said bids may be waived by the majority consent of the board, the signing of said purchase order and said purchase order being entered into the minutes of the meeting when approved."

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 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2010. By Representative Sigman of the 74th:
A bill to create and establish a Small Claims Court in and for Newton County; to prescribe 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.

Senator Ballard of the 45th offered the following substitute to HB 2010.
A BILL
To be entitled an Act to create and establish a Small Claims Court in and for Newton County; to prescribe 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; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in

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JOURNAL OP THE SENATE,

issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created and established a Small Claims Court in and for Newton County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved is not less than $1.00 and does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.

Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Newton County, at least twenty-two years of age, have completed a high school education, and must be a person of moral character and integrity.
All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county.

Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Newton County or any judge of a State Court located in said county, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge
unable to act.

Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the Judge, although the Judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from
the fees herein authorized.

Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.

Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request

FRIDAY, MARCH 5, 1976

2731

of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.

(a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly quali fied bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose.

(b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked "refused", giving the date of refusal, and such notation of refusal is signed or initial by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant.

(c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.

(d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $7.50. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.

(e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount.

(f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of receipt shall be the date of service.

Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $17.50 with the court, which shall cover all costs of the pro ceeding. The deposit of cost in cases of attachment, garnishment or

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JOURNAL OF THE SENATE,

trover shall be $17.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case.
The award of court costs, as between the parties, shall be in the dis cretion of the judge, and such costs shall be taxed in the cause at his discretion.

(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachmeant or execution issued from the Small Claims Court, the levy officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.

Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of sub stantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.

(c) If the plaintiff fails to appear the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the juris diction of the court, he may use a part thereof to offset the claim of the plaintiff.

Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order pretrial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally
and completely satisfied.

FRIDAY, MARCH 5, 1976

2733

Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.

Section 13. The judge of the Superior Court of Newton County may, from time to time, makes rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.

Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "Small Claims Court Bailiff" and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appoint ment, all such bailiffs shall take and subscribe the oath of office pre scribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.

Section 15. A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.

Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal.

Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

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JOURNAL OF THE SENATE,

"Small Claims Court of Newton County

------------------ ..........Georgia

Plaintiff Address
vs.

Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim, and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim, which is to be filed with the court may be verified by the plaintiff or his agent as follows:)
State of Georgia
County of ._.................................... ._-.__.____..__.___.___---------------............ being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Plaintiff (or Agent)
Sworn and subscribed before me this...----.day of _..-..----_..._....----., 19.

Notary Public (or Attesting Official)
Notice.
TO: ._....----........... Defendant
Home Address or

Business Address
You are hereby notified that .------........ has made a claim and is requesting judgment against you in the sum of ...............................dollars ($---------------..), as shown by the foregoing statement. The court will hold a hearing upon this claim on --------._--____,,--------__ at ......... .m. at (address of court).

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You are required to be present at the hearing in order to avoid a judgment by default against you.

If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing.

If you wish to have witnesses summoned, see the court at once for assistance.

If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.

You may come with or without an attorney.

(Seal)."

Judge-Clerk of the Small Claims Court of Newton County

Section 18. Within thirty days after the effective date of this Act the Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office expiring on January 1, 1977. Successors shall be appointed in the same manner as the initial appointment and
shall serve a term of office of two years and until a successor is duly appointed and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Governor, and such successor shall serve for the remainder of the unexpired term.

Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of
said court.

Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnish ment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. When ever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.
Section 21. A summons of garnishment may be served by the

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sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced
by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal au thorities marked "refused", giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be.

Section 22. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.

Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of com mission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars.

Section 24. 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 25. All laws and parts of laws in conflict with this Act are herbey repealed.

On the adoption of the substiute, the yeas were 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the yeas were 52, nays 0.

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2737

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Carter of the 14th introduced the chaplain of the day, Rev. Hayden Center, pastor of the First Baptist Church, Americus, Georgia, who offered scripture reading and prayer.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Barker Dean of 6th Dean of 31st

Duncan Gillis Lester

McDuffie Tate

SENATE RULES CALENDAR Friday, March 5, 1976
HB 1371. Garnishment--right to writ after judgment (SUB) HB 1920. Georgia Building Authority-- exercise of powers upon buildings
(SUB) HB 2100. Uninsured Motor Vehicle Coverage--bankruptcy not bar claim
(SUB) HB 1318. Judicial Administration District--create (AM) HB 1513. D.A.--committee set up to ascertain inability to perform duties
(AM) HB 1880. State Parks--rules and regulations (AM) HB 1935. Facade and Conservation Easement Act--enact (AM) HB 997. Sales Tax--clarify exemptions on farm equipment HB 1333. Holding County or City Office--18 year olds eligible

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HB 1379. Corporation Tax--deductions HB 1500. Boat Traffic on Waters of State--regulation HB 1531. Asst. D. A.--authorize State funds as partial compensation HB 1541. Ports Authority Security Guards--provide HB 1545. Year's Support--party identification on application. HB 1563. Juvenile Court Code--change certain definitions HB 1624. Surrender of Driver's License--commencing of suspension HB 1643. Guardians--provide for natural guardians and wardships HB 1648. Fair Market Value--meaning HB 1661. Motor Vehicle Liability Insurance--minimum coverage HB 1668. Taxidermist License--provide HB 1670. Motor Vehicle Accident Reparations Act--subrogation HB 1683. County Courthouse & Offices--open during normal working hours HB 1694. Peace Officer--add certain requirements to qualifactions
HB 1764. Agrirama Development Authority--membership
HB 1813. Ad Valorem Tax--payment before litigation
HB 1830. Oil and Gas Drilling Act--provide certain terms
HB 1846. Mentally 111--appointment of guardian HB 1934. Optometry Bd. of Exam.--appoint hearing officer for contested
case HB 1958. Consumers' Utility Counsel--transfer from PSC to Governor's
office HB 1986. Disposition of Unclaimed Property--shareholder's rights in
corporation HB 1990. Domesticated Foreign Corporations--tax returns HB 2015. Wills, Trusts--redefine fiduciary powers HB 2034. Law Library Board of Trustees--Secretary-Treasurer HB 1802. Corporations--filing articles of correction to Secretary of State
HB 1590. DeKalb Co. Notary Pub. Ex Officio Jus. of Peace--abolish office
HB 1591. DeKalb County Justice of Peace--qualifications (SUB)
HR 590. DeKalb County Justice of the Peace Office--filling of vacancy (AM)
HR 591. DeKalb County J.P.--increase dollar amount of civil cases
HB 989. Voting Machines--change number to be provided

FRIDAY, MARCH 5, 1976

2739

HB 1551. County Chief Registrar--not required to own real property
HB 1987. Spec. Primary Held on Pres. Pref. Primary Day--registration deadline
Respectively submitted,
/a/ Prank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1371. By Representatives Irvin of the 23rd, Games of the 43rd, Evans of the 84th and others:
Senate Sponsor: Senator Lewis of the 21st.
A bill to amend the Code of Georgia of 1933, as amended, by striking Code Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46 so as to provide for the right to the writ of garnishment after judgment; to provide for affidavit and bond for garnishment.

The Senate Committee on Judiciary offered the following substitute to HB 1371:
A BILL
To be entitled an Act to amend the Code of Georgia of 1933, as amended, by Striking Code Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46, relating to garnishment, so as to provide for the right to the writ of garnish ment after judgment; to provide for garnishment affidavit; to provide for a summons of garnishment and additional summons; to provide for notice to the defendant; to provide under what conditions the writ of garnishment may issue before judgment; to provide that application for garnishment before judgment be made to a judge; to provide for the contents of said application; to provide for order authorizing garnishment prior to judgment; to provide for bond in proceedings to secure garnishment prior to judgment; to provide for service on defendant and defendant's right to hearing in garnishment prior to judgment and the procedure thereof; to provide for the exemption of wages in garnishments prior to judgment; to provide for all funds and property to be held by clerk pending judgment in garnishment prior to judgment; to provide for what is subject to garnishment and for certain exemptions; to provide for restriction on discharge from employment by reason of garnishment; to provide for service of summons of garnishment upon corporation; to provide practice and procedure in garnishment cases; to provide for salaries of government employees to be subject to garnishment; to provide for release of summons of garnishment and its effect; to provide for the defendant to become a party to the garnishment and the procedure thereof; to provide the

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effect of defendant's traverse and substitution by bond; to provide for issues defendants may raise; to provide that claimants may become a party; to provide for the contents of garnishee's answer and service thereof; to provide for delivery of property to court by garnishee; to provide for traverse of garnishee's answer, the contents and service thereof; to provide for garnishee's expenses; to provide for judgment against garnishee for failure to answer and relief therefrom; to provide for distribution of proceeds after garnishee has answered; to provide for the order of trial; to provide procedure where defendant's traverse prevails; to provide for conflicting claims of garnishment cases; to provide for trial of plaintiff's traverse and for judgment against gar nishee; to provide for discovery and amendment in garnishment cases; to provide for challenge to sufficiency of bond; to provide for judge to act where there is no clerk; to provide forms for garnishment; 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 Code of Georgia of 1933, as amended, is hereby amended by striking Code Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46, relating to garnishment, to read as follows:

"TITLE 46 GARNISHMENT

CHAPTER 46-1. POST-JUDGMENT GARNISHMENT.

46-101. Right to writ after judgment.--In all cases where a money judgment shall have been obtained in a court of this State, the plaintiff shall be entitled to the process of garnishment.

46-102. Affidavit; necessity and contents.--The plainiff, his attorney at law, or his agent shall make an affidavit before any officer authorized to administer oaths setting forth that he has a judgment against a named defendant, the amount claimed to be due on such judgment, the name of the court which rendered such judg ment and the case number thereof. Such affidavit may be made upon the affiant's knowledge. Upon the filing of such affidavit with the clerk of any court in the county of residence of the gar nishee having jurisdiction over the garnishee, he shall cause a summons of garnishment to issue forthwith.

46-103. Summons of garnishment.--The summons of garnish ment shall be directed to the garnishee commanding him to file an answer stating what money or other property is subject to garnish ment. Such answer must be filed with the court issuing the summons not sooner than thirty days and not later than forty-five days after the service of such summons and must be accompanied by the money or other property subject to garnishment. Upon such affidavit and summons being delivered to the sheriff, marshal, constable or like officer of the court issuing the summons, it shall be his duty

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to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the same to the court. The summons of garnishment shall state that if the garnishee fails to answer the same, a judgment by default will be entered against the garnishee for the amount claimed by plaintiff against the defendant.

46-104. Additional summons.--Summons of garnishment may issue from time to time on the same affidavit until the judgment is paid, or the garnishment proceeding is otherwise terminated in accordance with this Code Title.

CHAPTER 46-2. GARNISHMENT PRIOR TO JUDGMENT.

46-201. Right to writ before judgment.--In cases where suit
is pending against the defendant, garnishment may issue prior to judgment only in the following cases:

(a) When the defendant resides without the State; or

(b) When the defendant is actually removing, or about to remove, without the limits of the county; or

(c) When the defendant is causing his property to be removed beyond the limits of the State; or

(d) When the defendant has transferred, or has threatened to transfer, or is about to transfer property to defraud or delay his creditors; or

(e) When the defendant is insolvent.

46-202. Application to be made to judge; contents.--When the plaintiff contends one or more of the grounds set forth in Code Section 46-201 exists, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of residence of the garnishee and having jurisdiction over the gar nishee for an order authorizing the issuance of summons of garnish ment. Such application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, as well as the name of the court where the suit is pending, the case number of such suit, and the amount claimed therein by the plaintiff.

46-203. Order authorizing garnishment prior to judgment.-- After considering plaintiff's application, if the judge to whom same is made finds that the facts alleged show the existence of one or more of the grounds set forth in Code Section 46-201, he may enter an order authorizing garnishment prior to judgment. The entry of such order shall authorize the clerk of the court in which the gar nishment proceedings are pending to issue summons of garnishment

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from time to time without a further showing until the case is termi nated or until further order of the court.

46-204. Bond in proceedings to secure garnishment prior to judgment.--No summons of garnishment prior to judgment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of suing out said garnishment in the event that the amount claimed to be due was not due, or that no lawful ground for the issuance of such garnishment prior to judgment existed, or that the property sought to be garnished was not subject to garnishment. Such bond shall be in a sum equal to twice the amount claimed due in the plaintiff's application. The bond shall be pre sented to the clerk of the court where the application provided for in this Chapter is sought to be filed for approval by such clerk prior to making application to the judge of such court for the writ of garnishment.

46-205. Service upon defendant.--Upon the entry of an order authorizing the issuance of garnishment prior to judgment, sum mons of garinshment shall issue and be served as provided in Code Section 46-103, governing post-judgment garnishment. A copy of such order and of each summons of garnishment issued pursuant thereto shall be served upon the defendant in any manner prescribed for the service of original summons and complaints.

46*206. Defendant's right to hearing; procedure.--When sum mons of garnishment shall issue before judgment against the de fendant, such defendant may at any time traverse the plaintiff's affidavit upon which such garnishment was obtained, stating that the same is untrue or legally insufficient. Upon filing of such traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a time certain, not to be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the garnishment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the garnishment prior to judgment shall be revoked.

46-207. Personal earnings of defendant not subject to garnish ment prior to judgment.--Any other provisions of this Act to the contrary notwithstanding, no part of the personal earnings of the defendant shall be subject to garnishment prior to judgment, whether such earnings be denominated as salary, wages, commissions or otherwise, and each summons of garnishment which is issued pursuant to this Chapter shall state the substance of this Section upon the face thereof.
46-208. Funds to be held by clerk pending judgment.--When funds or other property are paid into court or subject to garnish ment under the provisions of this Chapter, the same shall be held by the clerk of the court in which the garnishment proceedings are pending until final judgment is entered against the defendant in the main proceedings. Provided, however, that if the garnishment is released by filing of the bond provided for by Code Section 46-402, such funds or other property shall be delivered to the

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defendant, if no claim has been filed pursuant to Code Section 246-404 at the time such bond is approved and filed with the clerk of the court.

46-209. Proceedings subsequent to judgment.--After final judgment shall be entered in the suit upon which garnishment summons issued prior to judgment, the garnishment proceedings shall continue in accordance with the provisions of Code Chapter 46-1 governing post-judgment garnishment. The plaintiff shall not have judgment against the garnishee until he shall have obtained final judgment against the defendant.

CHAPTER 46-3. PROPERTY AND PERSONS SUBJECT TO GARNISHMENT.

46-301. What is subject to garnishment.-- (a) All debts owed by the garnishee to the defendant at the time of service of summons of garnishment and all debts accruing from the garnishee to the defendant from the date of service to the date of the garnishee's answer shall be subject to process of garnishment, and no payment made by the garnishee to the defendant or to his order, or by any arrangement between the defendant and the garnishee after the date of the service of the summons of garnishment shall defeat the lien of such garnishment.

(b) All property, money or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment or coming into the possession or control of the garnishee at any time from the date of service of the summons of garnishment to the date of the garnishee's answer shall be subject to process of garnishment, except in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed on the debt for which such securities were given as collateral.

(c) Notwithstanding the provisions of Code Section 46-301 (a), the maximum part of the aggregate disposable earnings of an indi vidual for any work week which is subject to garnishment may not exceed the lesser of:

(1) 25 percent of his disposable earnings for that week, or

(2) The amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Pair Labor Standards Act of 1938, U.S.C. Title 29, Section 206'(a) (1), in effect at the time the earnings are payable. 'Disposable earnings' shall mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts required by law to be withheld.

(3) In case of earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect to that set forth in Code Section 46-301 (c) (2) shall be used.

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(d) The exemption provided by Code Section 46-301 (c) shall not apply if the judgment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provided the summons of garnishment shall contain a notice to the garnishee that no exemption is applicable.

(e) The limitation on garnishment set forth in Code Section 46-301 (c) shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant, and no garnishee shall withhold from the disposable earnings of the defendant any sum greater than the amount pre scribed by such Section, regardless of the number of summonses served upon the garnishee.

46-302. Exemption of pensions paid to retired employees by former employers.--Except as otherwise provided by law, pensions paid by former employers to retired employees shall be exempt from the process of garnishment in the same manner and to the same extent as is provided for in the case of disposable earnings by Code Section 46-301 (c).

46-303. Restriction on discharge from employment by reason of garnishment.--No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnish ment for any one indebtedness, even though more than one summons of garnishment may be served upon such employer with respect to
such indebtedness.

46-304. Service of summons of garnishment upon corporation. --Service of a summons of garnishment upon the agent in charge of either the registered office or the principal place of business of the corporation shall be sufficient. Such service shall be available in addition to such other means of service as are now or may hereafter be prescribed by other laws.

46-305. Practice and procedure.--The procedure in garnish ment cases shall be uniform in all courts throughout this State, and except as otherwise provided in this Code Title, the Georgia Civil Practice Act shall apply in garnishment proceedings.

46-306. Salaries of government employees.--Salaries due offi cials or employees of the State government and of its political sub divisions, departments, agencies and instrumentalities shall be sub ject to garnishment. In such cases, the summons shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary so due, or upon the chief administrative officer of the political subdivision, department, agency or instruc-
mentality, and such entity is required to answer said summons in accordance with the mandate thereof, and as provided by this Code Title. Only for the puropse stated in this Section, the State and its political subdivisions, departments, agencies and instrumentalities are made private persons.

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46-307. Release of summons of garnishment.--It shall be the duty of the clerk of the court in which garnishment proceedings are pending to issue a release of garnishment if

(a) the plaintiff or his attorney so requests in writing; or

(b) the amount claimed due together with the costs of the garnishment proceeding are paid into court; or

(c) a dissolution bond is filed by the defendant and approved by the clerk as provided for in this Code Title; or

(d) In case a judge shall enter an order, after a hearing re quired by this Code Title, directing that such garnishment be released; or
(e) the garnishment is dismissed.
46-308. Effect of release.--A release shall relieve the garnishee from any obligation to file an answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to deliver to the defendant in garnishment any money or other property in the garnishee's possession belonging to the de fendant. A release shall not operate as a dismissal of the garnish ment proceedings.

CHAPTER 46-4. PROCEDURE BY WHICH DEFENDANTS AND CLAIMANTS MAY BECOME PARTIES.

46-401. Defendant may become a party.--A garnishment pro ceeding is an action between the plaintiff and garnishee, but at any time before a judgment is rendered on garnishee's answer, or before money or other property subject to garnishment is distributed, the defendant may become a party to the garnishment for the purposes set out in Code Section 46-403 by filing a traverse to plaintiff's affidavit stating that the same is untrue or legally insufficient, and he shall be a party to all proceedings thereafter. Upon the filing of the defendant's traverse, and at the defendant's application therefor, a judge of the court in which the case is pending shall order a hearing to be held not more than ten days from the date such traverse is filed. Such hearing is available to the defendant as a matter of right after filing his traverse, and no further summons of garnishment may issue, nor may any money or other property answered subject to garnishment be disbursed until such hearing is held.

46-402. Effect of defendant's traverse on garnisheee; substi tution by bond.--When the defendant files his traverse, the gar nishee is not relieved of filing an answer nor is garnishee relieved of delivering the money or other property of the defendant which is subject to the garnishment to the court, unless the defendant files in the clerk's office of the court where the garnishment is pending a bond with good security in favor of the plaintiff conditioned

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for the payment of any judgment that may be rendered in such proceeding. Such bond shall be subject to approval by the clerk of said court, and upon receipt of a bond deemed acceptable by such
clerk, it shall be his duty to issue a release of any summons of garnishment pending in such garnishment proceeding. If the plain tiff shall prevail in such proceeding, he may enter up judgment upon such bond against the principal and securities therein, as judgment may be entered against securities upon appeal. Where the defendant files such bond, no further garnishment may be filed in any court by the plaintiff against the defendant until the issues raised by the defendant's pleadings are decided.

46-403. Issues defendant may raise.-- (a) When garnishment proceedings are based upon a judgment, the defendant, by traverse of plaintiff's affidavit, may challenge the existence of such judgment or the amount claimed due thereon. The defendant may plead any other matter in bar of said judgment, except as provided in sub section (b) of this Section.

(b) The validity of the judgment upon which a garnishment is based may only be challenged in accordance with the provisions of the Georgia Civil Practice Act, and no such challenge shall be entertained in the garnishment case. However, where the court finds that the defendant has attacked the validity of the judgment upon which the garnishment is based in an appropriate forum, the judge may order the garnishment released and stayed until the validity of such judgment has been determined in such forum.

(c) If the garnishment proceedings are based upon a pending suit, the case shall proceed in accordance with the provisions of Code Section 46-206.

46-404. Claimants may become a party.--At any time before judgment is rendered on garnishee's answer, or money or other property subject to garnishment is distributed, any person may file a claim in writing under oath stating that he has a claim superior to that of the plaintiff to the money or other property in the hands of the garnishee subject to the process of garnishment, and such claimant shall be a party to all further proceedings upon said garnishment.

CHAPTER 46-5. ANSWER AND SUBSEQUENT PROCEEDINGS.
46-501. Contents of answer.--Within the time prescribed by Code Section 46-103, the garnishee shall file his answer describing what money or other property is subject to garnishment under Code Section 46-301. If the garnishee shall owe the defendant any sum for wages, the answer shall also state specifically when the wages were earned by defendant and whether the same were earned as daily, weekly, or monthly wages. If garnishee has been served with summons in more than one garnishment case involving the same defendant, garnishee shall state in each answer that the money or other property is being delivered to the court subject to the claims

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of all the cases giving the numbers of all such cases in each answer. If the garnishee shall be unable to answer as herein provided, his inability shall appear in his answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon.
46-502. Service of answer.--All answers by garnishee shall concurrently with filing be served upon the plaintiff or his attorney. Service may be shown by the written acknowledgment of the plain tiff or his attorney or by the certificate of the garnishee or his attorney, attached to garnishee's answer, that a copy of the answer was mailed to plaintiff or his attorney. Provided, however, no service shall be required unless the name and address of the plain tiff or his attorney shall appear on the face of the summons of garnishment. Provided, further, that if garnishee fails to serve the plaintiff, the plaintiff shall be allowed fifteen days from the time plaintiff receives actual notice of the answer to traverse same.

46-503. Delivery of property to court.--Along with the answer, the garnishee shall deliver to the court the money or other property admitted in the answer to be subject to garnishment.
46-504. Traverse of answer of garnishee.--If the garnishee serves his answer on the plaintiff as provided in Code Section 46-502, the plaintiff or claimant must traverse said answer within fifteen days after it is served or the garnishee is automatically dis charged of further liability with respect to the summons so answered.

46-505. Contents of traverse.--The traverse of garnishee's answer shall be a statement by the plaintiff or his attorney or by a claimant or his attorney that garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning garnishee's answer.

46-506. Service of traverse.--A traverse shall be served in the same manner as is provided in Section 5(b) (Ga. Code Ann. Sec. 81A-105 (b)) of the Georgia Civil Practice Act for the service of
subsequent pleadings.

45-507. Garnishee's expenses.--Garnishee shall be entitled to his actual reasonable expenses, including attorney's fees, in making a true answer of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast as costs are cast in other cases. The garnishee may deduct $15.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50.00, as reasonable attorney's fees or expenses; but if garnishee can show his actual attorney's fees or expenses exceed the aforesaid amount, he must petition the court for a hearing, at the time of making his answer, without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been reasonably incurred in making his answer. In the event the garnishee makes the deduction herein permitted, but the costs are later cast upon the garnishee,

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then the garnishee shall forthwith refund to the defendant the funds deducted; and if the costs are later cast against the plaintiff, then the court shall render judgment in favor of the defendant and against the plaintiff for the amount of such deductions made by the garnishee.

46-508. Default judgment against garnishee on failure to answer.--In case garnishee fails or refuses to file an answer by the forty-fifth day after service of the summons, garnishee shall automatically become in default. The default may be opened as a matter of right by the filing of an answer within fifteen days of the day of default upon payment of costs. If the case is still in default after the expiration of such period of fifteen days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant.

46-509. Relief from default judgment.--When a judgment is rendered against a garnishee under Code Section 46-508, on motion filed not later than one year from the date any judgment so ob tained is entered on the General Execution Docket, garnishee, upon payment of all accrued costs of court, may have the judgment modi fied so that the amount of the judgment shall be reduced to 125 percent of the amount by which the garnishee was indebted to defendant from the time of service of summons of garnishment through and including the last day on which a timely answer could have been made for all money, other property, or effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the defendant by law. Provided, however, the amount of the judgment shall not be reduced below an amount equal to 15 percent of the principal amount of the judgment against the defendant or $50.00, whichever is greater. Provided, further, that on the trial of the motion, the burden of proof shall be on the garnishee.

46-510. Proceedings after answer.--Fifteen days after answer is filed, if no traverse or claim has been filed:

(a) If money is delivered to the court by garnishee, the clerk shall pay said money to plaintiff or his attorney on his application;

(b) If other property is delivered to the court by garnishee, the sheriff, marshal, constable or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution and the proceeds of such sale shall be delivered to the plaintiff or his attorney on his application;

(c) If money or other property admitted to be subject to the garnishment is not delivered to the court, judgment shall be rendered for the plaintiff and against the garnishee for said money or other property and execution shall issue on said judgment.

FRIDAY, MARCH 5, 1976

2749

45-511. Order of trial after answer.--After garnishee's answer is filed, the defendant's traverse shall be tried first, and plaintiff's traverse shall be tried second. Claims shall be tried last. Provided, however, the court shall retain the money or other property subject to garnishment until trial of any claim which may be filed under this Title.

46-512. Procedure where defendant prevails; claims.--Where the defendant prevails upon the trial of the issues made by his tra verse, the garnishment case shall be dismissed by the court and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant, unless a claim thereto has been filed. If a claim has been filed, all parties of record may introduce evidence to establish their respective interests in the money or other property in court, and the court shall direct that the money or other property be distributed in accordance with the laws governing priority of claims.
46-513. Conflicting claims of cases.--Where money or other property is in court subject to the claims of more than one garnish ment case, any interested party to any one of the garnishment cases may make a motion to the court in his case for the distribution of such funds. Each party of interest in each case and the clerk of the court shall be served with a copy of the motion. Upon hearing the motion, the court shall enter an order directing that the clerk be paid the court cost of each garnishment proceeding first, and all remaining funds shall be distributed in accordance with the law governing the relative priorities of claims, judgments and liens.
46-514. Trial of plaintiff's traverse; judgment against garnishee.--On the trial of plaintiff's traverse, if the court finds the garnishee has failed to properly answer the summons, the court shall disallow any expenses claimed by the garnishee and render a judgment for any money or other property delivered to the court with the garnishee's answer, plus any money or other property the court finds subject to garnishment which the garnishee has failed to deliver to the court; provided, however, that the total amount of such judgment shall in no event exceed the amount claimed due by plaintiff, together with the costs of the garnishment proceeding.
CHAPTER 46-6. MISCELLANEOUS PROVISIONS.

46-601. Discovery.--Discovery in a garnishment proceeding shall be made in the manner provided for in the Georgia Civil Practice Act.

46-602. Amendment.--Unless otherwise provided in this Act, any affidavit, bond or pleading required or permitted by any pro vision of this Code Title shall be amendable at any time before judgment thereon.

46-603. Challenge to sufficiency of bond.--Any party of record to a proceeding under this Code Title who may be affected materially

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thereby may challenge the sufficiency of any bond required or per mitted by any provision hereof. Such challenge shall be made by motion to require additional security, and if upon hearing the same the court shall determine that the security upon the bond is in adequate for the purposes for which such bond is filed, an order shall be entered requiring the person filing such bond to furnish additional security within seven days of the date of such order. The original surety shall not be discharged from his liability on the bond until another surety is approved.

46-604. Judge to act where no clerk.--Where any provisions of this Code Title which make the performance of any function the duty of the clerk, such function shall be performed by the judge if the court in which the proceedings are filed has no clerk.

46-605. Forms for post-judgment garnishment.--For the pur pose of this Code Title, the following forms are hereby declared to be sufficient for garnishment after judgment. Provided, nothing in this Section shall be construed to require the use of particular forms in any proceeding under this Code Title.

(a) Garnishment Affidavit. --------------COURT OF ------------------------COUNTY

Plaintiff

v.

No..

Defendant

Garnishee

Address
Personally appeared the undersigned affiant who on oath says that he is the above plaintiff, his agent, or his attorney at law and that the above defendant is indebted to said plaintiff on a judgment as described as follows:
-------------- is the case number in the --------------------,,,,-- Court of ---------------------- County which rendered the judgment against the defendant, $---------------------- being the balance thereon.

Sworn to and subscribed before me this-------------------, 19-- .

Affiant

Plaintiff's Attorney

FRIDAY, MARCH 5, 1976

75!

(b) Summons of garnishment. --------------COURT OF ------_,.--------------COUNTY

Plaintiff

v.

No.--------------------------.

Defendant SUMMONS OF GARNISHMENT To: -------.--------_---------__----_--_----_--_----------__ Garnishee

Address
YOU ARE HEREBY COMMANDED to immediately hold all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons and the time of making your answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. Money or other property subject to this summons should be delivered to the court with your answer. Should you fail to answer this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.
Witness the Honorable --------_----------_--------------, Judge of said Court.
This _-------.-------------------- 19--.__.

Clerk, --__--Court of----------County -- Service perfected on Garnishee, this -- --.---- day of.--__--------_--, 19----

Plaintiff's Attorney

Deputy Marshal, Sheriff or Constable

(c) Defendant's traverse and order thereon.

.------------...COURT OF ___------------------------COUNTY

Plaintiff

v.

No.

Defendant Garnishee

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JOURNAL OF THE SENATE,

TRAVERSE OF DEFENDANT

Now comes the defendant in the above styled case and traverses the plaintiff's affidavit by saying the same is untrue or legally insufficient.
Defendant or his attorney at law

ORDER

It is hereby ordered that a hearing be held upon the defendant's traverse before this Court on the _________ day of ______--_.__----.--, 19__^..._, at .._--.... o'clock, .._.... M., and that a copy of the defendant's traverse and this order be served as provided by law.

This ..------.day of

_,,___._.,,, 19---.

Judge,---_-_._.Court of..--...__--,, County

(CERTIFICATE OF SERVICE)

(d) Answer of garnishment.

........................COURT OF ......

COUNTY

.____----------------.________...___--------. Plaintiff

v.

No............................--...--_

.__._._.._--------..-.-.--.--.---------- Defendant

----------------------.------------ Garnishee

ANSWER OF GARNISHMENT

1. At the time of service or from the time of service to the time of this answer, garnishee had in his possession the following described property of the defendant:

2. At the time of service or from the time of service to the time of this answer, all debt accruing from garnishee to defendant is in the amount of $_________.--__-..
3. $-------------- of the amount named in Paragraph 2, was wages earned at the rate of $,,..._.__...__.______.. per _________________------_--.
for the period beginning ___--.------........__., 19____------...... through the time of making this answer. The amount of wages which is subject to this garnishment is computed as follows:

FRIDAY, MARCH 5, 1976

2753

$--.----------- ..Gross earnings $----------.--Total social security and withholding tax $.--------------Total disposable earnings $----.--------.Amount of wages subject to garnishment

4. Garnishee further states:

Garnishee or his attorney at law (CERTIFICATE OF SERVICE) (e) Plaintiff's traverse. --._.........._.._-COURT OF .................----------COUNTY

Plaintiff

v.

No.------__....._.__

Defendant Garnishee

TRAVERSE OF PLAINTIFF
Now comes the plaintiff in the above styled case and traverses the garnishee's answer by saying the same is untrue or legally insufficient.

Plaintiff or hia attorney at law (CERTIFICATE OF SERVICE)
(f) Release of garnishment.
.----------.....COURT OF .....--------._._.........------COUNTY
RELEASE OF GARNISHMENT TO: ......------_.-_.,,...------....------..Garnishee
This is to notify you that you have been released from filing an answer to any and all summons of garnishment pending as of this date in the case of:
No.-------.--..

Plaintiff v.
Defendant

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JOURNAL OF THE SENATE,

This release authorizes you to deliver to the defendant in gar nishment any money or other property in your possession belonging to the defendant.

This release does not terminate the garnishment proceedings nor does this release relieve you of any obligation placed on you by the service of a summons of garnishment subsequent to this date.

This _,,,,____ day of ..................._.._.___....., 19----

Clerk, -----Court of---------County".
Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, and shall apply to all garnishment cases pending on the date of its adoption.
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 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, 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 Fincher Foster Gillis Hamilton of 26th

Hamilton of 34th Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell

FRIDAY, MARCH 5, 1976

2755

McDuffie McGill Overby Pearce Reynolds Riley Robinson

Russell Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barker.

Those not voting were Senators:

Dean of 31st
Garrard Hill

Holley
Holloway Hudgins

Shapard Starr

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 81. By Representative Bolster of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term "homestead" as that term is used for purposes of determining certain exemptions from taxa tion in Fulton County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary not withstanding, the term 'homestead', as such term is used for purposes of determining eligibility for homestead exemption from taxation in Fulton County, shall include, but not be limited to, a claimant hold ing under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation, which holds property, either as owner or under a ninety-nine year lease."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to extend homestead exemptions to owner occupants of non-
( ) NO profit cooperative housing corporations in Fulton County?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 81 (1) By adding following the word "from" on line 4 of Page 1, the following:
"certain".
(2) By striking on line 14 of Page 1, the following:
"taxation",
and substituting in lieu thereof, the following:
"local county, city and school taxes".
(3) By adding following the word "exemptions" on line 28 of Page 1, the following:
"from local property taxes".
On the adoption of the amendment, the yeas were 45, nays 1, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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

FRIDAY, MARCH 5, 1976

2757

Dean of 6th Doss Duncan Eldridge Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Russell

Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Dean of 31st Fincher (excused conferee)

Garrard (excused conferee) Holley Hudgins

Pearce Robinson Shapard (excused conferee) Thompson

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

HR 302. By Representative Brown of the 34th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City; to 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 the State of Georgia, as the same has been heretofore amended, is hereby further amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provision of this Article, the City of Atlanta may levy ad valorem taxes not to exceed two (2) mills in any calendar year for the purpose of paying the principal of and the interest on any issue of revenue obligations issued by said City and secured by a pledge of said taxing power; provided, however, no such pledge may be made with respect to any such issue unless at or prior to the issuance thereof both of the following conditions

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have been met: (1) the net earnings (as hereinafter defined) of the undertaking with respect to which such issue is proposed to be issued for a period of twelve (12) consecutive months out of the fifteen (15) months immediately preceding the adoption of pro ceedings for the issuance of such issue must have been equal to at least one and one-third (1 1/3) times the highest combined principal and interest requirements (as hereinafter defined) for any succeed ing twelve (12) months' period on all then outstanding revenue obligations which are payable from the earnings of such undertak ing and on the obligations of the issue proposed to be issued; and (2) said City has obligated itself to create from the earnings of such undertaking a reserve fund which can be used only to pay the principal of and the interest on the revenue obligations payable from said earnings in an amount which will equal within not more than sixty (60) months from the date of the adoption of proceedings for the issuance of such issue the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months' period on all then outstanding revenue obliga tions which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued. Net earnings as used herein shall be construed to be gross earnings of such undertaking which have been received during the period in question after deducting therefrom the reasonable and necessary expenses of operating, maintaining and repairing such undertaking during the period in question (but excluding depreciation). In determining gross earnings for the purpose of making the computations required to establish net earnings, there may be included, in addition to actual receipts during the twelve (12) months' period in question, an amount equal to the fixed amounts to be received during the twelve (12) months immediately following the date of such determination from new contracts entered into with users of the services of such undertaking or new or increased payments to be received under the provisions of existing contracts on account of the new additions, extensions or improvements to such undertaking which are to be financed from the proceeds of the issue of obligations then proposed to be issued. For the purpose of determining the principal and interest requirements for any twelve (12) months' period, there shall be included, in addition to the amounts which, by the terms of the pertinent revenue obligations, become due and payable during said period, the aggregate principal amount, (and premium, if any,) of any annual mandatory redemption requirements which must be met during said period and a like amount of principal shall be deducted from the principal requirements in the period when such obligations would, by their terms, mature if they were not subject to such mandatory redemption or redemptions. A pledge of the aforesaid taxing power for the purpose herein authorized shall be accomplished by the inclusion of a covenant to such effect in the ordinance authorizing the issuance of such issue of obligations, coupled with a reference to said covenant in the instrument or instruments evidencing the obligation or obligations, and once made, said covenant shall constitute a lien on the moneys received
from the taxes levied in furtherance thereof and the validity of said
covenant, pledge and lien shall be incontestable from and after the
issuance of such issue of obligations and the holder of any such
obligation shall be authorized to enforce the same, provided only
that prior to the issuance of such issue of obligations, the Director

FRIDAY, MARCH 5, 1976

2759

of the Department of Finance of the City of Atlanta, or the suc cessor to his powers, shall have certified to the governing body of said City that the above referred to conditions precedent to the creation of such pledge have been met and said governing body shall have approved the correctness of such certification by a statement to such effect in the ordinance adopted to authorize the issuance of such issue of obligations."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

) YES Shall the Constitution be amended so as to authorize ) NO the City of Atlanta to include in future revenue bond
issues for certain revenue producing projects under certain circumstances a guarantee that an ad valorem tax not to exceed two mills will be levied to pay a difference between income from such project for one year and bond payments due that year in any year of the issue which includes the guarantee ?

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 resolu tion, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Duncan

Eldridge Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Russell Starr Stephens Stumbaugh

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Summers Sutton Tate

Timmons Traylor Turner

Tysinger Warren Young

Voting in the negative was Senator Barnes

Those not voting were Senators:

Bond Dean of 31st Fincher (excused conferee)

Garrard (excused conferee)
Holley Hudgins Pearce

Robinson Shapard (excused conferee) Thompson

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 626. By Representatives Tolbert of the 56th, Linder of the 44th, Williamson of the 45th and Davis of the 56th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the DeKalb County Solid Waste Disposal Authority; to provide for powers, authority, funds, purposes and procedure; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof, the following:
"Paragraph A. Declaration of Need.
Whereas, if the citizens and inhabitants of DeKalb County and environs are to receive adequate and economic solid waste disposal service, provision must be made for acquiring, constructing, im proving, equipping, altering, repairing, operating and maintaining solid waste disposal facilities;
Now, therefore, it is hereby declared that there exists in DeKalb County and environs a need for an Authority to function for the purpose aforesaid.
Paragraph B. Creation of the Authority.
There is hereby created a body corporate and politic to be known

FRIDAY, MARCH 5, 1976

2761

as the 'DeKalb County Solid Waste Disposal Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.

Paragraph C. Purpose.

The purpose of the Authority shall be to acquire, construct, improve, equip, alter, repair, operate and maintain or cause to be acquired, constructed, improved, equipped, altered, repaired, operated and maintained solid waste disposal facilities and to take all other necessary or desirable action, in order to provide or make available adequate and economic facilities for solid waste disposal and related services for DeKalb County.

Paragraph D. Members.
The Authority shall consist of seven members to be appointed by the Board of Commissioners of DeKalb County; two members of the Authority shall be members of the Board of Commissioners of DeKalb County elected from commissioner districts and one member of the Authority shall be a member of the Board of Commissioners of DeKalb County elected by the voters of the entire county, said members so appointed shall be appointed for initial terms of two (2) years and thereafter their successors shall be appointed for terms of four (4) years, provided, however, that said members shall cease to be members of the Authority if they are no longer members of the Board of Commissioners of DeKalb County; and four members of the Authority shall be residents of DeKalb County who are not officers or employees of DeKalb County and shall be appointed for terms of four (4) years. The members shall be eligible for reappointment. Vacancies shall be filled for any unexpired term by the Board of Commissioners of DeKalb County. No vacancy shall impair the power of the Authority to act. The Authority is hereby empowered to elect a chairman, vice chairman and secretary from its members. The members of the Authority shall receive no com pensation for their services on the Authority but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.

Paragraph E. Definitions.
As used in this amendment, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:

(1) 'Authority' shall mean the DeKalb County Solid Waste Disposal Authority hereby created and any successor or successors thereto.

(2) 'Projects' and 'solid waste disposal facility' shall mean systems, plants, works, instrumentalities, equipment and properties

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used or useful in connection with the collection, processing, treat ment, incineration, transporting, reuse or disposal of solid waste and all property, real and personal, of every kind and nature ma terial or pertinent thereto or necessary therefor which may be used or useful in the collection, processing, treatment, incineration, transporting, reuse and disposal of solid waste and may include a divided or undivided interest in any solid waste disposal facility in which the Authority shall participate as an owner in common with others.

(3) 'Cost of project' 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, fees, permits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates, all machinery and equipment, including motor vehicles which shall be used for the collection and transportation of solid waste; 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 incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing hereby authorized. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement 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 hereunder for such
project.

(4) 'Bonds' or 'revenue bonds' shall mean any bonds issued by the Authority under the provisions of this amendment, including
refunding bonds.

(5) 'Solid waste' shall mean garbage, refuse, rubbish, trash and other discarded solid materials, including, without being limited to, waste materials resulting from industrial, commercial, mining, governmental and agricultural operations, and from community activities, but does not include solids or dissolved materials in domestic sewerage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water
effluents, dissolved materials in irrigation return flows or other
common water pollutants; the word 'garbage' shall include all
putrescible wastes, including animal and vegetable matter, animal
offal and carcasses and recognizable industrial by-products but
excluding sewerage and human wastes; and, the word 'refuse' shall
include all nonputrescible wastes.

FRIDAY, MARCH 5, 1&76

2763

Paragraph F. Conduct of Meetings.

Any three (3) members shall constitute a quorum for the trans action of the business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.

Paragraph G. Powers.

The Authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this amend ment, including, but without limiting the generality of the foregoing, the power:

(1) Litigation. To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity;

(2) Seal. To adopt and alter a corporate seal;

(3) 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 gift, grant, lease or otherwise, real property or rights and easements therein and franchises and personal prop erty 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 otherwise dispose of any such property in any manner it deems to the best advantage of the Au thority and the purposes thereof. The Authority shall not have the power of eminent domain under the provisions of any law of the State of Georgia applicable to the condemnation of property for public use. 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;
(4) Officers and Agents. To appoint and select officers, agents, and employees, including engineering, architectural, and constrution experts, fiscal agents, and attorneys, and fix their compensation;

(5) Waste Disposal. To acquire, by purchase or otherwise, in whole or in part, as aforesaid, and to place into operation and to operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others, waste disposal lands, works, facilities and projects; and to provide adequate, de pendable and economic solid waste disposal services for the citizens and inhabitants of DeKalb County. The Authority shall, also, have the power to collect, process, treat, incinerate, transport, reuse and dispose of solid waste; to buy, sell, lease, or otherwise acquire solid

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waste disposal apparatus of all kinds and machinery and devices for the collection, processing, treatment, incineration, reuse, trans porting and disposal of solid waste; to purchase or construct part of the capacity of solid waste disposal projects sponsored and owned by or in common with others; to execute long or short-term purchase
or sale contracts; to acquire or purchase solid waste from any person; to erect, buy, lease, or otherwise acquire, operate and maintain solid waste disposal projects; and to buy, lease or other wise acquire, maintain and operate or cause to be maintained and operated motor vehicles for the collection and transportation of solid waste, all in the exercise of the powers of the Authority and to effectuate the purposes of this amendment;

(6) Contracts. To make contracts, leases and to execute all instruments necessary or convenient, including contracts for con struction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed, and all private persons, firms and corporations and the State of Georgia and all political subdivisions, departments, instrumentalities or agencies of the State are hereby authorized to enter into con tracts, 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 agreements or other undertakings relative to the furnishing of solid waste disposal service and facilities or either of them by the Authority to such municipal corporations and coun ties and by such municipal corporations and counties to the Author ity for a term not exceeding 50 years. As to any political subdivision, municipal corporation, department, institution or agency of this State which shall enter into an agreement under the authority granted herein the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged;

(7) Agreement Relating to Construction, Operation and Maintenance. To exercise any one or more of the powers, rights, and privileges conferred hereby either alone or jointly or in com mon with one or more other parties. 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 solid waste disposal facilities, the Authority may own an undivided interest in such facilities with any other party or parties. The Authority may enter into an agreement or agreements with respect to any such solid waste disposal 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 amendment 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 main tenance of such solid waste disposal facility by any one or more party 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 or methods of determining

FRIDAY, MARCH 5, 1976

2765

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; provided, how ever, the agent shall act for the benefit of the public. Notwithstand ing 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 of the Authority;
(8) Gifts, Grants, and Disposals of Property. To accept, re ceive and administer gifts, grants, appropriations, and donations of money, materials and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency, department, authority, or 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;
(9) Investment. To invest any accumulation of its funds in any fund or reserve in any manner that public funds of the State of Georgia or its political subdivisions may be invested;

(10) General. To do any and all things necessary or proper for the accomplishment of the objectives of this amendment and to exercise any power usually possessed by private corporations per forming similar functions which is not in conflict with the Con stitution and laws of this State, including employment of profes sional and administrative 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 provisions is herein made, shall be payable from the general funds of the Authority and shall not be a charge against any special funds 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;
(11) Indebtedness. To borrow money for any of its corporate purposes and to issue notes; to issue its revenue bonds as herein after provided in evidence of its indebtedness incurred with respect to the powers above described payable from the revenues, receipts,

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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; and

(12) Administration. To adopt, alter and repeal such bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

Paragraph H. Revenue Bonds.

In addition to the purposes for which revenue bonds are now permitted by this Constitution to be issued, the Authority, in order to finance any project or to refund any revenue bonds then out standing, is hereby authorized to issue revenue bonds bearing interest at the rate or rates and maturing in the years and amounts determined by the Authority, and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or here after amended, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any revenue bonds of the Authority.

Paragraph I. Dissolution of Authority.
Should the Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to DeKalb County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

Paragraph J. Taxation.
The Authority is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Georgia, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this amendment, and for such reasons, the State of Georgia covenants with the holders from time to time of the revenue bonds issued hereunder that the Au thority shall be required to pay no taxes or assessments imposed by the State of Georgia or any of its counties, municipal corpora tions, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, posses sion or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any in-

FRIDAY, MARCH 5, 1976

2767

come derived by the Authority whether in the form of fees, rentals, charges, purchase price, installments or otherwise, and that the revenue bonds of the Authority, their transfer and the income there fore shall at all times be exempt from taxation within the State of Georgia. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority.

Paragraph K. Rates and Charges.

The Authority shall not operate or construct a project for profit except insofar as any such profit will inure to the benefit of the citizens and inhabitants of DeKalb County. 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 revenue bonds and other obligations of the Authority, to provide for main tenance 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 any such revenue bonds or other obligations and for the improvement, replacement or expansion of the facilities or services of the Authority.

Paragraph L. Immunity from Liability.

(1) 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.

(2) Credit Not Pledged. No revenue bonds or other obligations issued under provisions of this amendment shall constitute a debt of the State of Georgia or of DeKalb County.

Paragraph M. Construction.

This amendment, being for the welfare of DeKalb County and its inhabitants, shall be liberally construed to effect the purposes hereof.

Paragraph N. Implementation.

This amendment is self-enacting and does not require any en abling legislation for it to become effective; provided, 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 same, and may likewise further regulate the management and conduct of the Authority."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to create the DeKalb County Solid Waste Disposal
( ) NO Authority for the purpose of acquiring, construct ing, improving, equipping, altering, repairing, operating and maintaining solid waste disposal facilities with the power to borrow money and issue revenue bonds to finance the cost of ac complishing the foregoing?"

All persons desiring to vote in favor of ratifying the proposed
amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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 taken, 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 Duncan Eldridge Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Russell Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Dean of 31st Fincher (excused conferee) Garrard (excused conferee)

Holley Hudgins Pearce Robinson

Shapard (excused conferee) Thompson

FRIDAY, MARCH 5, 1976

2769

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 808. By Representatives Elliott of the 49th, Davis and Tolbert of the 56th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Commissioners of DeKalb County, Georgia, to pass ordinances, resolutions, rules and regulations authorizing the payment of certain claims from the county treasury not to exceed two hundred dollars per claimant in any one fiscal year; to provide procedures for the processing of said claims; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution (Ga. Code Ann. Section 2-5402), is hereby amended by adding at the end thereof the following:
"The Board of Commissioners of DeKalb County, Georgia, as the governing authority of said county, in addition to all powers heretofore conferred upon it, is hereby authorized and empowered to pass ordinances, resolutions, rules and regulations for the pay ment of claims out of the treasury of DeKalb County to owners of personal property, which personal property has been injured, dam aged or destroyed by employees of DeKalb County who injure, damage or destroy same within the scope of their employment. The Board of Commissioners shall have no authority to pay any claim in excess of two hundred dollars and such authority shall not extend to the payment of any claim for personal injuries resulting from the misconduct, whether same be wilful or wanton, or negli gence of said employees, unless otherwise authorized by this Con stitution or by law except as otherwise provided herein, and nothing herein shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by DeKalb County, as a political subdivision of the State of Georgia, or other public body, or member of the governing authority of DeKalb County, or im munity or privilege of any kind now or hereafter enjoyed by any supervisor, administrator, employee or other elected or appointed officer, public body, board, or agency, of DeKalb County, Georgia."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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"( ) YES Shall the Constitution be amended so as to authorize the Board of Commissioners of DeKalb County, Geor gia, to pass ordinances, resolutions, rules and regula-
( ) NO tions permitting payment not in excess of two hundred dollars to owners of personal property injured, dam aged or destroyed by employees of DeKalb County, Georgia, who injured, damaged or destroyed same within the scope of their employment?"

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 taken, 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 Duncan Eldridge Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Dean of 31st Fincher (excused conferee) Garrard (excused conferee)

Holley Hudgins Pearce Robinson

Reynolds Riley Russell Starr Stephens Stumbaugh Summers Button Tate Timmons Traylor Turner Tysinger Warren Young
Shapard (excused conferee) Thompson

FRIDAY, MARCH 5, 1976

2771

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 859. By Representatives Dixon of the 151st and Sweat of the 150th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the procedures for the recall of the Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF 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, Coroner, Judge of the Pro bate Court, Sheriff, Tax Commissioner, Treasurer, County Survey or, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education, shall be subject to recall at any time after his election upon petition in writing, signed by one hundred (100) or more qualified registered voters of Ware County. The petition for such recall election must be signed by not less than 25% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the Judge of the Probate Court of Ware County, and it must be signed in the presence of the Judge of the Probate Court or of an employee of 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 county officer shall be recalled. The Judge of the Probate Court shall allow such persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such persons must notify the Judge of the Probate Court when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the Judge of the Probate Court more than 90 days after it is first placed in the Judge's office for the purpose of obtaining signatures thereon. Any petition presented after such 90-day period shall be void and of no force and effect. It shall then be the duty of the Judge of the Probate Court to determine whether such peti tion bears the proper percentage of names and to determine the sufficiency of the petition. The Judge of the Probate Court must make his decision on the sufficiency of the petition within 15 days

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after the same is formally presented to him. In the event he deter mines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 30 nor more than 90- days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following: 'Shall (name of officeholder), (name of office) be recalled and removed from office?'. The Judge of the Probate Court shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such recall election, and the officer so removed shall not be eligible to reelection or appointment to the unexpired term. It shall be the duty of the Judge of the Probate Court to certify the results of such election to the Secretary of State. If a majority of those voting in such election vote against recall, the officer shall retain his office. Vacancies created by a recall election shall be filled in the same manner as provided by law for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same officer shall be held for at least two years."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide for procedures for the recall of the Clerk of the Supe rior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Sur-
( ) NO veyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 859 by striking the words, symbols and figure "one hundred (100)" on line 19, Page 1, in their entirety and inserting in lieu thereof the words, symbols and figure "four hundred (400)".

FRIDAY, MARCH 5, 1976

2773

On the adoption of the amendment, the yeas were 45, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Duncan Eldridge Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Russell Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Dean of 31st Fincher (excused conferee) Garrard (excused conferee)

Holley Hudgins Pearce Robinson

Shapard (excused conferee) Thompson

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

HR 864. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, McCollum of the 134th and White of the 132nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority;

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to repeal a prior amendment ratified and adopted November 3, 1970, Georgia Laws 1970, page 1074; to provide for a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Article VII, Section VII, Paragraph V of the Consti tution is hereby amended by adding at the end thereof the following:

"1. There is hereby created in Albany, Dougherty County, Georgia, the Central Albany Development Authority, to be com posed of nine members, to supersede the existing Authority. Five members shall be owners of an interest of at least a life estate or greater interest in real estate located in the Central Albany Area, hereinafter called owner-members. Two members shall be merchants, business people or professional people operating businesses or pro fessions and having a place of business within the Central Albany Area. One member shall be the Mayor of the City of Albany by virtue of his office. One member shall be the Chairman of the Board of Commissioners of Dougherty County, Georgia, by virtue of his office. The Mayor and Chairman of the Board of Commis sioners of Dougherty County shall serve for the duration of their terms of office. The other members of the Authority shall be elected by the taxpayers within the Central Albany Area for terms of two years each in the manner hereinafter provided. Those members of the Central Albany Development Authority presently serving shall continue to serve for the duration of the terms for which they were appointed, and their successors shall be elected at the caucus held just prior to the expiration of their terms of office.

The Central Albany Development Authority shall call and hold a caucus each year for the election of those members of the Authority whose terms will expire during that year. Except for the first election after the ratification of this amendment, for which provision is hereafter made, the caucus shall be held at a time and place within the Central Albany Area, and on a date, set by the Authority, but not earlier than September 1 nor later than No vember 1 of each year. All members, including those now serving, shall serve until December 31 of the second year of their term, and until their successors have been elected.

Each taxpayer returning real or personal property taxable by the Authority shall be entitled to vote at such caucus. Where the taxpayer, as reflected upon the taxpayer's tax return for that year, is a corporation, a partnership, or other joint interest or ven ture, or where the property returned is jointly owned by two or more persons, partnerships or corporations, such joint owners, joint interests, corporations, or partnerships shall together have one vote, and shall select and designate the person who shall be au thorized to cast such vote in their behalf at such caucus.

Ten persons qualified to vote at such caucus shall be sufficient

FRIDAY, MARCH 5, 1976

2775

to constitute a quorum at any caucus held for the purpose of electing members of the Authority. Each person qualified to vote, (whether representing individuals, corporations, partnerships, or other joint interests or ownership) may cast one vote to fill each vacancy which will occur on December 31 of that year. Nominations shall be made from the floor separately for the owner-members and the merchant-members. Where there are three owner-member vacancies, the three owner-member nominees, and where there are two ownermember vacancies, the two owner-member nominees, receiving the highest number of votes shall be elected to the Authority, and the merchant-member nominee receiving the highest number of votes shall be elected to the Authority.

Written notice of the time, place and date of the caucus, together with the names of the members whose terms are expiring the following December 31, shall be given to each taxpayer at least fifteen days prior to the date for holding said caucus. Mailing such notice at least fifteen days prior to the caucus addressed to the taxpayer as the taxpayer's name appears on the tax return for that year, and at the address shown thereon, shall constitute suf ficient notice.

Whenever the term 'Central Albany Area' is used in this para graph 1, it shall mean the Central Albany Area as defined in paragraph 2 of this amendment.

2. The Central Albany Area shall consist of that area bound on the north by the south side of an alley running parallel to and lying immediately north of Flint Avenue; on the east by the west bank of the Flint River; on the south by the north side of an alley running parallel to and lying immediately south of Oglethorpe Avenue; and on the west by the west side of Jefferson Street. The area shall include all properties abutting on the west side of that portion of Jefferson Street included in the area described.

3. The Central Albany Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell, and convey real and personal property, tangible and intangible, and to do all things necessary to the accomplishment of its purposes.

4. The purpose of said Authority shall be the redevelopment of the Central Albany Area. The Authority shall have the power to employ engineers and planners; to contract for the construction, remodeling and altering of buildings; to develop and operate park ing areas; to contract for the reconstruction, altering and changing and closing of streets and alleys with the City of Albany; to contract generally with other political entities and subdivisions, and specifically with the City of Albany, which political subdivision is hereby empowered and authorized to contract with the Authority to the same extent that it is authorized by law to contract with other governmental agencies.

5. The Authority shall have the power to create special tax

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districts within the Central Albany Area, to levy and collect taxes within said tax districts based on values fixed by the digest of the City of Albany, Georgia, but not in excess of a maximum of 10 mills in any one year, to defray the cost of the foregoing, and to
issue executions and enforce payment of the same in the same manner as tax executions for the City of Albany are issued and enforced. All taxes due Central Albany Development Authority shall be liens from January 1 of the year in which levied on all of the property of the taxpayer.

6. The Authority shall have the power to issue bonds and/or
revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness, and to issue execution for enforcement thereof as provided in paragraph 5.

7. No taxes shall be levied by said Authority for any purpose against property occupied by the owner as a residence or property used exclusively for church purposes.

8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives.

9. In no fiscal year shall the expenditures of the Authority be in excess of the anticipated revenues for that fiscal year plus any unexpended and uncommitted funds remaining from the previous year, except that the Authority shall have the power to create in debtednesses for the purchase of property necessary to the ac complishment of its objectives, provided that the amount of an nual payments to be made on all indebtednesses outstanding shall not exceed in any one year fifteen percent of the anticipated revenues of the Authority for that year.

10. The General Assembly of Georgia shall have the power and authority from time to time to alter, amend, change, add to or delete from the powers and authority of the Central Albany Development Authority, to change the manner of election and ap pointment of the members, and to change the boundaries of the Central Albany Area. The General Assembly of Georgia is hereby vested with full and complete power and authority to enact legis lation with respect to Central Albany Development Authority.

11. This amendment shall not become effective until it has been ratified in the manner provided for in the next Section of this amendment, and, in addition thereto, after ratification, has been approved in the following manner:

If this amendment shall be ratified by the voters at the general election to be held in November, 1976, the Central Albany Develop ment Authority shall call a caucus to be held on December 8, 1976, at a time and place fixed by the Authority, at which caucus this amendment shall be submitted to the taxpayers of the area as de fined by existing law for approval. Notice of said caucus shall be

FRIDAY, MARCH 5, 1976

2777

given in the same manner and to the same persons as herein pro vided in case of caucuses for the election of members of the Au thority, except that there shall be included all such persons in the area as defined by existing law. The referendum to determine approval or disapproval shall be held under the rules, methods, and procedures hereinbefore provided in the case of elections of mem bers of the Authority, and votes shall be cast by the same persons and in the same manner, except that taxpayers in the present area shall be included. This amendment shall not become effective unless a majority of those voting at such election shall vote in favor of it. The Authority shall certify the result of such election to the Secre tary of the State of the State of Georgia.

If the amendment is approved at such caucus, an election shall then be held immediately following, at the same caucus, to elect those members of the Authority whose terms expire during that year, together with one additional owner-member and one additional merchant-member, each to serve for a term of two years and until their successors have been elected and qualified. Only tax payers resident in the area as redefined in this amendment, and as described in paragraph I hereof, shall be entitled to vote in said election.

12. If this amendment shall be approved and ratified in the manner provided for in the paragraph immediately preceding, then upon such ratification, that certain amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, ratified and adopted on the 3rd day of November, 1970, originally establishing the Central Albany Development Authority, and published in Ga. Laws 1970, page 1074, shall stand repealed, and the Central Albany Development Authority shall thereafter be governed by the terms 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 Central Albany Develop-
( ) NO ment Authority to supersede the existing Authority, and to provide for the powers, duties, and respon sibilities 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 taken, 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
Duncan
Eldridge
Foster
Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby

Reynolds Riley Russell Starr Stephens Stumbaugh Summers Button Tate
Timmons
Traylor
Turner
Tysinger
Warren
Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Dean of 31st Fincher (excused conferee)

Garrard (excused conferee) Holley Hudgins Pearce

Robinson Shapard (excused conferee) Thompson

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 888. By Representatives Larsen of the 119th and Coleman of the 118th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the establishment of a Down town Dublin Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, MARCH 5, 1976

2779

Section 1. Article VIII, Section VII, Paragraph I of the Consti tution is amended by adding at the end thereof the following paragraph:

"The General Assembly shall be authorized to provide by law for the creation in and for the City of Dublin, the Downtown Dublin Development Authority for the purpose of redevelopment of the downtown Dublin area. The General Assembly may provide that said Authority shall have the power to employ engineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Dublin for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to create or to empower the Authority to create special tax districts within the City of Dublin and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of Dublin, to defray the costs of the foregoing. The General Assembly may further provide that the Authority shall have the power to issue bonds 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 exclusive ly for residential purposes or property used for school or church purposes. The General Assembly may further provide that 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 Dublin which shall be subject to the provisions of this paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the
( ) NO establishment of a Downtown Dublin Development Authority and to provide for the powers, duties, and responsibilities of said Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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The resolution, proposing an amendment to the Constitution, a roll call was taken, 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 Duncan Eldridge Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard
Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Russell Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Dean of 31st Fincher (excused conferee)

Garrard (excused conferee) Holley Hudgins Pearce

Robinson Shapard excused conferee Thompson

On the adoption of the resolution, the yeas were 45, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1920. By Representatives Murphy of the 18th, Burruss of the 21st, Cole of the 6th and others:
Senate Sponsor: Senator Broun of the 46th.
A bill to authorize the Georgia Building Authority, its security person nel and certain law enforcement officers to exercise certain powers and authority upon the properties and buildings of the Authority; to provide the procedures connected therewith; to provide for penalties.

Senator Lewis of the 21st offered the following substitute to HB 1920:

A BILL

To be entitled an Act to authorize the Georgia Building Authority, its security personnel and certain law enforcement officers to exercise

FRIDAY, MARCH 5, 1976

2781

certain powers and authority upon certain property and buildings; to authorize the Adjutant General of the State of Georgia to empower service contract security guards employed by the Department of Defense to exercise certain powers and authority upon certain property and buildings and to carry firearms in the official performance of their duties; to provide for matters relative thereto; to provide for penalties; 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 Building Authority and its security per sonnel are hereby authorized and empowered to deny the entrance of any person into or upon any property or building of the Authority or the State when such person's activities are intended to disrupt or interfere with the normal activities and functions carried on in such property or building or have the potential of violating the security of the personnel therein. The Authority and its security personnel are hereby authorized and empowered to deny entrance into or upon any such property or building of any person displaying any sign, banner, placard, poster or similar device. The Authority and its security person nel are hereby authorized and empowered to remove any person from any such property or building when such person's activities interfere with or disrupt the activities and the operations carried on in such op erations carried on in such property or building or constitute a safety hazard to such property or building or the inhabitants thereof. The authority and power provided herein shall also extend to any property or building utilized by the State or any agency thereof. Any law en forcement officer assisting the Authority or any of its security per sonnel shall have the same authority and power bestowed upon the Authority by this Act.
Section 2. The Adjutant General of the State of Georgia is hereby authorized to empower service contract security guards employed by the Department of Defense with the power and authority to make sum mary arrests of persons violating the laws of this State or the United States upon and surrounding any Georgia Air National Guard or Geor gia Army National Guard facility. In case of such arrests, the service contract security guard shall as soon as possible deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed. The Adjutant General shall also have the power and authority to authorize service contract security guards to carry firearms in the official performance of their duties.
Section 3. Any person who shall refuse to obey any lawful order of any such security personnel or law enforcement officer issued pur suant to this Act, or any person who shall refuse to vacate any such property or building when requested to do so, shall be guilty of a mis demeanor and, upon conviction thereof, shall be punished as for a disdemeanor.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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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 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, 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
Doss
Duncan
Eldridge
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Hudson Kennedy Kidd Langford Lester
Lewis
McDuffie
McGill
Overby
Pearce

Reynolds Robinson Russell Starr Stephens Stumbaugh Summers Sutton Thompson Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators :

Barker Bond Dean of 31st Fincher

Hill Howard Hudgins McDowell

Riley Shapard Tate

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 bill of the Senate was taken up for the purpose of considering House action thereto:

SB 536. By Senator Pearce of the 16th:
A bill to require State agencies to require reports and agreements from nonprofit contractors; to provide definitions; to specify the contracts subject to the provisions of this Act; to provide exceptions.

FRIDAY, MARCH 5, 1976

2783

The House substitute was as follows:

A BILL

To be entitled an Act to require State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency; to provide definitions; to specify the contracts subject to the provisions of this Act; to provide exceptions; to require such nonprofit contractors to submit certain financial information to the State agency; to require such nonprofit contractors to submit annual summaries of activities and services; to prohibit certain activities by such nonprofit contractors; to provide for rules; to prohibit the transfer of public funds under certain circumstances; to provide penalties; to require State agencies to report certain information to certain persons; to provide for the preemption of certain provisions of this Act by federal law or regulations; 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. For the purposes of this Act, unless the context other wise clearly requires, the term:

(a) "State agency" means the State or any of its departments, boards, bureaus, commissions, authorities or other agencies. The term "State agency" shall not include agricultural commodity commissions created pursuant to the Georgia Agricultural Commodities Promotion Act (Ga. Laws 1969, p. 763), as now or hereafter amended.

(b) "Nonprofit contractor" means any individual, partnership, corporation, association, organization or similar entity which contracts with and receives public funds from a State agency to provide services on a nonprofit basis. The term "nonprofit contractor" shall include only those entities no part of the income or profit of which is distributable to its members, directors, officers or any other private person. The term "nonprofit contractor" shall not include the federal government, state or local governments or school systems or their agencies but shall include Area Planning and Development Commissions (APDC's), Cooperative Education Service Agencies (CESA's), and Community Action Agencies.

Section 2. (a) Except as provided in subsection (b), all contracts between a nonprofit contractor and a State agency shall be subject to the provisions of this Act.

(b) The provisions of this Act shall not apply to the following:

(1) contracts entered into after competitive bids including amendments thereto; and

(2) individual employment contracts.

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Section 3. (a) A State agency before entering into a contract with a nonprofit contractor shall require the contractor to:
(1) furnish the State agency, within 90 days after execution of a contract, with a certified financial statement of the nonprofit contractor's total receipts and expenditures for the previous year, including an individual listing of each employee and his salary and expenses, a listing of the sources of income of the nonprofit con tractor by category, and a listing of the source of all public funds received by the nonprofit contractor and the program for which re ceived ;
(2) agree in writing to furnish annually the State Auditor and State agency with the report of an independent auditor covering the nonprofit contractor's total receipts and expenditures for the nonprofit contractor's previous fiscal year, which report, unless otherwise provided in State law, shall contain at least the informa tion required by the Code of Federal Regulations, Title 34, Part 256 (hereinafter referred to as "34 CFR Part 256"), Appendix G "Standards for Grantee Financial Management Systems", Subparagraph 2.h as it exists on the effective date of this Act, and in cluding in such report an individual listing of each employee and his salary and expenses;
(3) agree in writing to provide on an annual basis, a summary statement, for each contracted program, of the services delivered, number of people served, and such other information as the State agency shall require, a copy of which shall be furnished to the State Auditor; and
(4) agree in writing to refrain from political activities, in cluding endorsement of any political candidate or party, use of machinery, equipment, postage, stationery, or personnel in behalf of any candidate or any question of public policy subject to a ref erendum, or the display of political posters, stickers, or other printed material.
(b) Where, during the nonprofit contractor's previous fiscal year, unless otherwise provided in State law, either
(1) there were in operation contracts from more than one State agency but no contracts or grants were in operation from any federal agency, then the reports required by Sections 3 (a) (2) and 3 (a) (3) prepared for the State agency with the predominant interest, as designated by the State Auditor, shall be accepted by the other State agency as fulfilling such requirements; or
(2) there were in operation contracts from one or more State agencies and contracts or grants from one or more federal agencies and the nonprofit contractor was required to provide reports to the federal agencies which substantially comply with the require ments of Sections 3(a) (2) and 3 (a) (3), then the State agency shall accept such reports as fulfilling such requirements.

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2785

(c) The State Auditor shall adopt by rule specific standards and forms for the annual financial audit required in 3(a) (2).

(d) No State agency shall transfer to a nonprofit contractor any public funds from any source if the nonprofit contractor does not comply with the requirements of this Section.

(e) A State agency may require, in accordance with law, nonprofit contractors to submit reports in addition to those required by this Act and may require nonprofit contractors to meet requirements in addition to those specified by this Act.

(f) A nonprofit contractor shall furnish the State Auditor and the State agency with the financial audit required by Section 3 (a) (1) and the summary statement required by Section 3 (a) (2) within ninety days after the end of the annual reporting period.

Section 4. (a) A nonprofit contractor which receives public funds from a State agency pursuant to a contract with the State agency and which after having received such funds does not comply with the pro visions of this Act shall be required to repay all such funds to the State agency and shall be prohibited from receiving funds from any State agency for a period of twelve months from the date of notification by the State agency of the failure to comply.

(b) This Section shall be cumulative to any other penalties ap plicable to the misuse of public funds.

(c) The prohibition against receiving funds from any State agency contained in subsection (a) shall not apply to grants to Cooperative Education Service Agencies (CESA's) under Section 36 of the Adequate Program for Education in Georgia Act (Ga. Laws 1974, p. 1045), as now or hereafter amended, or HUD-701 Planning Grants to Area Plan ning and Development Commissions.

Section 5. Each State agency prior to each regular session of the General Assembly shall submit to the members of the House and Senate Appropriations Committees a report containing the following information for the preceding fiscal year:

(a) the name of and address of each nonprofit contractor with which the State agency contracted; and

(b) the amount of public funds received by the nonprofit con tractor from the State agency.

Section 6. The certified financial statements, financial audits, and summary statements required by this Act shall be public records and shall be made available for public inspection during regular office hours.
Section 7. Any provisions of this Act in conflict with federal law or regulations applicable to a particular nonprofit contractor and

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JOURNAL OF THE SENATE,

which would cause such nonprofit contractor to lose federal funds shall not apply to such nonprofit contractor.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Pearce of the 16th moved that the Senate agree to the House substi tute to SB 536.

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 Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Doss Duncan Eldridge Pincher Poster

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudson Kennedy Langford Lester Lewis McDuffie McGill Overby Pearce Riley

Robinson Russell Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Brown of 47th (excused conferee) Dean of 31st (excused conferee) Garrard

Gillis (excused conferee) Howard Hudgins Kidd (excused conferee)

McDowell Reynolds (excused conferee) Shapard (excused conferee) Young

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 536.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 2100. By Representative Murphy of the 18th: Senate Sponsor: Senator Pearce of the 16th. A bill to amend Code Section 56-407A relating to uninsured motor vehicle

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2787

coverage, so that application for discharge in bankruptcy shall not be a bar to an insured person's claim.

The Senate Committee on Judiciary offered the following substitute to HB2100:

A BILL

To be entitled an Act to amend Code Section 56-407A, relating to uninsured motor vehicle coverage, as amended, so that application for discharge in bankruptcy, appointment of a trustee in bankruptcy or discharge in bankruptcy shall not affect the legal liability of an un insured motorist; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, it has always been the intention of the General As sembly that an uninsured motorist's insurance carrier should pay the damages sustained by its insured and shall not escape liability by pleading any phase of bankruptcy proceedings by the uninsured motor ist.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 56-407A, relating to uninsured motor vehicle coverage, as amended, is hereby amended by adding a new paragraph at the end of subsection (a) to read as follows:

"The application for discharge in bankruptcy by an uninsured motorist as defined in this law or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this law or the discharge in bankruptcy of an uninsured motorist as defined in this law shall not affect the legal liability of an uninsured motorist as such term 'legal liability' is used in this law, and such application for voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this law so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this Act as now or hereafter amended; but, such insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the ap plicable uninsured motorist insurance protection afforded by its policy. In such cases the uninsured motorist, upon being discharged in bankruptcy, may plead such discharge in bankruptcy against any subrogation claim of any such uninsured motorist carrier mak ing payment of a claim or judgment in favor of an uninsured per son, and such uninsured motorist may plead his discharge in bank ruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to such insured person."

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JOURNAL OF THE SENATE,

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 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Doss Duncan Eldridge Fincher Foster Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Robinson Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brown of 47th Dean of 6th Dean of 31st

Garrard Hill Howard Reynolds

Russell Shapard Summers

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 1318. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Langford of the 51st.
A bill to create Judicial Administration District and the boundaries thereof; to provide for Judicial Administration District Councils; to provide for Administrative Assistants.

FRIDAY, MARCH 5, 1976

2789

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1318 by striking the last sentence in Section 2 and inserting in lieu thereof the following:

"The Governor, after conferring with the Superior Court Judges, shall establish by July 1, 1976, the original boundaries of each Judicial Administration District pursuant to the provisions of this Section. The ten (10) Administrative Judges provided for in this Act may provide for any necessary changes in the boundaries in such Districts not inconsistent with the provisions of this Sec tion."

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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Broun of 46th
Carter
Coverdell
Doss
Eldridge Fincher
Foster
Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Hudgins
Hudson
Kennedy
Kidd Langford
Lewis McDowell
McDuffie
Overby

Those voting in the negative were Senators:

Dean of 31st Duncan Garrard Hill

Lester McGill Pearce Robinson

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee)

Brown of 47th Dean of 6th

Reynolds Riley Russell Starr Stumbaugh Summers Tate Timmons Tray lor Turner Warren Young
Shapard Sutton Thompson Tysinger
Howard (excused conferee) Stephens

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 38, nays 12.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 696. By Senator Kidd of the 25th: A bill to amend the "Georgia Peace Officers Standards and Training Act", approved Mar. 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to change the qualifications of peace officers.
The House substitute to SB 696 was as follows:
A BILL
To be entitled an Act to amend 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 13, 1973 (Ga. Laws 1973, p. 539), so as to change the qualifications of peace officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. 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 13, 1973 (Ga. Laws 1973, p. 539), is hereby amended by adding at the end of subsection (d) of Section 8 the following:
"provided the same shall not apply to violation of traffic laws and cases involving the operation of motor vehicles when the applicant has received a pardon;", so that when so amended, Section 8 shall read as follows:
"Section 8. After the effective date of this Act, any person employed or certified as a peace officer shall:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) Have a high school diploma or its recognized equivalent;
(d) Not have been convicted by any State or by the Federal Government, of any crime, the punishment for which could have been imprisonment in the Federal or State prison or institution;

FRIDAY, MARCH 5, 1976

2791

nor shall he have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law; provided the same shall not apply to violation of traffic laws and cases involving the operation of motor vehicles when the applicant has received a pardon;

(e) Be fingerprinted and a search made of local, State and National fingerprint files to disclose any criminal record;

(f) Possess good moral character as determined by investi gation under procedure established by the council;

(g) Have an oral interview with the hiring authority or his representative(s) to determine such things as applicant's ap pearance, background and ability to communicate;

(h) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental condi tions which might adversely affect his exercising the powers or duties of a peace officer."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substi tute to SB 696.

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 Barnes Bell Brantley Broun of 46th Carter Coverdell 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

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Young

Those not voting were Senators:

Bond Brown of 47th Dean of 6th

Duncan Fincher Pearce

Stephens Turner Warren

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JOURNAL OF THE SENATE,

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 696.

Senator Ballard of the 45th moved that the following bill of the House be postponed until 11:20 o'clock A. M.:

HB 1513. By Representatives Crawford of the 5th, Snow and Hays of the 1st 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 Ga. to ascertain whether or not any district attorney 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.

On the motion, the yeas were 29, nays 2; the motion prevailed, and HB 1513 was postponed until 11:20 o'clock A. M.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1880. By Representative Rainey of the 135th:
Senate Sponsor: Senator McDowell of the 2nd.
A bill to amend an Act relating to the State parks and recreational areas so as to provide for rules and regulations relating to the use and occupancy of State parks and recreational areas and the protection of State property and the public health, safety and welfare.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 1880 by inserting on Page 1, line 10, immediately preceding the words "to provide" the following:
"to provide that nothing in this Act shall be construed to re peal, diminish or supersede the authority of the Department of Human Resources to promulgate rules and regulations for the protection of the public health;", and
By inserting on Page 2, line 8, after the word "thereon" the following:
"; provided, however, that nothing in this Section shall be construed to repeal, diminish or supersede the authority of the Department of Human Resources to promulgate rules and regula tions for the protection of the public health."

FRIDAY, MARCH 5, 1976

2793

On the adoption of the amendment, the yeas were 32, nays 2, and the com mittee amendment was adopted.

Senator McDowell of the 2nd offered the following amendment:
Amend HB 1880 by inserting in line 13 of Page 1 between the word "thereon;" and the word "to" the following:
"to provide that nothing in this Act shall give additional power to the Board of Natural Resources to adopt and promulgate rules and regulations relating to the game and fish laws;".
By adding at the end of paragraph (2) of quoted Section 9A the following:
"Provided, however, that nothing in this Section shall be con strued to give additional authority to the Board of Natural Re sources to adopt and promulgate rules and regulations relating to the game and fish laws of this State."
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 as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, 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
Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th
Holley Holloway Hudgins Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby

Those voting in the negative were Senators:

Bond Coverdell Dean of 6th Hamilton of 26th

Hill Howard Kidd Robinson

Pearce Reynolds Riley Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger
Russell Traylor Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 31st Hudson

Stephens Tate

Warren

On the passage of the bill, the yeas were 40, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1935. By Representative Gignilliat of the 122nd: Senate Sponsor: Senator Riley of the 1st. A bill to enact the Facade and Conservation Easements Act of 1976; to provide for definitions; to state the duration and means of acquisition of such easements; to provide for recordation; to require tax assessors to revalue encumbered property; to provide for appeals.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 1935 by striking on Page 2, line 14, the word "gift,";
and
By striking on Page 2, line 15, the word "prescription,";
and
By striking on Page 2, line 31, the word "may" and inserting in lieu thereof the word "shall".
On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.
Senator Riley of the 1st offered the following substitute to HB 1935:
A BILL
To be entitled an Act to enact the Facade and Conservation Ease ments Act of 1976; to provide for definitions; to state the duration and means of acquisition of such easements; to provide for recordation; to require tax assessors to revalue encumbered property; to provide for appeals; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short title. This Act shall be known and may be cited as the "Facade and Conservation Easements Act of 1976."

FRIDAY, MARCH 5, 1976

2795

Section 2. Definitions. As used in this Act, unless the context otherwise requires, the following definitions apply:

(a) "Facade" an interior or exterior surface of a building which is given emphasis by special architectural treatment.

(b) "Facade easement" means any restriction or limitation on the use of real property expressly recited in any deed or other instrument of grant or conveyance executed by or on behalf of the owner of real property whose purpose is to preserve historically or architecturally significant structures or sites located within an officially designated historic district pursuant to the applicable provisions of any local political subdivision's authority to provide for such districts and to provide for special zoning restrictions therein.

(c) "Conservation easement" means a restriction or limitation on the use of real property expressly recited in any deed or other instru ment of grant or conveyance executed by or on behalf of the owner of the land described therein whose purpose is to preserve land or water areas predominantly in their natural, scenic, landscape or open condition or in agricultural, farming, forest or open space use or to return land or water areas to such conditions or uses when such land is located within a historic district provided for in (a) above.

Section 3. Interest in land; how acquired; duration. Such facade and conservation easements are interests in land and may be acquired through express grant to any governmental body or charitable or educatioal corporation, trust or organization which has the power to acquire interests in land. Where such facade and conservation easements are not acquired for the benefit of any dominant tract of land, they shall be enforceable against the servient estate, both at law and in equity, as an easement in gross, and as such they may be assignable to any governmental body or charitable or educational corporation, trust or organization as aforesaid. It shall be presumed that such facade or conservation easements are created in perpetuity, unless the instru ment of conveyance creating such facade or conservation easements shall state otherwise, in which case the easement may be extinguished or released, in whole or in part by the dominant owner in the same manner or by the same means as other easements are extinguished or relaesed.

Section 4. Assessment of real property to reflect encumbrance of easements. The instrument of conveyance of such facade or conservation easement shall conform to the formalities of a registerable deed to land and be recorded in the office of the clerk of the superior court of the county where the land lies. Such recording shall be notice to the Board of Tax Assessors of such county of the conveyance of the facade or con servation easement and shall entitle the owner to a revaluation of the encumbered real property so as to reflect the existence of such encum brance on the next succeeding digest of such county. Any owner who so records and is aggrieved by a revaluation or lack thereof under this Section may appeal to the Board of Equalization and may appeal from the decision of the Board of Equalization in accordance with the pro visions of Code Section 92-6912.

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JOURNAL OF THE SENATE,

Section 5. Legislative purpose. The General Assembly hereby finds, determines and declares that the historical, cultural and aesthetic heritage of this State is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people.

In accordance with this finding, it is hereby declared to be the purpose and intent of the General Assembly to encourage and promote the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, and works of art having a special historical, cultural and aesthetic interest or value.

Section 6. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. Repealer. 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 substitute was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.

On the passage of the bill, a roll call was taken, 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 Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Those not voting were Senators:

Dean of 31st Hamilton of 34th
McDowell

Reynolds Traylor
Warren

Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger
Young

FRIDAY, MARCH 5, 1976

2797

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed bv substitute.

HB 997. By Representatives Carter of the 146th, Harris of the 138th and Poster of the 152nd: Senate Sponsor: Senator Button of the 9th. A bill to amend an Act known as the "Ga. Retailers' and Consumers' Sales and Use Tax Act" so as to clarify the provisions of existing law which grant an exemption from sales and use tax to certain machinery and equipment used on the farm in the production of poultry, eggs, fluid milk or livestock.
Senator Sutton of the 9th offered the following amendment:
Amend HB 997 by inserting in line 8 on Page 1 between "livestock;" and "to" the following:
"to provide for an exemption of machinery and equipment used in the hatching and breeding of poultry and the breeding of live stock;".
By inserting between lines 22 and 23 on Page 1 the following:
"and by adding at the end of said Section 3(c) (2) a new paragraph (y) to read as follows:
'(y) The sale of machinery and equipment used in the hatching and breeding of poultry and the breeding of livestock.' "

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, 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

Foster Garrard Gillis Hamilton of 26th Hill Holley Holloway

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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 Young

Those not voting were Senators:

Bond
Dean of 31st Fincher

Hamilton of 34th
McDowell Riley

Warren

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the House was taken up for the purpose of considering House action thereto:

HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to provide that appointments to fill vacancies on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term; to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person.

Senator Lewis of the 21st moved that the Senate amendments to HR 196 be adhered to and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate amendments to HR 196 were adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Banks of the 17th, Hudgins of the 15th and Overby of the 49th.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

FRIDAY, MARCH 5, 1976

2799

HB 1333. By Representatives Pinkston of the 100th, Greer of the 43rd, Evans of the 99th and others:
Senate Sponsor: Senator Robinson of the 27th.
A bill to amend Code Section 9-101, relating to the eligibility of persons to hold civil offices, as amended, so as to provide that persons 18 years of age or older shall be eligible to hold any county or municipal office, except such offices of a judicial nature.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Brantley 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

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Young

Voting in the negative were Senators Broun of 46th and McGill.

Those not voting were Senators:

Ballard (excused conferee) Barnes (excused conferee)

Bond Fincher Pearce (excused conferee)

Russell Turner Tysinger Warren

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1379. By Representative Knight of the 67th:
Senate Sponsor: Senator Sutton of the 9th:
A bill to amend Section 92-3102 of the Code of Georgia of 1933, as amended, relating to the rate of taxation of corporations and to corporate adjustments; to provide for the clarification of the nondeductibility of certain taxes paid by corporations.

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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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond Brantley Broun of 46th 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 Reynolds

Riley Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard (excused conferee) Barnes (excused conferee) Brown of 47th

Fincher Hamilton of 26th Hill Pearce (excused conferee)

Robinson Russell Starr

On the passage of the bill, the yeas were 46, 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 11:15 o'clock A. M.

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others: A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1500 was postponed until 11:15 o'clock A. M.
The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

FRIDAY, MARCH 5, 1976

2801

HB 1531. By Representatives Karrh of the 106th, Howard of the 19th and Sams of the 90th:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to authorize the expenditure of State funds as partial compensation of an assistant district attorney em ployed pursuant to a federal grant where the State is by Federal law required to provide a percentage of the matching funds for such a grant.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Young

Those not voting were Senators:

Ballard (excused conferee) Barnes (excused conferee) Fincher

Holloway McDowell Pearce (excused conferee) Reynolds

Stephens Turner Warren

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1541. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
Senate Sponsor: Senator Riley of the 1st.
A bill to amend an Act creating the Georgia Ports Authority so as to provide Ports Authority Security Guards with arrest powers on Ports

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Authority property; to provide applicability of State traffic laws to Ports Authority property.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Ballard (excused conferee) Barker Barnes (excused conferee) Bond

Dean of 6th Holloway Hudson Pearce (excused conferee)

Russell (excused conferee) Timmons (excused conferee) Young (excused conferee)

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1545. By Representatives Irvin of the 23rd, Sams of the 90th, Karrh of the 106th and Walker of the 115th:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend Code Chapter 113-10, relating to distribution, advance ments, and year's support, as amended, so as to provide the manner in which parties are identified on applications for year's support; to pro vide for orders for year's support awarding interests in real property and the contents, recording, filing, fees, and return thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 5, 1976

2803

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell 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 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 (excused conferee) Barnes (excused conferee)

Bond Dean of 6th Fincher Hudgins

Pearce (excused conferee) Russell

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1563. By Representatives Hatcher of the 131st and Richardson of the 52nd:
Senate Sponsor: Senator Banks of the 17th.
A bill to amend Code Title 24A, the Juvenile Court Code, so as to change certain definitions; to provide that only children accused of a capital crime may be held in a jail prior to a committal hearing or indictment.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley

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Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

McGill Overby Reynolds Riley Robinson Shapard Starr Stephens Summers

Those not voting were Senators:

Ballard (excused conferee) Barnes (excused conferee) Fincher Holloway

Hudgins Pearce (excused conferee) Russell (excused conferee)

On the passage of the bill, the yeas were 46, nays 0.

Sutton Tate Thompson Timmons Turner Tysinger Young
Stumbaugh (excused conferee) Traylor Warren

The bill, having received the requisite constitutional majority, was passed.

HB 1624. By Representatives Smith of the 42nd and Smith of the 78th: Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 68B-313, relating to the surrender and return of the license, so as to provide that the revocations and suspen sions provided for in said Title shall commence on the day that the individual receives actual knowledge or legal notice thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Broun of 46th 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 Reynolds Riley

Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, MARCH 5, 1976

2805

Those not voting were Senators:

Banks Barnes Brown of 47th

Dean of 6th Fincher

Pearce Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1643. By Representatives Richardson of the 52nd, King of the 96th, Hawkins of the 50th and others:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend Code Title 49, relating to guardians and wardships, as amended, so as to provide for natural guardians and their bond; to provide for appointment of testamentary guardians by widows and widowers; to provide that a married woman or man may be guardians.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Starr Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barnes Dean of 6th Duncan

Hill Holloway Langford

Pearce Stephens

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
Senate Sponsor: Senator Robinson of the 27th.
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

Senator Dean of the 6th moved that HB 1500 be tabled.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Bond Brantley Carter Coverdell Dean of 6th Dean of 31st Doss

Garrard Hamilton of 26th Holley Howard Hudgins Kidd Pearce Russell Stephens

Stumbaugh Sutton Tate Thompson Timmons Traylor Warren Young

Those voting in the negative were Senators:

Ballard Banks Barker Broun of 46th Brown of 47th Duncan Eldridge Gillis Hamilton of 34th

Hill Holloway Hudson Kennedy Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Shapard Starr Summers Turner Tysinger

Those not voting were Senators:

Fincher

Foster

Langford

On the motion, the yeas were 26, nays 27, and the motion was lost.

Senator Brantley of the 56th offered the following amendment:
Amend HB 1500 by removing in its entirety Section 5 and renumber ing remainder.

On the adoption of the amendment offered by Senator Brantley of the 56th, Senator McDowell of the 2nd called for the yeas and nays; the call was sustained, and the vote was as follows:

FRIDAY, MARCH 5, 1976

2807

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Eldridge

Foster Garrard Hill Holley Howard Hudgins
Kidd Langford Lester McGill Overby Reynolds

Russell Shapard Stephens Stumbaugh Summers Sutton Tate Traylor Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Dean of 31st Doss Duncan Gillis Hamilton of 26th

Holloway Kennedy Lewis McDowell McDuffie Riley

Robinson Starr Thompson Timmons Turner

Those not voting were Senators:

Fincher Hamilton of 34th

Hudson

Pearce

On the adoption of the amendment, the yeas were 35, nays 17, and the amendment offered by Senator Brantley of the 56th was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend HB 1500 by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9, which shall read as follows:
"Section 9. Said Act is further amended by adding a new Section following Section 15, to be numbered Section ISA, to read as follows:
'Section 15A. Rules of the Road for Boat Traffic. The Board of Natural Resourecs is hereby authorized to adopt and promulgate rules and regulations providing rules of the road for boat traffic. In adopting such regulations the Board shall consider and may follow when applicable the 'Inland Rules of the Road', as stated in 33 U.S.C. 154, et seq., 232, 157a.' "

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment offered by Senator Robinson of the 27th was adopted.

Senator Eldridge of the 7th offered the following amendment:

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JOURNAL OF THE SENATE,

Amend HB 1500 by inserting in line 12 on Page 2 between the word, "vessel" and the word, "shall" the following:

", except those less than 14 feet in length and 14 inches in depth,".

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment offered by Senator Eldridge of the 7th was adopted.

Senator Traylor of the 3rd offered the following amendment: Amend HB 1500 by striking out Section 4 in its entirety.

On the adoption of the amendment, the yeas were 21, nays 16, and the amend ment offered by Senator Traylor of the 3rd 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, a roll call was taken, 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 Holley 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 voting in the negative were Senators:

Hamilton of 34th

Stumbaugh

Warren

On the passage of the bill, the ayes were 53, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

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2809

HB 1513. By Representatives Crawford of the 5th, Snow and Hays of the 1st and others:
Senate Sponsor: Senator Ballard of the 45th.
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 Ga. to ascertain whether or not any district attorney 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.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1513 by striking on Page 1, line 4, "Chairman of the Judicial Council", and substituting in lieu thereof the following:

"President of the Council of Superior Court Judges";

and

By striking on Page 2, line 6, "Chairman of the Judicial Council",

and substituting in lieu thereof the following:

"President of the Council of Superior Court Judges";

and

By striking on Page 2, line 14, Chairman of the State Judicial Council", and substituting in lieu thereof the following:

"President of the Council of Superior Court Judges".

On the adoption of the amendment, the years were 38, nays 2, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bond Broun of 46th Coverdell Doss

Fincher Foster Howard Riley Starr

Stumbaugh Summers Tysinger Warren

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Those voting in the negative were Senators:

Banks Barker Barnes Brown of 47th Carter Dean of 6th Eldridge Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Stephens Sutton Tate Thompson Timmons Traylor Turner Young

Those not voting were Senators:

Bell Brantley

Dean of 31st Duncan

Garrard

On the passage of the bill, the yeas were 14, nays 37.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following local bill of the House was taken up for the purpose of con sidering a Conference Committee Report thereto:

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A bill to unify 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".

The Conference Committee Report was as follows:
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 1009 has met and submits the following report and recommendation:

FRIDAY, MARCH 5, 1976

2811

That the Senate and House recede from their respective positions and that the attached Conference Committee Substitute to HB 1009 be adopted.

Respectfully submitted,

FOR THE SENATE
/s/ R. Eugene Holley Senator, 22nd District
/s/ Jimmy Lester Senator, 23rd District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES
/s/ William Sams, Jr. Representative, 90th District
/s/ Jack Connell Representative, 87th District
/s/ Bob Beckham Representative, 89th District

Conference Committee Substitute to HB 1009:

A BILL

To be entitled an Act to unify the governments of the City of Au gusta and Richmond County; to create within Richmond County a single county-wide government through the creation and establishment of a new political entity to be known as the "Augusta-Richmond County"; to provide for the powers, duties, functions, responsibilities and jurisdic tions of such political subdivision; to provide for a governing authority for such political subdivision; to provide that the assets, rights, liabili ties and obligations of Richmond County and the City of Augusta shall be assumed by the successor governing authority; to provide for all necessary matters and procedures connected with the foregoing; to pro vide for referenda; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I General Provision

Section 1.01. Creating a Unified Government. The governmental and corporate functions heretofore vested in The City Council of Au gusta, a municipal corporation created by Act of the General Assembly of Georgia, assented to January 31, 1798, as amended, are hereby unified with the governmental and corporate powers, duties, and functions of Richmond County, Georgia. Such unification is made pursuant to con stitutional power granted by Article XI, Section I, Paragraph VII, of the Constitution of Georgia of 1945, as amended, particularly by an amendment ratified at the General Election held on November 5, 1968 (Ga. Laws 1968, p. 1787 etc. seq.). Such unification shall result in the creation and establishment of a new political entity to be known by the name of "Augusta-Richmond County" (herein referred to as the "Unified Government") which shall be a single county-wide government with

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powers and jurisdiction throughout the territorial limits of Richmond County, Georgia, which single government supersedes and replaces the governments of the City Council of Augusta and the County of Richmond which shall perform all the governmental and corporate functions here tofore performed by the City Council of Augusta and Richmond County.

At such time as this Charter shall become effective and subject to the particular provisions made hereafter in this Charter, all the assets, rights, liabilities and obligations, of whatever nature, of Richmond County and the City Council of Augusta shall be assumed by the suc cessor governing authority and shall be the assets, rights, liabilities and obligations of such successor governing authority.

Section 1.02. Boundaries of the Unified Government. The territory embraced in and under the jurisdiction of the Unified Government shall be the total area of Richmond County, as established at the time this Charter becomes effective; provided, however, such limits may be altered from time to time, as provided by the Constitution and laws of the State of Georgia pertaining to counties.

Section 1.03. Limitations. Nothing contained in this Charter shall be construed so as to affect the status of any incorporated municipality located within Richmond County, other than the City Council of Augusta. The status or relationship which such incorporated municipalities bear to Richmond County and the City Council of Augusta or either of them prior to the adoption of this Charter shall continue with the Unified Government of Augusta-Richmond County. This limitation shall not foreclose any future voluntary unification or consolidation of the un affected municipal incorporations within Richmond County with the Unified Government.

Section 1.04. Form of Government, Executive and Legislative Pow ers. The governmental and corporate functions of the Unified Govern ment shall be performed by the Augusta-Richmond County Commission and the Mayor. The legislative powers of the Unified Government are vested in the Augusta-Richmond County Commission and the executive powers and administrative functions of the Unified Government are vested in the Mayor.

ARTICLE II
Powers of Augusta-Richmond County Unified Government
Section 2.01. Corporate Powers. The Unified Government shall be a single body politic and corporate. The Unified Government shall be a political division of the State of Georgia and a public corporation; shall have perpetual succession; may adopt a common seal; shall, without the necessity of formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all of the properties (of whatsoever kind of nature), contracts, franchises, assets, things, rights, privileges, immunities, real and personal property owned, possessed, enjoyed, or held by the City Council of Augusta and Richmond County on the effective date of this Charter; and by the name of Augusta-Richmond

FRIDAY, MARCH 5, 1976

2813

County shall be capable of suing and being sued, pleading and being impleaded when authorized by this Charter and by the Constitution and laws of the State of Georgia.

Section 2.02. Grants of County and Municipal Powers. In addition to the powers and authorities herein granted, the Unified Government shall have and be vested with, to the same extent as if herein repeated in this Charter, all of the governmental and corporate rights, powers, authorities, duties, functions, privileges, and immunities that the City Council of Augusta or Richmond County, or both, has or have under the Constitution and General and Special Laws of Georgia at the time of the adoption of this Charter, except as modified or repealed in this Charter. For the purpose of determining the applicability of General Laws of local application, through classification by population, and en acted subsequent to the adoption of this Charter, the Unified Government shall be deemed to be a municipal corporation and a county.

The Unified Government, in addition to the rights, functions, pow ers, privileges, and immunities expressly conferred upon it by this Charter, shall have the right, function, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privi leges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to do and perform all of the acts pertaining to its local affairs, property, and government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties, and authorities that may now be vested in, or that may hereafter be granted to, counties or municipal corpora tions, or both, by the Constitution of the State of Georgia and by the laws of the State of Georgia.

The enumeration of any right, power, privilege, authority, or im munity hereinafter made shall not be construed as limiting or abolishing any right, power, privilege, authority, or immunity set forth in this Charter.

The repeal of any law under which the Unified Government derives any right, power, privilege, authority, or immunity, except by amend ment of this Charter as herein provided, shall not be construed as limiting or abolishing any such right, power, privilege or authority set forth in this Charter.

Section 2.03. Specific Powers. The Unified Government shall have power and authority:

(1) To assess, levy, and collect taxes upon all property except prop erty exempt from taxation by the Constitution and laws of the State of Georgia.

(2) To assess, levy, and collect taxes and license fees upon all privileges, occupations, trades, and professions taxable under the Constitution and laws of the State of Georgia, and to license and

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JOURNAL OP THE SENATE,

regulate the same as permitted or authorized by the Constitution and laws of the State of Georgia.

(3) To make appropriations for the support of the Unified Government, for any other purpose authorized by this Charter, for any purpose for which a county or municipality is authorized to make appropriations by the Constitution and laws of the State of Georgia; and to provide for the payment of the debts and expenses of the Unified Government and the debts and expenses of the county and municipality of which it is the successor.

(4) To borrow money for governmental purposes subject to any limitations imposed by the Constitution and laws of the State of Georgia.

(5) To grade, pave, or otherwise improve streets and roads within Augusta-Richmond County; to install curbing, gutters, and drainage systems; to renew and repair any pavement now laid or that hereafter may be laid.

(6) To purchase, lease, construct, grant, obtain options on, main tain, or otherwise acquire, hold, and operate any building or other property, real or personal, or mixed, for the use and benefit of the Unified Government in such manner and upon such terms as the Commission shall determine by a majority vote of the entire Commission.

(7) To provide and maintain a system of retirement and pensions for officers and employees of the Unified Government and the former governments to which it is the successor.

(8) To accept or refuse gifts, donations, requests, or grants from any source for any purpose related to the powers and duties of the Unified Government and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose.

(9) To establish, organize, maintain, equip, staff, and operate a police department and train its personnel for the purpose of providing for the safety and protection of the public and enforcement of the ordinances and regulations of the Unified Government, enforcement of the criminal laws of the State of Georgia and of the United States of America, including apprehension of and detention of fugitives and other violators of such ordinances and laws, provided, however, that all law enforcement responsibility, existing, or created, by or under the Unified Government shall be under and directly responsible to the Chief Law Enforcement Officer of the Unified Government who shall be the elected Sheriff of Richmond County.

(10) To establish, organize, maintain, equip, staff and operate a fire department and to train its personnel for the purpose of providing fire protection within the Urban and Special Services Districts; and to enter into contracts for the furnishing of fire protection outside the Urban Services Districts.

FRIDAY, MARCH 5, 1976

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(11) To establish, maintain, and operate facilities for the con finement, detention, and rehabilitation of persons convicted of the violation of the ordinances of the Unified Government and criminal laws of the State of Georgia.

(12) To provide for, or aid in the support of, public libraries and museums.

(13) To make and enforce zoning regulations.

(14) To regulate the erection, alteration, and construction of build ings and all other structures; to adopt building, housing, plumbing, gas, electrical, and other codes; to regulate, by license or otherwise, all building trades; and to grant permits for the construction, alteration, and erection of buildings and all other structures.

(15) To establish fire districts or zones and building zones; to establish fire prevention codes and to enforce same.

(16) To provide for the destruction and removal of any building or other structure which is declared to be dangerous or detrimental to the public.

(17) To grant franchises and fix the fares or rates to be charged for the transportation of persons or property by any vehicle held out to the public use for hire within the area of the Unified Government; to require indemnity bonds issued by surety companies or indemnity insurance policies to be filed by the owner or operator of such vehicle for the protection of any person against loss, by injury to person or property; and to make regulations with respect to the operation of such vehicles.

(18) To grant franchises and rights-of-way through streets and roads and other public property.

(19) To regulate the operation of all vehicles and exercise control over all traffic, vehicular and pedestrian; including parking, on and under the public streets, roads, alleys, and walkways of the Unified Government.

(20) To provide for the inspection and measuring of any product sold or delivered within the territorial limits of the Unified Government, and to provide standards of quality for food products offered for human consumption.

(21) To provide for the creation, maintenance, building or purchase, and operation of waterworks, transportation facilities, public airports, system of canals, and any other public utility including, but not limited to, sewers and a sewerage disposal system; to fix such rates and provide for the making of such charges and assessments as are deemed necessary for the proper furnishing of such services, and to provide for penalties and withdrawal of service for refusal or failure to pay such charges;

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provided, however, such penalties and withdrawal of service shall be against only the person in whose name the account stands.

(22) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon and close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, roads, alleys, and walkways within the Unified Government, and regulate and control their use.

(23) To provide for the prevention and regulation (where ap propriate) of vice, obscenity, immorality, dissemination and distribu tion of pornography, vagrancy, drunkenness, riots, disturbance, dis orderly houses, bawdy houses, gambling and gambling houses, lewd exhibitions, disorderly conduct, the carrying of concealed weapons, and breaches of the peace.

(24) To regulate junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating beers, wines, liquors or other intoxicat ing beverages; the use of firearms; and the use and sale of firecrackers and fireworks; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials; the use and sale of lighting and heating equipment; and any other commodity product, business, or situation which may be dangerous to persons or property.

(25) To acquire, own, maintain, and operate public parks, play grounds, and other recreation facilities; and to equip and improve them with all suitable devices, buildings, and other structures.

(26) To collect and dispose of garbage, junk, and other refuse; and to regulate the collection of and disposal of garbage, junk, and other refuse by others.

(27) To enter into contracts and agreements with other govern mental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be received therefor, or for services to be received and payments to be received
therefor.

(28) To establish and collect service charges to defray installation costs and operating expenses incurred in furnishing, beyond the Urban Services Districts, services which are a function of the Urban Services Districts.

(29) To exercise the power of eminent domain for any public purpose.

(30) To prevent, abate, and remove nuisances.
(31) To provide for the protection of children and animals, and to prevent either from being subject to cruel treatment.
(32) To create, alter, or abolish departments and divisions thereof, boards, offices, authorities, commissions, and agencies; and to confer

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upon them the necessary and appropriate authority for carrying out all of the powers conferred upon or delegated to them; provided, however, that the provisions of this subsection shall not be applicable to elected officials or the office of Sheriff.

(33) To determine such offices for which bond shall be required and the amount thereof.

(34) To regulate the emission of smoke or other exhausts which pollute the air.

(35) To regulate, tax, license, or suppress the keeping and going at large of animals, including domestic fowls; to impound them and, in default of redemption, to destroy or sell them.

(36) To prevent the pollution of natural streams which flow within the territorial limits of Augusta-Richmond County.

(37) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter.

(38) To provide for the redevelopment and rehabilitation of blighted, deteriorated, or dilapidated areas.

(39) To provide for the redevelopment and rehabilitation of areas, sites, or structures (locally, Statewide, or nationally) significant in American architecture, archeology, history, or culture.

(40) To establish, maintain, and operate public hospitals, sanatoria, convalescent homes, clinics, and other public institutions, homes, and facilities for the care of children, the sick, the mentally deficient, the aged, and the destitute.

(41) To grant exclusive franchises and rights-of-way through and over streets, roads, and bridges to private fire fighting companies (without regard to the type of entity) within the defined geographical limits of the General and Special Services areas for the purpose of providing fire protection to the residents of such areas.

(42) To create, operate, and maintain proprietorship or enterprise activities of the Unified Government, for which charges may be assessed and revenues collected.

(43) To improve or preserve the navigation of the Savannah River within the territorial limits of Augusta-Richmond County; to erect, repair, regulate, and operate the public docks, wharves, landings, and stationary anchorage thereat; and to fix rates for the use thereof.

(44) To adopt ordinances necessary for the health, convenience, safety, and general welfare of the inhabitants; and to carry out the full intent and meaning of this Charter as fully as if specifically authorized herein.

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(45) To establish, own, maintain, acquire, and operate, within the territorial limits of Augusta-Richmond County, a transportation system or systems (viz: water, aerial, vehicular, rail, or subway, or a combina tion thereof) for the transportation of passengers.

Section 2.04. Construction. The powers of the Unified Government shall be construed liberally in favor of the Unified Government. The specific mention of, or failure to mention, particular powers in this Charter shall not be construed as limiting, in any way, the general power of the Unified Government as stated in this Article. It is the intention hereof to grant to the Unified Government full power and right to exercise all governmental authority necessary for the effective operation and conduct of the Unified Government, within its territory, and for the conduct of all of its affairs.

ARTICLE III The Commission

Section 3.01. Commission Membership; Terms of Office. The Augusta-Richmond County Commission shall consist of a Mayor and two commissioners elected from and representing each of the six com mission districts provided by this Charter and three at large Com missioners. Except for the at large Commissioners, each Commissioner's post shall be numbered corresponding to the commissioner district he represents, designated respectively as Post No. 1 or Post No. 2 of each respective Commission district. The terms of the commissioners shall be four years and until their successors are elected and qualified, com mencing on the first Monday after the first day of January next following their election.

Section 3.02. Commission Districts; Reapportionment. For the purposes of electing the Commissioners, Richmond County shall be divided into six commission districts as follows: Commission District No. 1 shall contain all of that territory embraced within Georgia House of Representative District No. 85; Commission District No. 2 shall contain all that territory embraced within Georgia House of Representa tive District No. 86; Commission District No. 3 shall contain all of that territory embraced within Georgia House of Representative Dis trict No. 87; Commission District No. 4 shall contain all of that territory embraced within Georgia House of Representative District No. 88; Commission District No. 5 shall contain all of that territory embraced within Georgia House of Representative District No. 89; Commission District No. 6 shall contain all of that territory embraced within Georgia House of Representative District No. 90 plus that portion of Richmond County contained within Georgia House of Representative
District No. 84.

The Commission districts shall be reapportioned after each decennial United States census so as to provide for districts as nearly equal in population as possible.

Section 3.03. Qualifications of Members of the Commission. Each Commissioner shall be a citizen of the United States, and shall be at

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least eighteen (18) years of age as of the time designated for him to take office. In addition to such qualifications, a Commissioner shall be a resident and qualified elector of the area comprising the district from which elected, for a period of at least one year prior to the date of taking office. Any Commissioner who removes his residence from the district from which elected shall thereby vacate his office. No person holding the office of commissioner shall, during his or her term of office, hold any other elective public office or position of employment within the Unified Government.

Section 3.04. Compensation; Expenses; and Procedures for Han dling. The annual salary of Commissioners shall be $5,000.00; provided, however, such compensation may be increased or decreased by ordinance adopted by the Commission.

Each Commissioner shall receive the same salary, and no increase or decrease in the annual salary of Commissioners shall become effective until the date of the commencement of the terms of office for Com missioners elected at the next regular election following such increase or decrease. The Commissioners shall, by ordinance, establish a policy for reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties.
Section 3.05. Vacancies; Forfeiture of Offices; Filling of Va cancies. (1) Vacancies. The office of a Commissioner shall become vacant upon his death, resignation, or removal from office in any manner authorized either by this Charter or by the laws of the State of Georgia.
(2) Forfeiture of Office. A Commissioner shall forfeit his office on any of the following grounds: (a) if at any time during his term it is found that he is lacking any of the qualifications of office prescribed either by the laws of the State of Georgia or by this Charter; (b) if, during his term, he ceases to be a resident of the district he was elected to represent; (c) if he shall stand convicted of a crime for which panel servitude in excess of one year is permitted by law.
(3) Filling of Vacancies. Should a vacancy occur in the office of any Commissioner for the reasons stated in paragraphs (1) and (2) of this Section, the unexpired term shall be filled by a special election, provided, however, such special election is at least one year prior to any general election in which a Commissioner would normally be elected.
(4) Determination of Qualifications. The Commission shall be the judge of the elections and qualifications of its members and shall determine the existence of any ground for forfeiture of office. For such purposes the Commissioners are authorized to give notice and hold hearings, to subpoena witnesses, administer oaths, and require the production of evidence. Where a hearing is held to determine the grounds of forfeiture of office, notice of the hearing shall be published in one or more newspapers of general circulation in Augusta-Richmond County at least two weeks immediately preceding the hearing. Decisions made by the Commissioners under this Section shall be subject to review by the Superior Court of Richmond County upon writ of certiorari.

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Section 3.06. Oath of Office; Meetings, Quorum; Voting; Rules of Procedure. Each Commissioner before entering upon his duties, shall take and subscribe to the following oath administered by a Judge of the Superior Court of the Augusta Judicial Circuit:

"I do solemnly swear that I will well and truly perform the
duties of Commissioner of Augusta-Richmond County; and will, to the best of my ability, promote the general welfare and the common interests of the inhabitants of Augusta-Richmond County; that I am not the holder of any public monies unaccounted for; and that I will enforce the ordinances and resolutions of the Unified Government and support and defend the Charter thereof, as well as the Constitution of the State of Georgia and of the United States of America. So help me God."

The Commissioners shall hold regular meetings at least twice monthly at such day and time as it shall determine. Special meetings of the Commissioners may be held as determined by the Commissioners. Special meetings may be called either by the Mayor or a majority of the Commissioners, and upon twenty-four hours' written notice thereof to each member. Notice of special meetings shall be provided in the
following manner:

(1) Such notice is to be posted in the United States mails, as registered or certified mail, properly addressed to the intended recipient, with adequate postage thereon to assure delivery at least twenty-four hours in advance of the time for such meeting; or

(2) Such notice is to be delivered personally to, or delivered to and left at the place of residence of, the intended recipient not less than twenty-four hours immediately preceding the time for such meeting;

(3) No notice shall be necessary when the necessity for a meeting is predicated upon an emergency situation.

The Mayor and, in his absence or incapacity or upon his refusal to act, the Mayor Pro Tern., shall preside at all meetings of the Board of Commissioners and have a voice in the proceedings.

In the event both the Mayor and the Mayor Pro Tern, are absent, incapacitated or refuse to preside at a meeting, the Commission may elect one of its members to serve as temporary presiding officer at such meeting.

A majority of the membership of the Commission shall constitute a quorum for the transaction of business, but less than a quorum may adjourn a meeting for lack of a quorum to a specified time.

All appointments, elections, and confirmations by the Commission shall be viva voce, and this vote recorded by the Clerk of the Commission in the official journal, all records of such votes shall be made public. No Commissioner may assign or otherwise extend his vote to another Commissioner, nor may any Commissioner assume the privileges of

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another's vote. Abstentions by Commissioners from voting are per missible so long as record of each abstention is recorded by the Clerk of the Commission in the official journal.

The Commission may establish and amend, from time to time, its rules of procedure, except for those procedures established by this Charter.

Section 3.07. Powers and Authority of the Commission. All legisla tive power of the consolidated government, including any such power which may hereinafter be conferred on the consolidated government by amendment to this Charter or by the Constitution or laws of Georgia, is vested in and shall be exercised by the Commission in accordance with the provisions of this Charter. Where the Commission has deter mined that a State of emergency exists, it may delegate its legislative powers to the Mayor to rule the area of the Unified Government by proclamations. Such proclamations shall have the force and effect of ordinances adopted by the Commission, and violators shall be punished by fine and imprisonment in like manner as violators of ordinances adopted by the Augusta-Richmond County Commission. Such proclama tions shall be of no further effect when the Commission declares the state of emergency to have ended.

In the exercise of its powers, the Commission shall adopt and provide for the execution of such ordinances, rules and regulations, not inconsistent with this Charter, as be necessary or proper for the purpose of carrying into effect the powers conferred by this Charter and for the promotion and protection of the safety, health, peace, security and general welfare of the inhabitants of the Unified Government and may enforce such ordinances, rules and regulations by imposing penalties for violations thereof, by a fine not exceeding three hundred dollars ($300.00) or imprisonment not exceeding ninety (90) days, or both.

The Commission may by ordinance create, change, alter, combine, abolish and consolidate bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the Unified Government, except offices of elected officials, including positions of public employ ment, and may transfer and delete functions and assign additional functions to any of the bureaus, offices, agencies, departments, divisions, boards, authorities, commissions and positions of public employment existing under this Charter.

All appointments, authorized by this Charter, to be made by the Mayor shall be made only with the advice and consent of a majority of the entire Commission.

Section 3.08. Ordinances and Resolutions. The Commission shall exercise its legislative power and authority by ordinance or resolution, as may be appropriate to the occasion, or as may be specifically provided by this Charter, as herein adopted or hereafter amended, or by the Constitution and laws of Georgia.
Any action of the Commission having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be

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done by ordinance under this Charter, shall be done only by ordinance. Other actions may be accomplished by resolutions as may be appropriate.

Written copies of all ordinances shall be delivered to the members of the Commission at least twenty-four hours prior to their introduction,
unless such requirement is waived by all the members of the Commission. Each resolution shall be in written form before being introduced.

Each ordinance or resolution adopted by the Commission shall have a caption stating briefly the subject matter of the ordinance or resolu tion and shall begin "Be It Ordained (or Resolved) By The Commission of Augusta-Richmond County . . ." The caption of the ordinance shall not be deemed a part of the ordinance and shall not restrict its meaning or intent.

Every proposed ordinance must be complete and in writing and may be introduced by any member at any meeting of the Commission. Any proposed ordinance may be amended before final adoption if the amendment is germane to the original proposed ordinance. Every or dinance shall embrace but one subject which shall be clearly expressed in the title, except ordinances making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt.

No ordinance or Section thereof shall be revised or amended by its title or Section number only; the new ordinance shall contain the entire ordinance or Section as revised or amended.

A proposed ordinance may be read only by title except when a full reading is demanded by not less than three members of the Commission, provided, however, that each ordinance must be read at least once in its entirety before final adoption.

No ordinance shall become effective until it shall have been passed on three readings at meetings held at least five days apart, and not more than ninety days apart; except that, by vote of three-fourths of the full Commission, the second reading of the ordinance may be waived. Failure to pass any ordinance on second reading within the ninety-day period shall not bar the introduction at a later date of the same or a similar ordinance. A resolution shall become effective upon adoption after one reading.

On final action on an ordinance or resolution, the vote shall be taken by ayes and nays and the names of the members of the Commission and their vote shall be recorded as herein elsewhere provided.

Every ordinance adopted by the Commission shall be presented by the Clerk of the Commission to the Mayor as promptly as possible, following its adoption, for such action thereon by the Mayor as is provided for elsewhere in this Charter. When the Mayor affixes his signature of assent thereon the ordinance shall become law upon its return to the Clerk.

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Each ordinance returned to the Commission by the Mayor with his written motion for reconsideration shall be presented to the Com mission at its next regular meeting immediately following its resubmission to the Commission; the Commission may reaffirm its action by a two-thirds vote of its members present, whereupon the ordinance shall become law.

In the event the Mayor fails to sign the ordinance in accordance with the above procedures or does not resubmit the ordinance with his written motion for reconsideration, as provided herein, the ordinance shall become law upon the expiration of a ten-day period following its adoption.

Section 3.09. Authentication; Recording; Effective Date. All or dinances which have become law shall immediately be deposited in the official archives of the Clerk of the Commission. The Clerk shall note on the face of the ordinance the date and time it has become law, and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The Clerk shall authenticate, by his signature, each ordinance which has become law. Except as otherwise provided in this Charter, the Clerk shall cause each ordinance which has become law to be recorded in full in a properly indexed official journal maintained for such purpose.
Section 3.10. Codes of Technical Regulations. The Commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that the requirements for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations, as well as adopting ordinance; and a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Clerk. Copies of any adopted code of technical regulations shall be made available by the Clerk for distribution or for purchase at a reasonable price.
Section 3.11. Publication of Ordinances; Prima Facie Evidence. The caption of every ordinance of a general or permanent nature shall be published in full within ten days after its becoming law in a news paper or newspapers of general circulation published in AugustaRichmond County.
A record or entry made by the Clerk of Commission or a copy of such record or entry, duly certified by such Clerk, shall be prima facie evidence of the terms of the ordinance and its due publication.
Section 3.12. Codification and Printing of Ordinance. The Com mission shall, within three years of the effective date of this Charter, provide for the preparation of a general or permanent nature. Such code shall be adopted by the Commission by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this Charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the Commission may specify. The compilation shall be known and cited officially as the "Augusta-Richmond County Code."

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Copies of ordinances and Charter amendments shall be made available for purchase by the public at a reasonable price to be fixed by the Commission. Following publication of the first Augusta-Richmond County Code, and from time to time thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the code currently in effect, and shall be suitable in form for integration therein.

Section 3.13. Clerk of Commission. The Commission shall establish an office of Clerk of Commission which shall consist of the Clerk, and such other employees as may be provided by the Commission. The Clerk shall be elected by a majority of the entire membership of the Com mission and serve at the pleasure of the Commission.

The Clerk of Commission shall be responsible for giving notice of Commission meetings, as provided by ordinance; keeping a journal of Commission proceedings; maintaining a current and comprehensive index of all ordinances and resolutions; and performing such other duties as may be assigned him by this Charter or by the Commission.

Section 3.14. Commission Auditor and Budget Analyst. The Com mission shall establish an office of Auditor and Budget Analyst which shall consist of the Auditor and Budget Analyst, and such other em ployees as may be provided by the Commission. The Auditor and Budget Analyst shall be elected by a majority of the entire membership of the Commission and serve at the pleasure of the Commission.

The Auditor and Budget Analyst shall be responsible for conducting audits of all agencies, departments, bureaus, offices, and authorities receiving and expending public funds authorized by the AugustaRichmond County Commission. The Auditor shall report his findings to the Commission. The Auditor and Budget Analyst shall examine the budget submitted to the Commission by the Mayor and shall make his recommendations to the Commission. He shall perform such other duties as assigned him by the Commission.

Section 3.15. Independent Post Audit. The Commission shall pro vide for an annual independent audit of the accounts and financial transactions of the Unified Government in the manner prescribed else where within this Charter. The audit shall be made by a certified public accountant, individual or firm, as defined under the laws govern ing the practices of public accountancy in Georgia, maintaining a fulltime professional office in the State of Georgia.

Section 3.16. Inquests Into Conduct of Departments, Officers and Other Branches of the Unified Government. The Commission shall have the power to conduct or cause to be conducted inquiries and investiga tions into the operations of any office, department or agency, or into the conduct of any officer or employee thereof, administering the affairs of the Unified Government.
The Commission may bring charges against any appointed officer or employee including those in the merit service of the Unified Govern ment, for lack of qualifications, incompetence, neglect of duty, gross

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misconduct in reference to his duties, or violations of the Code of Ethics provided elsewhere in this Charter. The charges shall be presented in writing to the appointing authority, and if he does not remove the accused, the Commission may order a public hearing thereon at which the accused official shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after the hearing, the accused be found guilty as charged, he may be suspended or dismissed from the service of the Unified Government by the affirmative vote of twothirds of the membership of the Commission.

The Commission shall have the power to designate one of its members who shall preside over all hearings and deliberations of the Commission in conducting such inquiries and investigations. All inquiries and investigations conducted by the Commission shall be open to the public.

In connection with such inquiries and investigations, the Commission shall have the right to administer oaths; subpoena witnesses, docu ments, records, or other evidences; take testimony; and require the production of evidence. Any subpoena shall be issued by the Clerk at the direction of the Commission.

The Commission shall have the authority to adopt by ordinance provisions for the enforced compliance with its subpoenas under penalty for noncompliance with resort to the State Court.

Section 3.17. Rights of Witnesses and Others. Any witnesses ap pearing before the Commission may be represented by counsel. Any person whose character shall have been impugned in the course of an inquiry or investigation by the Commission shall be given the opportunity to appear with or without counsel, to present evidence, to cross-examine witnesses, and to call witnesses of his own; and the Commission shall, upon application being made, exercise its subpoena power to compel the attendance of such persons and witnesses.

Section 3.18. Proceedings of Inquests. The conduct of proceedings at such Commission inquiries and investigations shall be subject to such rules as the Commission may prescribe.

ARTICLE IV The Mayor

Section 4.01. Designation. The chief elected official of the Unified Government shall be known by the title of Mayor of Augusta-Richmond County. He shall be the chief executive and administrative official of the Unified Government. He shall be responsible for the conduct of the executive and administrative affairs of the Unified Government and for the faithful execution of the laws within its boundaries.

Section 4.02. Term; Qualifications; Oath. The Mayor shall be elected at a general election for a term of four years and until his successor is elected and qualified. His term shall begin on the first

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Monday after the first day of January following his election. He shall have attained the age of 21 years at the beginning of his term. He shall be a qualified elector of the Unified Government and shall have been a resident within the boundaries of the Unified Government for a period of one year immediately preceding his election and shall continue to reside therein during the period of his service. Before entering upon the duties of his office, he shall take before a Judge of the Superior Court the following oath:
"I do solemnly swear or affirm that I will well and truly perform the duties of Mayor of Augusta-Richmond County and will to the best of my ability promote the general welfare in the com mon interest of the inhabitants of Augusta-Richmond County, enforce the ordinances and resolutions of the Unified Government and support and defend the Charter thereof as well as the Constitu tion of the State of Georgia and of the United States of America. So help me God."
Section 4.03. Compensation. The annual salary of the Mayor shall be $25,000.00 unless increased or decreased by ordinance of Commission. No increase or decrease in the annual salary of the Mayor shall be ef fective until the date of the commencement of the term of the Mayor elected at the next regular election following such increase or decrease.

Section 4.04. Vacancy in the Office of the Mayor. During the temporary absence or disability of the Mayor for any cause, the Mayor Pro Tern, shall exercise all the powers and discharge all the duties of the Mayor until such vacancy has been regularly filled or until the return of the Mayor or the removal of his disability. In the event of the absence or disability of both the Mayor and the Mayor Pro Tern, for any cause, the Commission shall designate one of its members to preside over its meetings and discharge the duties of Mayor until either the return of the Mayor or Mayor Pro Tern, or the removal of the disability of the Mayor or Mayor Pro Tern.
Section 4.06. Powers and Duties of the Mayor. As the chief execu tive and administrative officer, the Mayor shall:
(1) Be the official spokesman for the Unified Government and its chief advocate of policy and see that the ordinances, resolutions, and regulations of the Commission and laws of this State subject to the enforcement by him or by officers subject to his direction and super vision are faithfully executed and enforced;
(2) Preside at all meetings of the Commission and have a voice in Commission proceedings;

(3) Vote only in instances of a tie vote among the Commission and for such purposes shall be regarded a member of the Commission;

(4) Except as is elsewhere provided, receive all ordinances, adopted and submitted by the Commission for his signature of assent or such other action as is herein authorized. Prior to the second succeeding,

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regularly scheduled meeting of the Commission following his receipt of the ordinance, he shall return the ordinance to the Clerk, with his signature of assent affixed thereto, or return the ordinance to the Commission, via the Clerk, with his written motion for the Commission's reconsideration; such motion to be accompanied by the Mayor's written Statement of reasons for his request for the reconsideration;

(5) Execute deeds, bonds, contracts, and other instruments and documents on behalf of the Unified Government as required by the laws of the State of Georgia, this Charter, or ordinance of the Com mission;

(6) Submit to the Commission at least once a year a Statement covering the financial condition of the Unified Government and from time to time such other information as the Commission may request;

(7) Recommend to the Commission such measures relative to the affairs of the Unified Government, the improvement of the government thereof, and the promotion of the welfare of its people as he may deem desirable;

(8) Call special meetings of the Commission;

(9) Submit to the Commission the recommended annual operating budget and the recommended capital budget;

(10) Examine and inspect the books, records and official papers of any department, authority, board, commission, office, or agency of the Unified Government when he deems it necessary;

(11) Require any department, authority, board, commission, office or agency of the Unified Government to submit written reports in connection with the affairs thereof whenever he deems it desirable;

(12) Administer and implement all capital improvements and public works projects authorized by ordinance;

(13) Require reconsideration of ordinances passed by the Commis sion as provided elsewhere in this Charter;

(14) Subject to confirmation by a majority of the entire member ship of the Commission, appoint and remove:

(a) All permanent and acting officers and heads of depart ments who are subject to the Mayor's supervision and direction except where otherwise provided in this Charter;
(b) All permanent and acting members of authorities, boards, and commission except when other methods of appointment and removal are provided by this Charter.
(15) Promptly submit an additional nomination to the Commission

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in the event the Commission fails to approve the person first nominated by the Mayor;

(16) Represent the United Government in its intergovernmental relations, particularly where questions of public policy are at issue;

(17) Perform such other duties as may be required by the law, this Charter, ordinances, or resolution.

Section 4.06. Limitation on Terms of Service; Other Elected Of fice. Any Mayor who is elected for two consecutive four-year terms shall not be eligible to be elected for the succeeding term. During his term of office, the Mayor shall not hold any other elective public office or any appointive position of employment within the Unified Govern ment.

Section 4.07. Mayor Pro Tern. Powers and Duties. During the absence or disability of the Mayor for any cause, the Mayor Pro Tern, shall exercise all the powers and discharge all the duties of the Mayor until such vacancy has been regularly filled or until the return of the Mayor or removal of his disability. The annual salary of the Mayor Pro Tern, shall be that of a Commissioner plus an additional $500.00 per year unless changed by ordinance of the Commission.

Section 4.08. Term; Qualifications. The Mayor Pro Tern, shall be an elected member of the Commission and shall be selected by a majority vote of the Commission. The Commission shall at its first meeting which is conducted in each calendar year select the Mayor Pro Tem. to serve as such for the ensuing calendar year.

ARTICLE V The Administrator

Section 5.01. Appointment. The Mayor shall nominate and, subject to confirmation by a majority vote of the entire membership of the Com mission, appoint an Administrator. The Administrator need not be a resident of the area encompassed by the Unified Government or of the State of Georgia at the time of his appointment, but residence in the Unified Government must be acquired within three months thereafter and thereafter retained during the term of his appointment. He shall receive such compensation as fixed by ordinance of the Commission.
Section 5.02. Tenure; Removal from Office. The administrator shall be appointed for a term of two years, and he shall hold such office for such term and until he is reappointed or his successor has been appointed. Within three months following the date of expiration of such term of appointment, the Mayor shall submit to the Commission his recommendation for the office of Administrator.

The Administrator so employed shall not be under tenure and is expressly excluded from any existing or future tenure act relating to any employees of the City of Augusta or Richmond County, Georgia, or the employees of this Unified Government.

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The Administrator may be removed from office by the Mayor with the consent of a majority of the entire membership of the Commission or by the Commission on its own initiative by a vote of not less than three-fourths of its entire membership; but in either case not until at least thirty days after the Administrator shall have been served with written notice setting forth the grounds for such removal and after the Administrator shall have been afforded an opportunity to be heard by the Commission.
Section 5.03. Vacancies. Vacancies in the office of the Administra tor shall be filled by the same procedure as that prescribed for original appointment, except such appointment shall be for the unexpired term.
Section 5.04. Powers and Duties of the Administrator. The Admin istrator under and subject to the direction of the Mayor shall:
(1) Exercise supervision over all activities of those departments and agencies for which the Mayor is responsible, including the authorities, boards, and commissions by whatever name known connected with such departments and be the liaison officer between the Mayor and such departments, authorities, boards, commissions, and agencies;
(2) Prepare and submit to the Mayor the annual operating and capital budget;

(3) Prepare and maintain financial plans for the Unified Govern ment;

(4) Make periodic reports, with such recommendations as he deems appropriate, to the Mayor concerning the affairs of the Unified Govern ment and particularly of those departments under the Mayor's jurisdic tion and the authorities, boards, and commissions connected with such departments;

(5) Hold meetings of the heads of those departments over which the Mayor has authority, and any other officers of the Unified Govern ment;

(6) Confer with, advise and assist all elected or appointed officials of the Unified Government who are not under the immediate control of the Mayor or the Commission, but who receive financial appropriations from the Commission;

(7) Examine regularly at periods fixed by the Mayor the accounts, records, and operations of every department, authority, board, com mission, office, or agency which receives financial appropriations from the Commission; he shall make regular monthly reports to the Mayor on the fiscal affairs of the Unified Government; and he shall keep the Mayor fully advised on the financial condition and future needs of the Unified Government;

(8) Submit to the Mayor at the end of each fiscal year a complete report on the finances and administrative activities of the Unified Government for the preceding year;

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(9) Perform such other duties as the Mayor may prescribe from time to time provided, however, the Mayor may not prescribe duties that are in excess of the duties conferred upon the Mayor.

ARTICLE VI Department Heads

Section 6.01. Heads of Departments Subject to Mayor's Super vision. Each department created in this Charter hereinafter shall have a head who shall exercise the powers and perform the duties vested in and imposed upon the department. Each department head shall be subject to the Mayor's supervision and direction. The department heads shall be as follows:

(1) Head of Department of Public Services (2) Head of Department of Transportation (3) Head of Department of Public Safety (4) Head of Department of Finance (5) Head of Department of Central Services (6) Head of Department of Urban Affairs (7) Head of Department of Public Works (8) Head of Department of Health (9) Head of Department of Community Resources (10) Head of Department of Law (11) Head of Department of Aviation.

This Commission may establish and provide for other departments or alter the above departments as described in Article VII or add new departments.

Section 6.02. Qualifications and Residence. Each department head shall be appointed by the Mayor with the approval of the majority of the entire Commission. The department head may be a nonresident of the area encompassed by the Unified Government at the time of his appointment, but he must become a resident within the area of the Unified Government within three months following such an appoint ment and maintain such residence during the term of appointment.

Each department head established in this Charter shall be appointed solely on the basis of his executive, administrative, and professional qualifications and shall have administrative, executive, and professional experience in public service, private industry or business, or private professional service.
Section 6.03. Appointment and Removal. (1) Appointment. Each Department Head shall be appointed by the Mayor with the approval of the majority of the entire membership of the Commission.

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The department head so employed shall not be under tenure and is expressly excluded from any existing or future tenure act relating to any employees of the City of Augusta or Richmond County, Georgia, or the employees or this Unified Government.

(2) Removal. All permanent and acting officers and heads of de partments who are subject to the Mayor's supervision and direction may be removed by the Mayor with the consent of a majority of the entire membership of the Commission, or by the Commission on its own initiate by a vote of not less than three-fourths of its entire membership; but in either case not until at least thirty (30) days after the department head shall have been served with written notice setting forth the grounds for such removal and after the department head shall have been af forded an opportunity to be heard by the Commission.

(3) Compensation. All appointive officers and department heads shall receive such compensation as shall be determined by the Com mission and fixed by ordinance.

ARTICLE VII Functions and Services

Section 7.01. Duties and Divisions, General. The divisions of each department of the Unified Government shall be responsible for per forming the duties hereinafter prescribed and such other duties as may be prescribed by ordinance.

Section 7.02. Department of Public Services. The Department of Public Services shall include the Divisions of Parks and Recreation, Libraries and Museums, Cemeteries, and such other divisions as the Commission may establish.

(1) The Division of Parks and Recreation shall be responsible for providing and maintaining recreation activities, parks, facilities, and programs of beautification throughout Augusta-Richmond County. The Division shall be responsible for:

(a) Operating and maintaining all recreational facilities owned or operated by the Unified Government, including the Municipal Golf Course and Municipal Auditorium;

(b) Instituting and conducting a comprehensive and coordinated program of cultural and physical recreation activities for all age groups throughout the territory of the Unified Government; and

(c) Providing necessary groundskeeping and horticultural functions to insure the continued beautification of publicly owned parks and vegetation and to improve aesthetic conditions generally.

(2) The Division of Libraries and Museums shall be responsible for the operation of all public libraries and museums owned and operated by the Unified Government.

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(3) The Division of Cemeteries shall be responsible for operation and maintenance of Magnolia, Cedar Grove, and West View Cemeteries, in order to maintain charity burials and perform perpetual care and all other functions as may be required or permitted by contract or ordinance.

Section 7.03. Department of Transportation. The Department of Transportation shall include the Division of Aviation, Ports, and Mass
Transit and be generally responsible for the management, operation, and maintenance of all public ground, water, air, rail, motor, vehicular, and subway transportation within the territory of Augusta-Richmond Coun ty, and such other divisions as the Commission may establish.

(1) The Division of Aviation shall be under the operational control of the Augusta-Richmond County Aviation Commission, which is the redesignated name of the Augusta Aviation Commission. The Division shall have the same authorities, powers, functions, and duties here tofore prescribed for the Augusta Aviation Commission until such time as otherwise provided by the Commission of the Unified Govern ment. The Division shall be responsible for the maintenance and opera tion of Bush Field and Daniel Field, including the administration of tenant leases and agreements, rents, fees, and charges. The Division shall be responsible for all other functions and duties as the Com mission may, by resolution or ordinance, prescribe.

(2) The Augusta Port Authority shall initially constitute the Division of Ports, and the laws pertinent thereto shall continue un affected by the adoption of this Charter; provided, however, relationship heretofore existing between said Authority and the City of Augusta (or the City Council of Augusta) shall henceforth exist and obtain between said Authority and the Unified Government, and all of the rights, powers, privileges, duties, functions, and obligations heretofore vested in the City of Augusta (or the City Council of Augusta) are vested in and shall be held, exercised, enjoyed, and performed by the Unified
Government.

(3) The Division of Mass Transit. The Augusta-Richmond County Transportation Authority, created by an Act of the General Assembly (Ga. Laws 1970, p. 3208 et. seq.), shall initially constitute the Division of Mass Transit and shall be responsible for the performance of func
tions, powers, and duties as prescribed in said Act. In addition, the Division will be responsible for the preparation and implementation of
plans and procedures whereby the Unified Government may, at the discretion of the Commission, effect programs of common transporta
tion for citizens of the Unified Government. The Division shall be responsible for directing and supervising such programs upon their initiation, including the recommendation for and administration of any and all franchises for transportation services, and annual recom mendations to the Commission for alteration of such services.

Section 7.04. Department of Public Safety. The Department of Public Safety shall include the Divisions of Fire, Civil Defense, Animal Control, Rehabilitation and Detention, Traffic Engineering and Parking, Electrical Works and such other divisions as the Commission may
establish.

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(1) Division of Fire. The Division of Fire shall be responsible for the provision of fire prevention, fire protection, fire safety, and other such services and functions within the Urban Services Districts as are now provided within the City of Augusta or as may be required by ordinance. The initial services of the Division of Fire shall be limited to the Urban Services District.

Fire protection services provided within the General Services District and Limited Service District outside the Urban Services Districts by independent, private concerns may be continued without interruption resulting from the adoption of this Charter; however, such services may be provided by the Unified Government upon discontinuance of any portion or all of such fire protection services by said independent agencies. Provision of fire services in such areas, wherein there has been a discontinuance by independent or private concerns, must, how ever, be consistent with Service Districts as elsewhere provided in this Charter.

(2) The Division of Civil Defense shall be responsible for all matters pertaining to civil defense.

(3) The Division of Animal Control shall be responsible for col lecting and housing stray animals within the territory of the Unified Government and establishing and maintaining facilities for the housing of such animals.

(4) The Division of Rehabilitation and Detention shall be respon sible for housing and rehabilitating all prisoners under the jurisdic tion of the Unified Government or assigned to the Unified Government by the Georgia State Department of Corrections. Such responsibility shall not include those prisoners under the jurisdiction of the Chief Law Enforcement Official. The Division shall perform such other rehabilitation and detention functions as required by ordinance.

(5) The Division of Traffic Engineering and Parking shall be responsible for performing all functions involving planning and de signing for safe and effective routing and control of traffic within the Unified Government. These functions include: maintaining traffic ac cident records; proposing changes in traffic control procedures; estab lishing and maintaining parking facilities; and conducting and maintain ing traffic related studies as requested by the Commission or the Mayor of the Unified Government.

(6) The Division of Electrical Works shall be responsible for installing and maintaining traffic control signals and such other elec trical works as shall be deemed necessary by the Head of the Public Safety Department.
Section 7.05. Department of Finance. The Department of Finance shall include the Divisions of Accounting and Financial Reporting, Revenue Assessment, Revenue Collection, Data Processing, and such other divisions as the Commission may establish.

The Head of the Finance Department shall be responsible for

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keeping the Administrator and the Mayor of the Unified Government informed of the continuing financial status of the Unified Government.

(1) The Division of Accounting and Financial Reporting shall be responsible for the maintenance of a general financial accounting and reporting system for the Unified Government, including making in ventories of assets; planning and controlling costs of construction proj ects and facilities in use; analyzing the Unified Government's needs
and priorities; determining alternative sources and methods of financing; preparing and submitting Statements of expenditures, revenues, and cash transactions; making annual financial reports; and assisting in the preparation of the annual operating and capital budgets.

(2) The Division of Revenue Assessment. The County Board of Tax Assessors for Richmond County created and established pursuant to statute, as of the date this Charter becomes effective, shall constitute the Division of Revenue Assessment which shall have the same powers, authorities, and duties as those granted and designated to the County Board of Tax Assessors of Richmond County. The members of the Board of Tax Assessors of the Division of Revenue Assessment shall be ap pointed by the Mayor, with advice and consent of the majority of the entire Commission, and shall consist of one member from each of the six legislative districts of the Georgia House of Representatives located entirely within the boundaries of Richmond County. The term of office of each member shall be four years. Those members serving on the County Board of Tax assessors for Richmond County at the time this Charter becomes effective shall continue to serve the remainder of their respective terms as members of the Division of Revenue Assess ment. In case of a vacancy on the Board of Tax Assessors at any time, and for whatever cause, the vacancy shall be filled and the appoint ment shall be made in the same manner as herein provided for the appointment of the members of this Board. The members of this Board may be removed by the appointing authority only for cause, or for the failure to perform their duties. A Chief Tax Appraiser shall be employed by the members of the Board of Tax Assessors, subject to the approval of the Commission, for a two-year term. The Chief Tax Appraiser so employed shall not be under tenure and is expressly excluded from any existing or future tenure act relating to any employees of the City of Augusta or Richmond County, Georgia, or the employees of this Unified Government. The Chief Tax Appraiser may be removed by the Board of Tax Assessors, but such action shall be subject to the approval of the Commission.

(3) The Division of Revenue Collection shall be responsible for collecting and receiving all current and delinquent revenues, incomes and other monies due the Unified Government, except as elsewhere provided within this Charter.

(4) The Data Processing Division shall be responsible for furnish ing data processing services to the Unified Government, systems design and analysis, forms design and preparation, computer programming, data preparation, records storage and retrieval systems, and long-range planning of applications, and for operating all electrical computer and data processing equipment owned by the Unified Government.

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Section 7.06. Department of Central Services. The Department of Central Services shall consist of the Division of Personnel, Purchasing and Property Control, Motor Poor and Equipment Maintenance, and Central Services.

(1) The Division of Personnel shall be responsible for administer ing a Personnel System for the Unified Government, based on merit system principles, as established elsewhere within this Charter.

(2) The Division of Purchasing and Property Control shall be responsible for administering' a system of centralized purchasing and a system of property control for the Unified Government. The procedures, which shall be prescribed by ordinance of the Commission, shall be designed to obtain the greatest economic value and savings to the Unified Government in the procurement and control of all necessary and ap propriate supplies, materials, equipment and other personal property, contractual services, and insurance and surety bonds. The division shall perform such other functions as may be required by ordinance.

(3) The Division of General Services Administration shall be responsible for records management, centralized printing and duplicat ing services, centralized mail services, and custodial and janitorial services.

(4) The Division of Motor Pool and Equipment Maintenance shall be responsible for directing the maintenance and disposal of all motor equipment owned by the Unified Government, except as otherwise pro vided by the Commission; preparing the purchase specifications for all motor equipment purchased; initiating and maintaining procedures for fleet vehicle and motor pool operations; establishing standards of maintenance; and maintaining garage facilities.

Section 7.07. Department of Urban Affairs. The Department of Urban Affairs shall include the Division of Planning, Urban Renewal, Building and Zoning Inspection, Public Housing and such other divisions as the Commission may establish.

(1) The Division of Planning. The Augusta-Richmond County Planning Commission shall constitute the Division of Planning and shall be responsible for the performance of the functions, powers, and duties which either the Municipal Planning Commission, the County Planning Commission, or the Municipal County Planning Commission now, or may hereafter be, authorized or required to exercise.

In addition to all other powers and duties herein conferred, the Division of Planning shall furnish the Head of the Department of Finance with such information and data as shall be necessary for preparation of the capital budget and capital improvements program; and coordinate, on behalf of the Unified Government, all regional planning and development activities of the Central Savannah River Area Planning and Development Commission and the Augusta-North Augusta Metropolitan Council of Governments, as well as other regional planning and development activities.

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(2) The Division of Urban Renewal shall be responsible for for mulating and effecting programs utilizing appropriate public and private resources to eliminate or prevent the development or spread of slues, to provide for redevelopment of slum areas, or to undertake other activities and functions which may aid to achieve the objectives of a program for community improvement, subject to approval by ordinance of the Com mission. Subject to the provisions of this Charter and ordinance of the Commission, the Division is hereby vested with all other functions, powers and duties as set forth by an Act of the General Assembly ap proved March 3, 1955 (Ga. Laws 1955, p. 354 et. seq.) as amended, known as the "Urban Redevelopment Law"; except, as used in said Act, the term "municipality" shall be construed to include AugustaRichmond County, and the term "local governing body" shall be con strued to include the Commission of Augusta-Richmond County.

Every act of The City Council of Augusta heretofore done or performed under the Redevelopment Law (Ga. Laws 1945, p. 157), or the Urban Redevelopment Law (Ga. Laws 1955, p. 354) or laws amend atory thereof, or under any State or Federal law relating to the subject matters thereof, are affirmed, ratified, and adopted as the act of the Unified Government and are continued in unimpaired force and effect to the same extent and in the same manner as though performed, com mitted, and adopted by the Unified Government in their inception as if The City Council of Augusta had continued to exist and function as a separate political entity and nothing herein contained shall impair or otherwise affect any cooperative agreement or other obligations entered into or undertaken by the City Council of Augusta. Any and all agree ments, contracts, and obligations made by the City Council of Augusta pursuant to said laws are approved, ratified, and adopted as the act and obligations of the Unified Government to the same extent and in the same manner as though made, done, and performed initially by the Unified Government; including, without limiting the generality of the foregoing, all bonds or notes or other monetary commitments issued or made and including any and all agreements made with the Federal Government, or any agencies thereof, pertaining in any way to the Urban Redevelopment functions of the City Council of Augusta.

(3) The Division of Building and Zoning Inspections shall be re sponsible for the enforcement of building, plumbing, electrical, heating, air conditioning, zoning, and minimum housing codes adopted by the Commission, the issuance of construction permits, and inspection of
premises.

(4) The Division of Public Housing. The Housing Authority of the City of Augusta shall constitute the Division of Public Housing and shall be responsible for the performance of the functions, powers, and duties which either municipal housing authorities or county housing authorities are now, or may hereafter be, authorized or required to ex ercise, as set forth in an Act of the General Assembly (Ga. Laws 1937, p. 210, et. seq.), as amended. Notwithstanding any other provision of this Charter to the contrary, the existence, powers, and operation of the Housing Authority of the City of Augusta shall remain as presently or hereafter set forth in the aforesaid Act of 1937 of the General As sembly, and the Commission is hereby vested with all the functions, powers, and duties which governing authorities of municipalities or

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counties are now, or may hereafter be, authorized or required to execute under the provisions of said Act of 1937, as amended.

Section 7.08. Department of Public Works. The Department of Public Works shall consist of the Divisions of Engineering, Sanitation,
Water and Sewer Services, Public Lands and Buildings Maintenance, Streets and Highways, and such other divisions as the Commission may establish.

(1) The Division of Engineering shall provide Engineering Services to all departments of the Unified Government. Such services shall in clude surveying, mapping, general municipal engineering, inspection, monitoring of engineering contracts, and other services that may be required by ordinance or resolution.

(2) The Division of Sanitation shall be responsible for the col lection and disposal of all solid wastes within the Urban Services Dis
tricts as are now provided within the City of Augusta or as may be required by ordinance or resolution. The initial services of the Division of Sanitation shall be limited to the Urban Services District.

(3) The Division of Water and Sewer Services shall be responsible for the treatment and distribution of water, the collecton and treatment of sewerage, the billing for such services, the construction of water and sanitary sewerage facilities, and other services that may be required by ordinance or resolution.

(4) The Division of Streets and Highways shall be responsible for the construction, paving, maintenance, and cleaning of highways, roads, streets, alleys, sidewalks, and bridges, as well as viaducts, storm sewers, and drains incidental thereto, and other services that may be required by ordinance or resolution.

(5) The Division of Public Lands and Buildings Maintenance shall be responsible for the maintenance of the Augusta Canal and all public buildings and public lands, excluding recreational areas and public streets, except parkways; and other physical areas of the Unified Government which require maintenance and care.

Section 7.09. Department of Health. The Department of Health shall include the Division of Environmental Improvement, Health Serv ices, Alcohol and Drug Abuse, and such other divisions as the Com mission may establish. All duties, powers, or functions arising from the activities of the Unified Government and operations of the Richmond County Department of Health and the Richmond County Department of Family and Children Services shall be coordinated and administered by
this department.

(1) The Division of Health Services shall be responsible for pro viding general medical and nursing services, as required, to all persons incarcerated within facilities of detention or confinement owned or operated by the Unified Government, including care of the sick and injured, physical examinations, professional advice and counsel in

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psychological examinations and hearings, and for determining and super vising the provision of ancillary medical services. In addition, the Division shall perform necessary medical services for the Shiloh Orphanage, including physical examination and proper immunization of all orphans thereat; conduct physical examinations necessary in cases of alleged rape and relate the findings of such examinations in courts of law, as required; and establish standards and procedures for the maintenance of proper hygiene at all facilities of incarceration owned or operated by the Unified Government, including a monthly inspection of all such facilities.

(2) The Division of Alcohol and Drug Abuse shall be responsible for developing and maintaining programs directed at reducing the misuse of alcohol and drugs in Augusta-Richmond County. It shall offer train ing to the members of the Board of Education and other public officers and employees; cooperate with other governments and local interest groups; and conduct research and compile data necessary for effectively controlling and preventing alcohol and drug abuse in Augusta-Richmond County.

(3) The Division of Environmental Improvement shall be responsible for developing and maintaining programs of environmental improve ment in Augusta-Richmond County. It shall establish standards and solutions for water pollution control, air pollution control, noise abate ment and control, and solid waste control. It shall further concern itself with the aesthetics of public lands management, the use of out door visual designs, the coordination of intergovernmental efforts, and
public education.

Section 7.10. Department of Community Resources. The Department of Community Resources shall initially include the Manpower Develop ment Division, Community Relations Division, Social Service Division, and Family and Children Services Division.

(1) The Manpower Development Division shall be responsible for procuring and disbusing available Federal, State, and local monies to all local Manpower Development Programs for the Unified Government. This division shall perform such other functions and duties as may be required by the Unified Government.

(2) The Community Relations Division shall be responsible for the development of programs that will promote better race relations within the Unified Government. More specifically, it:

(a) Shall be responsible for maintaining and evaluating Man power Programs under the auspices of the Unified Government; and

(b) Shall be responsible for maintaining the Unified Govern ment Fair Employment Policy.

The Division shall make recommendations to the Unified Govern ment which it feels will enhance better relations among various groups within the Unified Government. It shall also perform such other func tions and duties as may be required by ordinance.

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(3) The Social Service Division shall be responsible for developing programs that will improve the quality of life for all citizens in the Unified Government.

(a) The Division shall be responsible for developing programs that will improve services to the youths and older citizens of the Unified Government.

(b) It shall be responsible for formulating and carrying out workable programs to improve the quality of life for every citizen of the Unified Government.

(4) The Department of Family and Children Services Division for Children and Youth. The Richmond County Department of Family and Children Services (including the Division for Children and Youth) of Richmond County, established under the General Laws of the State of Georgia and the laws applicable or pertaining thereto, shall be in no way affected by the adoption of this Charter, except that the relationship and status heretofore existing between said Department and Division and Richmond County shall henceforth exist between said Department and Division and the Unified Government created by this Charter. The Unfied Government shall have and exercise all of the powers, privileges, functions, duties, and obligations heretofore imposed upon, vested in, and exercised by Richmond County under said laws pertaining to said De partment and Division.

Section 7.11. Department of Law. All legal services, of whatever nature performed for the Unified Government, and for all boards, authorities, commissions and agencies (with the exception of the Board of Education and all authorities created pursuant to general laws of the State of Georgia) who submit annual budgets to the Unified Govern ment Commissioners and who are funded by the tax revenue levied by the Unified Government, shall be performed by, or be under the direc tion and control of the Department of Law.

The Department of Law shall:
(1) Furnish legal advice to the Mayor, to the Unified Government Commission and to all offices, departments, boards, authorities and commissions concerning any matters arising in connection with the exercise of their official powers or performance of their official duties;
(2) Represent the Unified Government in all litigation wherein either it or its departments or agencies are involved;

(3) Collect by suit or otherwise all claims, debts, taxes, and ac counts due the Unified Government which shall be placed with it for collection by any officer, department, board or commission;
(4) Prepare or approve all contracts, bonds, deeds, leases or other instruments in writing in which the Unified Government is concerned;

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(5) Prepare or assist in preparing for introduction any proposed ordinance, resolution or legislation upon the request of the Mayor or any member of the Unified Government Commission;

(6) Codify and cause to be published in convenient book form once in every five (5) years all the general ordinances of the Unified Government which are still in effect, with compilation and publication annually of a supplement thereto. The first general codification shall be published within one (1) year after this Charter becomes effective, unless the Unified Government Commission by resolution shall extend the time therefor;

(7) Perform such other duties as may be assigned to it by ordinance or resolution of the Unified Government Commission.

The Department of Law shall be under the direction and control of the Attorney for Augusta-Richmond County. The Attorney shall be ap pointed, subject to removal, and shall bear the same qualifications and residence requirements as provided elsewhere in this Charter for other department heads of the Unified Government. In addition to these qualifications, he shall be an active member of the State Bar of Georgia in good standing, and he shall have at least three (3) years' experience in the active practice of law. He shall devote his entire time to the duties of his office, and he shall not engage in the practice of law otherwise.

The Unified Government Commission, as it may deem necessary to the performance of the duties and functions of the Department of Law, shall provide that Department with office facilities, clerical and ad ministrative personnel, and attorneys to assist the Attorney of AugustaRichmond County. Such assistant attorneys shall be active members of the State Bar of Georgia in good standing and shall devote their entire time to the duties of assistant attorney in the Department of Law and not engage in the practice of law otherwise. All the personnel of the Department of Law, excepting the Attorney for Augusta-Richmond County, shall be employed in accordance with and be covered by the Unified Government Merit System and enjoy the same tenure and employee rights and benefits.

ARTICLE VIII
Boards, Commissions, Authorities and Agencies
Section 8.01. Status of Boards, Commissions, Authorities and Agencies. Notwithstanding anything in this Charter to the contrary, all Boards, Commissions, Authorities, and Agencies established under the general laws of the State of Georgia, shall continue their operations without interruption and shall not lose any of their rights, powers, privileges, duties, functions, and/or obligations as a result of the adop tion of this Charter, and shall be in no way affected by the adoption of this Charter, except that the relationship and status heretofore existing between said Boards, Commissions, Authorities and Agencies and Rich mond County or the City of Augusta shall henceforth exist between said Boards, Commissions, Authorities and Agencies and the Unified Government created by this Charter. In regard to such Boards, Commis sions, Authorities and Agencies, the Unified Government shall have and

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exercise all of the powers, privileges, functions, duties and obligations heretofore imposed upon, vested in, and exercised by Richmond County or the City of Augusta under said general laws pertaining to said Boards, Commissions, Authorities and Agencies.

All Boards, Commissions, Authorities, and Agencies created by an Act of the General Assembly applying specifically to Richmond County or the City of Augusta, or established by ordinance of the City of Augusta or by Resolution of Richmond County shall continue their operations without interruption and shall not lose any of their rights, powers, privileges, duties, functions and/or obligations as a result of the adoption of this Charter; however, subsequent to the effective date of this Charter, the Commission of the Unified Government shall have the power and authority by ordinance to continue, reconstitute or abolish any such Boards, Commissions, Authorities, Agencies; provide for the appointments to such Boards, Commissions, Authorities, and Agencies; and establish qualifications and terms of such memberships, together with the powers, duties and functions of such Boards, Authorities, Commissions and Agencies.

All Boards, Commissions, Authorities, and Agencies currently designated as Boards, Commissions, Authorities, or agencies of Augusta or as Boards, Commissions, Authorities or Agencies of Richmond County by the Commission of the Unified Government, and the references to the governing body and provisions made in current enabling legislation are hereby changed and amended, wherever appropriate, so as to refer instead to the Unified Government of Augusta-Richmond County, and/or the Mayor of the Unified Government of Augusta-Richmond County, and/or the Commission of the Unified Government of AugustaRichmond County, and to incorporate the provisions of this Section.

ARTICLE IX
Services and Taxing Districts
Section 9.01. General, Urban, and Limited Services Districts. In the area governed by the Unified Government there shall be:
(1) A General Services District which shall consist of the total area of Augusta-Richmond County as is established by this Charter or later established by law;
(2) An Urban Services District as is established by this Charter or later established by law;
(3) Such Limited Services Districts as may be created under the provisions made therefor in this Charter or later established by law.
Section 9.02. Functions within the General Services District; Urban Services Districts; Limited Services Districts. (1) The General Services District shall consist of the entire area of Richmond County, wherein the Unified Government may exercise those rights and powers, perform those functions, and furnish those services which previously have been possessed, exercised, performed and furnished by the City Council of

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Augusta or by Richmond County, or both. It shall supply the residents of such General Services District with those services which are now, or hereinafter may be, furnished customarily by a county government in a county-wide area.

(2) The Urban Services Districts shall consist of those areas now being furnished the municipal type services, as are now being furnished by the City Council of Augusta. In such districts the Unified Govern ment may exercise those rights, powers and functions and furnish those services which previously have been possessed, exercised or furnished by the City of Augusta or Richmond County, or both, and shall supply the residents of the Urban Services Districts with those services which are now, or later may be, furnished customarily by a municipal corpo ration within the corporate limits of a municipality. The entire area encompassed within the corporate limits of the City Council of Augusta, as the same existed at the time this Charter became effective, is hereby constituted the initial Urban Services District.
(3) The Limited Services Districts shall consist of those areas out side the Urban Services Districts which the Unified Government may by ordinance create and define for the purpose of furnishing or perform ing one or more of such services as are furnished within the Urban Services Districts.

Section 9.03. Establishment of Limited Services Districts. When the Commission finds that any area outside of an Urban Services Dis trict requires or is being furnished a higher level of services than those provided in the General Services District, it may adopt an ordinance which shall contain the following:
(1) A Statement of the findings;
(2) A delineation of the area to which such findings apply; and
(3) A specification of the additional functions and services required by such area.
The area described in the ordinance may consist of parts which are not contiguous. The additional functions and services shall be limited to such additional or higher levels of services, or some portion or degree thereof, furnished in Urban Services Districts. Upon the adoption of the ordinance, the area described therein shall be constituted a Limited Services District with the purposes, functions, and services specified in the ordinance.

Section 9.03.1. Special Service Districts. Each special service dis trict within Richmond County, including fire districts, lighting districts and any other special service district in existence on the effective date of this Charter shall continue in existence and the services provided therein shall continue to be provided until the electors within such districts shall decide otherwise.

Section 9.04. Removing Territory From Urban Services Districts.

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Whenever the Commission finds that a particular area within an Urban Services District no longer requires the services provided in the area, the Commission may adopt an ordinance reciting its findings and setting out the boundaries of the area to which the findings apply. Upon the adoption of the ordinance, the area described therein shall cease to be a part of the Urban Services District.

Section 9.05. Reclassifying Limited and Urban Services Districts. Whenever the Commission finds that an area within the Limited Services District requires the additional services available in Urban Services Districts, it may adopt an ordinance reciting its findings, setting out the boundaries of the area to which the findings apply, and specifying that the area described should become an Urban Services District.

Whenever the Commission finds that an Urban Services District or a portion thereof requires and receives only the services available in a Limited Services District, the Commission may adopt an ordinance re citing its findings, setting out the boundaries of the area to which the findings apply, and specifying that the area should be reclassified as a Limited Services Area. Upon the adoption of the ordinance, the area described therein shall be classified as a Limited Services Area.

Section 9.06. Change in Level of Services in Limited Services Dis trict. Whenever the Commission finds that a Limited Services Area requires a different level of services than that specified by the ordi nance of the Commission creating such Limited Services Areas, it may adopt an ordinance reciting its findings and specifying the level or levels or services which the area shall receive.

Section 9.07. Procedure for Altering Urban and Limited Services Districts. The Urban Services Districts and Limited Services Districts of the Unified Government, as are authorized by this Charter, may be abolished, created, expanded, merged, consolidated, altered, or reduced only by ordinance duly adopted by the Commission under such general rules, procedures, regulations, requirements, and specifications as established by the Commission; provided, however, no new Urban or Limited Services Districts may be abolished, created, expanded, merged, consolidated, altered, or reduced without providing an opportunity for citizens of Augusta-Richmond County to be heard thereon. A notice of a public hearing on the proposed abolition, creation, expansion, merger, consolidation, alteration, or reduction of an Urban Services District or Limited Services District shall be published in one or more newspapers of general circulation in Augusta-Richmond County once each week for at least four successive weeks immediately prior to the announced date of the public hearing with at least six (6) days interval between the publication of the notices. Such rules and regulations shall set forth:

(1) The manner and method for abolishing, creating, expanding, merging, consolidating, altering, or reducing Urban and Limited Services Districts;

(2) Requirements for defining functions and policies for rendering services;

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(3) Methods of changing levels of services within existing Services Districts;

(4) Methods of transferring territory from one such Services District to another; and

(5) Requirements for defining boundaries of such Services Dis tricts.

Section 9.08. Revenue to Defray Cost of Rendering Services. The General Services District, Urban and Limited Services Districts, are hereby constituted tax districts wherein the Commission shall have the power and authority to assess, levy, and collect taxes, also to fix and collect fees and charges, for the purpose of deriving the revenue essen tial and necessary to pay the costs of furnishing the services in these districts, including the cost of capital outlays essential and necessary to furnishing these services. The burden of such taxes as are levied under this authority shall be placed as far as is reasonable and possible in accordance with the type, degree, and level of services rendered, and upon the beneficiaries of such services. No such levy of tax, fee or charge shall be made which will subject any person to any tax or change for any service not made available to the person. All the taxes and other charges assessed, levied, and collected within the Urban Services Dis tricts for services of the municipal type and furnished therein shall be uniform, and may be in addition to the General Services District taxes. The taxes and charges assessed, levied, and collected within the Limited Services Districts may vary throughout the Unified Government area in accordance with the cost of furnishing the services in those districts, and they may be in addition to the General Services District taxes.

As shall become necessary and essential to furnishing services in the Urban and Limited Services Districts, the Commissioners shall have the power and authority to borrow money and enter into contracts of indebtedness and in security thereof, as is permitted by law. The burden of repayment of such indebtedness may be placed upon the district wherein the related service is furnished, or the revenue anticipated from charges for the use of such services in the particular district.

Section 9.09. Tort Liability in General, Urban and Limited Services Districts. The Tort Liability of Augusta-Richmond County in Urban Services Districts shall be that of a municipality, and in the Limited Services Districts and the General Services Districts, excluding that portion constituting the Urban Services Districts, the Tort Liability of Augusta-Richmond County shall be that applicable to counties.

Section 9.10. Conflict of Laws. For all purposes of the General Law, the Unified Government shall constitute both a municipality and a county. If the General Law applicable to municipalities and counties is in conflict, the Urban Services Districts shall be considered to be a municipality, and the Limited Services Districts and the General Services Districts, excluding that portion constituting the Urban Services Dis
tricts, shall be considered to be a county.

Section 9.11. Additional Functions and Services. Nothing in this

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Article shall be deemed to limit the power of the Unified Government to exercise, furnish or provide other functions and services in either the Urban Services District, the General Services District, or any Limited Services Districts, including but not limited to a revitalized downtown development program of services and functions.

ARTICLE X Unified Government Personnel and Pensions

Section 10.01. Employment Policy. It shall be the policy of the Unified Government that employment, promotion, demotion, transfer, dismissal, or other disciplinary action, and uniform rates of compensa tion, with respect to employees in the merit service, shall be on the basis of merit and qualification, without discrimination as to race, color, religion, political affiliation, sex, or national orgin. The above will be adhered to in order to achieve effective, efficient, and fair conduct of the public business.

Section 10.02. Merit Commission. The Unified Government shall accomplish and administer the policy of the Unified Government, relative to its employees, through its Merit Commission. One elector from each Unified Government Commission representative district shall constitute this Merit Commission.

Section 10.03. Members of Merit Commission; Qualifications; Ap pointment to Membership; Term of Office; Compensation; Removal; Filling Vacancies. To qualify for membership in this Merit Commission, a person must be an elector of the Unified Government area. At the time of his appointment, he shall have resided in the district he is to repre sent for a period of no less than one (1) year immediately preceding his appointment. No person holding a membership in this Commission shall during the term of such membership hold any other public office or position of employment under the Unified Government. Any member of this Merit Commission who removes his residence from the district from which appointed shall thereby forfeit and vacate his membership immediately; any other provision in this Article notwithstanding.

Appointments to this Merit Commission shall be made by the Mayor with the advice and consent of the majority of the entire mem bership of the Unified Government Commission. In making appoint ments to this Merit Commission the Mayor shall be guided by the intent that all segments of the citizens of the Unified Government area shall be represented in this Merit Commission, as far as is reasonably possible.

The term of office of each member of this Merit Commission shall be four years and until their successors are appointed and qualified, pro vided, however, the terms of office of the members of this Merit Com mission shall be staggered. At the time this Charter becomes effective, the members to represent the odd-numbered districts shall be appointed for a regular four-year (4-year) term of office, while members from even-numbered districts shall be appointed for an initial term of two (2) years of office only. Thereafter, members from even-numbered dis tricts shall be appointed for four (4) year terms of office. Any person,

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having the necessary qualifications therefor and who is appointed to fill a vacancy shall serve only for the time remaining to the vacated membership, but such person shall be eligible for a later appointment to a membership for the next regular full term.

The compensation payable to the members of this Merit Commission for their expenses and services incident to the membership in the Merit Commission and duties thereof shall be fixed by ordinance of the Unified Government Commission.

A member of this Merit Commission shall be removed from office only by a majority vote of the entire membership of the Unified Govern ment Commission. A member shall be removed only when the Commission determines that the member has become disqualified for membership in this Merit Commission for the reasons set out in this Section, or because of physical and/or mental disability rendering him incapable of ef fectively performing the duties of his office, or because of his having been convicted of any offense, wherein as a punishment for such offense the applicable law permits penal servitude in excess of one year.

Should any vacancy occur in the membership of this Merit Com mission, the Unified Government Commission shall, not later than sixty (60) days from the date the vacancy occurs, fill the vacancy in the same manner and under the same conditions whereby the original appointment was made.

The Merit Commission at its first regular meeting in each year shall elect one of its members Chairman, and one of its members Vice Chair man, who shall serve as Chairman and Vice Chairman for a term of one year.

Section 10.04. Powers, Authority, and Duties of the Merit Com mission. The Merit System of the Unified Government shall be responsi ble for developing and fostering personnel policy. Toward this end, the Merit Commission shall prepare proposals which it shall submit to the Unified Government Commission for its approval. These proposals shall apply to all positions covered by the merit systems and shall include the following provisions:

(1) The classification, grading, and pay of all covered positions covered by the merit system, including those of the Sheriff's Office;

(2) Promotions, upgrading of positions, reclassification of positions, and compensation increases;

(3) Tenure in office and employment, subject to the provisions else where in this Charter pertaining to tenure;

(4) Pension plans and provisions for retirement, subject to the provisions elsewhere made in this Charter pertaining to pensions and retirement;

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(5) Rules and measures for employee disciplinary action, demotions, and discharges;

(6) Eligibility standards for employment and maintenance of an eligibility list;

(7) Provisions for leave, insurance and other employee benefits.

This Merit Commission shall periodically review the operation, cir cumstances of employment, demands of the Unified Government in its operations, and the effect of the personnel provisions then in force, and make due report and recommendations to the Unified Government for such changes as are then indicated and as may be justifiable.

This Merit Commission shall perform the function and duties of a personnel review board, and such other duties and responsibilities as may be hereinafter prescribed by ordinance of the Unified Government Commission.

Upon its approval of this Merit Commission's findings and recom mendations as to the employment policies and practices of the Unified Government, the Unified Government Commission shall adopt and pub lish appropriate ordinances incorporating such procedures and practices which shall be binding upon all other offices including those of the Sheriff's Office, and upon all departments and agencies of the Unified Government.

Section 10.05. Employees Covered. All employees of the Unified Government shall be in the merit service, except the following:

(1) Elected officials and appointed heads of the departments of the Unified Government;

(2) Appointive members of Boards, including the Board of Educa tion, Commissions, and Authorities and their employees;

(3) The Administrator, the Commission Auditor and Budget Analyst, the Clerk of Commission, the Recorder and Assistant Recorders, the appointed head of the Legal Services Department;

(4) Personal secretaries assistants of the Mayor;

(5) Persons temporarily employed in a professional or scientific capacity;

(6) Persons employed to conduct special inquiries, investigations, or examinations, or to make special installations;

(7) Temporary or part-time employees;

(8) Employees of the Sheriff's Office of rank and executive re-

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sponsibility comparable to that of, or higher than that of heads of divisions;

(9) The Board of Education and their employees;

(10) Such other positions as may be excepted by ordinance, of the Commission.

Section 10.06. Provisions for Employees Promoted to Excepted Positions. Any person in a position covered by the Merit System of this Unified Government and not excepted therefrom who is appointed to an excepted office shall retain, and be entitled to return to, the same merit service classification, rights, status, and job value as that held at the time of such appointment.

Section 10.07. Reviews, Powers and Authority of the Merit Com mission as a Review Board. Any person covered by the Merit Service of the Unified Government, and who may be entitled to be covered by such service regulations, may request that the Merit Commission of this Unified Government review any grievance he has grounded upon adverse action taken, or favorable action not taken, by any department or agency of the Unified Government, in the administration of Merit Service ordinances, rules or regulations of the Unified Government pertaining to his employment rights.

The Merit Commission shall have the power and authority to hear all such requests for review and to make an equitable adjudication thereon. The Merit Commission also shall have the power and authority to conduct such hearings, to compel the attendance of witnesses by resort to the State Court, and to take testimony as is necessary to make such adjudication; and to issue such orders as it may deem necessary to enforce compliance with its findings, rulings, and decisions made as the result of such reviews. In such case, the decisions and rulings of the Merit Commission shall be final and binding upon all parties to such hearings.

An appeal to the Unified Government Commission may be brought from any final decision or ruling of the Merit Commission only under such conditions as the Unified Government Commission may make by ordinance; and only upon the grounds: (a) that the findings of fact of the Merit Commission are not supported by substantial evidence; or, (b) that its hearings and resulting decisions thereon were not in con formity with applicable ordinance(s) and regulation(s).

Section 10.08. Cooperation of Employing Agencies of the Unified Government. The employing agencies, departments, boards, and author ities of the Unified Government shall furnish to this Merit Commission such reports and information as are required in the opinion of the Merit Commission for the administration and performances of its duties and functions that are required by the provisions of this Charter.

Section 10.09. Administrative Staff of the Merit Commission. The Mayor shall appoint a chief administrative officer of the Merit Com mission with the approval of the majority of the entire membership of

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the Unified Government Commission. This officer shall be responsible to the Unified Government Commission for insuring the application of the personnel policy of the Unified Government, and rules and regula tions promulgated under the authority thereof. The compensation of the chief administrative officer shall be fixed by the Unified Government Commission. He shall serve at the pleasure of the Unified Government Commission and may be removed at any time by a majority vote of the entire membership of the Unified Government Commission.
The Unified Government shall provide the Merit Commission with such other personnel as may be necessary to assist the chief administra tive officer and the Merit Commission in the performance of their re spective duties. The pay of such personnel shall be fixed by the Unified Government Commission.
Section 10.10. Establishment of New Pension, Retirement and Employees Benefit Provisions. The Unified Government Commission shall provide its employees with insurance, retirement and pension bene fits, coverage under the Federal old age and survivors insurance pro gram, medical and hospitalization benefits, workman's compensation. Any plan for such insurance, retirement and pension benefits shall meet the generally accepted actuarial and funding standards; and such plans and benefits may require contributions by the covered employees to the extent which the Unified Government Commission shall deem just and proper.
ARTICLE XI
Recorder, Recorder's Court
Section 11.01. Laws Continued in Force. On the effective date of this Charter, the office of Recorder and the Recorder's Court of the City Council of Augusta, as they exist on the date of the adoption of this Charter, are redesignated Recorder and Recorder's Court of Augusta-Richmond County, respectively, so that wherever the term "Recorder's Court" is referred to in the laws and ordinances pertaining thereto, it shall be construed to mean "Recorder's Court of AugustaRichmond County." This Court, as herein renamed, shall continue its operation without interruption resulting from the adoption of this Charter; and, except as otherwise provided by this Charter, those pro visions of the laws pertaining to said Court as they existed on the date of the adoption of this Charter are hereby continued in unimpaired force and effect, except that the following terms contained therein shall be construed as indicated to wit:

The term "Council" shall mean "Commission"; and the term "Coun cilman" shall mean "Commissioner."

Section 11.02. Jurisdiction of Recorder's Court. The Recorder shall continue to have all the rights, authority, power, and jurisdiction now possessed by him under all present applicable laws and ordinances; and, in addition thereto, the Recorder, while holding Recorder's Court, shall be and is hereby empowered and authorized and given jurisdiction to accept pleas of guilty or nolo contendere.

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The jurisdiction of the Recorder's Court shall extend throughout the territorial limits of Richmond County as the same exists on the
date of the adoption of this Charter. The Recorder, while holding such Court, shall have jurisdiction to try all persons charged with violations of the rules, regulations, bylaws, and ordinances of the City Council of Augusta that are continued in effect under the provisions of this Charter, as well as the violation of the rules, regulations, bylaws,
and ordinances of the Unified Government; and, for the violation thereof, to impose punishment by fines and imprisonment, or by fines or im prisonment or labor on the public works, either or both in the discre tion of the Recorder, provided such punishment for such violation or violations is within the limits prescribed by the ordinance for the conviction of which such punishment is imposed.

The Recorder shall have the power of subpoena granted by law to Inferior Courts of the State, and the power to exercise all authority and jurisdiction necessary to the function of the Recorder's Court.
The Recorder, while holding Recorder's Court, shall have full power and authority to try and, upon conviction, to punish contempt of the Commission, as provided under this Charter, and contempt of the Court for the failure to obey any lawful summons, subpoena, process, or order for which failure to obey is punishable under any law or ordinance; such punishment to be by a fine not exceeding Three Hundred Dollars ($300.00) or imprisonment not exceeding ninety (90) days, or both.
Section 11.03. Appeal and Appeal Bond. Any person who has entered a plea of not guilty and is subsequently found guilty of violating an ordinance of the Unified Government by the Recorder shall have the right of certiorari to the Superior Court from the Recorder's Court in the same manner and under the same procedure as now prescribed by law for certiorari from Inferior Courts of the State.
Section 11.04. Appointment of Recorder, Assistant Recorder, Clerk and Bailiff. On the effective date of this Charter, the incumbent Recorder, Assistant Recorder, and Clerk of the Recorder's Court who were serving the City Council of Augusta on the day next proceeding the effective date of this Charter shall continue to serve in their respective offices until their respective successors are appointed and qualified. The Commission may provide for as many Assistant Recorders as it may deem necessary. These Assistant Recorders shall be appointed by the Mayor in the manner specified in this Charter.
Upon the occurrence of a vacancy in the office of the Recorder, As sistant Recorder, or Clerk of Recorder's Court, or Bailiff, the Chairman shall nominate and, subject to confirmation by the majority vote of the entire Commission, appoint a Recorder, Assistant Recorder, or Clerk of Recorder's Court or Bailiff as the case may be.

Section 11.05. Term; Qualification of the Recorder and Assistant Recorder. The term of office of Recorder, Assistant Recorder, and Clerk of Recorder's Court shall be four years and until a successor is ap pointed and qualified. The Recorder and Assistant Recorder shall be

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not less than thirty (30) years of age, an active member of the State Bar of Georgia in good standing, and a resident of the territory of the Unified Government. He shall have practiced law for a period of not less than five years prior to his undertaking the duties of office.

Section 11.06. Rules; Procedures; Clerk of Recorder's Court. The Commission shall, by ordinance, fix rules and regulations governing the time, place, and number of sessions of the Court. The Clerk shall pre pare the Court dockets, maintain all Court records, and serve as the Court's chief administrative officer. The Recorder shall prescribe such rules of practice in the Recorder's Court as he may deem necessary to the proper function of the Recorder's Court.

Section 11.07. Acting Recorder. In the absence of the Recorder and Assistant Recorder, the Mayor may prescribe or appoint a member of the Commission to preside in the Recorder's Court. This substitute shall have all of the rights and powers of the Recorder, while holding the Recorder's Court.

Section 11.08. Recorder's and Assistant Recorder's Oath. The Re corder and Assistant Recorder shall take an oath before the Chairman well and truly to discharge the duties of their offices to the best of their ability and without partiality.

ARTICLE XII
Initiative and Referendum
Section 12.01. General Provisions. As a part of the legislative powers and authority granted by this Charter, the electorate of the Unified Government shall have the power and authority either to pro pose legislation for enactment by the Commission or amend or repeal any legislative acts of the Commission; including the right finally to ordain by a referendum to the electorate any proposed legislation which the Commission fails to enact. This shall not infringe upon the power and authority of the Commission voluntarily to submit to the electorate for approval or rejection any legislative act or proposed legislative act; or to contract for indebtedness as is provided and authorized by the Constitution of Georgia, by general law, or by this Charter.
Such legislative action on the part of the electorate shall be insti tuted only by a petition of no less than 25% of the total number of reg istered voters in the Unified Government, as shown by the official records, who voted in the last held general election. The petition, which shall contain readily identifiable signatures and names of the petitioners together with their addresses and certified by the Board of Elections, shall be received by the Commission and the required action shall be taken by the Commission without unreasonable delay.
The legislative acts deriving from the affirmative action of the electorate shall have the same force and effect as those resulting from the legislative action of the Commission. They may not be amended or repealed except by a referendum to the electorate of the Unified Govern ment.

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ARTICLE XIII Political Activities

Section 13.0-1. Unauthorized Acts. No officer or employee of the Unified Government of Augusta-Richmond County whose principal em ployment is in connection with any activity which is financed in whole or in part by Unified Government funds shall: (1) use his official authority or influence for the purpose of interfering with an election or a nomina tion for office, or affecting the result thereof, or (2) directly or in directly coerce, attempt to coerce, command, or advise any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organi zation, agency, or person for political purposes. No such officer or employee shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates.
ARTICLE XIV
Election and Recall
Section 14.01. General Provisions. Except as provided hereinafter in this Article, all elections of the Unified Government shall be conducted in accordance with the provisions of Title 34 of the Code of Georgia (Georgia Election Code).
Section 14.02. Election of Commissioners and Mayor. The Mayor shall be elected by the electors of the entire area encompassed by the Unified Government. Two commissioners shall be elected to represent each of the legally defined six representative districts for the General Assembly of the State of Georgia. Except for at-large Commissioners, candidates who offer for election to the Commission must reside within the district for which they offer as a candidate. Within each district, positions of membership on the Commission shall be designated as Posts 1 and 2. Candidates who are elected to Post 1 for each such district shall be elected only by the electors of the respective district. Candidates who are elected to Post 2 for each such district shall be elected by the electors of the Unified Government. At-large Commissioners may reside anywhere within the Unified Government and shall be elected by the elec tors of the Unified Government. The terms of office of the Mayor of the Unified Government and the Commissioners shall be four years and until their successors shall be duly elected and qualified, except initial candidates who are elected to Post 1 shall serve for an initial term of two years and until their successors are duly elected and qualified.

Section 14.02.1. Election of Commissioners and Mayor. The Mayor
shall be elected by the electors of the entire area encompassed by the Unified Government. Two commissioners shall be elected to represent each of the legally defined six representative districts for the General Assembly of the State of Georgia. Except for at-large Commissioners, candidates who offer for election to the Commission must reside within the district for which they offer as a candidate. At-large Commissioners may reside anywhere within the Unified Government and shall be elected

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by the electors of the Unified Government. Except for at-large Commis sioners, candidates for the Commission shall be elected to the Commis sion only by the electors of the representative district from which the candidate offers for election.

Section 14.03. Election Board. The Augusta-Richmond County Board of Elections shall not have its organization or operation affected by the adoption of this Charter, with the exception that all aspects of the elections for office in the Unified Government shall be conducted and supervised by the Board of Elections of the Unified Government.

Section 14.04. Run-off Elections. In instances where no candidate receives a majority of the votes cast for an office of the Unified Govern ment, a run-off election between the candidates receiving the two high est numbers of votes, shall be held on the twenty-first day after which the preceding primary or election was held, unless such run-off date is postponed by a Court order.

Section 14.05. Election Board. The Board of Elections of Richmond County as it existed before adoption of this Charter shall be renamed the Augusta-Richmond County Board of Elections. The Augusta-Rich mond County Board of Elections shall not have its organization or opera tion affected by the adoption of this Charter, with the exception that all aspects of elections for office in the Unified Government shall be conducted and supervised by the Board of Elections of the Unified Government.

Section 14.06. Assumption of Office. The persons elected at the first General Election shall take office on the first Monday after the first day of January, 1979, and all persons elected thereafter shall take office on the first Monday after the first day of January, next following their election.

Section 14.07. Recall Elections; General. Any person holding an elective office of Augusta-Richmond County whether by election, suc cession or appointment to fill a vacancy, shall be subject to removal from office at a recall election in the manner provided herein.

Section 14.08. Recall Procedure.
(1) A recall of an incumbent of an elective office shall be initiated upon petition signed by registered voters. In the case of an elective office to which a candidate is elected from Augusta-Richmond County, at large, the petition shall contain signatures of at least fifteen per cent of the electors qualified to vote in the preceding regular election, but signatures from any one district in excess of one-third of the total number required of a petition shall not be counted. In the case of an elec tive office to which a candidate is elected solely from one commission district of Augusta-Richmond County, the petition shall contain signa tures of registered electors in the district equal in number to at least fifteen percent of the electors in that district qualified to vote in the preceding regular election. Every recall petition shall name the officer against whom it is directed.

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(2) Each elector signing a recall petition shall add to his signature his residence, stating his commission district and the date of his signing. Signatures on a recall petition may be on separate sheets, but each
sheet shall have appended to it the affidavit of some person, not neces sarily a signer of the petition, that to the best of the affiant's knowledge and belief the persons whose signatures appear on the sheets are registered electors of Augusta-Richmond County, or of the district, as the case may be, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given.

(3) A recall petition shall be tendered for filing to the Board of Elections of Augusta-Richmond County. The Board of Elections shall examine it to see whether it contains a sufficient number of apparently genuine signatures. The Board of Elections may question the genuineness of any signature or signatures appearing on the recall petition, and if the Board finds that any such signature or signatures are not genuine, the Board of Elections shall disregard them in determining whether the petition contains a sufficient number of signatures. The Board of Elections shall also disregard any signature dated more than sixty days before the date the petition was tendered for filing and shall count only one signature of each elector who has signed the petition. The Board of Elections shall eliminate any sheet of the petition which is not accom panied by the required affidavit. The invalidity of any sheet of the petition shall not affect the validity of the petition if a sufficient number of signatures remains after eliminating such an invalid sheet. The Board of Elections shall complete the examination of the petition within twenty days and shall thereupon file the petition in the Office of the Board of Elections if valid, or reject it if invalid.
(4) As soon as the Board of Elections has accepted a recall peti tion for filing, the incumbent named in the petition shall be notified that the petition has been filed. Upon receipt of such notice, the in cumbent may resign from his office and thereby terminate the recall proceedings.
(5) If the incumbent against whom a recall petition is directed does not resign from his office within ten days after notice of the filing of such petition shall have been given to him, the Board of Elections shall arrange a recall election. If a regular or special election is to be held not less than thirty days nor more than ninety days after the ten days have expired, the recall question shall be placed before the electors at such an election. Otherwise, a special recall election shall be fixed for a date not earlier than thirty days nor later than sixty days after the ten days have expired. The incumbent against whom a recall petition is directed may resign at any time prior to the recall election and thereupon the election shall not be held.

(6) The following question shall be presented to each elector in a recall election:
"Shall (name of officer) be recalled and removed from the office of (name of office) ?"
The above question shall appear as to every officer whose recall is to be

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voted upon and provision shall be made for the elector to vote "Yes" or "No" on the question.

(7) If a majority of the registered electors who vote on the ques tion at a recall election shall vote "Yes", the incumbent shall be deemed recalled and removed from office, but if a majority of the registered electors shall vote "No", he shall remain in office.
Section 14.07. Limitations to Recall. No recall petition shall be filed against any incumbent of an elective office within the first six months or the last six months of the term of his office or within six months after an unsuccessful recall election against his; but an officer who has been reelected for a successive term shall be subject to recall also during the first six months of such term.
ARTICLE XV
Courts and Elective Offices
Section 15.01. Superior and Other Courts. Nothing contained in this Charter shall be construed so as to affect the officers, functions, jurisdiction, procedures, proceedings, organization, practices, authorities, and status of the Courts of Justices of the Peace, Notaries Public, Ex-Officio Justices of the Peace, Probate Court, State Court of Rich mond County, Civil Court of Richmond County, Juvenile Court and Superior Court of Richmond County, the officers, including the Dis trict Attorney, and judges thereof, as constituted on the effective date of this Charter. The status or relationship heretofore existing between Richmond County (and its governing body) and said offices and courts (including all of the rights, powers, benefits, obligations, authorities, and duties) shall henceforth be transferred to, be exercised and assumed by the Unified Government. All employees of the Courts as hereinabove stated, except those of the Justices of the Peace, and of all officers of the courts, including the District Attorney, shall be employees of the Unified Government, and their compensation shall be fixed by the Unified Government Commission. All such employees shall be covered by the Unified Government Merit System and entitled to the same em ployee rights and benefits enjoyed by other employees of the Unified Government.
The Civil Court of Richmond County shall also not be affected by this Act and shall have the Authority to continue its present service of processes, summonses, writs, and execution of orders of this Court.

Section 15.02. Office of Sheriff. The Sheriff of Richmond County shall be the Sheriff of the Unified Government. He shall serve for the same term as he does currently, and his compensation shall be fixed, as is provided by law, at the time this Charter becomes effective. Sub sequent elections for Sheriff shall be upon the same basis as is provided by law for sheriffs generally.

Section 15.03. Duties of the Sheriff, (a) The Sheriff shall continue to have the authority conferred on sheriffs by the Constitution and Laws of the State of Georgia generally. He shall attend upon and execute

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the orders, processes, summons, and writs of the Superior Court of Richmond County, State Court of Richmond County, Civil Court of Richmond County, Probate Court of Richmond County, and Juvenile Court of Richmond County. He shall also enforce executions issued by any officer or agency of the Unified Government.

(b) As of the date this Charter becomes effective, the law enforce ment function of the Unified Government will be assigned to the Sheriff
and thereby he will be responsible for all law enforcement in the Unified Government area. He shall be charged with preserving the public peace; preventing and detecting crime; protecting persons and property; en forcing laws of the United States of America and Georgia, as well as ordinances of the Unified Government; apprehending and confining fugitives and violators of all such laws and ordinances; and making such searches and seizures as are permitted by law. The functions outlined immediately above shall be separate and distinct from his duties de fined in the paragraph immediately preceding in this Section, not related to law enforcement.

Section 15.03.1. Chief Law Enforcement Officer. As of the date this Charter becomes effective, the law enforcement function of the Unified Government shall be performed by the Chief Law Enforcement Officer of the Unified Government. The Chief Law Enforcement Officer shall be appointed by the Commission and he shall be responsible to and serve at the pleasure of the Commission. He shall be responsible for all law enforcement in the Unified Government area. He shall be charged with preserving the public peace; preventing and detecting crime; protecting persons and property; enforcing laws of the United States of America and Georgia, as well as ordinances of the Unified Government; apprehending and confining fugitives and violators of all such laws and ordinances; and making such searches and seizures as are permitted by law. All of the powers, duties and responsibilities formerly vested in and possessed by the Sheriff of Richmond County, insofar as law enforcement functions are concerned, shall be vested in, possessed by and devolve upon the Chief Law Enforcement Officer of the Unified Government. The Commission of the Unified Government shall have full control and authority to fix the salary of the Chief Law Enforcement Officer and all his deputies, personnel and sub ordinates, to approve or reject all future promotions, dismissals or sus pensions and to approve all appointments made by the Chief Law En forcement Officer or by others acting pursuant to his authorization. The Chief Law Enforcement Officer may summarily impose suspensions up
to five days without pay.

Section 15.04. The Sheriff's Officers and Employees; Internal Organization and Management of Employees. The Sheriff shall have the authority to establish the internal organization of his office; pro vided however, such organization shall disassociate the functions of executing the civil orders, processes, summons and writs of court as may be required of him by law, from all the other functions of his of fice; and that such organization be designed to meet the particular needs of an urban community as to law enforcement, preservation of peace and the protection of property; and that such organization provide for maintenance of records, utilization of identification methods, com munications, crime detection and investigation, apprehension of fugitives

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and violators of the law, and exchange of information with all other law enforcement agencies commensurate with those standards and methods adopted and followed by the law enforcement profession gener ally in urban communities. The sheriff also shall have the authority to direct, assign, manage and train all the personnel of his office, as is justifiable and necessary to the fair and efficient performance of the duties of his office, subject however, to the provisions set out below in this Section.

All the employees of the Sheriff's office, with the exception of those of the rank and executive responsibility comparable to heads of a division or superior position, shall be employed in accordance with and be covered by the Unified Government Merit System, all ordinances and regulations thereof. Such employees shall enjoy the same rights and employee benefits provided employees of departments of the Unified Government. Any employee of the Sheriff's office who is in a position covered by the Merit System of the Unified Government and not excepted therefrom and who is appointed to an excepted office or position shall retain, and be entitled to return to, the same job classification, rights, benefits, status, and job value as held at the time of such ap pointment.

In the exercise of his authority over and the management of the covered employees of his office, the Sheriff may summarily impose sus pensions up to fifteen (15) days without pay. All disciplinary action demotions, reductions in pay, and discharges imposed upon the covered employees of the Sheriff's office shall be for cause, and the Unified Government Merit Commission shall have the authority and jurisdic tion to review such disciplinary action, upon appeal, as is provided in the ordinances, and regulations promulgated under the ordinances, per taining to the Unified Government Merit System and as is applicable to employees of the departments of the Unified Government. The findings, judgment and orders of the Unified Government Merit Commission in such cases shall be binding upon the Sheriff as is provided in the Merit System ordinances of the Unified Government and as is applicable to the departments of the Unified Government.

Section 15.05. Retirement and Pension Rights of Sheriff and Sheriff's Deputies Protected. Nothing in this Charter shall be construed so as to affect the eligibility of the Sheriff or his deputies for member ship in the Peace Officer's Annuity and Benefit Fund should they so elect; however, the Unified Government shall have the power and author ity to adopt by ordinance such provisions as will correct any inequities resulting to such employees in relation to the benefits provided other employees by the Unified Government.
Section 15.06. Quarters, Facilities, Equipment, Personnel and Op erating Expenses of Sheriff's Office. As in the case of the departments of the Unified Government, the Unified Government Commission shall provide the Sheriff with such quarters, facilities, equipment, personnel and funding for operating expenses deemed by the Unified Government Commission necessary to the proper performance of the duties of the Sheriff's office. All the appropriations and disbursements incident thereto shall be made in conformity with the same budgetary and fiscal ordinances applicable to the departments of the Unified Government.

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Section 15.07. Status of Other Elective Offices. Nothing contained
in this Charter shall be construed so as to affect the offices, functions, jurisdiction, procedures, proceedings, organization, practices, authorities and status, as of the time this Charter becomes effective, of the Coroner of Richmond County, the Tax Commissioner of Richmond County. The status or relationship heretofore existing between Richmond County (and its governing body and said offices, including all of the rights, powers, benefits, obligations, authorities, and duties) shall henceforth exist and be transferred to, be exercised and assumed by the Unified Government. All employees of these offices shall be employees of the Unified Government, and their salaries and remuneration shall be fixed by the Unified Government Commission. Such employees shall be covered by the Unified Government Merit System and entitled to the same employee rights and benefits enjoyed by other employees of the Unified Government.

ARTICLE XVI Budget and Financial Matters

Section 16.01. Fiscal Year. The fiscal year of the Unified Govern ment shall begin on the first (1st) day of January of each year and shall end on the thirty-first (3'lst) day of December next following, or as the Commission may establish and provide by ordinance. The fiscal year shall constitute the budget year and the year for financial ac counting and reporting of each office, department, agency and activity of the Unified Government.

Section 16.02. Budget Preparation. The Commission shall prescribe, by ordinance, the procedures and requirements for the preparation, adoption, and execution of an annual operating budget, and a capital budget.

It shall be the duty of all officers, departments, boards, commis sions, authorities, courts, clerks of courts, and agenices to furnish the Mayor or his designee such information at such time or times, and in such form as he may require in budget preparation.

The Mayor shall submit the proposed annual operating and capital budget to the Commission on or before a date fixed by ordinance, but not less than sixty days to the beginning of the fiscal year. Said budgets shall be accompanied by a budget message from the Mayor containing explanation of general fiscal policies, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and other information deemed appropriate. Copies of such budgets shall be filed with the Clerk of the Commission and the office of the Head of the Department of Finance and shall be open to public inspection. A summary of such proposed budgets shall be published in one or more newspapers of general circulation within Augusta-Richmond County not less than fourteen days prior to their final adoption.

Section 16.03. Scope of Budgets. The annual operating and capital budgets shall consist of two parts:

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Part I of the annual operating and capital budgets shall set forth, in detail, the revenues, expenditures, and program information for those services, functions, and capital improvements projects pertaining to the General Services District.

Part II of the annual operating and capital improvements budgets shall contain a separate section for each Urban and Limited Services District, established pursuant to this Charter and by ordinance of the Commission, in order to reflect, in detail, the revenues, expenditures, and program information for those services, functions, and capital improve ments projects pertaining to the Urban and Special Services Districts.

Each of the above described parts of the annual operating budget shall contain with respect to each of the operating funds of the Unified Government to which they are applicable, (1) an estimate of the un encumbered fund balance or deficit at the beginning of the next fiscal year and the amount of reserves for designated purposes or activities includable in the operating budget; (2) a reasonable estimate of cash revenues to be received during the next fiscal year, classified according to source, including a reasonable reserve for contingencies; (3) proposed expenditures detailed by each office, department, agency and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the next year; (4) insurance and pension costs and all debt service require ments for such fiscal year payable from such funds; (5) work programs and performance data in justification of proposed expenditures; and (6) such other information as may be considered necessary or as may be desired by the Mayor or Commission.

Each of the above described parts of the capital budgets shall con tain, with respect to each services district, (1) a description of all planned capital improvements, together with studies and surveys relative thereto, (2) provisions for the acquisition of property of a permanent nature; and (3) provisions for the purchase of equipment for any public improvements which, when first erected or acquired, are to be financed, in whole or in part, from funds controlled by the Commission. It shall show the capital expenditures which are planned for each of the five ensuing fiscal years. For each major project, facility, or other property, there shall be shown the amount and source of the money that has been spent, encumbered, or is intended to be spent or encumbered, prior to the beginning of the next fiscal year, and also the amounts and the sources of the money that are intended to be spent during each of the ensuing five years.

Section 16.04. Adoption of Budgets by Commission. The Commis sion shall, upon receipt of the proposed budgets, schedule and hold one or more public hearings thereon, notice of which shall be published in a newspaper of general circulation in Augusta-Richmond County, at least fourteen days prior to the date set for such public hearing.

The Commission may amend the proposed operating budget, except that the budget, as finally amended and adopted, must provide for all expenditures required by law or by other provisions of this Charter, and for all debt service requirements for the next fiscal year.

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The Commission shall adopt the final annual operating budget for the next fiscal year not later than the thirty-first day of December each year, and such budget shall be effective for the fiscal year beginning on the first day of January. In the event the Commission fails to adopt the budget by this date, the amounts appropriated for operations for the fiscal year just ended shall be deemed adopted for the current fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the Commission shall adopt a budget for such fiscal year. Adoption of the annual operating budget shall be in the form of an appropriation ordinance, setting out estimated revenues in detail by source, and making appropriations according to fund by organizational unit, purpose, or activity as set forth in the budget document.

The amount set out in the adopted operating budget for each organi zational unit, purpose, or activity shall constitute the annual appropri ation for such item, and no expenditure shall be made, or encumbrance created, in excess of the otherwise unencumbered balance of the appro priation or allotment thereof to which it is chargeable.

The Commission may delete projects from the capital budget as submitted to it, but it shall not otherwise amend the capital budget until it has requested, through the Mayor, the recommendations of the Head of the Department of Urban Affairs. The Commission shall not be bound by such recommendations and may act without them if they are not received within thirty days from the date they were requested. The Commission shall adopt, by ordinance, the capital budget for the next fiscal year not later than the thirty-first day of December of each year.

The capital budget ordinance shall show, in detail, the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Commission, and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts speci fied as intended to be spent out of new appropriations shall, upon enact ment of the capital budget ordinance, constitute appropriations of such
amounts.

Section 16.05. Levy of Property Tax. Within fifteen days following the adoption of the operating and capital budgets, and consistent with the provisions of Section 9.08 of this Charter, the Commission shall:

(1) Levy, by ordinance, a General Services District tax on all tax able real and taxable personal property within the General Services District. The tax rate set by such ordinance shall be such that a reason able estimate of cash revenues from such levy, with adequate allowance for delinquent taxes and other uncollectibles, together with other antic ipated revenues, fund balances, and applicable reserves, shall be suf ficient to equal the total amount of the annual operating budget for
the General Services District.

(2) Levy, by ordinance, a tax for each Urban Services District and a tax for each Limited Services District on all taxable real and personal property within each such Urban and Limited Services District, re spectively. The tax rates set by such ordinance for each district shall

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be such that a reasonable estimate of cash revenues from such levy, with adequate allowances for delinquent taxes and other uncollectibles, together with other anticipated revenues, fund balances, and' applicable reserves, shall be sufficient to equal the total amount of the annual operating budget for each Urban Services District and each Limited Services District, respectively.

Section 16.06. Assessing and Collecting Property Tax. Except as otherwise provided in this Charter, the Commission shall, by ordinance, provide the procedures for making and filing returns for ad valorem taxation of property in Augusta-Richmond County and the place for making returns. The Commission shall also provide for the payment and collection of taxes, the creation and priority of tax liens, the is suance and levy of executions, and sales to satisfy executions. The Com mission shall provide, by ordinance, when taxes, levied and imposed by the Unified Government, shall become due and payable and when the same shall become delinquent. The Commission, by ordinance, may authorize the payment of taxes due the government in installments, at the option of the taxpayer, and when and how and upon what terms such installments shall be due and payable. The Commission may also autho rize the payment of taxes prior to the time when due.

The Commission shall provide, by ordinance, for the manner and method of collecting delinquent taxes due the Unified Government.

Section 16.07. Executions Generally. Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this Charter, or Georgia Law, and such is not paid within the time specified by the Commission, and no specific provisions is elsewhere provided in this Charter for its collection, the Head of the Department of Finance shall issue execution in the name of Augusta-Richmond County against such person, firm, or entity liable therefor, or property subject thereto, for such sums as may be due with interest at the legal rate from due date, and penalties and costs. The Unified Government of AugustaRichmond County shall have the right to enforce payment of such execu tion by levy and sale, as in the case of county taxes, and the purchaser at such sale shall acquire such title and rights as a purchaser at a sale for county taxes.

Section 16.08. Homestead Exemptions. The homestead exemptions provided under the Constitution and the laws of Georgia presently in force, or as hereafter amended, shall be applicable to all such property subject to ad valorem taxes within the General Services District of the Unified Government, as defined elsewhere in this Charter; provided, however, that such homestead exemptions (except for persons 65 years of age or older) shall not apply to taxes levied for the retirement of bonds; and provided further that such homestead exemptions shall not apply to property on which taxes are separately levied in the Urban Services Districts or Limited Services Districts.

Section 16.09. Additional Appropriations. The Commission may make appropriations in addition to those contained in the current operating budget or capital budget; provided, however, any such appro priations may be made only from an existing unappropriated surplus

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and may be appropriated only for the benefit of the services district from which the unappropriated surplus arose.

Section 16.10. Post Audit. The annual independent audit of such accounts and other evidences of financial transactions of the Unified Government shall be performed as the Commission may determine; pro vided the audit shall be made by a Certified Public Accountant who does not have any pecuniary, personal interest, direct or indirect, in the fiscal affairs of the Unified Government or of its offices, departments, agencies, or activities. No one firm shall perform this audit more than three consecutive years.
The final report of the annual independent audit shall be completed not later than four months after the close of the fiscal year. The audit report shall be delivered to the Commission of the Unified Government and shall also be made available to the public.
The Commission may, at any time, order an independent examina tion or special audit of any office, department, board, authority, com mission, or other agency of the Unified Government.

Section 16.11. City of Augusta Bonded Indebtedness District. There shall be a City of Augusta Bonded Indebtedness District which shall be composed of that territory which was formerly embraced within the corporate limits of the City of Augusta as such corporate limits existed on July 1, 1976. Said district is created for the purpose of levying within said district a tax which shall be used exclusively for the retire ment of the bonded indebtedness assigned to the district by the pro visions of this Chapter.

Section 16.12. Allocation of Indebtedness. The following described bonds issued prior to the effective date of this Charter by the City Council of Augusta shall be allocated to the initial Urban Services District established by the Unified Government Commissioners pursuant to Section 9.02 of this Charter and the principal of and interest of such bonds shall be paid from ad valorem taxes or other revenue collected in such Urban Services District.

Date of Original Issue
Dec 1948 Dec 1948 Nov 1959 May 1973 May 1973

Final Date of Maturity Purpose of Issues

1978 1978 1989 2003 2003

Fire Protection Sewerage Improvement Sewerage Improvement Storm Sewer Fire Protection

Outstanding Principal Dec. 31, 1973
$ 20,000.00 35,000.00 354,000.00
2,150,000.00 125,000.00

The following described bonds issued prior to the effective date of this Charter by the City Council of Augusta shall be allocated to the General Services District established by the Council pursuant to Section 9.02 of this Charter and the principal of and interest of such bonds shall be paid from ad valorem taxes of revenue collected in such General Services District.

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Date of Original Issue
Dec 1948 Dec 1948 Dec 1948 Dec 1948 May 1954 Nov 1955 Nov 1959 Nov 1959
May 1973 May 1973
May 1973
May 1973

Final Date of Maturity Purpose of Issue

1978

Airport

1978

Hospital

1978

Park and Recreation

1978

Street Improvement

1984

Street Improvement

1985

Right of Way--Gordon Hwy

1989

Street Improvement

1989

Urban Renewal--Hospital,

Medical School

2003

Street Improvement

2003

Court/Law Enforcement

Building

2003

Right of Way-- Highland

Ave., Fifteenth Street

and Wrightsboro Road

2003

Urban Development--

Hospital and Twiggs

Street Area

Outstanding Principal Dec. 31, 1973
$ 65,000.00 85,000.00 25,000.00 80,000.00 110,000.00
391,000.00 776,000.00
420,000.00 920,000.00
750,000.00
900,000.00
2,175,000.00

All water and sewerage and airport revenue bonds issued by the City Council of Augusta prior to the effective date of this Charter shall be payable as to principal and interest from the revenues or other sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds.

The amounts due and remaining unpaid on bonds issued by the City Council of Augusta prior to and matured as of the effective date of this Charter shall be paid from the funds held by the City Council of Augusta and so allocated. Such funds shall be transferred, upon the effective date of this Charter, to the Unified Government for that purpose.
All bonds and evidences of indebtedness issued prior to the effective date of this Charter by Richmond County, and all such as may be autho rized but unissued on that date but are issued subsequently by the Unified Government, shall be the obligation of the Unified Government. In all instances where the principal and interest of such bonds were paid by Richmond County from its general revenues, on the effective date of this Charter and thereafter shall be allocated to the General Services District of the Unified Government, and the principal and in terest of such bonds and indebtedness shall be paid from ad valorem taxes or revenue collected in such General Services District. In all other instances as to bonds issued and indebtedness outstanding of Richmond County on the effective date of this Charter, wherein the principal and interest are not payable out of the general revenue of Richmond County, the principal and interest shall be payable from the revenues and other sources, and in the manner provided in the proceedings and contracts which authorized the obligations entered into prior to the effective date of this Charter.

Section 16.13. Budgets of County Officers and Agencies. All of ficers, boards (excluding the Board of Education), authorities, com-

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missions, and other agencies not under the direct control and jurisdiction of the Commission which receive appropriations from the Unified Gov ernment shall, ninety days prior to the commencement of each fiscal year, prepare and submit to the Mayor annual operating and capital budget requests for the ensuing fiscal year. Such budget requests shall be incorporated into the overall Unified Government budget for sub mission by the Mayor to the Commission. The Mayor and Commission shall grant hearings to any such officers, boards, authorities, com missions, and other agencies on such proposed budgets.

ARTICLE XVII Amending Charter

Section 17.01. Proposal of Amendment. Except as provided in sub section (2) hereof:

(1) This Charter may be modified, rescinded, changed or amended by:

(a) An Act of the General Assembly of Georgia;

(b) An ordinance of the Commission duly adopted by the af firmative vote of not less than ten of its members favoring such amendment until ratification thereof by the affirmative vote of a majority of the qualified electors of the Unified Government voting in a referendum election as provided elsewhere in this Charter;

(c) A petition of fifteen percent (15%) of the electors quali fied to vote in the last preceding general election filed with the Clerk of the Commission, and ratification thereof by the affirmative vote of a majority of the qualified electors of the Unified Govern ment voting in a referedum election as provided elsewhere in this Charter. Any petition filed with the Clerk of Commission under this Section shall be validated by the Board of Elections.
(2) Any proposal for an amendment, modification or rescission of this Charter, the effect of which provides for an abolishment of the Unified Government, shall not become effective until approved by a majority of the qualified electors of the Unified Government voting in a referendum election as provided elsewhere in this Charter until such time as the General Assembly of Georgia has provided for and estab lished a successor government to replace and supersede the Unified Government established by this Charter. Until such events the Unified Government herein created shall continue in full force and effect as if such amendment, modification or rescission had not been adopted.

Section 17.02. Referendum for Amendments. When an amendment to this Charter has been properly proposed, either by ordinance or by petition, the Board of Elections shall call a referendum election not less than 30 days and not more than 45 days after the date of the adoption of the ordinance or the validation of the petition, as the case may be; provided however, that if a regular election is to be held not less than 30 nor more than 120 days after the adoption of the ordinance or the

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validation of the petition then such referendum election shall be held at the same time as the regular election. At this referendum election, the electorate of Augusta-Richmond County, Georgia will vote to ratify or reject the amendment or amendments proposed. The ballot shall be prepared so as to sufficiently set forth the subject matter of each proposed amendment and shall provide the voters a chance to vote "For Ratification" or "Against Ratification" on each proposed amendment. The amendment(s) shall be numbered as in the ordinance of the Com mission or in the petition. Each proposed amendment shall be ratified when a majority of the votes cast at the special referendum election shall be in favor of ratification, and each proposed amendment shall be rejected when a majority of said votes shall be against ratification. Said election shall be held in accordance with applicable laws governing elections as provided elsewhere in this Charter, and the costs of said election shall be paid out of the general funds of Augusta-Richmond County, Georgia. The Board of Elections shall canvass the returns and certify the results to the Secretary of State of Georgia, who shall issue a proclamation showing the results of said election on the ratification or rejection of each proposed amendment to this Charter. One copy of the proclamation shall be attached to the copy of this Charter previously certified to said Secretary of State, and one copy shall be delivered to the Clerk of the Commission who shall attach the same to the copy of the Charter in his custody.

Section 17.03. Limitation. Once a Charter amendment is proposed on a particular subject either by ordinance or by valid petition, no amendment on the same subject shall be proposed by ordinance or petition within 12 months after the referendum election thereon.

ARTICLE XVIII Miscellaneous Provisions

Section 18.01. Fidelity Bonds. All appointed officers and employees of the Unified Government, both elective and appointive, shall execute such official bonds in such amounts, and upon such terms and condi tions as the law or the Commission may require. The bonds shall be approved by the Department of Legal Services and filed with the Clerk
of Commission.

Section 18.02. Fees Due Unified Government. All fees, commissions, emoluments, and perquisites of any public office which would have accrued to the City Council of Augusta and Richmond County shall accrue and belong to the Unified Government and shall be remitted to
the Unified Government.

Section 18.03. Action by Deputies. In all cases in which provision is made in this Charter requiring appointed officers to take formal action, such action may be taken in the absence of said officers by their duly authorized deputies, and in accordance with such ordinances as may be adopted governing the same.

Section 18.04. Relationship to Federal and State Agencies. The Unified Government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and

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all projects, programs and undertakings of any nature authorized by any statute, rule, or regulation of the United States or the State of Georgia, or any Federal or State agency or instrumentality, and to ex ercise, with respect thereto, all the power conferred by any other State or Federal statute; to borrow money and issue promissory notes, general obligation bonds or revenue bonds, or a combination thereof, for any such purpose; and to execute mortgages, security deeds, or deeds of trust conveying property as security for any such obligation.
The Unified Government shall be deemed a county and shall also be deemed a municipality for the purpose of determining its right to receive, and for the purpose of receiving, State aid of grant-in-aid from the State of Georgia or from the United States, or from any other agency or instrumentality thereof, or from any other source, public or private. The Unified Government shall be entitled to receive and shall receive, and for the purpose of receiving, State aid or grant-in-aid from any State law, or from the United States under any Federal law, or from any other agency or instrumentality thereof, or from any other source, public or private, all funds to which a county is, or may here after be, entitled and also all funds to which a municipality is, or may hereafter be entitled, and to receive the same without diminution or loss by reason of unification of the County of Richmond and the City of Augusta.
Following the effective date of this Charter, when State aid, Federal aid, or other grant-in-aid is distributed to any municipality on the basis of population, whatever the purposes of such aid may be, then the total population of Augusta-Richmond County shall be used in calculat ing and determining the basis of the distribution of such funds to the Unified Government.

Section 18.05. Severability of Provisions. If any section, subsection, paragraph, sentence, clause or phrase of this Charter, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this Charter, which shall remain in full force and effect; and to this end the provisions of this Charter and the applications thereof are hereby declared to be severable.

Section 18.06. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Charter are hereby repealed.

ARTICLE XIX
Code of Ethics
Section 19.01. Conflict of Interest. No elected official, appointed officer, or employee of the Unified Government shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties;

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(2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties;

(3) Disclose confidential information concerning the property, gov ernment, or affairs of the Unified Government or any office, department, or agency thereof without proper legal authorization, or use such in formation to advance the financial or other private interest of himself or others;

(4) Accept any valuable gift, whether in the form of a service, loan, thing, or promise from any person, firm, or corporation which, to his knowledge, is interested, directly or indirectly in any manner what soever, in business dealings with the Unified Government; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; or

(5) Represent private interest in any action or proceeding against the Unified Government.

Section 19.02. Disclosure. Any elected official, appointed officer, or employee of the Unified Government who shall have any private fi nancial interest, directly or indirectly, in any contract or matter pending before or within the Unified Government shall disclose such private interest to the Commission. The Mayor or any Commissioner who has a private interest in any matter pending before the Commission shall disclose such private interest and such disclosure shall be entered on the records of the Commission, and he shall disqualify himself from partic ipating in any decision or vote relating thereto. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such office, department, or agency shall disclose such private interest to the Commission.

Section 19.03. Use of Public Property. No elected official, appointed officer, or employee of the Unified Government shall use property owned by the Unified Government for personal benefit, convenience, or profit, except in accordance with policies promulgated by the Commission.

Section 19.04. Testimony of Public Officials Relating to Public Affairs. Any elected official, appointed officer, or employee of the Unified Government who is duly and properly called as a witness before any Unified Government, State, or Federal judicial or administrative tribunal; and who shall, before such tribunal, fail to answer any proper question concerning the performance of his official duties shall be guilty of a violation of this code of ethics.
Section 19.05. Contracts Voidable and Rescindable. Any contract between the Unified Government and another party shall be voidable or rescindable at the option of the Unified Government at any time, if any elected official, appointed officer, or employee of the Unified Govern-

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ment has any interest in such contract and does not disclose such interest.

Section 19.06. Penalties for Violation. Elected officials, appointive officers, and employees of the Unified Government may be punished for violations as set forth in this Charter as follows:

(1) The Mayor and members of the Commission shall be subject to censure by the Commission;
(2) All appointed officers and employees shall be subject to re moval from office as provided in this Charter.
ARTICLE XX
Transitions and Interim Provisions
Section 20.01. Certain Ordinances and Resolutions Continued. All ordinances, resolutions, and bylaws of the City Council of Augusta in effect on the effective date of this Charter shall continue in force and effect, when not inconsistent with the provisions of this Charter, and shall have the legal effect of ordinances of the Unified Government operative within the Urban Services District or Districts until repealed, modified, or amended by subsequent action of the Unified Government. All resolutions of Richmond County and regulations pertaining to said County, when not inconsistent with the provisions of this Charter, shall continue in force and shall have the legal effect of ordinances and resolutions of the Unified Government until repealed, modified, or amended by subsequent action of the Unified Government.

Existing rules and regulations of departments and agencies of the City of Augusta, not inconsistent with the provisions of this Charter or with rules and regulations of the corresponding departments and agencies of Richmond County, shall be effective, as rules and regula tions of the appropriate department or agency of the Unified Govern ment until they have been repealed, modified of amended.
Section 20.02. Property Rights, Contracts, Obligations, Causes of Action, and Legal Proceedings Continued. All rights, titles, and interests in all real and personal property vested in the City of Augusta or Rich mond County shall be vested in the Unified Government. All rights and obligations under contracts, trusts, leases, bonds, orders or other in struments, shall continue in effect according to the terms and condi tions thereof as obligations and rights of the Unified Government. No pending action or proceeding of any nature (civil, criminal, judicial, administrative, or other) by or against the City Council of Augusta or Richmond County or any agency, department, employee, or officer in his official capacity shall be abated or otherwise affected, and the Unified Government shall stand substituted as a party in lieu thereof.

Section 20.03. Dissolution of Existing Governments. Until the ef fective date of this Charter, all powers vested in Richmond County,
the City of Augusta, or in their respective officers, agents, or agencies, shall remain in full force and effect. Upon the effective date of this

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Charter, the Board of Commissioners of Richmond County, the Mayor of the City of Augusta, and the Council of the City of Augusta and the officers and all members thereof, shall stand abolished, and all remunera tion and emoluments appertaining thereto shall cease.
All boards, commissions, departments, authorities, offices, and agencies of the City of Augusta and of Richmond County (except for the Board of Education and such boards, commissions, authorities and agencies as have been or may be created by and pursuant to the General Laws of the State of Georgia) shall continue to operate as heretofore until the Commission makes provision for their consolidation, reorganiza tion, or transfer of functions and shall, until that time, function as representatives of the Unified Government and be subject to the control and direction of the Commission.

Section 20.04. Transfer of Records and Equipment. When boards, commissions, authorities, departments, offices, and agencies of the City of Augusta or of Richmond County are abolished or consolidated by this Charter, all assets, contracts, franchises, books, papers, maps, charts, plans, records, other equipment, and personal property in the possession of the same shall be delivered to the boards, commissions, authorities, departments, offices, and agencies to which its rights, powers, duties, and obligations are transferred.

Section 20.05. Protection of Existing Employees. Upon the effective date of this Charter, all permanent employees of the City of Augusta and Richmond County and all permanent employees of any department, board, authority, commission, office or agency thereof, shall become employees of the Unified Government and shall be assigned to duties as similar in nature as may be practicable within said government; pro vided, however, nothing herein shall be deemed to confer any vested rights with respect to such employment. In the event any position of employment under the City of Augusta or Richmond County, prior to the effective date of this Charter, is vacated for any reason, the Merit Com mission shall be directed to evaluate the necessity of continuing that position under the Unified Government.

All permanent employees of the City Council of Augusta and of Richmond County or of any department, office, or agency thereof, entitled to be included in the merit service under the provisions of this Charter, shall immediately become members of the merit service of the Unified Government upon the effective date of this Charter and shall not be required to take an examination for such purpose.

Section 20.06. Fiscal Provisions. Supplemental appropriations may be made by the Commission to any department, board, commission, office, or other agency of the Unified Government, following the effec tive date of this Charter; provided, however, such appropriations shall be made within the structure of the budgets adopted for the previous year by the City of Augusta and Richmond County.

Section 20.07. Special Powers During Transition. Not later than ten days following the date of the initial General Election held for electing the first Mayor and other members of the first Commission

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of the Unified Government, the Mayor and the other members of the Commission who have been elected shall take their respective oaths of office and thereupon meet for the purpose of organizing the Commission.

The Mayor and the other members of the Commission shall be authorized to receive and expend appropriations from the City Council of Augusta and the Board of Commissioners of Richmond County for the purpose of performing the following responsibilities:

(1) Appointing an Administrator, a Commission Auditor and Budget Analyst, a Clerk of Commission, and Department Heads;

(2) Planning for and scheduling the initial organization of the Unified Government;

(3) Preparing financial data in readiness for the initial budgetary year; and

(4) Calling meetings, appointing committees, and performing such other acts as necessary in planning and scheduling for implementation of the Unified Government.

Any appointed officer who assumes office prior to the effective date of this Charter, pursuant to this Section, shall be entitled to receive compensation for his services during the period from the date his services commence until the effective date of this Charter. Such compensation, to be fixed by the Commission, shall be paid during the period by the Board of Commissioners of Richmond County and the City Council of Augusta.

Section 20.08. Cooperation of Former Governments. Until the ef fective date of this Charter, all elected officials, appointed officers, and employees of the City of Augusta and Richmond County shall cooperate with and assist the Mayor and the other members of the Commission and other officers of the Unified Government in planning for and scheduling the reorganization of departments, boards, commissions, and agencies of said former governments, and in transferring the functions, duties, and responsibilities of such departments, boards, com missions, and agencies to the appropriate agencies of the Unified Gov ernment so that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The Mayor, the other members of the Commission, and the officers of the Unified Government shall be entitled to examine all records, files, and other data in the possession of the former governments and all officers, officials, and employees and departments thereof. The former governments shall provide office facilities for the appointed
officers and employees of the Unified Government.

Section 20.09. Contest of Validity of Charter. If any suit or pro ceeding be filed prior to the effective date of this Charter contesting the validity or constitutionality of this Charter, in whole or in part, or for a judicial interpretation of this Charter or of any of its provisions, the members of the City Council of Augusta and Richmond County Board of Commissioners shall, by majority vote, appoint competent legal

FRIDAY, MARCH 5, 1976

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counsel to defend and uphold this Charter and the provisions thereof, and their reasonable compensation shall be an obligation of the Unified Government or an obligation of the City of Augusta and Richmond County if the Unified Government shall not have come into existence.

Section 20.10. Date and Purpose for Which Charter is Effective. If this Act is approved by the qualified voters of Richmond County, this Act shall become effective on the date of its approval for the purpose of the election of the Mayor and the members of the Commission of the Unified Government and for such other purposes as are provided in this Charter.

Except as otherwise provided herein, this Charter shall become effective on January 1, 1979. In the event that the first Mayor and other members of the first Commission are delayed in taking office or in functioning as the governing authority of the Unified Government for any cause, the effective date of this Charter shall be the earliest date thereafter when they shall have taken office and shall have com menced to function as the governing authority of the Unified Govern ment.

Section 20.11. Referendum. It shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting this Charter to the electors of Richmond County in the manner required by Article XI, Section I, Paragraph VII of the Constitution for approval or rejection. The superintendent shall set the date of such election for May 4, 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 Richmond County. The ballot shall have written or printed thereon the words:

) YES Shall the Act unifying the governments of the City ) NO of Augusta and Richmond County be approved?"

All persons desiring to vote for approval or the Charter shall vote "Yes", and those persons desiring to vote for rejection of the Charter shall vote "No". If said Charter shall be approved in the manner required by Article XI, Section I, Paragraph VII of the Constitution, it shall become of full force and effect as herein provided, otherwise it
shall be void and of no force and effect.

The expense of such election shall be borne by Richmond County. It shall be the duty of the superintendent to hold and conduct such elec tion. It shall be his further duty to certify the result thereof to the
Secretary of State.

Section 20.12. Referendum. Not less than 15 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 superintendent of Richmond County to issue the call for an election for the purpose of submitting to the electors of Richmond County the questions of who shall be Chief Law Enforcement Officer of the Unified Government of Augusta-Richmond County and how the members of the Commission of

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such Unified Government shall be elected. The superintendent shall set the date of such election for May 4, 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 Richmond County.

The following propositions and questions shall appear on the ballot:

"PROPOSITION ONE VOTE FOR ONLY ONE QUESTION IN THIS PROPOSITION
Question 1

Elected
( ) Shall the law enforcement powers, duties and functions of the Unified Government of Augusta-Richmond County be performed by the elected Sheriff of Richmond County?
Question 2
Appointed
( ) Shall the law enforcement powers, duties and functions of the Unified Government of Augusta-Richmond County be performed by a Chief Law Enforcement Officer of the Uni fied Government who shall be appointed by the Commission of the Unified Government?
PROPOSITION TWO
VOTE FOR ONLY ONE QUESTION IN THIS PROPOSITION
Question 1
( ) Shall the members of the Commission of the Unified Gov ernment of Augusta-Richmond County, except for three atlarge members, be elected only by the electors of the repre sentative district from which a candidate offers for election?

Question 2
( ) Shall the three at-large members and one-half of the re maining members of the Commission of the Unified Gov ernment of Augusta-Richmond County be elected by the vote of all the electors of the entire Unified Government and the remaining members elected by the electors of the reprepresentative district from which a candidate offers for election?"

If, in said election, Question 1 of Proposition one shall receive more votes than Question 2 of such Proposition, and if this Charter shall be approved in the special election provided for in Section 20.11, Section 15.03.1 of this Charter shall not become effective and the Sheriff of Richmond County shall exercise and possess all of the law enforcement

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powers, duties, responsibilities and functions within the Unified Gov ernment if this Charter shall be approved; otherwise Section 15.03.1 shall become effective as herein provided and subsection (b) of Section 15.03 shall not become effective, and the Sheriff of Richmond County shall not exercise any law enforcement powers, duties, responsibilities and functions within the Unified Government if this Charter shall be approved.

If, an said election, Question 1 of Proposition Two shall receive more votes than Question 2 of such Proposition and if this Charter shall be approved in the special election provided for in Section 20.11, Section 14.02 of this Charter shall not become effective and the members of the Commission shall be elected in accordance with the provisions of Section 14.02.1, if this Charter shall be approved in the special election provided for in Section 20.11. If Question 2 of Proposition Two shall receive more votes than Question 1 of such Proposition and if this Charter shall be approved in the special election provided for in Section 20.11, Section 14.02.1 of this Charter shall not become effective and the members of the Commission shall be elected in accordance with the provisions of Section 14.02, if this Charter shall be approved in the special election provided for in Section 20.11.

Section 20.13. Hearings. The Charter Commission in effect on February 15, 1975, shall be required to hold at least one (1) public meeting in each of the Commission Districts designated in this Charter for the purpose of explaining the provisions contained herein. In the event one or more members of that Charter Commission cannot serve, a new member or members shall be appointed by a majority vote of those legislators signing the Conference Committee Substitute to House
Bill 1009.

Senator Holley of the 22nd moved that the Conference Committee Report on HB 1009 be adopted.

On the motion, the yeas were 43, nays 0, and the Conference Committee Report on HB 1009 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 1648. By Representatives Jones of the 126th, Taggart of the 125th, Triplett of the 128th and others:
Senate Sponsor: Sentor McDowell of the 2nd.
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value" so as to provide for additional requirements relative to the meaning of fair market value.

Senator McDowell of the 2nd offered a substitute to HB 1648.

Senator Reynolds of the 48th moved that the substitute offered by Senator McDowell of the 2nd be printed.

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On the motion, the yeas were 34, nays 2; the motion prevailed, and the substi tute offered by Senator McDowell of the 2nd to HB 1648 was ordered printed.
HB 1661. By Representatives Ware of the 68th, Leonard of the 3rd, Parrish of the 97th and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", so as to provide that certain insurers which issue policies or contracts providing motor vehicle liability insurance cover age, or any other similar coverage, shall include in such policies or contracts of insurance at least certain minimum coverage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 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 Stumbaugh
Sutton Tate Thompson Timmons Traylor Turner
Tysinger Warren Young

Those not voting were Senators:

Banks Bond

Duncan Holley

Stephens Summers

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1668. By Representatives Peters of the 2nd and Rainey of the 135th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to provide for a taxidermist license.

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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, a roll call was taken, 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 Dean of 6th Doss Fincher Foster Gillis Hamilton of 26th Hamilton of 34th

Hill Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Russell Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Coverdell Dean of 31st Eldridge

Garrard Hudgins

Hudson Shapard

Those not voting were Senators:

Ballard Bond

Duncan

Holley

On the passage of the bill, the yeas were 45, nays 7.

The bill, having received the requisite constitutional majority, was passed.

HB 1670. 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 "Georgia Motor Vehicle Accident Reparations Act" so as to change the provisions relating to subrogation; to provide that insurers and self-insurers shall be subrogated only in certain events and only to certain extents.
Senators Barnes of the 33rd and Pearce of the 16th offered the following amendment:
Amend HB 1670 by striking in its entirety Section (d) (1) and all of the following Section starting on line 15, Page 1, through line 16, Page 2,

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and by changing the comma to a period after "entirety" on line 12, Page 1, and striking the balance of line 12 and 13 on Page 1.

On the adoption of the amendment, the yeas were 15, nays 26, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker 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 Hill Holley Howard Hudson Kennedy Kidd McDuffie McGill Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Tysinger Warren Young

Those voting in the negative were Senators :

Banks Barnes Holloway Hudgins

Langford Lester Lewis McDowell

Overby Pearce Traylor Turner

Those not voting were Senators:

Bond Duncan

Garrard Summers

On the passage of the bill, the yeas were 40, nays 12.

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, as amended, by the requisite constitutional majority the following bills of the Senate:

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SB 695. By Senator Stumbaugh of the 55th:
A bill to create the DeKalb County Airport Authority; to declare the need for such Airport Authorities; to declare the purposes and objec tives of this Act; to define certain terms; to provide for the membership of each such Authority; to provide for the terms of office of each such Authority.

SB 646. 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, Georgia, as amended, so as to change the corporate limits of said city.

The House has passed, by substitute, by the requisite constitutional majority the following resolution of the Senate:

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 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.
The House has adopted the following resolutions of the House:

HR 995. By Representatives White of the 132nd, Edwards of the 110th, Childers of the 15th and others:
A resolution expressing the position of the General Assembly relating to Licensed Practical Nurses.

HR 991. By Representatives Glanton of the 66th, Phillips of the 120th, Ross of the 76th and others:
A resolution urging increased emphasis on vocational education in the State of Georgia.

HR 992. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution to encourage business and non-business employers to take advantage of a Federal Welfare Recipient Employment Incentive Tax Credit.

The House insists on its position in amending the following bill of the Senate:

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SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Com mission to advise the State Board of Education concerning the prepara tion, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide an effective date.

The House has appointed a Committee of Conference on the following bill of the Senate:

SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Hatcher of the 131st, McDonald of the 12th and Russell of the 53rd.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Com mission to advise the State Board of Education concerning the prepara tion of those persons who teach in the school systems or schools of this State; to provide an effective date.

Senator Starr of the 44th moved that the Senate adhere to its disagreement to House amendments to SB 569 and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to House amendments to SB 569.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, McDuffie of the 19th and Duncan of the 30th.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

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HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting member of the board of tax assessors in all counties.

The Conference Committee Report was as follows:

Mr. President: Mr. Speaker:

Your Conference Committee on HB 1376 has met and submits the folowing report and recommendation :

That the House recede from its position and that the Senate Substitute to HB 1376 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ PaulC. Broun Senator, 46th District
/s/ SamW. Doss, Jr. Senator, 52nd District
/s/ James Beverly Langford Senator, 51st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hugh Logan Representative, 62nd District
/s/ Nathan G. Knight Representative, 67th District
/s/ G. Robert Howard Representative, 19th District

Senator Langford of the 51st moved that the Conference Committee Report on HB 1376 be adopted.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Gillis Hamilton of 26th

Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Riley Robinson Russell Shapard Starr Stephens Tate Thompson Timmons Traylor Turner Tysinger

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Those not voting were Senators:

Ballard (excused conferee) Banks Barnes (excused conferee) Bond Carter

Duncan Foster Garrard Hamilton of 34th Hill Pearce (excused conferee)

Reynolds Stumbaugh Summers Sutton Warren Young

On the adoption of the Conference Committee Report, the yeas were 39, nays 0, and the Conference Committee Report on HB 1376 was adopted.

The following resolutions of the Senate were read and adopted:

SR 467. By Senators Warren of the 43rd and Stephens of the 36th: A resolution commending Mr. Bill Wilson.

SR 470. By Senator Hudgins of the 15th: A resolution commending Honorable Perry J. Hudson.

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 695. By Senator Stumbaugh of the 55th:
A bill to create the DeKalb County Airport Authority; to declare the need for such Airport Authorities; to declare the purposes and objec tives of this Act; to define certain terms; to provide for the member ship of each such Authority; to provide for the terms of office of each such Authority.

The House amendment to SB 695 was as follows:
Amend SB 695 as follows:
By inserting in the title on line 17 of Page 1 after the word and semicolon "Authority;" the following:
"to define the types of activity in which each such Authority is prohibited from engaging, and otherwise to restrict the powers of each such Authority;".
By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

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"Section 6. The initial terms and members of the Authority shall be as follows:

Post No. 1 ending December 31, 1978 ................Bill Hooper

Post No. 2 ending December 31, 1978 ........_.--...Fred Barber

Post No. 3 ending December 31, 1978 ...___.._..Sturgis Bates

Post No. 4 ending December 31, 1980 ___...-._.___.Neff Jenkins

Post No. 5 ending December 31, 1980 ...,,....._.Linton Broome

Post No. 6 ending December 31, 1980 ........--.James Stogner

Thereafter all appointed members shall be appointed for terms of four years each and until their successors are appointed. Post No. 7 shall be for a one-year term, beginning in January of each year, and shall be appointed by the Authority. Such member may not succeed himself."

By striking subsection (v) of Section 13 in its entirety and insert ing in lieu thereof a new subsection (v) to read as follows:

" (v) Notwithstanding any other provision of this Act to the contrary, the Authority shall not:

(1) sell aviation or jet fuel or oil, or allow aviation or jet fuel to be sold, supplied or stored by any lessee or tenant of the Authority at a fee, rate or other charge which is less than the fee, rate or other charge charged by the Authority in the most recent existing lease between the Authority and any fixed base operator located at DeKalb Peachtree Airport;

(2) own or maintain aircraft or perform maintenance on aircraft owned by others;

(3) engage in flight instruction, flight charter, or other air craft for hire business;

(4) perform maintenance on radios, propellers or other aircraft accessories; or

(5) lease tie-down or T-hangar space for individual aircraft, except to businesses engaged as fixed base operators, provided, however, that this particular restriction shall not apply to those certain tie-down and T-hangar areas being leased by DeKalb County to entities other than fixed base operators as of March 3, 1976."

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Senator Stumbaugh of the 55th moved that the Senate agree to the House amendment to SB 695.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 695.

The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HE 21. By Representatives Parham of the 109th and Baugh of the 108th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. Dennis M. Cox.

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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell 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 Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators :

Ballard (excused conferee) Banks Barnes
(excused conferee)

Bond Duncan Foster Holley

Pearce (excused conferee) Russell Summers Warren

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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HR 97. By Representative Keyton of the 143rd: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Boston Farm Center, Inc.

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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell 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 Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Ballard (excused conferee) Banks Barnes (excused conferee)

Bond Duncan Foster Holley

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young
Pearce (excused conferee) Russell Summers Warren

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution involving an appropriation, a roll call was taken, and the vote was as follows:

HR 492. By Representatives Calhoun of the 88th, Beckham of the 89th, Miles of the 86th and others:
Senate Sponsor: Senator Broun of the 46th.
A resolution compensating Gail E. Ryan.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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JOURNAL OF THE SENATE,

The resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell 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 Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard (excused conferee) Banks Barnes (excused conferee)

Bond Duncan Foster Holley

Pearce (excused conferee) Russell Summers Warren

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 504. By Representative Pinkston of the 100th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. Edwin J. Odom.

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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Fincher

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Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson Shapard

Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard (excused conferee) Banks Barnes
(excused conferee)

Bond Duncan Foster Holley

Pearce (excused conferee) Russell Summers
Warren

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 544. By Representative Phillips of the 59th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Sherry T. Alexander.

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 taken, and th vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell 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 Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

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JOURNAL OP THE SENATE,

Those not voting were Senators:

Ballard (excused conferee) Banks Barnes (excused conferee)

Bond Duncan Foster Holley

Pearce (excused conferee) Russell Summers Warren

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 613. By Representative Pinkston of the 100th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. L. C. McGarrah.

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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell 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 Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard (excused conferee) Banks Barnes (excused conferee)

Bond Duncan Foster Holley

Pearce (excused conferee) Russell Summers Warren

On the adoption of the resolution, the yeas were 45, nays 0.

FRIDAY, MARCH 5, 1976

2887

The resolution, having received the requisite constitutional majority, was adopted.

HR 738. By Representative Miles of the 86th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. Doyle L. Drew.

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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell 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 Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators :

Ballard (excused conferee) Banks Barnes (excused conferee)

Bond Duncan Foster Holley

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young
Pearce (excused conferee) Russell Summers Warren

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President announced the Senate would stand in recess from 12:36 o'clock P.M. until 2:00 o'clock P.M. today.

The President called the Senate to order at 2:00 o'clock P.M.

2888

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has appointed a Committee of Conference on the following bill of the Senate:

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Com mission to advise the State Board of Education concerning the prepara tion, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide an effective date.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Carlisle of the 71st, Ross of the 76th and Evans of the 84th.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
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.
The following local bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:
HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the

FRIDAY, MARCH 5, 1976

2889

State salary of the District Attorney of DeKalb County; to provide definitions.

The Conference Committee Report was as follows:

The Conference Committee on HB 2074 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 2074 be adopted.
Respectfully submitted,

FOR THE SENATE:
la/ Robert H. Bell Senator, 5th District
Is/ Lawrence Stumbaugh Senator, 55th District
Is/ George T. Warren II Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
la/ Bill Noble Representative, 48th District
la/ George Williamson Representative, 45th District
Is/ Hugh Jordan Representative, 58th District

Conference Committee Substitute to HB 2074:

A BILL

To be entitled an Act to provide for the compensation of certain county officers and officials of DeKalb County; to provide definitions; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to prohibit the Solicitor of the State Court of DeKalb County from engaging in the private practice of law; 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. As used in this Act, the term "gross salary" means the annual salary received by a superior court judge from State funds in effect on January 1, 1977; plus the annual amount, in effect on January 1, 1977, paid to the judges of the superior courts of the Stone Mountain Judicial Circuit as county supplements to the State salary; and plus any increases in said annual salary or said county supplement, or both, hereinafter enacted into law.
\
Section 2. Notwithstanding any other provision of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1:
(1) Sheriff .-..-..._.-__.._...........,,......_,,._..__....................._.........._.,,..._ 65%
(2) Judge of the Probate Court ._.,,___.________.......................,,._...,,,, 68%

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(3) Clerk of the Superior Court

......... 65%

(4) Tax Commissioner - -- _........_..__......_..._._........_..._ 65%

(5) Judge of the Juvenile Court _._..._... ............ 90%

Section 3. Notwithstanding any other provision of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1:
(1) Chairman of the Board of Commissioners............................100%
(2) Members of the Board of Commissioners, except the Chairman ,,...._....------.....---------.. 22%
(3) State Court Judge ....................................... 90%
(4) State Court Solicitor -..-..._---,,-.......-..-,,........ 90%
(5) Coroner ................................................ 27%

Section 4. Notwithstanding any other provision of law to the contrary, the governing authority of DeKalb County shall not supple ment the State compensation of the District Attorney of DeKalb County in an amount in excess of the amount that would make the total compensation of the district attorney equal 93.5% of the gross salary as defined in Section 1.

Section 5. Notwithstanding any other provision of law to the contrary, the Solicitor of the State Court of DeKalb County shall not engage in the private practice of law.

Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or un constitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 7. This Act shall become effective on January 1, 1977.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Bell of the 5th moved that the Senate adopt the Conference Committee Report on HB 2074.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Conference Committee Report on HB 2074 was adopted.

FRIDAY, MARCH 5, 1976

2891

The following general bill of the House, read the third time previously today and postponed in order to print the substitute offered by Senator McDowell of the 2nd, was put upon its passage:

HB 1648. By Representatives Jones of the 126th, Taggart of the 125th, Triplett of the 128th and others:
Senate Sponsor: Senator McDowell of the 2nd.
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value" so as to provide for additional requirements relative to the meaning of fair market value.
Senator McDowell of the 2nd offered the following substitute to HB 1648:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), so as to change the method of distributing funds and provide that the governing authority shall grant a tax credit to certain ad valorem taxpayers as a condition precedent to the exercise of the authority to levy the tax authorized by this Act in all counties of this State having a population of not less than 165,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census; to define "homestead"; to provide additional requirements relative to the valua tion of property; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), is hereby amended by adding at the end of Section 26A, the following:
"Notwithstanding any other provisions of this Act to the contrary, in all counties of this State having a population of not less than 165,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, the proceeds of the tax collected by the State Revenue Commissioner under this Section shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general funds of the State Treasury in order to defray the costs of the administration.

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(2) An amount sufficient to reimburse the county for the loss of tax revenue attributable to the tax credit authorized herein shall be deducted and remitted to the county fiscal authority.

(3) Except for the funds provided for in paragraphs (1) and (2) hereof, the county levying such tax shall receive that portion of the proceeds of such tax as the population of the unincorporated areas of such county bears to the total population of such county.

(4) Except for the funds provided for in paragraphs (1) and (2) hereof, each incorporated municipality lying wholly or partially within the county levying such tax shall receive that portion of the proceeds of such tax as such municipality's popula tion, lying wholly within the county levying such tax, bears to the total population of such county.

(5) As used in paragraphs (3) and (4) hereof, population means population as determined by the United States Decennial Census of 1970 or any future such census.

As a condition precedent to the exercise of the authority to levy the tax authorized by this Section, the governing authority in such counties shall grant a tax credit to each homestead equal to a $3,000 increase in the homestead exemption for each such ad valorem property taxpayer who qualifies for a $2,000 homestead exemption. The governing authority in such counties shall grant a tax credit to each homestead equal to a $4,000 increase in the homestead exemption for each ad valorem property taxpayer who qualifies for a $4,000 homestead exemption if his net income from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such taxpayer or his spouse, but not including any federal old-age, survivor or disability benefits, does not exceed $8,000 per annum for the immediately preceding taxable year for income tax purposes. No credit authorized under this Section shall be granted to any taxpayer unless such taxpayer pays his then cur rent tax liability for county ad valorem property taxes on or be fore the date such liability shall become due. For the purposes of this Section, 'homestead' shall mean and include all that tangible property upon which an ad valorem property tax exemption was claimed and allowed."

Section 2. Said Act is further amended by adding a new subsection (q) at the end of Section 26A, to read as follows:

"(q) Notwithstanding the provisions of other laws to the contrary, when the valuation placed on the property of a taxpayer by the county board of tax assessors is appealed to the county board of equalization in the manner provided by law and the valua tion placed on such property by the county board of tax assessors is reduced by the county board of equalization, then the valuation placed on such property by the county board of equalization, or the valuation placed on such property on appeal to the superior court if the determination made by the board of equalization is appealed

FRIDAY, MARCH 5, 1976

2893

to the superior court in the manner provided by law, shall be the fair market value of such property for the tax year in which the determination is made and for future tax years, except to the ex tent that the value of such property changes in future tax years because of economic conditions, and the county board of tax assessors shall use the valuation placed on such property by the county board of equalization, or by appeal to the superior court, as the case may be, as the base valuation to which any future ad justments to valuation caused by economic conditions shall be ap plied."

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional.

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:

Ballard Barnes Bell Bond Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Garrard

Holloway Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie Riley Robinson

Russell Starr Stumbaugh Summers Tate Thompson Timmons Traylor Turner

Those voting in the negative were Senators:

Banks Brown of 47th Doss Foster Hamilton of 26th

Hill Langford McGill Overby Reynolds

Shapard Sutton Tysinger Warren

Those not voting were Senators:

Barker Brantley Broun of 46th Duncan

Gillis Hamilton of 34th Holley Lester

Pearce Stephens Young

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JOURNAL OF THE SENATE,

On the adoption of the substitute, the yeas were 31, nays 14, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Carter Dean of 6th Eldridge Fincher Hudgins Hudson

Kennedy Kidd Lewis McDowell McDuffie Riley Russell Starr

Summers Sutton Tate Thompson Timmons Traylor Turner Warren

Those voting in the negative were Senators:

Banks Brown of 47th Dean of 31st Doss Duncan Foster

Garrard Hamilton of 26th Hill Howard Langford McGill

Overby Reynolds Robinson Shapard Stumbaugh Tysinger

Those not voting were Senators:

Barker Bond Brantley Broun of 46th Coverdell

Gillis Hamilton of 34th Holley Holloway Lester

Pearce Stephens Young

On the passage of the bill, the yeas were 25, nays 18.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1683. By Representatives Crawford of the 5th, Cole and Foster of the 6th and others:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Chapter 23-1, relating to the names and jurisdic tion of counties, so as to require county courthouses and the offices

FRIDAY, MARCH 5, 1976

2895

therein to remain open for the transaction of the public's business during normal working hours; to define normal working hours.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Duncan Fincher Garrard Gillis

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill

Those voting in the negative were Senators:

Dean of 6th Dean of 31st Doss

Eldridge Hamilton of 26th McDowell

Overby Pearce Reynolds Robinson Starr Stumbaugh Summers Tate Timmons Tysinger Warren Young
Sutton Thompson Traylor

Those not voting were Senators:

Brantley Broun of 46th (excused conferee) Foster

Holley Riley (excused conferee) Russell

Shapard Stephens Turner (excused conferee)

On the passage of the bill, the yeas were 38, nays 9.

The bill, having received the requisite constitutional majority, was passed.

HB 1694. By Representative Lane of the 40th:
Senate Sponsor: Senator Bell of the 5th.
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Council Act so as to add certain requirements to the qualifications for peace officers.

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, a roll call was taken, 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 Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Kidd Langf ord Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Starr Stumbaugh Summers Tate Thompson Timmons Traylor Tysinger Warren

Voting in the negative were Senators Eldridge and Button.

Those not voting were Senators:

Brantley Broun of 46th (excused conferee) Fincher Foster Holley

Howard Riley (excused conferee) Robinson Russell Shapard

Stephens Turner (excused conferee) Young

On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 82. By Senators Barker of the 18th, Holloway of the 12th, Button 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.
The House substitute to SR 82 was as follows:

FRIDAY, MARCH 5, 1976

2897

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to enact legislation treating certain 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 leg islation 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 GEOR GIA:

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 legislation treating any and all mobile homes, other than those mobile homes which qualify the owner thereof for the homestead property tax exemption under Georgia law, 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."

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 leg islation treating certain mobile homes as a separate class of property from other classes of tangible prop erty for ad valorem tax purposes, and to adopt dif-
( ) NO ferent rates, methods or assessment 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 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.

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JOURNAL OP THE SENATE,

Senator Barker of the 18th moved that the Senate agree to the House substi tute to SR 82.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster Gillis Hamilton of 26th Hamilton of 34th Hill

Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McDowell McDuffie McGill Overby Pearce Reynolds Riley

Those not voting were Senators:

Banks Barnes Bond Brantley

Broun of 46th Dean of 6th Fincher Garrard

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Holley Lewis Russell

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 82.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1764. By Representatives Patten and Carter of the 146th and Matthews of the 145th: Senate Sponsor: Senator McGill of the 24th. A bill to amend an Act creating the Georgia Agrirama Development Authority so as to change the membership of the Georgia Agrirama Development Authority; 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, a roll call was taken, and the vote was as follows:

FRIDAY, MARCH 5, 1976

2899

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Gillis Hamilton of 26th Hamilton of 34th Hill

Holloway Howard Hudgins Kennedy Kidd Langford Lester 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 (excused conferee) Barnes (excused conferee) Bond Brantley

Broun of 46th Coverdell Fincher Garrard Holley

Hudson Lewis (excused conferee) Robinson Russell

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 purpose of considering a House amendment thereto:

SB 408. By Senator Pearce of the 16th:
A bill to amend "The Retail Installment and Home Solicitation Sales Act", as amended, so as to change certain definitions; to provide that a security interest shall not be taken with respect to certain goods; to provide for the application of payments and the priority of release of goods from any security interest.
The House amendment was as follows:
Amend SB 408 by striking the words "physical culture or health care" on lines 12 and 13, Page two.

Senator Pearce of the 16th moved that the Senate agree to the House amend ment to SB 408.

On the motion, the President ordered a roll call, and the vote was as follows:

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JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Gillis Hamilton of 26th Hamilton of 34th Hill

Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McDowell McDuffie McGill Overby Pearce Reynolds Riley

Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks (excused conferee) Barnes (excused conferee) Bell

Bond Brantley Broun of 46th Fincher Garrard

Holley Lewis (excused conferee) Robinson Stumbaugh

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 408.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1813. By Representatives Murphy of the 18th, Kilgore of the 65th and Dover of the llth:
Senate Sponsor: Senator Duncan of the 30th.
A bill to provide that the payment of certain ad valorem property taxes shall be a condition precedent to superior court jurisdiction in property tax litigation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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

FRIDAY, MARCH 5, 1976

2901

Doss Duncan Eldridge Foster 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 Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Fincher Garrard

Hamilton of 34th Holley Stephens

Stumbaugh Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1830. By Representatives Lambert of the 112th and Carlisle of the 71st: Senate Sponsor: Senator Sutton of the 9th. A bill to amend the Oil and Gas and Deep Drilling Act of 1975 so as to provide for certain terms; to provide for authority and powers 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard
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 Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren
Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Bell Bond Broun of 46th

Coverdell Fincher Gillis

Holley Stephens Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

Senator Gillis of the 20th moved that the Senate insist upon its amendments to HB 1500.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon its amendment to HB 1500.

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:
SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans

FRIDAY, MARCH 5, 1976

2903

of $100,000 or more, so as to authorize borrowers to act freely and with out legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

The House substitute to SB 463 was as follows:

A BILL

To be entitled an Act to amend Code Section 57-119, relating to in terest rates on loans of $100,000.00 or more, so as to authorize borrowers to act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $15,000.00 or more whether originally or by renewal or extension; to establish def initions of "discount points" and "origination fee"; to provide that no discount points shall be charged to anyone whomsoever under any loan of $50,000.00 or more, except those loans which are either guaran teed by the Veterans Administration, insured by the Federal Housing Administration or which are eligible for purchase by the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association or the Government National Mortgage Association; to provide that an origination fee may be charged under any loan of $50,000.00 or more; to provide that this Act shall not be construed to amend or repeal Code Section 57-118, relating to the interest rate which may be paid by cer tain corporations, as now or hereafter amended; to provide that this Act shall not be construed to amend or repeal either the Motor Vehicle Sales Finance Act, approved April 18, 1967 (Ga. Laws 1967, p. 674), as now or hereafter amended, or the Retail Installment and Home Solicita tion Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as now or hereafter amended; to provide for severability; to provide an effective date; to provide an expiration date of June 30, 1978; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 57-119, relating to interest rates on loans of $100,000.00 or more, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 57-119, to read as follows:

"57-119. Notwithstanding any contrary provision of law, any person (and for the purpose of this Code Section, the term 'person' shall include but not be limited to individuals, a group of individuals, corporations, trust, partnerships, limited partnerships, joint ven tures, joint enterprises, joint arrangements, labor organizations, as sociations, or other entities of any nature whatsoever) may in writing agree to pay, and may pay, such rate of interest as such person may determine, contract for, or agree to, on any loan, any advance of money, any forbearance to enforce a claim for the col lection of money, any purchase price, any installment obligation or any obligation under which the principal balance to be repaid is $50,000.00 or more, or on any series of advances of money pur suant to a loan agreement or undertaking if the total principal

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JOURNAL OP THE SENATE,

balance to be repaid thereunder shall originally be $50,000.00 or more, or on any extension or renewal thereof, and as to any such transaction the claim or defense of usury by such person or its successor or anyone in its behalf is prohibited. There shall be no restrictions on the amount of interest which may be paid under
the laws of the State of Georgia on any loan of $50,000.00 or more; provided, however, that the borrower shall not be charged discount points in connection with any loan of $50,000.00 or more, unless the repayment thereof is either guaranteed by the Veterans Adminis tration pursuant to the provisions of Public Law 85-857 (72 Stat. 1203) or insured by the Federal Housing Administration pursuant to the provisions of Sub-Chapter II of Chapter 13 of Title 12 of the United States Code Annotated, or the loan is eligible for purchase by either the Federal Home Loan Mortgage Corporation pursuant to the provisions of Public Law 91-351, Title III, Section 305 (84 Stat. 454), as amended by Public Law 93-383, Title VIII, Sections 805 (a) and (b) (88 Stat. 726), as further amended by Public Law 93-495, Title I, Section 113 (88 Stat. 1506) or either the Govern ment National Mortgage Association or the Federal National Mortgage Association pursuant to the provisions of Sub-Chapter III of Chapter 13 of Title 12 of the United States Code Annotated, in any of which loans either the borrower or any other person may be charged discount points. Notwithstanding any other provisions of this Act to the contrary, the borrower may be charged an origina
tion fee.

In this Section unless the context otherwise requires:

(a) 'Discount points' shall mean that discount, expressed as a percentage of the originally stated principal face amount of any loan which is subject to the provisions of this Code Section, at which loans of a nature substantially identical to any individual loan subject to the provisions of this Code Section are sold, at or about the time of closing thereof, in the market place to public or private investors. For the purpose of this Code Section, one 'discount point' shall mean one percent (1%) of the originally stated principal face amount of the loan.

(b) 'Origination fee' shall mean any fee charged by the lender and collected at the closing of any loan which is subject to the provisions of this Code Section and which fee is neither (1) a dis count point or points as defined in (a), (2) a fee charged by the lender for its commitment to make any such loan nor (3) a part of the stated interest rate contained in the promissory note or other evidence of such indebtedness. Notwithstanding any other provisions of law to the contrary, no origination fee in excess of 1% of the principal amount of the loan may be charged by any lending insti
tution."

Section 2. This Act shall not be construed to amend or repeal any of the following laws:

(a) Code Section 57-118, relating to the interest rate which may be paid by certain corporations, as now or hereafter amended.

FRIDAY, MARCH 5, 1976

2905

(b) The Motor Vehicle Sales Finance Act, approved April 18, 1967 (Ga. Laws 1967, p. 674), as now or hereafter amended.

(c) The Retail Installment and Home Solicitation Sales Act, ap proved April 18, 1967 (Ga. Laws 1967, p. 659), as now or hereafter amended.

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby 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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, and shall expire at 12:00 o'clock midnight on June 30, 1978, at which time Code Section 57-119 shall read as it did on January 1, 1976. It is hereby de clared to be the intention of the General Assembly that Code Section 57-119 as it existed on January 1, 1976, shall automatically be revived at 12:01 a.m. on July 1, 1978, without any further action by the General Assembly.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Duncan of the 30th moved that the Senate disagree to the House substitute to SB 463.

On the motion, the yeas were 34, nays 3; the motion prevailed, and the Senate disagreed to the House substitute to SB 463.

The following local bill of the Senate was taken up for the purpose of con sidering the House amendment thereto:
SB 646. 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, Georgia, approved April 10, 1971 (Ga. Laws 1971, p. 3620), as amended, so as to change the corporate limits of said city.
The House amendment to SB 646 was as follows:
Amend SB 646 by striking subsections (e) and (f) of Section 1 (lines 2 through 34 on Page 6 and lines 1 through 7 on Page 7) in their entirety.

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Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 646.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 646.

The following general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:

HB 1846. By Representatives Jessup of the 117th, Larsen of the 119th and Coleman of the 118th:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, men tally retarded or mentally incompetent to the extent that they are incapable of managing their estates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Kennedy Langford Lester Lewis McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Holley Hudgins Hudson

Kidd McDowell

McDuffie Starr

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2907

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

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 interroga tion of a law enforcement officer shall be made by a law enforcement agency.
The House substitute to SB 389 was as follows:
A BILL
To be entitled an Act to specify certain basic rights for law enforcement officers; to provide definitions; to provide for the right of law enforcement officers to engage in political activity; to pro vide the conditions under which certain investigations or interrogations of a law enforcement officer shall be made by a law enforcement agency; to provide that law enforcement officers shall not be prohibited from bringing certain suits; to authorize law enforcement officers to comment on adverse materials to be placed in their files; to prohibit the requiring or requesting of law enforcement officers to disclose certain information; to provide for a hearing before an investigating committee before certain actions are taken against a law enforcement officer; to provide for the conduct of such hearings; to provide for appeals from decisions rendered by investigating committees; to prohibit certain actions against law enforcement officers; to provide for the enforcement of the rights provided under this Act by the superior courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Definitions. As used in this Act, the following terms shall have the following meanings:
"Law enforcement officer" means any person who, in his official capacity, is authorized by law to make arrests and who is a member of one of the following law enforcement agencies: the Police Department, bureau or force of any incorporated city or town or the Police Department, bureau or force of any county when the governing au thority of any incorporated city or town or the governing authority of any county elects by ordinance or resolution to come under the provisions of this Act; the Georgia State Patrol; the Atlanta Bureau

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of Police Services; the Cobb County Police Department; the Savannah Police Department; the Chatham County Police Department. Such term does not include an officer serving in a probationary status except when allegations of brutality in the execution of his duties are made involving an officer who is in a probationary status. The pro visions of this Act do not apply to persons serving at the pleasure of the Police Commissioner of the City of Atlanta.

The provisions of this Act do not apply to the sheriffs of the State of Georgia or to persons serving at their pleasure.

"Hearing Board" means a Board which is authorized by the chief to hold a hearing on a complaint against a law enforcement officer and which consists of not less than three (3) members, all to be appointed by the chief and selected from law enforcement officers within that agency, or law enforcement officers of another agency with the ap proval of the chief of the other agency, and who have had no part in the investigation or interrogation of the law enforcement officer. At least one member of the Hearing Board shall be of the same rank as the law enforcement officer against whom the complaint has been
filed.

"Hearing" means any meeting in the course of an investigatory proceeding, other than an interrogation, at which no testimony is taken under oath, conducted by a Hearing Board for the purpose of taking or adducing testimony or receiving other evidence.
"Summary punishment" is punishment imposed by the highest ranking officer of a unit or member acting in that capacity, which may be imposed when the facts constituting the offense are not in dispute. Summary punishment may not exceed three days' suspension without pay or a fine of $150.
"Chief" means the superintendent, commissioner, chief of police, or sheriff of a law enforcement agency, or the officer designated by the official.
Section 2. Right to engage in political activity. A law enforcement officer has the same right to engage in political activity as is afforded to any State employee. This right to engage in political activity shall not apply to any law enforcement officer when he is on duty or when he is acting in his official capacity.
Section 3. Procedure to be followed at interrogation or investiga tion. Whenever a law enforcement officer is under investigation or subjected to interrogation for a purpose other than enforcement of the criminal laws of this State by a law enforcement agency, for any reason which could lead to suspension from active duty without pay in excess of 5 days, demotion or dismissal, the investigation or inter rogation shall be conducted under the following conditions:
(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer is on duty, unless the seriousness of the investigation is of such a degree that an immediate interrogation is required.

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2909

(b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct or police unit in which the incident allegedly occurred, as designated by the investigating officer, unless otherwise waived by the law enforcement officer.

(c) The law enforcement officer under investigation shall be in formed of the name, rank and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by and through one interrogator.

(d) No complaint against a law enforcement officer, alleging brutality in the execution of his duties, shall be investigated unless the complaint shall be duly sworn to before an official authorized to administer oaths.

(e) The law enforcement officer under investigation shall be in formed in writing of the nature of the investigation prior to any interrogation, and of the names of all witnesses.

(f) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.

(g) The law enforcement officer under interrogation shall not be threatened with transfer, dismissal, or disciplinary action.

(h) A complete record, either written, taped or transcribed, shall be kept of the complete interrogation of a law enforcement officer, including all recess periods. A copy of the record shall be available to the officer or his counsel upon request.

(i) At the request of any law enforcement officer under interroga tion, he shall have the right to be represented by counsel or any other responsible representative of his choice who shall be present at all times during the interrogation, unless such right is waived by the law enforcement officer. The interrogation shall be suspended for a reason able time until representation can be obtained.
(j) No law shall abridge nor shall any law enforcement agency adopt any regulation which prohibits the right of a law enforcement officer to bring suit arising out of his duties as a law enforcement officer.
(k) No law enforcement agency shall insert any adverse material into any file of the officer, except the file of the internal investiga tion or the intelligence division, unless the officer has an opportunity to review, sign, receive a copy of and comment in writing upon the adverse material, unless the officer waives these rights.

Any law enforcement officer who shall be under investigation or interrogation and who is subject to the provisions of this Section may waive any and all rights and provisions of this Section.

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Section 4. Disclosure by officer of property, income. No law en forcement officer shall be required or requested to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his family or household) unless such information is necessary in investigating a possible conflict of interest with respect to the performance of his official duties, or unless such disclosure is otherwise required by law.

Section 5. Hearing before demotion, dismissal, transfer, (a) If the investigation or interrogation of a law enforcement officer results in the recommendation of demotion, dismissal, transfer, loss of pay or reassignment, then, before taking such action, the law enforcement agency shall give notice to the law enforcement officer that he is entitled to a hearing on the issues by a Hearing Board. The notice shall state the time and place of the hearing and the issues involved. An official record, including testimony and exhibits, shall be kept of the hearing.

(b) The hearing shall be conducted by the Hearing Board of the law enforcement agency by which the law enforcement officer is em ployed. Both the law enforcement agency and the law enforcement officer shall be given ample opportunity to present evidence and argument with respect to the issues involved. Both such parties may be represented by counsel.

(c) Evidence which possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs shall be admissible and shall be given probative effect. The Hearing Board conducting the hearing shall give effect to the rules of privilege recog nized by law, and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All records and documents which any party desires to use shall be offered and made a part of the record. Docu mentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

(d) Every party shall have the right to cross-examine adverse wit nesses who testify, and may submit rebuttal evidence.

(e) The Hearing Board conducting the hearing may take notice of judicially cognizable facts and, in addition, may take notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified beforehand of the material so noticed.

(f) With respect to the subject of any investigation or hearing conducted pursuant to this Act, the chief may administer oaths or affirmation and examine any individual under oath.

(g) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in the superior court. Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the law
enforcement agency.

FRIDAY, MARCH 5, 1976

2911

Section 6. Decision or order; findings of fact; recommendations for action. Any decision, order or action taken as a result of the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the decision or order and accompanying findings and
conclusions, along with written recommendations for action, shall be delivered or mailed promptly to the law enforcement officer or to his attorney or representative of record.

Section 7. Appeals. Appeal from decisions rendered in accordance with Sections 5 and 6 shall be taken pursuant to Georgia State laws.

Section 8. Retaliation for exercising rights. No law enforcement officer shall be discharged, disciplined, demoted or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to his employment or be threatened with any such treatment, by reason of his exercise of or demand for the rights granted in this Act, or by reason of the lawful exercise of his constitutional rights.

Section 9. Application to superior court for show cause order. Any law enforcement officer who is denied any right afforded by this Act may apply, either individually or through his certified or recognized employee organization, to the superior court of the county where he resides or is regularly employed for any order directing the law enforcement agency to show cause why the right should not be afforded.
Section 10. Crimes and punishments, (a) The provisions of this Act are not intended to prohibit summary punishment or emergency sus pension by higher ranking law enforcement officers as may be designated by the head of a law enforcement agency.

(b) Summary punishment may be imposed for minor violations of departmental rules and regulations when:

(1) The facts which constitute the minor violation are not in dispute;
(2) The officer waives the hearing provided by this Act; and
(3) The officer accepts the punishment imposed by the highest ranking officer or the unit to which the officer is attached.

(c) Emergency suspension may be imposed by the chief when it appears that the action is in the best interest of the public and the law enforcement agency. Any person so suspended shall be entitled to a
prompt hearing.

Section 11. The provisions of this Act are not intended to restrict, limit or affect in any way criminal investigations conducted with a view toward enforcement of the criminal laws of the State of Georgia, and each and all of the provisions hereof shall be construed accordingly.

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Section 12. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Garrard of the 37th moved that the Senate disagree to the House substitute to SB 389.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 389.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1934. By Representatives Irvin of the 10th, Lambert of the 112th, Carlisle of the 71st and others: Senate Sponsor: Senator Duncan of the 30th. A bill to amend Georgia Code Chapter 84-11, relating to the regulation of the practice of optometry, so as to provide that upon request of the State Board of Examiners in Optometry, the Joint-Secretary, State Examining Boards, may appoint a hearing officer for the purpose of determining a contested case pending before the Board; to provide an effective date.
Senator Dean of the 6th offered the following amendment:
Amend HB 1934 by adding to Section 1, the following to be des ignated as sub-section (G) :
"(C) Nothing contained in this Act shall be construed to per mit any agency representative to enforce any rule or regulation which was adopted by any board composed of any member having a bias, prejudice, or pecuniary interest in or with respect to the subject matter rule or regulation or its enforcement."
On the adoption of the amendment, Senator Dean of the 6th called for the yeas and nays; the call was sustained, and the vote was as follows:

FRIDAY, MARCH 5, 1976

2913

Those voting in the affirmative were Senators:

Ballard Barnes Bell Brantley Carter Dean of 6th Eldridge

Hudgins Kennedy Kidd Lewis Pearce Robinson
Russell

Stephens Sutton Tate Thompson Traylor Warren Young

Those voting in the negative were Senators:

Banks Barker Bond Broun of 46th
Brown of 47th
Coverdell Dean of 31st Doss Duncan Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Langford Lester

Overby Reynolds Riley Shapard Stumbaugh Summers Timmons
Turner
Tysing-er

Those not voting were Senators:

Fincher Garrard Holley

McDowell McDuffie

McGill Starr

On the motion, the yeas were 21, nays 28, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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
Duncan
Eldridge
Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd
Langford
Lester
Lewis
Overby
Pearce

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons
Traylor
Turner
Tysinger
Young

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Those voting in the negative were Senators:

Ballard Dean of 6th

Russell

Warren

Those not voting were Senators:

Holley McDowell

McDuffie McGill

Starr

On the passage of the bill, the yeas were 47, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HB 1958. By Representative Larsen of the 119th:
Senate Sponsor: Senator Shapard of the 28th.
A bill to amend an Act creating the Office of the Consumers' Utility Council to transfer the Consumers' Utility Counsel from the Public Service Commission to the Office of the Governor; to change the ap pointing authority from the Attorney General to the Governor; to provide that the Governor shall fix the compensation of the Counsel and his staff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Hamilton of 34th Hill Holloway Howard Hudgins Hudson
Kennedy
Kidd Langford Lester
Lewis McGill
Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers
Sutton
Tate Thompson Timmons
Turner Tysinger
Warren Young

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2915

Those not voting were Senators:

Bond Dean of 31st Holley

McDowell McDuffie

Starr Traylor

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the House was taken up for the purpose of considering a Conference Committee Report thereto:

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 change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.

The Conference Committee Report was as follows:

Mr. President:

Mr. Speaker:

Your Conference Committee on HR 69 has met and submits the following recommendations:

That the Senate recede from its position and that the House version of HR 69 be adopted.
Respectfully submitted,

FOR THE SENATE :
/s/ Nathan D. Dean Senator, 31st District
/s/ Virginia Shapard Senator, 28th District
/s/ Hugh M. Gillis, Sr. Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES
/s/ William J. Lee Representative, 72nd District
/s/ Thomas B. Buck III Representative, 95th District
/s/ Larry Walker Representative, 115th District

Senator Shapard of the 28th moved that the Senate adopt the Conference Committee Report on HR 69.

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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 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 Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Bond Holley

McDowell McDuffie

Starr Tysinger

On the motion, the yeas were 50, nays 0, and the Conference Committee Report on HR 69 was adopted.

The following local bill of the House was taken up for the purpose of con sidering the Conference Committee Report thereto:

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 adminis trative fee; to provide an effective date.
The Conference Committee Report was as follows:
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 1149 has met and submits the following report and recommendation:

FRIDAY, MARCH 5, 1976

2917

That the Senate recede from its position and that HB 1149 as passed by the House be adopted.

FOR THE SENATE:
/s/ Henry P. Russell Senator, 10th District
/s/ J. H. Timmons Senator, llth District
/s/ Martin Young Senator, 13th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ James W. Keyton Representative, 143rd District
/s/ Bobby Long Representative, 142nd District
/s/ Robert L. Patten Representative, 149th District

Senator Russell of the 10th moved that the Senate adopt the Conference Committee Report on HB 1149.

On the motion, the yeas were 31, nays 1; the motion prevailed, and the Con ference Committee Report on HB 1149 was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1986. By Representatives Snow of the 1st, Egan of the 25th, Karrh of the 106th and Hatcher of the 131st:
Senate Sponsor: Senator Pearce of the 16th.
A bill to amend an Act known as the "Disposition of Unclaimed Prop erty Act" so as to add a provision concerning dividends or other dis tributions or payments to which a shareholder is entitled from a corpo ration organized under the Georgia Business Corporation Code.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Hill Holloway Howard Hudgins Hudson Kennedy

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Kidd Langford Lewis 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:

Bond Holley

Lester McDowell

Tysinger

On the passage of the bill, the yeas were 51, 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 removed from the table:

SR 323. By Senator Coverdell of the 40th: A resolution to amend the Rules of the Senate (Rule 192).

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 Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Duncan Eldridge

Foster Garrard Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd
Langford Lester Lewis Overby

Those voting in the negative were Senators:

Doss Fincher Gillis Hamilton of 26th

McDuffie McGill Russell

Those not voting were Senators:

Bond Carter Hill

Holley McDowell Starr

Pearce Reynolds Riley Robinson Shapard Stephens Stumbaugh Sutton Tate Thompson Turner Warren
Summers Timmons Young
Traylor Tysinger

FRIDAY, MARCH 5, 1976

2919

On the motion, the yeas were 38, nays 10, and SR 323 was removed from the table and put upon its adoption.

Senator Kidd of the 25th and Coverdell of the 40th offered the following substitute to SR 323:
A RESOLUTION
To amend the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that Senate Rule 192 is hereby amended by striking the second paragraph in its entirety and inserting in lieu thereof the following:
"Each standing committee at its first organizational meeting for the term shall set a quorum; however, the quorum shall not be set at less than one-half of the membership of the committee.
"The chairman or the member acting as chairman shall see that proceedings of all meetings are reduced to writing. This record shall show the time and place of each meeting of the com mittee, the attendance of the committee members, and an accurate record of all votes taken. This record shall also include such addi tional information as the committee shall determine. Committee minutes shall be subject to correction only if authorized by a ma jority vote of the committee. The committee minutes shall include the number of all bills acted upon, all motions and results.
"All committee reports shall be prepared under the direction of the chairman and no committee report shall be offered unless signed by the chairman of the committee or the person acting as chairman when the bill was voted upon.
"Testimony before the committee may be recorded at the dis cretion of the committee; however, any court reporter or additional paid personnel to take testimony must be approved by the President of the Senate. Transcription of any recorded testimony shall be made or released only upon the written direction of the committee.
"If a committee is unable to agree on a recommendation for action on any bill or resolution, as in case of a tie vote, the bill shall remain in the committee.
i "When a bill or resolution is before the committee for con
sideration, the following shall be the precedence of motions: 1. A motion that a bill do pass; 2. a motion that a bill do not pass; 3. a motion to hold a bill for further study; 4. a motion to refer a bill to a subcommittee.
"A do pass motion that fails does not automatically give a do not pass recommendation, nor does a do not pass motion which fails give an affirmative recommendation.

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"Any member or members of a committee may file a minority report in writing as provided in Senate Rule 122.

"The committee shall not vote on any bill until the author or his designee has been given the opportunity to appear and be heard. Each committee may provide in writing the details for carrying out the provisions of this rule.

"Each committee meeting shall be posted in the office of the Secretary of the Senate no less than twelve (12) hours prior to the meeting and such posting shall note the meeting time, place, and agenda; except, these provisions shall not apply during the last twenty (20) days of a regular session.

"These rules shall be applicable when the Senate rules do not apply and, when neither apply, the committee shall be governed by acceptable parliamentary procedure; provided, however, these rules shall not apply during the interim."

Senator Duncan of the 30th offered the following amendment:

Amend the substitute offered by Senators Kidd of the 25th and Coverdell of the 40th to SR 323 by deleting from line 26 on Page 2 through line 31; then renumber the lines.

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Duncan Pincher Gillis Hamilton of 34th

Hill Kennedy Lester Lewis McDowell McDuffie

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Bond Brantley
Broun of 46th
Carter Coverdell Dean of 6th
Dean of 31st Doss

Eldridge Foster Garrard Hamilton of 26th Howard
Hudgins
Hudson
Kidd
Langford
Pearce
Reynolds
Robinson

McGill Overby Riley Starr Stephens Summers
Russell Shapard Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, MARCH 5, 1976

2921

Those not voting were Senators Holley and Holloway.

On the adoption of the amendment, the yeas were 18, nays 36, and the amend ment was lost.

On the adoption of the substitute, the yeas were 44, nays 2, and the substitute offered by Senators Kidd of the 25th and Coverdell of the 40th 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, a roll call was taken, 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 6th Dean of 31st Eldridge Foster

Garrard Hamilton of 26th Holloway Howard Hudgins Hudson Kidd Lewis McDowell Pearce Reynolds

Riley Robinson Shapard Starr Stumbaugh Sutton Tate Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Ballard Brown of 47th Carter Doss Duncan Fincher Gillis

Hamilton of 34th Hill Kennedy Langford Lester McDuffie McGill

Overby Russell Stephens Summers Timmons Turner Young

Not voting was Senator Holley.

On the adoption of the resolution, the yeas were 34, nays 21.

The resolution, having failed to receive the requisite two-thirds majority, was lost.

Senator Coverdell of the 40th moved that the Senate reconsider its action in defeating SR 323.

2922

' JOURNAL OF THE SENATE,

On the motion, 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 Coverdell Dean of 6th Dean of 31st Eldridge

Foster Garrard Hamilton of 26th Holloway Howard Hudson Kidd Pearce Reynolds Robinson

Shapard Stumbaugh Sutton Tate Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Ballard Broun of 46th
Brown of 47th
Carter Doss
Duncan Fincher Gillis Hamilton of 34th

Kennedy
Langford Lester Lewis McDowell
McDuffie McGill Overby Riley

Russell Starr Stephens Summers Timmons Turner Young

Those not voting were Senators:

Hill

Holley

Hudgins

On the motion, the yeas were 28, nays 25; the motion prevailed, and SR 323 was reconsidered.

The following resolution of the Senate, favorably reported by the committee, read the third time, defeated and reconsidered today, was put upon its adoption:

SR 323. By Senator Coverdell of the 40th: A resolution to amend the Rules of the Senate (Rule 192).
Senator Coverdell of the 40th moved the previous question on SR 323.

Senator Overby of the 49th moved to table SR 323.

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:

FRIDAY, MARCH 5, 1976

2923

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Carter Doss Duncan Fincher Gillis Hamilton of 34th

Hill Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Riley Russell
Starr Stephens Summers Timmons Turner Young

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Brantley Coverdell Dean of 6th Dean of 31st Eldridge

Foster Garrard Hamilton of 26th Holloway Howard Hudgins Hudson Pearce Reynolds

Robinson Shapard Stumbaugh Sutton Tate Thompson Traylor Tysinger Warren

Not voting was Senator Holley.

On the motion, the yeas were 27, nays 28, and the motion to table SR 323 was lost.

The previous question was ordered.

On the adoption of the resolution, to which the substitute offered by Senators Kidd of the 25th and Coverdell of the 40th was previously adopted, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Coverdell Dean of 6th Dean of 31st Eldridge

Foster Garrard Hamilton of 26th Holloway Howard Hudgins Hudson Kidd Lewis Pearce

Reynolds Robinson Shapard Stumbaugh Sutton Tate Thompson Traylor Tysinger Warren

2924

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Broun of 46th Brown of 47th Carter Doss Duncan Fincher Gillis Hamilton of 34th

Hill Kennedy Langford Lester McDowell McDuffie McGill Overby Riley

Russell Starr Stephens Summers Timmons Turner Young

Not voting was Senator Holley.

On the adoption of the resolution, the yeas were 30, nays 25.

The resolution, having failed to receive the requisite two-thirds majority, was lost.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1990. By Representative Knight of the 67th:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Chapter 92-24 of the Code of Georgia of 1933, as amended, relating to corporations, including domestic, domesticated foreign and foreign, and the license and occupation tax such organiza tions are required to pay, so as to provide for the returns of domestic, domesticated foreign and foreign corporations.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Holloway Howard Hudson

Kennedy Kidd Langford Lewis McDuffie McGill Overby Reynolds Riley Robinson Shapard Starr

FRIDAY, MARCH 5, 1976

2925

Stephens Stumbaugh Summers Sutton

Tate Thompson Traylor Turner

Tysinger Warren
Young

Those not voting were Senators:

Fincher Hill Holley (excused conferee)

Hudgins (excused conferee) Llester (excused conferee)

McDowell 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.

HB 2015. By Representatives Pinkston of the 100th and Triplett of the 128th:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend an Act providing for the incorporation by reference of various fiduciary powers into wills, trusts and other instruments in writing so as to repeal Section 3 of the Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill
Holloway Howard Hudson
Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Voting in the negative was Senator Barnes.

Reynolds Riley Robinson Starr Stephens
Stumbaugh Summers Sutton
Tate Thompson Timmons Traylor Turner Tysinger Warren Young

2926

JOURNAL OF THK SENATE,

Those not voting were Senators:

Holley Hudgins

Kidd Russell

Shapard

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 2034. By Representative Sams of the 90th:
Senate Sponsor: Senator Lewis of the 21st.
A bill to amend an Act authorizing counties to establish and maintain law librarys so as to change the provisions relating to the SecretaryTreasurer of the Board of Trustees; to change the provisions relating to financing the cost of establishing and maintaining law libraries.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st
Doss
Duncan
Eldridge
Poster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Kennedy Langford Lester Lewis McDowell
McDuffie
McGill
Overby
Pearce
Riley
Robinson

Russell Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Ballard Banks Bond Coverdell Pincher

Holley Howard Hudgins Hudson Kidd

Reynolds Shapard Thompson

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 5, 1976

2927

HB 1802. By Representatives Snow of the 1st, Irvin of the 23rd, Culpepper of the 98th and others:
Senate Sponsor: Senator Pearce of the 16th.
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the procedures for filing articles of correction, from the superior court to the Secretary of State; to provide for certificates and certified copies of documents to be received in evidence.

Senators Pearce of the 16th and Gillis of the 20th offered the following amendment:

Amend HB 1802 by adding a new Section 39 to read as follows:
"Section 39. All notices which are required to be published four times under this Act shall be published one time per week for four consecutive weeks."; and by renumbering the remaining Sections accordingly.
On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.
Senators Pearce of the 16th and Gillis of the 20th offered the following amendment to HB 1802:
Amend HB 1802 by striking the word "one" on line 29, Page 10 and substituting in lieu thereof the word "four"; and by striking the word "one" on line 1, Page 11 and substituting in lieu thereof the word "four"; and by striking the word "one" on line 20, Page 15 and substi tuting in lieu thereof the word "four"; and by striking the word "one" on line 25; Page 15 and substituting in lieu thereof the word "four"; and by striking the word "one" on line 24, Page 27 and substituting in lieu thereof the word "four"; and by striking the word "one" on line 31, Page 27 and by substituting the word "four"; and by striking the word "one" on line 8, Page 34 and substituting in lieu thereof the word "four"; and by striking the word "one" on line 11, Page 40 and substituting in lieu there of the word "four"; and by striking the word "one" on line 3, Page 42 and substituting the word "four"; and by striking the word "one" on line 11, Page 47 and substituting in lieu thereof the word "four"; and by striking the word "one" on line 20, Page 48 and substituting in lieu thereof the word "four"; and by striking the word "one" on line 2, Page 54 and substituting the word "four".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

Before the roll call was taken, Senator Traylor of the 3rd asked unanimous consent that he be allowed to abstain from voting due to the fact that he had a financial interest in a newspaper. The consent was granted.

2928

JOURNAL OP THE SENATE,

On the passage of the bill, a roll call was taken, and 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 Gillis

Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Bond Duncan Fincher (excused conferee)

Garrard (excused conferee) Holley Holloway Hudson

Riley Shapard (excused conferee) Traylor (abstained)

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 moved that the Senate reconsider its action in defeating the following bill of the House today:

HB 1648. By Representatives Jones of the 126th, Taggart of the 125th, Triplett of the 128th and others:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value" so as to provide for additional requirements relative to the meaning of fair market value.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Brantley Dean of 6th
Holloway Hudson

Kidd Lester Lewis
McDowell Riley

Russell Stephens Stumbaugh
Tate

FRIDAY, MARCH 5, 1976

2929

Those voting in the negative were Senators:

Ballard Barker Barnes Bell Bond Broun of 46th Carter Coverdell Dean of 31st Doss Eldridge

Foster Garrard Hamilton of 26th Hill Howard Kennedy Langford McGill Overby Reynolds

Robinson Shapard Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Brown of 47th Dunean (excused conferee) Fincher Gillis

Hamilton of 34th Holley Hudgins McDuffie (excused conferee)

Pearce Starr (excused conferee) Young

On the motion, the yeas were 14, nays 31, and HB 1648 was not reconsidered.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1590. By Representatives Childs of the 51st, Davis, Tolbert and Floyd of the 56th and others:
Senate Sponsor: Senator Warren of the 43rd.
A bill to abolish the office of notary public ex officio justice of the peace in DeKalb County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Hamilton of 26th Hamilton of 34th Hill Holloway Howard

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

2930

JOURNAL OP THE SENATE,

Reynolds Robinson Russell Summers Sutton

Tate Thompson Timmons Traylor Turner

Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Ballard Duncan Garrard Gillis

Holley Hudgins Pearce Riley

Shapard Starr Stephens Stumbaugh

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1591. By Representatives Davis, Tolbert and Floyd of the 56th and others:
Senate Sponsor: Senator Warren of the 43rd.
A bill to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying fee for such office; to provide for current justices of the peace; to provide for the intent and application of this Act.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1591:
A BILL
To be entitled an Act to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying fee for such office; to provide for current justices of the peace; to provide for the intent and application of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Pursuant to the authority granted the General As sembly by an amendment to Article VI, Section VII of the Constitution (Ga. Laws 1974, p. 1720, ratified November 5, 1974) and in order to provide for a more effective administration of justice by the justices of the peace in DeKalb County, such justices of the peace shall have the qualifications hereinafter provided.
Section 2. (a) After the effective date of this Act, a justice of the peace in DeKalb County shall:

FRIDAY, MARCH 5, 1976

2931

(1) be not less than 25 years of age and not more than 65 years of age;

(2) be a resident of his district for at least three months preceding his election;

(3) be a registered voter;

(4) be a high school graduate or the holder of a certificate of equivalency;

(5) be of good moral character, and not have been convicted of a felony or any other crime, an essential element of which is misstatement, fraud or dishonesty;

(6) be certified as having completed within the immediately preceding two years a course of instruction in the administration of the office of justice of the peace, provided such a course is of fered at an educational institution within the University System of Georgia.

(b) This Act shall become effective upon its approval by the Gov ernor or upon its becoming law without his approval. Effective for all elections occurring after this Act becomes effective, a candidate for the office of justice of the peace in DeKalb County shall pay a qualifying fee of $250.00.

Section 3. Justices of the peace in office in DeKalb County on the effective date of this Act shall serve out the remainder of their respective terms and shall not be subject to the provisions of this Act for the remainder of such terms. Thereafter, successors to the present justices of the peace in DeKalb County, including any justice of the peace who becomes a candidate for reelection, shall be subject to the provisions of this Act.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 32, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, 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

2932

JOURNAL OF THE SENATE,

Coverdell Dean of 31st Doss Eldridge Fincher Foster Hamilton of 34th Hill Holloway Howard

Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Reynolds

Russell Stephens Summers Sutton Thompson Timmons Traylor Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Bond Duncan (excused conferee) Garrard Gillis Hamilton of 26th Holley

Hudgins McDuffie (excused conferee) Pearce Riley Robinson

Shapard Starr (excused conferee) Stumbaugh Tate Turner

On the passage of the bill, the yeas were 39, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 590. By Representatives Davis of the 56th, Childs of the 51st, Jordan of the 58th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Superior Court of DeKalb County appointing a successor to serve out the unexpired term; 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 III of the Consti tution is hereby amended by adding at the end thereof the following paragraph:
"Provided, however, that in DeKalb County upon a vacancy

FRIDAY, MARCH 5, 1976

2933

occurring in the office of justice of the peace, the Senior Judge of the Superior Court of DeKalb County shall appoint a successor to serve out the unexpired term of office."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge
( ) NO of the Superior Court of DeKalb County appointing a successor to serve out the unexpired term?"

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 Senate Committee on County and Urban Affairs offered the following amendment:
Amend HR 590 by striking on Page 1, line 4, "Superior Court of DeKalb County", and substituting in lieu thereof the following:
"Stone Mountain Judicial Circuit";
and
By striking on Page 1, line 14, "Superior Court of DeKalb County", and substituting in lieu thereof the following:
"Stone Mountain Judicial Circuit";
and
By striking on Page 1, lines 26 and 27, "Superior Court of DeKalb County", and substituting in lieu thereof the following:
"Stone Mountain Judicial Circuit".
On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

2934

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, a roll call was taken, 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 Hamilton of 34th Hill Howard Kennedy Kidd Langford Lester Lewis McDowell

Those not voting were Senators:

Duncan (excused conferee) Garrard Holley Holloway Hudgins Hudson

McDuffie (excused conferee) Pearce (excused conferee) Riley Robinson Russell (excused conferee)

McGill Overby Reynolds Stephens Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young
Shapard Starr (excused conferee) Stumbaugh (excused conferee) Turner

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
HR 591. By Representatives Davis of the 56th, Childs of the 51st, Jordan of the 58th and others:

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 in DeKalb 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 Constitu-

FRIDAY, MARCH 5, 1976

2935

tion is hereby amended by adding at the end thereof the following paragraph:

"Provided, however, that in DeKalb County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed one thousand dollars, and shall sit monthly at fixed times and places; 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 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 dollar amount of civil cases over which the
( ) NO justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to one thousand dollars?"

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 taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brantley Coverdell Dean of 6th Dean of 31st Eldridge Fincher

Foster Gillis Holloway Hudgins Kennedy Kidd Lester Lewis McDowell

McGill Reynolds Russell Summers Button Thompson Traylor Tysinger Warren

2936

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Banks Bond Carter Doss Hamilton of 26th Hamilton of 34th

Hill Howard Hudson Langford Overby Pearce Shapard

Stephens Stumbaugh Tate Timmons Young

Those not voting were Senators:

Broun of 46th (excused conferee) Brown of 47th Duncan (excused conferee)

Garrard Holley McDuffie (excused conferee) Riley (excused conferee)

Robinson Starr (excused conferee) Turner (excused conferee)

On the adoption of the resolution, the yeas were 27, nays 19.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Warren of the 43rd moved that the Senate reconsider its action in defeating HR 591 today.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Brown of 47th Coverdell Dean of 6th Dean of 31st Fincher

Foster Gillis Hamilton of 26th Kennedy Kidd Lester Lewis McGill Pearce Reynolds

Russell Stumbaugh Summers Sutton Tate Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Banks Barnes Carter Doss Eldridge Hamilton of 34th

Hill Holloway Howard Hudgins Hudson Langford

Overby Robinson Shapard Stephens Timmons Young

FRIDAY, MARCH 5, 1976

2937

Those not voting were Senators:

Broun of 46th (excused conferee) Duncan (excused conferee) Garrard

Holley McDowell McDuffie (excused conferee) Riley (excused conferee)

Starr (excused conferee) Turner (excused conferee)

On the motion, the yeas were 29, nays 18; the motion prevailed, and HR 591 was reconsidered and placed at the bottom of the general Calendar.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 989. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 34-1204, relative to the installation, custody and repair of voting machines so as to change the provisions relative to the number of voting machines to be provided.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Brantley Brown of 47th Carter Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McGill Overby

Pearce Reynolds Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Young

Those not voting were Senators:

Barnes Bond Broun of 46th (excused conferee)

Coverdell Dean of 6th Duncan (excused conferee)

Holley Langf ord McDuffie (excused conferee)

2938

JOURNAL OP THE SENATE,

Riley (excused conferee) Robinson

Starr (excused conferee)

Turner
(excused conferee) Warren

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

HB 1551. By Representative Howell of the 140th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 34-605, relating to the qualifications of registrars and deputy registrars, so as to repeal the requirement that the chief registrar own or be the spouse of the owner of real property within the county.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Fincher Foster Garrard

Gillis Hamilton of 26th Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McGill Overby Pearce

Those voting in the negative were Senators:

Doss

Hill

Those not voting were Senators:

Barnes Broun of 46th (excused conferee) Dean of 31st Duncan (excused conferee) Eldridge

Hamilton of 34th Holley Holloway (presiding) McDuffie (excused conferee) Riley (excused conferee)

Reynolds Robinson Russell Shapard Stephens Summers Button Tate Thompson Timmons Traylor Tysinger Young
Langford
Starr (excused conferee) Stumbaugh Turner (excused conferee) Warren

FRIDAY, MARCH 5, 1976

2939

On the passage of the bill, the yeas were 39, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1987. By Representative Howell of the 140th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Chapter 34-6, relating to the registration of electors, so as to provide that whenever a special primary or election is held on the same day as the Georgia Presidential Preference Primary, voter registration deadlines for the special primary or election shall be the same as that for the Presidential Preference Primary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, 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 Eldridge Fincher 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 Russell Shapard Stephens Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barnes Broun of 46th Duncan (excused conferee) Holley

Holloway (presiding) McDuffie (excused conferee)

Starr (excused conferee) Stumbaugh Tate

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following report of a standing committee was read by the Secretary:

2940

JOURNAL OF THE SENATE,

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 378. Do pass. SR 382. Do pass.
SR 391. Do pass.
SR 412. Do pass.
SR 441. Do pass.
Respectfully submitted. Senator Eldridge of the 7th District, Chairman.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

The Conference Committee Report was as follows:

Mr. President:

Mr. Speaker:

The Conference Committee on HB 1186 has met and is unable to agree on a report.
Respectfully submitted,

FOR THE SENATE
/si Ed Garrard Senator, 37th District
/s/ Virginia Shapard Senator, 28th District
/s/ Julian Bond Senator, 39th District

FOR THE HOUSE OF REPRESENTATIVES
/s/ Bob Beckham Representative, 89th District
/s/ Randolph C. Karrh Representative, 106th District
/s/ G. Robert Howard Representative, 19th District

FRIDAY, MARCH 5, 1976

2941

The Lieutenant Governor resumes the Chair.

The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 611. By Representatives Snow of the 1st, Murphy of the 18th, Collins of the 144th and others: Senate Sponsor: Senator Pearce of the 16th. A resolution creating the Code Revision Study Committee.
On the adoption of the resolution, the yeas were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolutions of the Senate, favorably reported by the committees, were put upon their adoption:
SR 378. By Senator Thompson of the 32nd: A resolution creating a Materialmen's Lien Laws Study Committee.
SR 382. By Senator Lester of the 23rd: A resolution creating the Consumer Debt Collection Study Committee.
SR 391. By Senators Lester of the 23rd, Tysinger of the 41st and Thompson of the 32nd: A resolution creating the General, Mechanical and Electrical Con tractors Study Committee.
SR 441. By Senators Foster of the 50th and Duncan of the 30th: A resolution creating the Property Tax Sales Ratio Study Committee.

The resolutions were adopted.

The following resolutions of the Senate and House were read and adopted:

SR 465. By Senators Langford of the 51st, Doss of the 52nd, Shapard of the 28th and others:
A resolution commending Miss Jan Hudson.

SR 466. By Senators Warren of the 43rd, Bell of the 5th, Tysinger of the 41st and others:
A resolution commending Mr. Ed Laborwit.

2942

JOURNAL OF THE SENATE,

SR 468. By Senator McGill of the 24th:
A resolution expressing regrets at the passing of the Honorable W. Norman Adams.

SR 469. By Senators Tate of the 38th, Bond of the 39th, Barker of the 18th and others:
A resolution commending Cleveland W. Pettigrew.

SR 471. By Senator Howard of the 42nd: A Resolution commending Mrs. Nellie Dozier Ridley.

SR 472. By Senators Doss of the 52nd, Holloway of the 12th, Riley of the 1st and others:
A resolution commending Mr. Pat Jarvis.

SR 473. By Senators Lewis of the 21st and Kennedy of the 4th:
A resolution recognizing the importance of the pine tree to the citizens of Georgia and the efforts of Dr. Charles H. Herty.

SR 474. By Senator Doss of the 52nd: A resolution expressing regret at the passing of Mr. Sam Wallace.

SR 475. By Senator Langford of the 51st:
A resolution to request that the Insurance Commissioner provide certain information to the Governor's Medical Malpractice Advisory Council; to provide for a report of findings and recommendations.

SR 476. By Senators Pearce of the 16th and Hudgins of the 15th: A resolution commending Honorable C. Ed Berry.

HR 991. By Representatives Glanton of the 66th, Phillips of the 120th, Ross of the 76th and others:
A resolution urging increased emphasis on vocational education in the State of Georgia.

HR 992. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution to encourage business and non-business employers to take advantage of a Federal Welfare Recipient Employment Incentive Tax Credit.

FRIDAY, MARCH 5, 1976

2943

HR 995. By Representatives White of the 132nd, Edwards of the 110th, Childers of the 15th and others:
A resolution expressing the position of the General Assembly relating to Licensed Practical Nurses.

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:

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 House has insisted on its position in substituting the following bill of the Senate:

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1428. By Representatives Davis and Tolbert of the 56th, Harden of the 15th and others:
A bill to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes due and notices of assessments sent to taxpayers of counties and municipalities.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

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

2944

JOURNAL OP THE SENATE,

provide that the General Assembly may exempt from ad valorem taxation property of non-profit homes for the aged which is used in connection with the operation of the home; to provide for the sub mission of this amendment for ratification or rejection.

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:

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Rainey of the 135th, Jackson of the 9th and Adams of the 36th.

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:

HB 1489. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relating to game and fish, as amended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Peters of the 2nd, Twiggs of the 4th and Mann of the 13th.

The following resolution of the House was taken up for the purpose of considering the Conference Committee Report thereto:

HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution to provide for a new Constitution of the State of Georgia.

The Conference Committee Report on HR 462 was as follows:

FRIDAY, MARCH 5, 1976

2945

The Conference Committee on HR 462 recommends that both the Senate and the House of Representatives recede from their positions and that HR 462 as it passed the House be adopted with the attached amendments thereto.

Respectfully submitted,

FOR THE SENATE:
/s/ Preston B. Lewis, Jr. Senator, 21st District
/s/ Peter L. Banks Senator, 17th District
/s/ Roy Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wayne Snow, Jr. Representative, 1st District
/s/ Walter B. Russell, Jr. Representative, 53rd District
/s/ Larry Walker Representative, 115th District

Conference Committee Amendments:
AMENDMENT NO. 1
By striking Article III, Section IV, Paragraph I, lines 13 through 18 on page 16, in its entirety, and inserting in lieu thereof a new Para graph I to read as follows:
"Paragraph I. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or permanent disability of the President or in the event of the succession of the President to the executive power. In the event the President is unable to perform the duties of his office because of temporary disability, the President Pro Tempore shall act as President during the period of temporary disability. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the Presi dent Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an ex traordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Para graph. When a President Pro Tempore becomes President of the Senate as provided in this Paragraph, such President shall receive the same compensation and allowances as the Speaker of the House of Representatives. The provisions of this Paragraph shall become effective on the first day of the regular session of the General Assembly in 1977."

2946

JOURNAL OF THE SENATE,

AMENDMENT NO. 2

By striking Article III, Section V, Paragraph III, lines 14 through 30 on page 17 and lines 1 through 11 on page 18, in their entirety, and inserting 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 of each year. By concurrent resolution adopted by a majority of the 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 reconvening in regular session but shall remain in regular session no longer than forty days in the aggregate each year. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or the House of Representatives at the time of 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 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 II, Paragraph III of this Constitution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may con tinue in session until such trial is completed."

AMENDMENT NO. 3

By adding in Paragraph XI of Section VII of Article III, line 27 on page 23, after the word "amendments", the words "or a new Constitu tion".

AMENDMENT NO. 4

By inserting on page 24, between Paragraphs III and IV, the following:

"Paragraph IIIA. Restrictions upon land use for the protec tion of natural resources, environment and vital areas. The General Assembly shall have the authority to provide restrictions upon land use in order to protect and preserve the natural resources, environ ment and vital areas of this State."

AMENDMENT NO. 5

(a) By inserting between lines 22 and 23 on page 138 the following:

"(15) Planning and zoning, which is the power to provide within their respective jurisdictions for the zoning or districting of

FRIDAY, MARCH 5, 1976

2947

such political subdivisions for various uses and other or different uses prohibited in such zones or districts; to regulate the use for which said zones or districts may be set apart; and to regulate the plans for development and improvements on real estate therein.

Except as otherwise provided in this paragraph as to planning and zoning, nothing contained within this Paragraph shall operate to prohibit the General Assembly from enacting general laws rela tive to the above subject matters or to prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of the above powers, but, the General Assembly shall not have the authority to withdraw any such powers. The General Assembly shall act upon the above subject matters only by general law. If population is used as a basis for classification for the applicability of any Act to any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population or shall apply to political subdivisions of more than a specified population. The General Assembly shall not, in any manner, regulate, restrict or limit the power and authority of any county, municipality, or any combination thereof, to plan and zone as herein defined."

(b) By deleting lines 11 through 15 on page 139.

(c) By deleting in its entirety Paragraph V of Section IV of Article IX, lines 8 through 32 on page 140 and lines 1 through 11 on page 141.

(d) By deleting lines 17 through 25 on page 143 and inserting in lieu thereof the following new paragraph:
"The grant of powers to counties contained in this Paragraph and in Paragraph IV of this Section shall not operate to prohibit the General Assembly from enacting general laws relative to the above subject matters or to prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of such powers, except that the authority of the General Assembly provided herein shall not be construed to authorize the General Assembly to affect or modify the authority and duty of the governing authorities of counties to levy the tax provided for by subparagraph above. The General Assembly shall act upon the above subject matters only by general law. The General Assembly shall not have the authority to withdraw any such powers. If population is used as a basis for classification for the applicability of any Act to any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population or shall apply to political subdivisions of more than a specified population."

AMENDMENT NO. 6
By striking from Article XII, Section I, Paragraph I, lines 3 through 7 on page 180, the following:

2948

JOURNAL OF THE SENATE,

"A proposal for a revision of an Article or a new Article may be submitted as a single amendment. A proposal for a revision of an Article or a new Article and related changes in one or more other Articles may be submitted as a single amendment.",

and inserting in lieu thereof the following:

"A proposal for one or more changes within a single Article may be submitted as a single amendment. A proposal for one or more changes within a single Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. A proposal for a new Article may be sub mitted as a single amendment. A proposal for a new Article and a related change or related changes in one or more other Articles may be submitted as a single amendment."

AMENDMENT NO. 7

By striking from Article XIII, Section I, Paragraph III, lines 20 and 21 on page 182, the following:

"the President of the Senate, the Speaker of the House of Representatives",

and inserting in lieu thereof the following:

"the presiding officer of the Senate, the presiding officer of the House of Representatives".

AMENDMENT NO. 8

By striking from Section 2 on page 183 the language which is to appear on the ballot and inserting in lieu thereof the following:

"( ) YES Shall the proposed new Constitution be ratified as the ( ) NO Constitution of the State of Georgia?"

Senator Lewis of the 21st moved that the Conference Committee Report on HR 462 be adopted.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks
Barker Barnes Bell Brantley

Broun of 46th
Carter Coverdell Dean of 6th Dean of 31st

Doss
Eldridge Fincher Foster Garrard

FRIDAY, MARCH 5, 1976

2949

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy

Langford Lester Lewis McDowell Overby Pearce Reynolds Riley Robinson

Russell Starr Stumbaugh Summers Sutton Tate Thompson Traylor Young

Those voting in the negative were Senators:

Ballard Brown of 47th Kidd

McGill Shapard Turner

Tysinger Warren

Those not voting were Senators:

Bond Duncan

Holley McDuffie

Stephens Timmons

On the adoption of the Conference Committee Report, the yeas were 42, nays 8, and the Conference Committee Report on HR 462 was adopted.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, so as to authorize borrowers to act freely and without legislative restriction in borrowing or obtaining or using sums of $25,000 or more whether originally or by renewal or extension.

Senator Lester of the 23rd moved that the Senate adhere to its disagreement to the House substitute to SB 463 and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 8; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 463.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Lester of the 23rd, Holloway of the 12th and Duncan of the 30th.

The following bill and resolution of the Senate and House were taken up for the purpose of considering House action thereto:

2950

JOURNAL OF THE SENATE,

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

Senator Gillis of the 20th moved that the Senate adhere to its amendments to HB 1500 and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its amendments to HB 1500.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Traylor of the 3rd, Robinson of the 27th and Gillis of the 20th.
Senator Holloway of the 12th, President Pro Tern, resumed the Chair.

SR 42. By Senators Garrard of the 37th, Langford of the 51st, Eldridge of 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 provide for the submission of this amendment for ratification or rejection.

The House amendment to SR 42 was as follows:

SR 42 is hereby amended by striking lines 21 and 22 of Page 1 and inserting in lieu thereof the following:
"and are qualified as exempt organizations under the United States Internal Revenue Code of 1954, Section 501, as amended, and are subject to the laws of Georgia regulating nonprofit and charitable corporations."

Senator Garrard of the 37th moved that the Senate agree to the House amendment to SR 42.

On the motion, Senator Holloway of the 12th, President Pro Tempore, 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 Brown of 47th

Carter Coverdell Dean of 6th

FRIDAY, MARCH 5, 1976

2951

Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th
Hill
Howard
Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby
Pearce
Reynolds
Riley

Robinson Russell Shapard Starr Stumbaugh Tate Thompson Traylor Turner
Warren
Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Banks Bond Broun of 46th Hamilton of 34th

Holley Holloway (presiding) McDuffie Stephens

Summers Timmons Tysinger

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SR 42.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

Senator Warren of the 43rd moved that a Second Conference Committee on HB 1186 be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the President appointed as a Second Conference Committee on the part of the Senate the following:
i Senators Fincher of the 54th, Garrard of the 37th and Shapard of the 28th.

The President resumed the Chair.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

2952

JOURNAL OF THE SENATE,

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees' Retirement System approved Feb. 3, 1949 so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.

The Conference Committee Report was as follows:

Mr. President:

Mr. Speaker:

Your Conference Committee on HB 1378 has met and submits the following recommendations:

That the House recede from its position and that the Senate Com mittee on Retirement Substitute to HB 1378 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Jimmy Lester Senator, 23rd District

/s/ Bernard F. Miles Representative, 86th District

/s/ Joe Thompson Senator, 32nd District

,/s/ Jack Cole Representative, 6th District

/s/ James R. Hamilton Senator, 34th District

/s/ James W. Keyton Representative, 143rd District

Senator Lester of the 23rd moved that the Conference Committee Report on HB 1378 be adopted.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th Dean of 31st Doss Eldridge Garrard

Hamilton of 26th Howard Hudson Kennedy Langford Lester Lewis McDowell Reynolds Riley Robinson

Shapard Stumbaugh Summers Tate Thompson Traylor Turner Tysinger Warren Young

FRIDAY, MARCH 5, 1976

2953

Those not voting were Senators:

Biell Bond Carter Coverdell Dean of 6th Duncan (excused conferee) Fincher Foster

Gillis Hamilton of 34th Hill Holley Holloway Hudgins Kidd McDuffie (excused conferee)

McGill Overby Pearce Russ.ell Starr (excused conferee) Stephens Sutton Timmons

On the adoption of the Conference Committee Report, the yeas were 32, nays 0, and the Conference Committee Report on HB 1378 was adopted.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1489. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relating to game and fish, as amended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations.

Senator Barker of the 18th moved that the Senate adhere to its amendment to HB 1489 and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 1489.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Barker of the 18th, Gillis of the 20th and Banks of the 17th.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 286. By Senators Barker of the 18th, Holloway of the 12th, Sutton of the 9th arid 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 House substitute was as follows:

2954

JOURNAL OF THE SENATE,

A BILL

To be entitled an Act to provide procedures for the return of mobile homes for taxation, determining the applicable rates therefor, and col lecting the ad valorem tax imposed thereon; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA :

Section 1. Pursuant to Article VII, Section I, Paragraph III of the Constitution, mobile homes, for the purposes of ad valorem taxation, are classified as a separate and distinct class of tangible property. The procedures prescribed by this Act for returning mobile homes for taxa tion, determining the applicable rates therefor, and collecting the ad valorem tax thereon shall be exclusive.

Section 2. For the purposes of this Act, mobile homes are defined as mobile homes and relocatable homes as defined by Section 2 of "The Uniform Standards Code for Factory Manufactured Movable Homes Act" found in Ga. Laws 1968, p. 416. Provided, however, that those mobile homes which qualify the taxpayer for homestead exemption under Georgia Law shall not be considered mobile homes and subject to the provisions of this Act.

Section 3. Mobile homes which are owned by a dealer are not included within the distinct classification of tangible property made by this Act for all other mobile homes; and the procedures prescribed herein for returning such other mobile homes for ad valorem taxation, determining the applicable rates therefor, and collecting the ad valorem taxes imposed thereon, do not apply. Such mobile homes as are ex cluded from the provisions of this Act by this classification shall be returned for ad valorem taxation, taxed, and the taxes collected thereon in the manner as hereinafter provided.

a. All dealers, wholesale and retail, shall return their inventory on the first work day of each calendar year beginning in 1977. Said inventory shall be substantiated by properly executed Department of Revenue forms prepared for that purpose on each mobile home in inventory, showing the identification numbers of each mobile home. The dealer's assessed value shall be 75 per cent of the assessed value prescribed by the State Department of Revenue for other mobile
homes.

b. The taxing authorities of each county shall determine the tax due on each dealer mobile home at the same tax rate as other mobile homes, which taxes shall be paid on or before April 1 of such calendar year. All such mobile home return forms shall then be marked "returned for tax purposes" so that each such mobile home may then be sold as if all ad valorem taxes had been paid for the current year under the
provisions of this Act.

FRIDAY, MARCH 5, 1976

2955

c. All new mobile homes in transit and not actually in a dealer's inventory on January 1 of each year shall not be subject to taxation for that year. Dealers shall submit proof that each such mobile home was actually received after January 1 of that year.

d. For the purpose of this Section, the term "dealer" is defined to be any persons, firm or corporation engaged in the business of selling mobile homes at wholesale or retail.

Section 4. Every mobile home owned in the State of Georgia on the first day of January is subject to ad valorem taxation by the various taxing jurisdictions authorized to impose an ad valorem tax on property. Taxes shall be charged against the owner of the property if known and against the specific property itself if the owner is not known. For the purposes of this Act, mobile homes which are purchased from a manufacturer by a franchised dealer shall not be deemed to be owned in Georgia until the actual physical possession of the mobile home is surrendered to such dealer.

Section 5. Each year every owner of a mobile home subject to taxation under the provisions of this Act shall, on or before April 1, obtain from the tax collector or tax commissioner of the county of residence of said mobile owner a mobile home location permit. The is suance of said permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, green in color, which shall reflect the county of issuance, and the calendar year for which such permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner.

Section 6. Each year every owner of a mobile home subject to taxation under the provisions of this Act shall return the same for taxation and pay the taxes due thereon at the time the owner makes application for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on the first day of April, whichever occurs first. If the owner of a mobile home returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall make application for said permit at the time he returns the mobile home for taxation. Except as is provided for those mobile homes ex cluded from the distinct classification of mobile homes defined in Section 2 of this Act, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes which become due thereon, on or after January 1, 1977, have been paid.

Section 7. In those instances wherein a mobile home shall be pur chased from a seller who is required to return said mobile home for taxation in a county other than the county of the residency of the purchaser, the tax collector or tax commissioner wherein said mobile home is returned for taxation shall collect the required ad valorem taxes due and, at the request of the purchaser, transmit to the purchaser an appropriate certificate which shall indicate that all ad valorem taxes due thereon have been paid. Upon receipt of said certificate, the tax collector or tax commissioner of the county of the purchaser's residency shall issue the required mobile home location permit and decal.

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JOURNAL OP THE SENATE,

Section 8. Mobile homes owned by residents of this State shall be returned in the county of the owner's domicile unless such mobile home is primarily used in connection with some established business enter prise located in a different county, in which case it shall be returned in the county where situated.

Section 9. Every owner of a mobile home, in addition to the ad valorem tax due thereon, shall be liable for a penalty of 10 per cent of the tax due or $1, whichever is greater, for the failure of said owner to make the return or pay the taxes in accordance with the provisions of this Act.

Section 10. The tax collector or tax commissioner receiving the return shall collect all ad valorem taxes imposed on such mobile home, irrespective of the taxing authority levying such taxes; and no other official shall be authorized to collect such taxes.

Section 11. The State Revenue Commissioner shall prepare annual ly and distribute to each of the county tax collectors and tax commis sioners uniform procedures for the valuation of all mobile homes subject to the provisions of this Act.

Section 12. Ad valorem taxes imposed on mobile homes subject to the provisions of this Act shall be at the assessment level and mill rate assessed by such taxing authority on tangible property for the previous calendar year.

Section 13. Any owner who contests the assessment of an ad valorem tax against said mobile home may secure a decal for the year in question by filing with the tax collector or tax commissioner an affidavit of illegality to the assessment together with a surety bond is sued by a surety company authorized to do business in the State of Georgia, or, in lieu of such bond, a bond to be approved by the Clerk of the Superior Court of the county, or a cash bond, all of which shall be in an amount equal to the tax and any penalties and interest which might be found to be due. The bond shall be made payable to the tax collector or tax commissioner and conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and bond shall be transferred immediately by the tax collector or tax commissioner to the Superior Court, filed therein, and shall be tried as affidavits of illegality are now tried in tax cases. Any owner who con tests the value assessment of said mobile home may appeal that assessed value which appeal shall be accomplished insofar as is applicable as provided for in Code Section 92-6912.

Section 14. The tax collector or tax commissioner collecting the ad valorem taxes on mobile homes as prescribed by this Act shall remit to the taxing authority imposing the tax such sums as have been col lected, less the commissions hereinafter provided, on or before the 15th day of the month following the month of collection.

Section 15. The tax collector or tax commissioner shall be com pensated for his services in collecting the ad valorem taxes on mobile

FRIDAY, MARCH 5, 1976

2957

homes of the various taxing jurisdictions within his county by such jurisdiction as follows:

On all net collections made during any calendar year for each jurisdiction:

Up to and including $6,000 Over $6,000 and not exceeding $14,000 Over $14,000 and not exceeding $24,000 Over $24,000 and not exceeding $36,000 Over $36,000 and not exceeding $52,000 Over $52,000 and not exceeding $76,000 Over $76,000

6 per cent. 5 per cent. 4 per cent. 3 per cent. 21/2 per cent. 2 per cent. 13/4 per cent.

The schedule of commissions provided above may be changed and altered by the agreement of the parties concerned by contract in those instances which require individual adjustment. Provisions of laws now in effect covering such compensation shall not be repealed by this Act.

Section 16. All fees and commissions allowed local tax collectors and tax commissioners for collecting ad valorem taxes on mobile homes shall be collected by such officials; and in those instances where such officials are compensated by the fee system, such commissions shall be retained by the local officials as a part of their compensation. In those instances where the tax collector or tax commissioner has been placed upon a salary in lieu of the fee system of compensation, such fees and commissions shall be turned into the county treasury. Notwithstanding the above provisions, the fees and commissions provided for herein shall become the property of and shall be disposed of pursuant to the provisions of local Acts specifically providing for the disposition of such fees and commissions.

Section 17. The value of all mobile homes returned for taxation during the current calendar year shall be added to the regular digest at the time same shall be transmitted to the State Revenue Commissioner or at such other time as the digest shall be required to be compiled and the total thereof shall be the tax digest.

Section 18. The county commissioners of each individual county shall have the authority to expend county funds to hire any such addi tional help and to purchase any such additional equipment as is in their discretion necessary to implement the provisions of this Chapter.

Section 19. An Act approved April 10, 1971, (Ga. L. 1971, p. 631), as amended, his hereby repealed. All other laws or parts of laws in conflict with this Act are hereby repealed.
Section 20. This Act shall become effective upon the approval by the people of a constitutional amendment authorizing the General As-

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sembly to enact legislation treating mobile homes as a separate class of property for tax purposes and shall apply to all tax years beginning after December 31, 1977.

Senator Barker of the 18th moved that the Senate agree to the House substitute to SB 286.

On the motion, 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 Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Holloway Howard Hudson Kennedy Langford Lester Lewis McDowell McGill Overby Reynolds Riley

Those not voting were Senators:

Ballard Bell Bond Brown of 47th Duncan

Hamilton of 34th Hill Holley Hudgins Kidd

Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McDuffie Pearce Russell Button

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 286.
The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:
SB 494. By Senator Stumbaugh of the 55th: A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations.
The Conference Committee Report was as follows:
The Conference Committee on SB 494 has met and submits the following recommendations:

FRIDAY, MARCH 5, 1976

2959

That the House and Senate recede from their respective positions and that the attached substitute to SB 494 be adopted.

Respectfully submitted,

FOR THE HOUSE OF REPRESENTATIVES:
Walter B. Russell, Jr. Representative, 53rd District
Is/ Lauren McDonald, Jr. Representative, 12th District
Is/ Charles Hatcher Representative, 131st District

FOR THE SENATE:
Is/ Lawrence Stumbaugh Senator, 55th District
Is/ H. Norwood Pearce Senator, 16th District
Henry P. Russell, Jr. Senator, 10th District

Conference Committee Substitute to SB 494:
A BILL
To be entitled an Act to amend an Act providing for the establish ment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations; to provide for limitations on the use of such information; to provide for conditions of dissemination; to provide for notice to certain persons of dissemination of certain in formation; to provide immunity for certain persons; to provide for rule-making power in connection therewith; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), is hereby amended by adding following Section 3(1) a new subsection to be designated subsection (m), to read as follows:
"(m) Make records of adjudications of guilt available to private persons and businesses as follows:
(1) Make available to employers, for the purpose of making employment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve:
(A) Working in or near private dwellings without immediate supervision;
(B) Custody or control over or access to cash or valuable items;
(C) Knowledge of or access to secret processes, trade secrets or other confidential business information;

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(D) Insuring the security or safety of other employees, cus tomers or property of the employer.

(2) Make available to appropriate personnel of any business or commercial establishment records of persons apprehended for or suspected of a specific criminal act or acts of which such establish ment, or an employee of such establishment in the course of his employment, is a victim.
(3) GCIC shall charge fees for disseminating records pursuant to this Section which will raise an amount of revenue which ap proximates, as nearly as practicable, the direct and indirect costs to the State of providing such disseminations.
(4) Information disseminated pursuant to paragraph (1) above shall be available only to persons involved in the hiring or job assignment of the person whose record is disseminated. Informa tion disseminated pursuant to paragraph (2) above shall be avail able only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts. Any dissemination of any information obtained pursuant to this subsection to any person not specifically authorized hereby to receive it or any use of any information obtained pursuant to this subsection for any purpose other than the purpose for which it was obtained shall constitute a violation of Section 7 of this Act.
(5) In the event that a decision is made adverse to a person whose record was obtained pursuant to this subsection, the person will be informed by the business or person making such adverse decision of all information pertinent to this decision. This shall in clude information that a record was obtained from GCIC, the specific contents of such record and the effect that such record had upon the decision.
(6) Neither GCIC, its employees, nor any other agency or employee of the State shall be responsible for the accuracy of in formation or have any liability for defamation, invasion of privacy, negligence or any other claim in connection with any dissemination of information pursuant to this subsection.

(7) GCIC shall disseminate records pursuant to paragraph (1) only upon positive identification by fingerprint comparison. GCIC shall disseminate records pursuant to paragraph (2) on finger print identification and when fingerprints are unavailable or time prohibits the use of fingerprints for identification, identification may be made through the use of the name, date of birth, sex and race of the person with appropriate qualifications.

(8) The GCIC Council is hereby empowered to adopt rules, regulations and forms to implement this subsection and provide for security and privacy of information disseminated pursuant hereto

FRIDAY, MARCH 5, 1976

2961

giving first priority to the criminal justice requirements of the Act. Such rules may include requirements for users, audits of users and such other procedures as may be necessary to prevent unauthorized use of criminal history record information and to insure compliance with federal regulations.

No information may be disseminated pursuant to this subsection by any criminal justice agency except GCIC.

The GCIC Council may adopt rules authorizing local law en forcement agencies to act as an agent for GCIC in receiving requests for information and disseminating information pursuant to such requests."

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un constitutional.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Stumbaugh of the 55th moved that the Senate adopt the Conference Committee Report on SB 494.

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:

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 Holloway Howard Hudson Kennedy Langford Lester Lewis McDowell McGill

Overby Riley Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Traylor Tysinger Warren

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Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Ballard Bell Bond Hamilton of 34th Hill Holley

Hudgins Kidd McDuffie Pearce Reynolds Robinson

Russell Sutton Tate Turner Young

On the adoption of the Conference Committee Report, the yeas were 38, nays 1, and the Conference Committee Report on SB 494 was adopted.

The President announced that the Senate would stand in recess from 6:10 o'clock P.M. until 7:15 o'clock P.M.

The President called the Senate to order at 7:15 o'clock P.M.

The following message was received from the House through Mr. Ellard,. the Clerk thereof:
Mr. President:
The House has dismissed the Committee of Conference and has appointed a second Committee of Conference on the following bill of the House:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the the Aid to Dependent Children Act.

The Speaker has appointed as a second Committee of Conference on the part of the House the following members thereof: Representatives Linder of the 44th, Cole of the 6th and Irvin of the 23rd.

The House insists on its position in substituting the following bill of the Senate:

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.

FRIDAY, MARCH 5, 1976

2963

The House has appointed a Committee of Conference on the following bill of the Senate:

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Pinkston of the 100th, Edwards of the 20th and Sigman of the 24th.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 478. By Senator Holloway of the 12th:
A bill to amend an Act relating to a health insurance plan for State employees, as amended, so as to authorize the State Personnel Board to execute a contract or contracts with one or more corporations licensed to transact business in this State.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 557. By Senator Garrard of the 37th:
A bill to amend an Act providing a new Criminal Code by adding a new Section 26-1507, so as to prohibit any person from injuring or interfering with the property of any company, municipality, or political subdivision engaged in the manufacture, sale or distribution of elec tricity, gas, water, telephone, or other public services.

The following bill of the Senate was taken up for the purpose of considering House action thereto:
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.

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Senator Garrard of the 37th moved that the Senate adhere to its disagree ment to the House substitute to SB 389 and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 389.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Eldridge of the 7th, Pearce of the 16th and Garrard of the 37th.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1428. By Representatives Davis and Tolbert of the 56th, Harden of the 154th and others:
A bill to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes due and notices of assessments sent to taxpayers of counties and municipalities.

Senator Warren of the 43rd moved that the Senate recede from its amend ment to HB 1428.

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 Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Foster

Garrard Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, MARCH 5, 1976

2965

Those not voting were Senators:

Barker Bond Duncan (excused conferee) Gillis

Hill Holley Lester McDuffie (excused conferee)

Starr (excused conferee) Sutton Tate

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 1428.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 557. By Senator Garrard of the 37th:
A bill to amend an Act providing a new Criminal Code by adding a new Section 26-1507, so as to prohibit any person from injuring the property of any company engaged in the manufacture, sale or distribu tion of electricity, gas, water, telephone or other public services.
The House amendment was as follows:
Amend SB 557 by striking the language on Page 3, lines 17, 18, and 19 after the word "punished" and substituting therefor the language "as for a misdemeanor."

Senator Garrard of the 37th moved that the Senate agree to the House amendment to SB 557.

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 Brantley Broun of 46th Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge
Poster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson
Kennedy
Kidd
Langford
Lewis
McDowell
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh
Summers
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

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Those not voting were Senators:

Barker Bond Duncan (excused conferee) Fincher Holley

Holloway (excused conferee) Lester (excused conferee) McDuffie (excused conferee)

Starr (excused conferee) Sutton Tate

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 557.

Senator Kidd of the 25th asked unanimous consent that the President appoint a conferee to serve in place of Senator Bond of the 39th, who was originally appointed on March 3 and now is unavailable, on the following bill of the Senate, to-wit:

SB 162. By Senators Fincher of the 54th and McDowell of the 2nd:
A bill to amend an Act approved Mar. 2, 1953, 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 consent was granted, and the President appointed Senator Reynolds of the 48th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 522. By Senator McDowell of the 2nd:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws of this State relative to game and fish, so as to define certain terms; to prohibit taking of crabs under certain conditions.

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 341. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide for annual sessions of 45 days for the General Assembly and

FRIDAY, MARCH 5, 1976

2967

to provide for periods of adjournment during each session; to provide for the submission of this amendment for ratification or rejection.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 673. By Senators Bell of the 5th, Stumbaugh of the 55th, Holloway of the 12th and others:
A bill relating to crimes involving dangerous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the provisions relating to penalties; to provide for exceptions.

The House has appointed a Committee of Conference on the following bill of the Senate:

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 for the right of law enforcement officers to engage in political activity.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Larsen of the 119th, Adams of the 36th and Taggart of the 125th.

The following resolution of the Senate was taken up for the purpose of considering a House substitute thereto:

SR 341. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide for annual sessions of 45 days for the General Assembly and to provide for periods of adjournment during each session; 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 provide that no airport shall be constructed in Paulding County which has any runway in excess of 6,200 feet unless the voters of Paulding County approve such construction in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XI, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, no airport shall be constructed in Paulding County which has any runway in excess of 6,200 feet unless the voters of Paulding County approve such construction in a referendum there on. In the event such an airport is desired to be constructed in Paulding County, the governing authority and the election super intendent of Paulding County shall be notified, in writing stating the approximate acreage requirements, the approximate location of the airport, the approximate date when construction is proposed to begin, the approximate completion date of the construction, the approximate cost of the construction, the number of runways pro posed to be constructed, the length of each runway, and such other information as is desired to be furnished to the governing authority and the election superintendent. It shall be the duty of the election superintendent of Paulding County to issue, within 60 days after receiving notification, the call for an election for the purpose of submitting the question of whether such airport should be con structed to the electors of the county for approval or rejection. The election superintendent shall set the date of such election for a day not less than 45 nor more than 60 days after the date of the issuance of the call. The 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 Paulding County. The ballot shall have written or printed thereon
the words:

'( ) YES Shall an airport be constructed in Paulding County by
( ) NO -...-...,,.,,_...-.-..-..--?'
(person/entity)

All persons desiring to vote for approval of the construction of the airport shall vote 'Yes', and those persons desiring to vote against the construction of the airport shall vote 'No'. If more than one-half of the votes cast on such question are for approval of the construction of the airport, such airport may be constructed, other wise such airport shall not be constructed. In the event any airport having no runway in excess of 6,200 feet is constructed in Paulding County, no such airport shall ever thereafter have any runway in
excess of 6,200 feet."

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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2969

"( ) YES Shall the Constitution be amended so as to provide that, no airport shall be constructed in Paulding Coun-
( ) NO ty which has any runway in excess of 6,200 feet unless the voters of Paulding County approve such construc tion in a referendum thereon?"

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 Broun of the 46th moved that the Senate disagree to the House sub stitute to SR 341.

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate disagreed to the House substitute to SR 341.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereon:

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th 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 replace present benefit table by adding a formula effective April 1, 1976; to require claimant to show his or her availability.

The Conference Committee Report was as follows:

Mr. President and Mr. Speaker:

Your Conference Committee on HB 1367 has met and submits the following recommendations:

That the House and Senate recede from their respective positions and that the attached substitute to HB 1367 be adopted.

Respectfully submitted,

FOR THE SENATE
/s/ W. D. Ballard Senator, 45th District
/s/ Norwood Pearce Senator, 16th District
Roy Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Edwin G. Mullinax Representative, 69th District
/s/ Tom C. Carr Representative, 105th District
/s/ Harry D. Dixon Representative 151st District

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Conference Committee Substitute to HB 1367:

A BILL

To be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to replace present benefit table by adding a formula effective April 1, 1976; to require claimant to show his or her availability; to require the earning of wages and not insured wages to establish eligibility for pay ment in a new benefit year; to require a person voluntarily retired to earn wages and not insured wages in order to establish a claim; to change the disqualification provisions related to voluntary quit, dis charge for cause, and refusal of suitable work; to add a definition of "suitable work"; to require separation notices; to allow only Agency personnel to record claim hearings except under certain circumstances; to qualify the operating of the Statewide Reserve Ratio tables; to add a lower rate to the tax table, which an employer may earn through ex perience; to allow borrowing from the Federal Trust Fund should the Georgia Unemployment Trust Fund become depleted; to strike provisions relating to special and general rules; to change the tax base from $4,200 to $6,000; to add provisions relative to real estate and insurance sales men employed by a nonprofit employer, State hospital or institution of higher education as required by the Federal Unemployment Tax Act; to add to the definition of "most recent employer"; to define "bona fide in the labor market"; to give the Commissioner of Labor sole responsibility and authority for negotiating and entering into lease agreements for property necessary for administration of all programs for which he has responsibility; to change the provisions relative to the payment of contributions by employers; to provide for the severability of provisions of said Act which do not conform to federal law; to provide for other matters relative to the foregoing; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act approved March 29, 1937, known as the "Un employment Compensation Law" (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law), is hereby amended by adding, immediately following the last step in the benefit table in para graph (1) of subsection (b) of Section 3, a new unnumbered paragraph to read as follows:

"Provided, however, to be effective April 1, 1976, and effective with benefit years beginning on and after April 1, 1976, an indi vidual's weekly benefit amount shall be that whole dollar amount computed by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the whole dollar amount of the quo tient, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such indi-

FRIDAY, MARCH 5, 1976

2971

vidual in that quarter of his base period in which such total wages were highest; provided further, that when the weekly benefit amount, as computed, would be more than $11 and less than $27, the individual's weekly benefit amount will be $27; provided further, that no weekly benefit amount shall be established for less than $27 nor more than $90."

Section 2. Said Act is further amended by striking from the begin ning of Section 4 only that phrase which reads as follows:

"An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commissioner finds that:",
and substituting in lieu thereof the following:
"An unemployed individual shall be eligible to receive benefits with respect to any week only if such unemployed individual shows to the satisfaction of the Commissioner that:".

Section 3. Said Act is further amended by striking the word "in sured" where it appears in subsections (f) and (g) of Section 4 so that when amended, subsections (f) and (g) of Section 4 shall read as follows:
"(f) He has, since the effective date of his last established previous benefit year, performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of the new benefit-year claim.
(g) He has, since retiring of his own volition to receive a pension, performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount."
Section 4. Said Act is further amended by striking subsections (a), (b) and (c) of Section 5 in their entirety and substituting in lieu thereof new subsections (a), (b) and (c) of Section 5 to read as follows:
"(a) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has left his most recent employer voluntarily without good cause in connection with his most recent work as determined by the Commissioner according to the circumstances in the case, and until he has secured employment and shows to the satisfaction of the Commissioner that he has per formed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of his claim.

(b) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has been discharged or suspended from work with his most recent employer for failure to obey orders, rules or instructions or the failure to discharge the

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JOURNAL OP THE SENATE,

duties for which he was employed, and for not less than four weeks and not more than eleven weeks, which immediately follow the week in which said valid claim was filed as determined by the Commissioner in the case according to the seriousness of the offense, not counting the waiting period: Provided, however, there shall be charged against the benefits to which the individual is entitled under Section 3(b), hereof, an amount equal to his weekly benefit amount for each week of such disqualification; provided, however, in the Commissioner's determination the burden of proof
of just discharge or suspension for cause as set forth shall be on the employer and the presumption shall be with the employee.

(c) If he has failed without good cause, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or his employer (provided said employer shall report said offer of suitable work in writing to the Commis sioner as prescribed by regulation), or to accept suitable work when offered him by any employer, or to return to his customary selfemployment (if any) when so directed by the Commissioner. Such disqualification shall continue until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned wages for such services equal to at least eight (8) times the weekly benefit amount of his claim.

(1) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk in volved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his cus tomary occupation, and the distance of the available work from his residence.

In making determinations under this paragraph, the length of unemployment shall be given full consideration, and after an ad justment period, the claimant must accept work involving less com petence and at a lower remuneration. If a claimant has received eight weeks of benefits during his current period of unemployment, no work otherwise suitable shall be considered unsuitable because of prior training, claimant's experience and prior earnings, or level of compensation, provided such compensation is equal to or exceeds 125% of the amount derived by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the integer value of the quotient. If a claimant has received thirteen weeks of benefits during his current period of unemployment, no work shall be considered unsuitable because of prior training, the claimant's experience and prior earnings, or level of compensation, provided such compensation is equal to or exceeds 110 '/< of the amount de rived by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding 1 to the integer value of the quotient; provided, however, such compensation must be equal to or greater than the minimum wage established by federal or State laws.

FRIDAY, MARCH 5, 1976

2973

(2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) if the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization."

Section 5. Said Act is further amended by adding immediately before the last sentence in subsection (a) of Section 6 the following:

"Each employer shall furnish to each employee a separation notice at such time as said employee leaves the employment of his employer. The separation notice shall contain detailed reasons for the employee's separation and the employee shall tender this sepa ration notice to the claims center at the time of filing a claim for benefits. This separation notice shall be otherwise in such form as prescribed in regulations by the Commissioner.",

so that when so amended subsection (a) of Section 6 shall read as follows:

"(a) Filing. Claims for benefits shall be made in accordance with such regulations as the Commissioner may prescribe. Each employer shall post and maintain in places readily accessible to individuals in his service printed statements concerning such regu lations or such other matters, as the Commissioner may by regula tion prescribe. Each employer shall make available to such indi viduals copies of such printed statements or materials relating to claims for benefits as the Commissioner may by regulation pre scribe. Each employer shall furnish to each employee a separation notice at such time as said employee leaves the employment of his employer. The separation notice shall contain detailed reasons for the employee's separation and the employee shall tender this sepa ration notice to the claims center at the time of filing a claim for benefits. This separation notice shall be otherwise in such form as prescribed in regulations by the Commissioner. Such printed state ments or materials shall be supplied by the Commissioner to each employer without cost to him."

Section 6. Said Act is further amended by adding at the end of subsection (f) of Section 6 the following:

"Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a recording, of any type whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the interested parties provided prior written consent is received by the Agency from all interested parties.",

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so that when so amended, said subsection (f) of Section 6 shall read as follows:

"(f) Procedure. The manner in which appealed claims shall be presented, and the conduct of hearings and appeals shall be in ac cordance with regulations prescribed by the Board of Review for determining the rights of the parties, whether or not such regula tions conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim shall be recorded, but need not be transcribed unless the disputed claim is further ap pealed. Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a recording, of any type whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the interested parties provided prior written consent is received by the Agency from all interested parties."

Section 7. Said Act is further amended by adding immediately following the second Rate Table appearing in paragraph (6) of sub section (c) of Section 7, the following:

"Notwithstanding the above Table, the following provisions shall be applicable for the dates and categories covered thereby:

If the excess percentage on:

June 30, 1975 or June 30 of subsequent years

The Contribution Rate

Equals or
Exceeds

But is Less Than

is (Percent)

.08

8.64

8.95

.04

8.95

and over."

Section 8. Said Act is further amended by adding at the end of the second paragraph of paragraph (8) of subsection (c) of Section 7 the following:

"Provided, however, that such overall reduction for any year shall not exceed two steps more than the prior year:",

so that when so amended said second paragraph of paragraph (8) of subsection (c) of Section 7 shall read as follows:

"When the Statewide Reserve Ratio, as computer above, is 4.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance and whose rate as computed under

FRIDAY, MARCH 5, 1976

2975

the Rate Table in subsection (6) hereof, as amended by this Act (54-622 (c)(6), Ga. Ann. Code, as amended by this Act) is 2.16 percent or less on his computation date, shall have his contribution rate at the time of computation date credited by applying an overall reduction in said rate in accordance with the following table. Pro vided, however, that such overall reduction for any year shall not exceed two steps more than the prior year:".

Section 8A. Said Act is further amended by adding at the end of Section 7 a new paragraph to read as follows:

"Notwithstanding any other provisions of this Act, an employer shall not be required to pay contributions on any employee who is enrolled in an institution of higher education in this State and who is ineligible to receive benefits under this Act as a result of such enrollment; provided, however, that upon termination of such en rollment, employer contributions on such employees shall be re quired unless otherwise provided in this Act."

Section 9. Said Act is further amended by striking from para graph (8) of subsection (c) of Section 7 only the unnumbered paragraph appearing immediately following the Statewide Reserve Ratio table concerning tax increase, which unnumbered paragraph reads as follows:

"Provided, however, that such overall increase for any year shall not result in any employer whose contribution rate is 2.16 percent or less, as of the time of the application of the overall in crease, being charged a rate in excess of 3 percent; nor shall it result in any employer whose contribution rate is greater than 2.16 percent, as of the time of the application of the overall increase, being charged a rate in excess of 4.5 (4.5/10) percent.",

and substituting in lieu thereof the following paragraph:
"Provided, however, that such overall increase for any year shall not exceed two steps more than the prior year; provided fur ther, the computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth (1/100) of one percent (1 % )."
Section 10. Said Act is further amended by adding at the end of Section 9 a new subsection (f) to read as follows:
" (f) The Commissioner is hereby authorized to borrow funds from the United States Treasury in accordance to standards and regulations promulgated by the U.S. Department of Labor and pursuant to laws of the United States. Such authority is granted only to be used when or if the Georgia Unemployment Compensation Fund should be depleted, and all funds so borrowed shall be used only for the purpose of paying benefits to those persons eligible to receive such benefits."

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Section 11. Said Act is further amended by striking subsection (b) of Section 11, which read as follows:

"(b) Regulations and General and Special Rules. General and special rules may be adopted, amended, or rescinded by the Com missioner only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten days after filing with the Secretary of State and publication in one or more newspapers of general circulation in this State. Special rules shall become effective ten days after notification to or mailing to the last known address of the indi viduals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the Commissioner and shall become effec tive in the manner and at the time prescribed by the Commissioner.",
in its entirety.
Section 12. Said Act is further amended by striking the words "and general and special rules" where the same appear in subsection (c) of Section 11 so that when amended subsection (c) of Section 11 shall read as follows:

"(c) Publication. The Commissioner shall cause to be printed for distribution to the public the text of this Act, his regulations, his annual reports to the Governor, and any other material he deems relevant and suitable, and shall furnish the same to any person upon application therefor."

Section 13. Said Act is further amended by adding at the end of subparagraph (M) of paragraph (12) of subsection (h) of Section 19 the following:

"Provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be con sidered in employment for the purposes of this Act.",

so that when so amended, said subparagraph (M) of paragraph (12) of subsection (h) of Section 19 shall read as follows:

"(M) Service performed by a individual for an employer as an insurance agent or as an insurance solicitor or as a licensed real estate salesman, if all such service performed by such indi vidual for such employer is performed for remuneration solely by way of commission. Provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the em ployment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be considered in employment for the purposes of this Act."

Section 14. Said Act is further amended by adding between the figure "1972" and the word "have" where the same appear in paragraph

FRIDAY, MARCH 5, 1976

2977

(1) of subsection (n) of Section 19, the following:

", through December 31, 1975, and $6,000.00 beginning January 1, 1976,",

so that when so amended, said paragraph (1) of subsection (n) of Section 19 shall read as follows:

"(1) For the purposes of Section 7 of this Act, except para graphs (c) (2) and (8) thereof, and of subsection (a) of this Sec tion, that part of the remuneration which, after remuneration equal to $3,000.00 through December 31, 1971, and $4,200.00 beginning January 1, 1972 through December 31, 1975, and $6,000.00 beginning January 1, 1976, have been paid to an individual by an employer during any calendar year with respect to employment within this or any other State, is paid to such individual by such employer during such calendar year: Provided, further, that in cases of successorship of an employer the amount of wages paid by the predecessor shall be considered, for purposes of this provision, as having been paid by the successor employer; and".

Section 15. Said Act is further amended by striking the word "and" where it appears at the end of paragraph (3) of subsection (n) of Section 19 and inserting in lieu thereof the following:

"provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be con sidered as receiving wages in covered employment; and",

so that when so amended, said paragraph (3) of subsection (n) of Section 19 shall read as follows:

"(3) Payments made after July 1, 1966, as commission by a real estate broker to a licensed real estate salesman exclusively for the sale of real property; provided, however, effective January 1, 1976, and thereafter, such service performed by such person in the employment of any nonprofit organization or hospital or institution of higher education operated by the State or an instrumentality thereof shall be considered as receiving wages in covered employ ment; and".

Section 16. Said Act is further amended by adding the word, "or any governmental agency" at the end of the beginning language of sub section (x) of Section 19 where such language appears immediately preceding paragraph (1) of said subsection (x) so that when so amended the beginning language of subsection (x) of Section 19 shall read as follows:

" 'Most Recent Employer' means a bona fide legal entity liable for payment of the unemployment insurance tax or any govern mental agency".

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Section 17. Said Act is further amended by adding at the end of Section 19 a new subsection (y) to read as follows:

"(y) 'bona fide in the labor market'--This term as used in Section 4(c) of this Act shall mean that any person claiming ben efits under this Act must be available for full-time work, as that term is generally understood in the trade or work classification in
volved, without regard to prior work restrictions. Availability shall be for full-time continuous employment."

Section 18. Said Act is further amended by adding following Sectoin 20A a new Section to be designated Section 20B, to read as follows:

"Section 20B. The Commissioner of Labor shall have sole au thority and responsibility to negotiate for or to enter into any necessary agreements to lease any and all property needed for establishing and maintaining offices for administration of un employment claims and tax activities and training and placement activities prescribed in the Social Security Act, other Federal Acts and the Georgia Employment Security Act, and for all other pro grams for which he, as Commissioner of Labor, has responsibility for administering under present and future Federal laws or by contract."

Section 19. Said Act is further amended by adding following Sec tion 21 a new Section to be designated Section 21 A, to read as follows:

"Section 21A. In the event any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Act shall be ruled out of conformity with federal law by the United States Secretary of Labor, such section or subsection shall be null and void and of no force and effect. 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 out of conformity with federal law by the United States Secretary of Labor."

Section 20. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 21. This Act shall become effective upon signature of the Governor or otherwise, by law without his signature, with the ex ception of Sections 1, 3, and 4, which shall be effective April 1, 1976, and Section 5, which shall be effective July 1, 1976.

Section 22. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, MARCH 5, 1976
Senator Ballard of the 45th moved that the Senate adopt the . ^erence Committee Report on HB 1367.

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 Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Gillis Hamilton of 26th Hill Holloway Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Riley Robinson Shapard Stumbaugh Summers Thompson Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Dean of 6th Hamilton of 34th Howard

Hudson Reynolds Starr Stephens

Tate Traylor

Those not voting were Senators:

Barker Bond Duncan

Garrard Holley Hudgins

Kidd Russell Button

On the adoption of the Conference Committee Report, the yeas were 37, nays 10, and the Conference Committee Report on HB 1367 was adopted.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

The Conference Committee Report was as follows:
The Conference Committee on HB 1500 has met and submits the following recommendations:

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That the House and the Senate recede from their respective positions and adopt the attached substitute to HB 1500.
Respectfully submitted,

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Howard Rainey Representative, 135th District
/s/ Jerry D. Jackson Representative, 9th District
/s/ G. D. Adams Representative, 36th District

FOR THE SENATE
/s/ Hugh M. Gillis, Sr. Senator, 20th District
/s/ Mell Traylor Senator, 3rd District
/s/ W. Lee Robinson Senator, 27th District

Conference Committee Substitute to HB 1500:

A BILL
To be entitled an Act to amend an Act known as the "Georgia Boat Safety Act", approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended, so as to provide for certain definitions; to require certain water vessels to carry personal flotation devices; to require fire ex tinguishers for certain mechanically-propelled water vessels; to correct an incorrect reference; to require certain information to be carried on board livery boats; to require that the owner of numbered vessels provide the Department with certain information; to provide that cer tificates of number will become void upon the happening of specified events and to require their surrender; to require the removal of regis tration numbers under certain circumstances; to provide for Rules of the Road for water vessels; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Boat Safety Act", approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended, is hereby amended by adding a new subsection at the end of Section 3 to be designated subsection (m) to read as follows::

"(m) 'Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III or Type IV by the U.S. Coast Guard."

Section 2. Said Act is further amended by striking paragraphs (1) and (2) of subsection (d) of Section 8 in their entirety, inserting a new paragraph (1) in lieu thereof, and renumbering the remaining paragraph accordingly, said new paragraph (1) to read as follows:

FRIDAY, MARCH 5, 1976

2981

"(1) Every vessel shall be equipped with such number and type of personal flotation devices as may be provided for by rules and regulations promulgated by the Board of Natural Resources."

Section 3. Said Act is further amended by striking subsection (e) of Section 8 in its entirety and inserting in lieu thereof a new sub section (e) to read as follows:
"(e) Every mechanically-propelled vessel, except those less than 14 feet in length and 14 inches in depth which have no enclosed areas capable of entrapping flammable fumes, shall be equipped with such number, size and type of U.S. Coast Guard approved fire extinguishers, capable of promptly and effectually extinguishing burning gasoline as shall be specified by the Board of Natural Re sources, which fire extinguishers shall be at all time kept in con dition for immediate and effective use and shall be so placed as to be readily accessible. The Board of Natural Resources is hereby authorized to adopt and promulgate rules and regulations specifying the type and size of fire extinguishers to be used on each class of vessel."
Section 4. Said Act is further amended by adding a new subsection to Section 9 following subsection (b)to be designated (c) and to read as follows:
"(c) No livery boat, except those having a length of 16 feet or less with a depth of 16 inches or less, shall be operated by any person unless there is on board a copy of the rental agreement authorizing such operation showing the vessel number, the period of time the boat is authorized for use by such operator and any other pertinent information that the Department may require."
Section 5. Said Act is further amended by deleting subsection (i) of Section 6 in its entirety and substituting in lieu thereof the following:
"(i) Notice of transfer, theft or recovery, destruction or abandonment: The owner shall furnish the Department written notice of the transfer of all or of any part of his interest other than the creation of a security interest in a vessel numbered in this State pursuant to this Section, the theft or recovery of said vessel, or the destruction or abandonment of such vessel within fifteen days thereof."
i
Section 6. Said Act is further amended by adding a new subsection to Section 6 to be designated (1) and to read as follows:
"(1) A certificate of number once issued pursuant to this Sec tion shall be considered void upon the happening of any one of the following events:
(1) the vessel is documented under the laws of the United States; or

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(2) the owner transfers all his interest in said vessel to another person or involuntarily loses his interest through legal process; or

(3') the vessel is destroyed or abandoned; or

(4) it is discovered by the Department that the application submitted by the owner contains false or fraudulent information; or

(5) the fees for issuance are not paid by the applicant; or

(6) the State of principal use is changed.
A void certificate must be surrendered to the Department within fifteen days from the date that it becomes or is declared to be void."

Section 7. Said Act is further amended by adding a new subsection to Section 6 to be designated (m) and to read as follows:

"(m) The number placed on the forward half of the vessel by the owner must be removed by the owner if:

(1) the vessel is documented under the laws of the United States; or

(2) the certificate or number becomes invalid because it is determined that a false or fraudulent statement was made in the application or the fees have not been paid; or

(3) the vessel is no longer used in this State."

Section 8. Said Act is further amended by adding a new Section following Section 15, to be numbered Section 15A, to read as follows:

"Section 15A. Rules of the Road for Boat Traffic. The Board of Natural Resources is hereby authorized to adopt and promulgate rules and regulations providing rules of the road for boat traffic. In adopting such regulations the Board shall consider and may follow when applicable the 'Inland Rules of the Road', as stated in 33 U.S.C. 154, et seq., 232, 157a."

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, MARCH 5, 1976

2983

Senator Gillis of the 20th moved that the Senate adopt the Conference Com mittee Report on HB 1500.

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:

Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Howard 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 Young

Voting in the negative were Senators Dean of 6th and Dean of 31st.

Those not voting were Senators:

Ballard Barker Bond

Holley Hudgins Russell

Sutton Warren

On the adoption of the Conference Committee Report, the yeas were 46, nays 2, and the Conference Committee Report on HB 1500 was adopted.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Commission to advise the State Board of Education concerning the preparation of those persons who teach in the school systems or schools of this State; to provide an effective date.

The Conference Committee Report was as follows:

The Conference Committee on SB 569 recommends that both the Senate and the House of Representatives recede from their positions

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JOURNAL OF THE SENATE,

and that the attached Conference Committee Substitute to SB 569 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell Starr Senator, 44th District

/s/ Ben Barren Ross Representative, 76th District

/s/ J. Ebb Duncan Senator, 30th District

,/s/ John R. Carlisle Representative, 71st District

/s/ E. M. McDuffie Senator, 19th District

/s/ Warren D. Evans Representative, 84th District

Conference Committee Substitute to SB 569:

A BILL

To be entitled an Act to provide for the creation of a Professional Standards Commission to advise the State Board of Education concerning the preparation, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide for a short title; to provide for defini tions; to provide for the qualifications and appointment of the members of said Commission; to provide for recommendations by said Commission; to provide for meetings of said Commission; to provide for expenses; to provide for an administrative assistant; to provide for recommendations to the State Board of Education; to provide for funding; to provide that the Commission shall be attached to the Georgia Department of Education for administrative purposes only; to provide for other mat ters relative to the foregoing; to provide an expiration date; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as the "Georgia Professional Standards Act".

Section 2. Definitions. As used in this Act, the following terms shall have the meanings indicated:

(a) "Commission" means the Professional Standards Commission created by this Act.

(b) "Approved institution" means any institution approved by the State Board of Education.

(c) "Subject matter examination" means any objective examination recommended by the Commission as an instrument to measure subject matter knowledge.

FRIDAY, MARCH 5, 1976

2985

(d) "CESA" means a cooperative educational service agency as defined by Part IV of the Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), as now or hereafter amended.

(e) "In-service training (staff development)" means any program of teacher education or preparation offered jointly by a school system and an approved college or university or a CESA, or any combination of the foregoing, for the purposes of improving or upgrading a teacher's skills, knowledge or instructional methods which is offered for credit and is recommended by the Commission.

(f) "Authorization or assignment" means the designation appearing on the teaching certificate identifying the areas of instruction or service which the certificate holder is permitted to perform.

Section 3. Professional Standards Commission. There is hereby created a Professional Standards Commission, an advisory body to the State Board of Education, consisting of twenty members to be appointed by the Governor, subject to the provisions of Section 4 of this Act. The term of office of members of the Commission shall be five years; except that the Governor will designate terms of one, two, three or four years for each of four original members and a five year term for the remain ing four original members in order that the terms of four members shall expire each year thereafter. Members, except the four original appointees appointed to serve a term of one year, are not eligible for reappointment. Vacancies shall be filled for an unexpired term in the same manner as the original appointments. No person shall serve for more than one term as a member of the Commission, except that appointees to fill unexpired terms and original members appointed to serve a term of one year are eligible for reappointment for one full term. If a member for any reason discontinues employment in the category from which he or she was appointed that person is no longer eligible to serve on the Commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the Commission. The Governor may remove any member from the Commission for misconduct or malfeasance in office, incapacity or neglect of duty. All members of the Commission are to be confirmed by the Senate.

Section 4. Membership and Qualifications, (a) The membership of the Professional Standards Commission shall consist of:

(1) Nine teachers holding a valid professional certificate; including two classroom teachers assigned within the grades kindergarten through three, two classroom teachers assigned within the grades four through eight, two classroom teachers assigned within grades nine through twelve, one classroom teacher from a State or regionally accredited private school, one professional not assigned specifically to a classroom such as a reading teacher, a speech therapist or a counselor, and one professional assigned to an area vocational-technical school.

(2) Four administrators actively engaged in administration and holding a valid professional certificate.

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(3) Four faculty members from four State or regionally approved teacher education institutions. At least one such appointee shall be employed by a private institution and at least one appointee shall be employed by a public institution.

(4) One staff member of the Georgia Department of Education actively engaged in teacher education supervisory services.

(5) Two members of local boards of education.

(b) Appointments shall be made by the Governor from panels of at least three nominees for each position submitted by Georgians United for Education, and professional education organizations and other edu cation organizations selected by the Governor, except that the State Superintendent of Schools shall appoint the representative from the Georgia Department of Education. Such organizations will certify that panels include only representatives of the category of professional per sonnel for which the panel or panels of nominees are submitted.

(c) All members of the Commission, except representatives of teacher education institutions, members of local boards of education, and the representative of the Georgia Department of Education, shall hold valid professional Georgia teaching certificates and shall have been actively engaged in teaching or providing related educational, administrative or supervisory services in an approved school or approved institution of higher education with a State or regionally approved teacher education programs for at least three years immediately pre ceding appointment. All members of the Commission shall be residents of the State of Georgia.

Section 5. Recommendations, (a) The Commission may recommend to the State Board of Education standards and procedures for certifying educational personnel as qualified for a certificate to practice in the public schools of Georgia, and to support, facilitate and recommend functions and programs of preparation for the teaching profession, including the following:

(1) Standards for pre-service preparation;

(2) Standards for accreditation of teacher education programs;

(3) Standards for certification through in-service training (staff development);

(4) Objective, independently verifiable standards of measurement and evaluation of teaching competence as the basis for teacher certifica tion;

(5) Objective examinations as a measure of subject matter knowl edge for the purpose of certifying educational personnel;

(6) Criteria to be used in the activation of a committee in teacher education institutions for the purpose of screening candidates for both

FRIDAY, MARCH 5, 1976

2987

entry and continuation in' teacher training on the basis of academic, personal and emotional fitness for the profession.

(b) All certificates in force in this State at the time this Act becomes effective shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations or until their terms or conditions are modified by action of the State Board of Education.

(c) The Commission shall keep minutes of its meetings and make an annual written report available for inspection.

(d) The Commission shall not make any recommendations relating to compensation, benefits, or working conditions of educational personnel in the public schools of Georgia.

Section 6. Organization and Meetings of the Commission. The Com mission shall annually select from its membership a chairman and vice chairman by ballot. Meetings shall be held at the call of the chairman or upon the request in writing of a majority of the Commission. A majority of such quorum shall have authority to act upon any matter properly brought before the Commission.

Section 7. Expenses. Members of the Commission shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official Com mission business, but such expenses shall not exceed $36.00 per day and mileage at the same rate as State officials and employees. It is specifically provided, however, that no member of the Commission shall be reimbursed from any public funds for such expenses for more than twelve days during each calendar year. A member of the Commission who is an employee of an agency of the State, or any of its political subdivisions, including school systems, shall be permitted to attend Commission meetings and perform other Commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the Commission and employs a person to replace such member during his performance of Commission duties, or incurs other additional expenses as a result of such performance, shall be reimbursed for the actual amount of any costs so incurred.

Section 8. Administrative Assistant. The Commission shall have the authority to employ only an administrative assistant who shall serve as the executive officer and secretary to the Commission. Such administrative assistant shall be compensated in an amount not to exceed $18,000.00 per annum. Personnel of the State Department of Education may be utilized by the Commission subject to the approval of the State Superintendent of Schools.

Section 9. Functions of the Commission, (a) The office of certifi cation of the State Department of Education shall continue to evaluate transcripts and issue certificates based on State Board of Education approved standards for certificates.

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(b) The Commission shall follow policies consistent with general education objectives established under Georgia statutes or by the State Board of Education.

(c) The Commission shall have the authority to hear the public, the teaching profession and professional groups and associations on any matter of concern under the jurisdiction of the Commission.

(d) The Commission has the authority to recommend to the State Board of Education panels of educators, including public school class room teachers, to serve as members of teams visiting institutions and school systems having teacher education programs for purposes as sociated with the process of approving said programs by the State Board. The Commission shall also have the authority to review any report of such teams and to advise the State Board as to whether or not programs proposed for its approval meet its adopted criteria.

Section 10. Funding. The funds necessary to carry out the pro visions of this Act shall come from funds specifically appropriated or otherwise made available to the Professional Standards Commission created by this Act.

Section 11. Administrative Attachment to the Department of Edu cation. The Commission is assigned to the Georgia Department of Edu cation for administrative purposes only as prescribed in Section 3 of the "Executive Reorganization Act of 1972", approved April 6, 1972 (Ga. L. 1972, p. 1015).

Section 12. 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 Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 13. Effective Date and Expiration Date. This Act shall become effective on July 1, 1976, and this Act shall expire and stand repealed on June 30, 1979.

Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee Report on SB 569.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

FRIDAY, MARCH 5, 1976

2989

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 Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard Barker Bond

Holley Howard Lester

Russell Sutton. Warren

On the adoption of the Conference Committee Report, the yeas were 47, nays 0, and the Conference Committee Report on SB 569 was adopted.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 1706. 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 that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps.

The Conference Committee Report was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on HB 1706 has met and recommends that the House and Senate recede from their respective positions and

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JOURNAL OF THE SENATE,

that the attached Conference Committee Substitute to HB 1706 be adopted.
Respectfully submitted,

FOR THE SENATE
/s/ John R. Riley Senator, 1st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Marcus Collins Representative 144th District

/s/ Loyce D. Turner Senator, 8th District

/s/ Jack Connell Representative, 87th District

/s/ Paul C. Broun Senator, 46th District

/s/ Don Castleberry Representative, lllth District

Conference Committee Substitute to HB 1706.

A BILL

To be entitled an Act to amend an Act known as the "Revnue 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 provide that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps; to provide for certain procedures; to provide for approval of rules and regulations by a joint subcommittee of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding to Section 11 of said Act a new subsection (e), to read as follows:

"(e) Notwithstanding any other provision to the contrary, the State Revenue Commissioner may by regulation provide that the taxes imposed on all distilled spirits imported into this State or manufactured in this State may be collected by a reporting system rather than through the use of stamps. The State Revenue Com missioner may promulgate rules and regulations covering reports to be made; records to be kept; to prescribe penalties for failure to comply with such reporting system; to require posting of bond or other security satisfactory to the Commissioner and other matters pertaining to the administration and enforcement of collecting the tax under the reporting system. In the event the State Revenue Commissioner prescribes a reporting system for collection of taxes imposed on distilled spirits all of the laws applicable to revenue stamps shall apply to such reporting system so far as they can be made applicable.

FRIDAY, MARCH 5, 1976

2991

No rule or regulation promulgated by the State Revenue Com missioner as authorized in the first paragraph of this subsection shall become effective until such rule or regulation is approved by a joint subcommittee of the House Ways and Means Committee and the Senate Banking, Finance and Insurance Committee, con sisting of three members from each committee appointed by the respective chairmen thereof."

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 Turner of the 8th moved that the Conference Committee Report on HB 1706 be adopted.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby

Those voting in the negative were Senators:

Barnes

Dean of 31st

Pearce Reynolds Riley Robinson Shapard Summers Tate Timmons Traylor Turner Tysinger Young
Thompson

Those not voting were Senators:

Ballard Banks Barker Bond Duncan Fincher

Foster Holley Howard Hudgins Kidd Russell

Starr Stephens Stumbaugh Sutton Warren

On the adoption of the Conference Committee Report, the yeas were 36, nays 3, and the Conference Committee Report on HB 1706 was adopted.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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JOURNAL OF THE SENATE,

SB 522. By Senator McDowell of the 2nd:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws of this State relative to game and fish, so as to define certain terms; to prohibit taking of crabs under certain conditions.

The House amendment was as follows:
Amend SB 522 by adding between lines 18 and 19 on Page 2 a new Subsection numbered 6, to read as follows:
(6) "Commercial Quantities" means an amount equal to two bushels or more."

Senator McDowell of the 2nd moved that the Senate agree to the House amendment to SB 522.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Poster Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Hudson Kennedy Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Those not voting were Senators:

Ballard Banks (excused conferee) Barker Barnes (excused conferee) Bond

Broun of 46th Fincher Garrard Holley Howard (excused conferee) Hudgins

Riley Robinson Shapard Stumbaugh Summers Tate Thompson Traylor Turner Tysinger Warren Young
Kidd McDuffie Russell Starr Stephens Button Timmons

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 522.

FRIDAY, MARCH 5, 1976

2993

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 707. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year; to provide an effective date.

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 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.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 2107. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend an Act creating the office of Chatham County Tax Commissioner so as to change the provisions relating to fees or com pensation to the Chatham County Tax Commissioner for the collection of taxes levied for school purposes.

The following bill of the House was read the first time and referred to com mittee:

HB 2107. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend an Act creating the office of Chatham County Tax Commissioner, approved Feb. 8, 1955 (Ga. Laws 1955, p. 2210), as

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JOURNAL OF THE SENATE,

amended, so as to change the provisions relating to fees or compensation to the Chatham County Tax Commissioner for the collection of taxes levied for school purposes.
Referred to Committee on County and Urban Affairs.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 365 was as follows:
A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 24-2823, relating to sheriff's fees, as amended, is hereby amended by striking therefrom the following:

"Civil Cases

Serving copy of process and returning original,

per copy

. $ 7.50

Suit from another county, to be paid

in advance ............ ......................................._..--........._... 7.50

Summoning each witness .. .........._....._..._..._..........._........... 2.00

Each levy of fieri facias ____________________________________________________ 7.50

Search and return of nulla bona --.-....___.__.._-------...-.--.... 5.00

Serving summons of garnishment, or rule

against garnishee .................................._....................... 5.00

If more than one, for each additional copy ... ............... 2.00

Commissions on sales of property, on sums

of $50 or less, 5 per cent. On excess above

$50 up to $550, 2% per cent.

For all sums exceeding $550, on excess,

1 % percent. No commissions shall be

charged unless property is actually sold.

Making out and executing titles to land .__.-...___..._... ..... 7.50

If presented by purchaser ................_._............................. 5.00

Executing bill of sale to personal property,

when demanded by purchaser ._.................................. 5.00

FRIDAY, MARCH 5, 1976

2995

Forthcoming bonds

----------------------..

Serving process against tenant over, or

intruder upon land to dispossess them ________________,,

For dispossessing tenant or intruder --------......------

Taking and returning counter-affidavit

when summary process to dispossess tenant

or intruder is resisted ... ,,.---------- --

Settling each execution in his hands,

settled without sale --------------------.. --

Settling execution from justice's court ....--------...

Levying an attachment ---- --.-- ------ --

Following property out of county with attachment

for every mile going and returning ----------------

Attending, superior or city courts, per day _...............

Courts of ordinary, per day -- --

--.

At elections as required by law, each day .__.................

Collecting tax fi. fa.'s $100 or less, each ________________________

Collecting tax fi. fa.'s over $100, each _.......__.................

5.00
5.00 10.00
5.00
5.00 5.00 7.50
.12% 15.00 7.50 15.00 1.50 3.00",

and substituting in lieu thereof the following:

"Civil Cases

Serving copy of process and returning original,

per copy

.......... .4 10.00

Suit from another county, to be paid in

advance ----

----------------------

10.00

Summoning each witness ..-- ------------------ -- 3.00

Each levy or fieri facias _______,,______.___________.___.__________..___.___. 10.00

Search and return of nulla bona _______.____.__.....______..___..._. 7.50

Serving summons of garnishment, or rule

against garnishee

-- --....----....-- 7.50

If more than one, for each additional copy ___..__._____....... 3.00

Commissions on sales of property, on sums of

$50 or less, 7 percent. On excess above $50 up

to $550, 5 percent.

For all sums exceeding $550, on excess, 2

percent. No commissions shall be charged unless

property is actually sold.

Making out and executing titles to land ___.___.,,,,___.____ 10.00

If presented by purchaser ---------- -- .--. ___.___.___..... 7.50

Executing bill of sale to personal property, when

demanded by purchaser ----------------

--

7.50

Forthcoming bonds ------------------------------------ 7.50

Serving process against tenant over, or intruder upon land to dispossess them ------------__----_,,----__ 7.50

For dispossessing tenant or intruder ----------.... 10.00

Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted ---- ---------- -- ---------- 7.50

Settling each execution in his hands, settled without sale ______ ----------------------...------ ...... 7.50

Settling execution from justice's court ----.................. 7.BO

Levying an attachment _..------------...____--...._.._.--. 10.00

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JOURNAL OF THE SENATE,

Following property out of county with

attachment, for every mile going and

returning

......

...

Attending superior or city courts, per day ..............

Probate Courts, per day ............_.................................

At elections as required by law, each day .. ...... ..

Collecting tax fi. fa.'s $100 or less, each ... ... ...... ......

Collecting tax fi. fa.'s over $100, each . .. ... .. .... .. ...

.20 15.00 10.00 15.00 2.50 5.00."

Section 2. Said Code Section is further amended by striking there from the following:

"Criminal Cases

Removing prisoner when habeas corpus is sought for his relief ...... ................... ........... ..... .._.$
Removing prisoners under habeas corpus when no mileage is paid, per day ._................... ........ ....
Attending persons taken by warrant to judge's chamber, for each time ... .........
Conducting prisoner before judge or court to and from jail ......... ........
Executing and returning a bench warrant .---..._. ......... Apprehending a person suspected, if committed
or held to bail ................................................................ Summoning each witness ....................... Taking bonds in criminal cases .._._._._....__......_...___....__.._._. Executing a warrant of escape ............................. ....... Services in every criminal case before a
judge or a judge and jury ... .. ..... ............... .. ....

7.50
7.50
2.00
2.00 8.00
8.00 2.00 6.00 5.00
5.00",

and inserting in lieu thereof the following:

"Criminal Cases

Removing prisoner when habeas corpus is sought for his relief ._...._....._................................. _..$ 10.00
Removing prisoners under habeas corpus when no mileage is paid, per day ................--...----...... ... 10.00
Attending persons taken by warrant to judge's chamber, for each time .................. . ........ 3.00
Conducting prisoner before judge or court to and from jail ................................................................ 3.00
Executing and returning any warrant ....... .......... ......... 10.00 Serving any warrant ..... ..................... ....--._..................... 10.00
Summoning each witness --.-.---.......--...--......--......--.--.- 3.00
Taking bonds in criminal cases ..-.............-............--.---.. 7.50
Executing a warrant of escape ............_...._...............__..... 7.50
Services in every criminal case before a judge or a judge and jury ....._........_................._....... 7.50."

Section 3. All costs provided for under the provisions of Code Sec tion 24-2823 shall be paid at the Clerk's office at the time of filing.

FRIDAY, MARCH 5, 1976

2997

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Pearce of the 16th moved that the Senate agree to the House substi tute to SB 365.

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 Broun of 46th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Hudgins Hudson Kennedy Langford Lester Lewis McDowell

Overby Pearce Riley Shapard Stumbaugh Tate Thompson Timmons Turner Tysinger Young

Those not voting were Senators:

Barker Bond Brantley Brown of 47th (excused conferee) Carter Fincher Foster Hill

Holley Howard Kidd (excused conferee) McDuffie McGill Reynolds (excused conferee)

Robinson Russell Starr Stephens Summers Button Traylor Warren

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 365.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 area; to provide a short title; to provide a declaration of purposes; to provide definitions.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Code Chapter 88-6; to provide a declaration of purpose; to provide a statement of the policy, responsi-

2998

JOURNAL OF THE SENATE,

bility and goals of the State in mental health and mental retardation; to provide definitions; to establish within the Department of Human Resources a Division of Mental Health and Mental Retardation and a Director thereof; to provide the powers and duties of the Department and the Division in mental health and mental retardation; to establish Community Mental Health and Mental Retardation Service Areas; to define the responsibility of County Boards of Health in planning mental health and mental retardation services; to provide for State and area mental health and mental retardation plans; to define the role of State institutions in mental health and mental retardation services; to provide for a unified system of mental health and mental retardation services; to provide for coordination with other health and social agencies; to provide the power of the Division of Mental Health and Mental Retardation of the Department of Human Resources to im plement delivery of mental health and mental retardation services; to establish State and Area Advisory Councils for mental health and mental retardation and the duties thereof; to provide for the financing of mental health and mental retardation services; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 88-6, relating to Mental Health, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 88-6 to read as follows:

"Chapter 88-6. Mental Health and Mental Retardation Services.

88-601. Declaration of Purpose, (a) It is the policy of the State of Georgia to provide adequate mental health and mental retardation services to all citizens of this State through the Department of Human Resources and the County Boards of Health. It is further the policy of the State of Georgia to provide adequate mental health and mental retardation services through a unified system which encourages cooperation and resource sharing among service providers, both governmental and private. Further, the State of Georgia recognizes the responsibility for its citizens who are mentally ill, mentally retarded or suffer certain developmental dis abilities, including epilepsy, cerebal palsy, autism, and other neurologically handicapping conditions, abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services.

(b) It is the purpose of this Act to enable and encourage the Department of Human Resources and the County Boards of Health to develop comprehensive, preventive, early detection, rehabilitative, and treatment services; to improve and expand community pro grams for the disabled; to provide continuity of care through inte gration of county, area, regional, and State services and facilities for the disabled; to provide for joint services and the sharing of man power and other resources; and to restructure the system of pro-

FRIDAY, MARCH 5, 1976

2999

viding mental health and mental retardation services in the State of Georgia to make better use of the combined resources of the State and local communities and to remove the financial limitations of the counties as a major obstacle in the development of effective community mental health and mental retardation programs.

(c) The provisions of this Chapter shall be liberally construed to achieve the foregoing objectives.

88-602. Definitions. Unless otherwise indicated by context, the terms used in this Chapter shall have the following meaning:

(a) 'Department' shall mean the Department of Human Re sources;

(b) 'Division' shall mean the Division of Mental Health and Mental Retardation of the Department;

(c) 'Commissioner' shall mean the Commissioner of the De partment;

(d) 'Director' shall mean the Director of the Division;

(e) 'County Board' shall mean a County Board of Health estab lished in accordance with the Georgia Code Chapter 88-2 or the Constitution of this State;

(f) 'Disability' shall mean mental or emotional illness; mental retardation; other neurologically handicapping conditions which re quire treatment similar to that for the mentally retarded, including epilepsy, cerebal palsy, and autism; or the abuse, addiction to or dependence upon alcohol, narcotics or other drugs;

(g) 'The Disabled' shall mean any person or persons who have a disability;

(h) 'Mental Health and Mental Retardation Services' shall mean services to the disabled or services which are designed to prevent or ameliorate the effect of disability;

(i) 'Area' shall mean a Community Mental Health and Mental Retardation Service Area.

88-603. Powers and Duties of the Department and the Division. There shall be a Division of Mental Health and Mental Retardation within the Department of Human Resources and a Director thereof whose qualifications meet standards set by the Board of Human Resources. The Department through the Division shall:

(a) Establish, administer and supervise the State program for mental health and mental retardation;

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JOURNAL OF THE SENATE,

(b) Direct, supervise and control the medical and physical care, treatment and rehabilitation provided by the institutions and pro grams under its control, management or supervision;

(c) Provide, promote and mandate written standards, rules and regulations as may be deemed necessary to effectuate the purposes of this Chapter and which shall be the basis of State financial par ticipation in programs;

(d) Have authority to contract for services with public or private hospitals; hospital authorities; medical schools, training and educational institutions; departments and agencies of the State; county or municipal governments; and person, partnership, corpo ration, association, public or private; the United States Government or the government of any other state;

(e) Establish and support programs for the training of pro fessional and technical personnel;

(f) Conduct research into the causes and treatment of dis ability and into the means of effectively promoting mental health;

(g) Assign specific responsibility to one or more units of the Division for the development of a program for the prevention of disability which program shall have objectives and implementation plans including but not limited to the monitoring of completed and on-going research related to the prevention of disability, implemen tation of programs known to be preventive and testing, where practical, of those measures having a substantive potential for the prevention of disability;

(h) Assign specific responsibility to one or more units of the Division which unit shall develop programs designed to serve dis abled infants, children and youth and which unit shall, to the extent practicable, cooperate with the Department of Education and the University System of Georgia in developing such programs;

(i) Make and administer grants to County Boards to imple ment community mental health and mental retardation programs in accordance with approved area plans;

(j) Evaluate the efficacy of the State program through the regular assessment of the impact of the program upon individuals receiving treatment;

(k) Establish, operate, supervise and staff programs and facilities for the treatment of disability throughout the State of Georgia;

(1) Disseminate information setting forth available services and the facilities through which services may be obtained;

FRIDAY, MARCH 5, 1976

3001

(in) Establish within the Division a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the Director as a result of complaints received and assure that the rights of individuals receiving services are fully protected; and

(n) Exercise all powers and duties provided in this Chapter or which may be deemed necessary to effectuate the purposes of this Chapter.

88-604. Community Mental Health and Mental Retardation Service Areas. The Division shall with the approval of the Com missioner designate Community Mental Health and Mental Re tardation Service Areas within the State of Georgia for the purpose of organizing the planning for and delivery of mental health and mental retardation services. To the extent practicable the Com munity Mental Health and Mental Retardation Service Areas shall not subdivide any county unit, conflict with the health service areas established by the National Health Planning and Resources Develop ment Act of 1974 (Public Law 93-641 [42 USC 300(k)]) or related areas established by federal legislation or regulation, or conflict with any districts established by the Department relating to the plan ning for or delivery of health services. In dividing the State into areas the Division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city, town and county lines, other relevant community services, and community economic and social relation ships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of mental health and mental retardation services.

88-605. Responsibility of County Boards in Planning. The County Boards in an Area shall jointly submit to the Division, to the Area Council, and to the appropriate Health Systems Agency a biennial plan at a time and in a manner determined by the Division. Such plans shall include, by way of illustration without limitation, the following:

(a) An estimate, categorized by age group, of the number of citizens residing in the Area who require mental health and mental retardation services as defined in Section 88-606 of this Chapter;

(b) A description of all physical facilities both governmental and private, available or which must be constructed to provide mental health and mental retardation services;

(c) An analysis of present physical facilities which may be converted to mental health and mental retardation facilities;
(d) An analysis of mental health and mental retardation pro fessional and other staff personnel available within the area;

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JOURNAL OP THE SENATE,

(e) A description in order of priority of all proposed programs and services to be provided in the Area by the County Boards or by the Division which description shall specifically address, by way of illustration without limitation, those services set forth in Sec tion 88-606(b) of this Chapter;

(f) A proposed staff roster of professional, technical, and other employees who may be hired to provide necessary services;

(g) An analysis of the opportunity for coordination of services with other agencies as provided in Section 88-609 of this Chapter;

(h) A statement of the means by which the Area Council created in Section 88-611 of this Chapter will be provided with staff assistance and its operating expenses will be defrayed; and

(i) A detailed financial plan showing the costs of providing necessary services and all sources of revenue.

88-606. State and Area Mental Health and Mental Retardation Plans, (a) The Division shall notify the County Boards at least six months in advance of the date for submission of the plans re quired in Section 88-605 of this Chapter and shall assist the County Boards in the preparation of the plans.

(b) The Division shall formulate and publish biennially a State plan for Mental Health and Mental Retardation which shall take into account the area mental health and mental retardation plans submitted by the County Boards as required by Section 88-605 of this Chapter. The State Mental Health and Mental Retardation Plan shall be comprehensive and shall include institutional and community services to the disabled. Services to be addressed in the State plan shall include, by way of illustration without limitation, the following:

(1) 'Out-patient Services' which are provided during day and early evening hours including diagnostic and evaluation services;

(2) 'Day and other Partial Hospitalization Programs' which are structured treatment services which provide alternatives to res idential services and include detoxification centers, night or week end care and other mental health services;

(3) 'Day Training and Work Activity Centers' for the retarded or other disability groups;

(4) 'Residential Services' which are hospital in-patient units, group homes, respite care facilities, rehabilitation residences, family care homes, nursing homes, and other twenty-four hour treatment and care facilities for patients for whom out-patient or day treat ment services alone are not appropriate or feasible;

FRIDAY, MARCH 5, 1976

3003

(5) 'Emergency Services' which are crisis intervention programs which include hospital emergency rooms, walk-in services, twentyfour hour counseling, and crisis visitation services;

(6) 'Consultation Services' to agencies, professionals, and others who are involved with mental health and mental retardation serv ices including health professionals, schools, courts, law enforcement agencies, correctional and detention facilities, clergy, health and social service agencies, and other appropriate individuals or agencies;

(7) 'Education Services' to increase general awareness of serv ices available and provide workshops and other forums for promotion of mental health;

(8) 'Training Services' to increase the mental health and mental retardation skills of employees and volunteers; and

(9) All other services which may be added to the State pro gram upon determination of the Division.

(c) The plan shall further address appropriate means to provide continuity of care so to facilitate the movement of individuals receiving services from one element of service to another thereby eliminating to the extent possible obstacles and needless interrup tions in treatment.

(d) The plan shall further set forth the proposed annual budget of the Division taking into account all financial data supplied pur suant to Section 88-605(i) of this Chapter.

(e) The plan shall be submitted to the Department, the Gov ernor, the General Assembly, the State Advisory Council, the Area Advisory Councils, and the Statewide Health Coordinating Council.

(f) In the event that the Division modifies the provisions of an Area plan submitted in accordance with the provisions of Section 88-605, the Division shall upon request of the County Boards in the Area or the Area Council explain the considerations resulting in the modification.

(g) At such time as the State plan is submitted, the Division shall further submit an analysis of services provided, programs instituted, progress made and the implementation of the prior plan during the previous two years which analysis shall measure the effectiveness and the efficiency of the methods of delivering services in ameliorating or preventing disability and restoring mental health. This analysis shall further address the success of the Division in coordinating services in accordance with the provisions of Section 88-609 of this Chapter.

88-607. State Institutions. The Division shall direct all insti tutions under its jurisdiction and control to participate in the plan-

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JOURNAL OP THE SENATE,

ning processes undertaken by the County Boards located in the service regions of the various institutions. The Division shall further direct all institutions under its jurisdicton and control to develop and execute written agreements with the County Boards in providing services in Community Mental Health and Mental Re tardation Service Areas. Such agreement shall include methods for reducing unnecessary hospitalization in State institutions.

88-608. Unified System of Services. The County Boards and the Division shall assure that the State and area mental health and mental retardation services are a part of a unified mental health and mental retardation services program emphasizing community based services.

88-609. Coordination with other Agencies. To the maximum extent possible, services by the Division and County Boards shall be coordinated with judicial, correctional, educational, social and other health services agencies both private and public.

88-610. Power of the Division to Implement Delivery of Mental Health and Mental Retardation Services. Notwithstanding any other provisions of law, the Director of the Division, with the concurrence of the Commissioner and the Governor, is authorized to establish and administer area and community mental health and mental re tardation programs on an emergency basis in the event one or more County Boards fail to assume responsibility for the establishment and implementation of an adequate program.

88-611. State and Area Advisory Councils, (a) The Governor shall appoint and provide staff assistance to a State Advisory Council for Mental Health and Mental Retardation. Such Council shall consist of no more than thirty but no less than fifteen members who shall be representative of professional and lay individuals, organizations, and State agencies associated or involved with serv ices for the disabled and which members shall be fairly representa tive of all disability groups. The term of each member of the Council shall be for three years; provided, however, that of the members first appointed ten shall be appointed for one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The Director shall be an ex officio, nonvoting member.

The provisions of this Section to the contrary notwithstanding, the Council shall not be appointed in any manner conflicting with Section 237 or other provisions of the Special Health Revenue Shar ing Act of 1975 (Public Law 94-63) or any regulations promulgated pursuant thereto.

The Council shall advise the Governor, the Board of Human Resources, the Department, the Division, and the Statewide Health Coordinating Council as to the efficacy of the State mental health and mental retardation program, the need for mental health and mental retardation legislation, the need for expansion or reduction of specific programs, and the need for specific changes in the State

FRIDAY, MARCH 5, 1976

3005

mental health and mental retardation program. The Council shall review and prepare written comments on proposed State plans and on standards, rules and regulations promulgated by the Division which comments shall be submitted to the Director and to any other individual or agency deemed appropriate. The Council shall further receive and consider complaints and grievances submitted in writing by individuals, associations or agencies involved with the delivery or receipt of mental health and mental retardation services and shall, if deemed appropriate, make recommendations to the Gov ernor, the Board of Human Resources, the Department or the Divi sion with respect to such complaints or grievances.

(b) There shall be created in each of the Areas established under Section 88-604 an Area Mental Health and Mental Retardation Advisory Council, hereinafter called 'Area Council', which shall consist of no more than thirty but no less than fifteen members and which membership shall be composed of individuals who reside in the Area and who, as a group, represent the residents of the Area taking into consideration their employment, age, sex, place of resi dence and other demographic characteristics of the area and which membership shall further be fairly representative of all disability groups. The Area Council shall be appointed by the Director subject to the approval of the State Advisory Council. Appointments shall be made from individuals nominated by the District Health Director or the designee of the Director of the Division, which nominess shall reflect those criteria set out above.

The provisions of this Section to the contrary notwithstanding, the Area Council shall not be appointed in any manner conflicting with Section 201 or other provisions of the Special Health Revenue Sharing Act of 1975 (Public Law 94-63) or any regulations promul gated pursuant thereto. The term of each member of the Council shall be for three years; provided, however, that of the members first appointed ten shall be appointed for one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointments for unexpired terms. The Area Council shall have the following powers and duties:

(1) Review and comment on the Area plans required under Section 88-605 of this Chapter giving particular emphasis to as suring that all types of disability as defined in Section 88-602(f) of this Chapter are adequately addressed and that the plan realis tically considers financial support relative to the current program as well as long-term development;

(2) Submit to the State Advisory Council a written evaluation of the Area plan within three months after receipt thereof;

(3) Hold meetings at least quarterly which shall be publicized in advance to encourage the attendance of Area residents and which shall be conducted in accordance with rules and procedures adopted by the Area Council to the extent that the Director has not promul gated rules in conflict therewith;

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(4) Submit annual reports to the County Boards, the Division, the State Advisory Council and such other agencies or individuals deemed appropriate which report shall evaluate the effectiveness of mental health and mental retardation services in the area;

(5) Act as the representative of the citizens of the Area in regard to mental health and mental retardation services;
(6) Receive and consider complaints and grievances submitted in writing by individuals, associations or agencies involved with the delivery or receipt of mental health and mental retardation services and, if deemed appropriate, make recommendations to the County Boards in the area;

(7) Assure the highest achievable level of public awareness of available mental health and mental retardation services; and

(8) Visit regularly mental health and mental retardation facilities which serve the Area to evaluate the effectiveness of the facilities in delivering services.

(c) To the extent practicable the Area Council shall be the sole advisory council for mental health and mental retardation services in the Area and the State Advisory Council the sole such Council for the State.

88-612. Financing, (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of mental health and mental retardation care through a unified system of services. To this end, the Department through the Division shall, to the maximum extent possible, allocate funds available for services so to provide an adequate mental health and mental retardation program available to all citizens of this State.

(b) Fees generated, if any, by State employees assigned to dis ability programs operated by County Boards shall be retained by the County Boards and applied against the cost of providing mental
health and mental retardation services."

Section 2. Effective Date. All sections of this Act shall become effective upon signature by the Governor.

Section 3. 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 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 ad
judged invalid or unconstitutional.

FRIDAY, MARCH 5, 1976

3007

Section 4. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate agree to the House substi tute to SB 208.

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 Broun of 46th 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 Langford Lester Lewis McDowell Overby Pearce

Riley Robinson Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Barker Bond Brantley Brown of 47th (excused conferee) Carter

Hill Holley Kidd (excused conferee) McDuffie McGill

Reynolds (excused conferee) Russell Starr Button Traylor

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 208.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 478. By Senator Holloway of the 12th: A bill to amend an Act relating to a health insurance plan for State employees, so as to authorize the State Personnel Board to execute a contract or contracts with one or more corporations licensed to transact business in this State.
The House substitute to SB 478 was as follows:
A BILL
To be entitled an Act to amend an Act relating to health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961,

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JOURNAL OP THE SENATE,

p. 147), as amended, so as to authorize the State Personnel Board to execute a contract or contracts relative to the providing of administra tive services in connection with a self-insured health insurance plan for State employees; to provide for 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 relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by adding a new paragraph at the end of Section 6, to read as follows:

"Notwithstanding any other provisions of this Act to the con trary, the Board is hereby authorized to execute a contract or con tracts with one or more insurers authorized to transact accident and sickness insurance in this State or with one or more hospital service nonprofit corporations, nonprofit medical service corpora tions, health care corporations or independent adjusters authorized or licensed to transact business in this State, to provide adminis trative services in connection with a self-insured health insurance plan for State employees."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th moved that the Senate agree to the House substitute to SB 478.

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 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 Holloway Howard Hudson Kennedy Langford Lester Lewis McDowell McGill Overby Pearce Riley

Robinson Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, MARCH 5, 1976

Those not voting were Senators:

Barker Bell Bond Brantley Carter Duncan (excused conferee)

Hill Holley Hudgins Kidd McDuffie (excused conferee) Reynolds

3009
Russell Starr (excused conferee) Sutton

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 478.

The following resolutions of the Senate were read and adopted:

SR 478. By Senators Lewis of the 21st, Gillis of the 20th, McGill of the 24th and others:
A resolution commending Honorable Joe Kennedy.

SR 479. By Senator Dean of the 31st: A resolution commending Mr. Roy Anderson.

SR 480. By Senator Dean of the 31st: A resolution commending Mr. Bobby Hopper.

SR 481. By Senator Dean of the 31st:
A resolution commending the staff and employees of Rockmart-Aragon Hospital.

SR 482. By Senator Dean of the 31st:
A resolution commending Mr. Omer Meritt, Deputy Forest Ranger for Polk and Haralson Counties.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 673. By Senators Bell of the 5th, Stumbaugh of the 55th, Holloway of the 12th and others:
A bill to amend Code Chapter 26-29, relating to crimes involving danger ous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the pro visions relating to penalties; to provide for exceptions.

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The House substitute to SB 673 was as follows:

A BILL

To be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the provisions relating to penalties; to provide for exceptions; to change the provisions relating to knives and firearms; to change the provisions relating to deadly weapons at public gatherings; to change the provisions relating to the crime of carrying a pistol without a license; to change the penalties for carrying a pistol without a license; to change the provisions, practices, procedures, fees and requirements relative to licenses to carry pistols or revolvers; to provide for forms; to provide that no license shall be granted to certain persons; to pro vide for other matters relative to the foregoing; to provide an effective date; to provide for continuing licenses in effect which were issued prior to the effective date; to provide for severability; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 26-29, relating to crimes involving danger ous instrumentalities and practices, as amended, is hereby amended by striking Code Section 26-2901 in its entirety and inserting in lieu thereof a new Code Section 26-2901, to read as follows:

"26-2901. Carrying a concealed weapon. A person commits the crime of carrying a concealed weapon when he knowingly has or carries about his person, outside of his home, or place of business, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character, except as hereinafter permitted under this Section. Upon conviction of the crime of carrying a concealed weapon, he shall be punished as follows:

(a) for the first offense, he shall be guilty of a misdemeanor and, upon conviction, he shall be punished by imprisonment for not more than 12 months and may be fined in an amount not to exceed $1,000;

(b) for the second offense, and for any subsequent offense, he shall be guilty of a felony and, upon conviction, shall be imprison ed for not less than one year and not more than five years.

The provisions of this Section shall not, outside of his home, motor vehicle, or place of business, permit the carrying of a pistol, revolver, or concealable firearm by any person unless he has on his person a valid license issued under Code Section 26-2904, and such pistol, revolver or firearm may only be carried in a shoulder or waist belt holster, hipgrip or any other similar device, handbag, purse,

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3011

attache case, brief case or other closed container. Carrying on the person in a concealed manner other than as provided herein shall not be permitted and shall be a violation of this Section.

The provisions of this Section shall not forbid the transporta tion of any firearm by a person who is not among those enumerated as ineligible for a license under Section 26-2904, provided such fire arm is enclosed in a case, unloaded, and separated from the ammu nition therefor. The provisions of this Section shall not forbid the transportation of a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment of said vehicle."

Section 2. Said Code chapter is further amended by striking Code Section 26-2902 in its entirety and substituting in lieu thereof a new Code Section 26-2902, so that Section 26-2902 shall read as follows:

"26-2902. Deadly weapons at public gatherings. A person com mits a misdemeanor when he carries to or while at a public gather ing any explosive compound, firearm, or knife designed for the pur pose of offense and defense. For the purpose of this Section, 'public gathering' shall include, but shall not be limited to: athletic or sporting events, schools or school functions, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Provided, however, that this Sec tion shall not apply to competitors participating in organized sport shooting events. Provided, however, law enforcement officers, judges, and district attorneys may carry pistols in publicly owned or operated buildings."
Section 3. Said Code Chapter is further amended by striking Code Section 26-2903 in its entirety and inserting in lieu thereof a new Code Section 26-2903, to read as follows:
"26-2903. Carrying pistol without license. A person commits the crime of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or to persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when said persons have the permission of the owner of the land on which said activities are being conducted, and further provided that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. Upon conviction of the crime of carrying a pistol without a license, he shall be punished as follows:
(a) for the first offense, he shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than 12 months and may be fined in an amount not to exceed $1,000;

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(b) for the second offense, and for any subsequent offense, he shall be guilty of a felony and, upon conviction, shall be imprisoned for not less than one year nor more than five years."

Section 4. Said Code Chapter is further amended by striking Code Section 26-2904 in its entirety and inserting in lieu thereof a new Code Section 26-2904, to read as follows:

"26-2904. License to carry pistol or revolver, (a) The judge of the probate court of each county may, on application under oath and on payment of a fee of fifteen dollars, issue a license, either in term time or during vacation, valid for a period of three years, to residents of that county, authorizing- them to carry any pistol or revolver. Applicants shall submit the application for a license to the judge of the probate court on forms prescribed and furnished free of charge to such persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his eligibility under this Section, but shall not require nonpertinent nor irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Act. Such forms shall be furnished to each judge of each probate court within the State at no cost. No license shall be granted to:
(1) any person under 21 years of age;

(2) any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor or violation of Sections 26-2901, 26-2902 or 26-2903 of this Chapter until such time as the proceedings are adjudicated; or
(3) any person who has been convicted of a forcible felony and has not been free of all restraint or supervision in connection there with for at least ten years, or any person who has been convicted of a forcible misdemeanor or a nonforcible felony and has not been free of all restraint or supervision in connection therewith for at least five years, or any person who has been convicted of a violation of Sections 26-2901, 26-2902 or 26-2903 of this Chapter and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the applica tion.

If an individual has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his application it shall be at the discretion of the probate judge considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient to issue the license. Following completion of the application the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the com pleted application. The appropriate local law enforcement agency in each county shall then make one set of classifiable fingerprints

FRIDAY, MARCH 5, 1976

3013

of such applicant for a license to carry a pistol or revolver, and shall also place the fingerprint required by subsection (d) on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court and shall place the name of the applicant on such blank license form. No fee shall be charged the applicant by the sheriff's department or law enforcement agency for this service.

(b) Each law enforcement agency, upon receiving such ap plications and obtaining such fingerprints, shall promptly conduct a thorough search of their records and records to which they have access, and shall notify the judge of the probate court within 20 days, by telephone and in writing, of any findings relating to the applicant which may bear on his eligibility for a license under the terms of this Section. When no derogatory information is found on the applicant bearing on his eligibility to obtain a license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than thirty days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications and is of good moral character and has complied with all the requirements contained herein.

(c) If at any time during the period for which the license was issued, the judge of the probate court of the county wherein said license was issued shall learn or have brought to his attention in any manner any reasonable ground to believe the licensee is not eligible to retain the said license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Sections 26-2901, 26-2902 or 26-2903. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of their official duties, shall be guilty of a misdemeanor and, upon conviction, shall be pun ished as for a misdemeanor. It shall be required that any license holder under this Section shall have in his possession his valid license whenever he is carrying a pistol or revolver under the authority granted by this Section, and his failure to do so shall be prima facie evidence of a violation of Section 26-2903. Loss of any license issued in accord with this Section, or damage to such license in a"ny manner which shall render it illegible, shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for, and shall take custody of, and destroy, a damaged license; and in any case in which a license has been lost, he shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. A fee of three dollars shall be charged by the judge for such services.

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(d) Licenses issued as prescribed in this Section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1A, inches long, and 2% inches wide. Each shall be serially numbered within the county of issuance, and shall bear the full name, actual residence address, birthdate, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used, but shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, the probate court in which issued, and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 26-2902, as amended.

(e) Deliberate alteration or the counterfeiting of such a license card shall constitute a felony, and upon conviction, shall be punish able by imprisonment for a period of not less than one nor more than five years."

Section 5. This Act shall apply to all licenses to carry a pistol issued or renewed on and after July 1, 1976. Any such licenses issued before such date, which are valid, are hereby continued in force and effect until the date of their expiration as shown on such licenses.

Section 6. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 7. 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 673.

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

Brantley Broun of 46th Brown of 47th Coverdell

Dean of 31st Doss Duncan Garrard

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3015

Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Langford Lester

Lewis McDowell Overby Pearce Reynolds Riley Robinson Shapard Stephens

Stumbaugh Summers Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Dean of 6th and Eldridge.

Those not voting were Senators:

Barker Bond Carter Fincher Foster Gillis

Hill Holley Kidd McDuffie McGill Russell

Starr Sutton Tate Thompson

On the motion, the yeas were 38, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 673.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 707. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that in no instance shall the assessors consider the highest and best use of the property to be other than its actual and existing use as of January 1 of the tax year; to provide an effective date.

The House substitute to SB 707 was as follows:
A BILL
To be entitled an Act to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, particularly by an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), so as to provide for additional requirements relative to the meaning of fair market value; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-5702, relating to the meaning of "fair market value", as amended, particularly by an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), is hereby amended by adding at the end thereof a new paragraph to read as follows:

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"When the valuation placed on the property of a taxpayer by the county board of tax assessors is appealed to the county board of equalization in the manner provided by law and the valuation placed on such property by the county board of tax assessors is reduced by the county board of equalization, then the valuation placed on such property by the county board of equalization, or the valuation placed on such property on appeal to the superior court if the determination made by the board of equalization is appealed to the superior court in the manner provided by law, shall be the fair market value of such property for the tax year in which the deter mination is made and for future tax years, except to the extent that the value of such property changes in future tax years because of economic conditions, and the county board of tax assessors shall use the valuation placed on such property by the county board of equalization, or by appeal to the superior court, as the case may be, as the base valuation to which any future adjustments to valuation caused by economic conditions shall be applied."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate agree to the House substi tute to SB 707.

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 Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Lester Lewis McDowell Overby Pearce Reynolds

Riley Robinson Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Bond Carter Fincher Hill

Holley Holloway Kidd Langford McDuffie

McGill Russell Starr Sutton

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 707.

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3017

Senator Warren of the 43rd moved that the following resolution of the House, having been lost and reconsidered on March 5, be placed on the Senate Rules Calendar todav.

HR 591. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the justices of the peace in DeKalb County shall have jurisdiction.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Brantley Reynolds

Stumbaugh Button

Those voting in the negative were Senators:

Banks Barnes Broun of 46th Brown of 47th Coverdell Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McGill Overby Pearce

Those not voting were Senators:

Ballard Barker Bell Bond

Carter Dean of 6th Fincher Hill

Tysinger Warren
Riley Robinson Russell Shapard Starr Stephens Summers Tate Thompson Timmons Traylor Turner Young
Holley McDowell McDuffie

On the motion, the yeas were 6, nays 39, and the motion was lost.
The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:
SB 162. By Senators Fincher of the 54th and McDowell of the 2nd: A bill to amend an Act approved Mar. 2, 1953, 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 Prac tical Nurses.

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The Conference Committee Report was as follows:

The Conference Committee on SB 162 has met and makes the follow ing recommendations:

That the House and the Senate recede from their respective posi tions and that the attached Conference Committee Substitute to SB 162 be adopted.
Respectfully submitted,

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
Rudolph Johnson Representative, 72nd District
John D. Russell Representative, 64th District

FOR THE SENATE
/s/ Steve Reynolds Senator, 48th District
/s/ M. Parks Brown Senator, 47th District
/s/ Culver Kidd Senator, 25th District

Conference Committee Substitute 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 "licensed vocational nurse"; to strike the word "practical" and insert in lieu thereof the word "licensed vocational" in said Act; to change the qualifications for licensure and examination as a licensed vocational nurse; to authorize the Board of Licensed Vocational Nurse Examiners to enjoin persons from practicing professional nursing with out a license; to make the practice of professional nursing without a license a public nuisance; to further define and delineate permissible functions of a licensed vocational nurse; to provide for the publication of an annual roster of licensed vocational nurses; to abolish the ad visory committee created by said Act; to create a Board of Licensed Vocational 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 regula tions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), as amended, is hereby amended by striking the word "practical" wherever

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it may appear in said Act, or in any amendments thereto, and inserting in lieu thereof the word "licensed vocational" 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 Licensed Voca tional Nurse Examiners", "The Board of Examiners of Licensed Voca tional Nurses", or "Licensed Vocational Nurse".

Section 2. Said Act is further amended by striking in its entirety Section 2, relating to qualifications of applicants for licensure, and in serting in lieu thereof, the following:

"Section 2. No person shall engage in practice as a licensed vocational nurse without obtaining a license as hereinafter pro vided. All applicants for a license to practice as a licensed voca tional nurse shall make application through the Joint Secretary of the State Examining Boards. An applicant for such license shall submit to the Board of Licensed Vocational 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 ap plicant 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 licensed vocational 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 vocational nurse" and the abbreviation "L.V.N." by persons not licensed by the Board of Licensed Vocational Nurse Examiners, the following new paragraph:

"Any person who shall engage in the practice of Licensed Vo cational Nursing within the meaning of this Act without being licensed by the Board of Licensed Vocational Nurse Examiners, or who shall hold himself out as a Licensed Vocational Nurse or 'L.V.N.' without being so licensed, may be enjoined from such con duct by the Board of Licensed Vocational 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 exempt ed from the provisions of this Act. The practice of Licensed Voca tional Nursing without securing the proper license from the Board of Licensed Vocational Nurse Examiners is hereby declared to be a public nuisance, harmful to the public health, safety, and wel fare.",

so that when so amended, said Section shall read as follows:

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JOURNAL OF THE SENATE,

"Section 7. Any person issued a license shall have the right to use the title 'Licensed Vocational Nurse' and the abbreviation therefor, 'L.V.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 Vocational Nurse. Any person so doing shall be guilty of a misde meanor and upon conviction thereof shall be punished as for a misdemeanor.

Any person who shall engage in the practice of Licensed Voca tional Nursing within the meaning of this Act without being licensed by the Board of Licensed Vocational Nurse Examiners, or who shall hold himself out as a Licensed Vocational Nurse or 'L.V.N.' without being so licensed, may be enjoined from such conduct by the Board of Licensed Vocational 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 per sons 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 Vocational Nurs ing without securing the proper license from the Board of Licensed Vocational Nurse Examiners is hereby declared to be a public nuisance, harmful 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 Vocational Nurse", the following paragraph:
"A Licensed Vocational 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 Licensed Vocational Nurse Examiners and approved by the Composite State Board of Medical Examin ers.",
so that when so amended, said Section shall read as follows:
"Section 8. A licensed vocational 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 subacute, convalescent and chronic patients in their own homes or in institutions, or who works under the direction of a licensed physi cian or registered professional nurse. Any hospital with fifteen beds or more may qualify to train practical nurses provided they do not train over one nurse per year for every eight hospital beds. Hos pitals giving this training for practical nurses must include in their course a minimum of 600 hours' class work and 800 hours' practical experience during a period of 12 months.

A Licensed Vocational 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 Licensed Vocational Nurse Examiners and approved by the Composite State Board of Medical Examiners."

FRIDAY, MARCH 5, 1976

3021

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 Licensed Vocational Nurse Examiners, the following sentence:

"The Board of Licensed Vocational Nurse Examiners shall pub lish annually a roster of all nurses currently licensed as Licensed Vocational 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 Licensed Vocational Nurse Examiners of Georgia, upon proper application. The Board of Licensed Vocational Nurse Examiners shall publish annually a roster of all nurses currently licensed as Licensed Vocational Nurses in the State of Georgia."

Section 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 Medi cal Association of Georgia, and one representative from the Voca tional 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 without com pensation and shall recommend to the Governor ten practical nurses who shall be registered as practical nurses following the recom mendation 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 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.",

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and inserting in lieu thereof, the following:

"The Board of Licensed Vocational Nurse Examiners shall con sist 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 Asso ciation of Licensed Practical Nurses, Inc., the Licensed Practical Nurses Association of Georgia, any successor association, or any other Statewide association of practical or licensed vocational nurses may submit as many as five names each to the Governor as recom mendations for filling any vacancy on the Board of Licensed Voca tional Nurse Examiners. The members of the board shall receive the sum of $36.00 for each day of service devoted to their official duties, plus reimbursement for mileage. 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 Licensed Vocational 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 Kidd of the 25th moved that the Senate adopt the Conference Com mittee Report on SB 162.

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

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 Holloway Howard Hudgins
Hudson Kennedy
Kidd
Langford Lester
Lewis McGill
Overby Pearce

Reynolds Riley Robinson Shapard Starr
Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Young

FRIDAY, MARCH 5, 1976

3023

Those not voting were Senators:

Ballard Barker Bond Fincher

Hill Holley McDowell McDuffie

Russell Stephens Tate Warren

On the adoption of the Conference Committee Report, the yeas were 44, nays 0, and the Conference Committee Report on SB 162 was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:

SB 562. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Section 88-204, relating to the powers of county boards of health, as amended, so as to authorize county boards of health to make contracts and establish fees for the purpose of providing mental and other public health services; to provide no person shall be denied services on the basis of inability to pay.

SB 703. By Senator Broun of the 46th:
A bill to add one additional judge of the superior courts of Western Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

SB 590. By Senators McDuffie of the 19th and Gillis of the 20th:
A bill to add one additional judge of the superior courts of the Oconee Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of suc cessors to the judge initially appointed.

SB 697. By Senator Ballard of the 45th:
A bill to amend an Act providing that it shall be unlawful for any person to fire or discharge any firearm on Sunday with certain ex ceptions, so as to change the provisions relative to exceptions.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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JOURNAL OF THE SENATE,

SB 697. By Senator Ballard of the 45th:
A bill to amend an Act providing that it shall be unlawful for any person to fire or discharge any firearm on Sunday with certain exceptions, so as to change the provisions relative to exceptions.

The House amendment was as follows:

Amend SB 697 by inserting the words, "The provisions of this Act shall not apply to any landowner on his own land." on line 65 following the words "national gun club."

Senator Ballard of the 45th moved that the Senate agree to the House amend ment to SB 697.

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 Brantley Brown of 47th Carter Coverdell Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Langford Lester Lewis McGill Overby

Pearce Riley Robinson Shapard Starr Stephens Stumbaugh Summers Timmons Traylor Turner Warren Young

Those voting in the negative were Senators Dean of 31st and Sutton.

Those not voting were Senators:

Barker Bond Broun of 46th Dean of 6th Fincher

Hill Holley Kidd McDowell McDuffie

Reynolds Russell Tate Thompson Tysinger

On the motion, the yeas were 39, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SB 697.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

FRIDAY, MARCH 5, 1976

3025

SB 590. By Senators McDuffie of the 19th and Gillis of the 20th:
A bill to add one additional judge of the superior courts of the Oconee 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.

The House amendment to SB 590 was as follows:

Amend SB 590 by striking from line 20 of Page 1 the following:

"April 1, 1976",

and inserting in lieu thereof the following:

"November 1, 1976"; and

by striking from line 23 of Page 1 and from line 25 of Page 1 the following:

"April 1, 1976",

and inserting in lieu thereof the following:

"November 1, 1976"; and

by striking from line 23 of Page 1 the following:

"December 31, 1976",

and inserting in lieu thereof the following:

"December 31, 1978"; and

by striking from line 3 of Page 2 the following: "1976",

and inserting in lieu thereof the following: "1978"; and
by striking from line 4 of Page 2 the following: "1977",

and inserting in lieu thereof the following: "1979"; and

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JOURNAL OF THE SENATE,

by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:

"Section 10. This Act shall become effective on November 1, 1976."

Senator Gillis of the 20th moved that the Senate agree to the House amend ment to SB 590.

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 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 Langford Lester Lewis McGill
Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Barker Bond Broun of 46th Duncan Fincher

Hill Holley Kidd McDowell McDuffie

Russell Tate Tysinger

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 590.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 562. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Section 88-204, relating to the powers of county boards of health, as amended, so as to authorize county boards of health to make contracts.

FRIDAY, MARCH 5, 1976

3027

The House amendment to SB 562 was as follows:

Amend SB 562 as follows:

(1) By striking on line 10 of Page 1, the following:

"Commissioner of Human Resources",

and substituting in lieu thereof, the following:

"District Director of Health".

(2) By adding following the word "shall" on line 13 of Page 2, the following:
"also".

(3) By striking beginning on line 13 of Page 2, the following:
"first by the Commissioner of Human Resources prior to implementation",
and substituting in lieu thereof the following:
"by the District Director of Health".

Senator Starr of the 44th moved that the Senate agree to the House amend ment to SB 562.

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 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 Langford Lester Lewis McGill Pearce

Reynolds Riley Russell Shapard Starr Stephens Summers Sutton Thompson Timmons Traylor Turner Warren Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Barker Bond Duncan Fincher Hill

Holley Kidd McDowell McDuffie Overby

Robinson Stumbaugh Tate Tysinger

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 562.

Senator Warren of the 43rd moved that the Senate discharge Conference Committee No. 2 and appoint Conference Committee No. 3 on the following bill of the House:

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brantley Coverdell Dean of 6th

Foster Kennedy Lester McDuffie McGill

Sutton Traylor Tysinger Warren

Those voting in the negative were Senators:

Banks Barnes Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge Garrard Gillis Hamilton of 26th

Hamilton of 34th Holloway Howard Hudgins Hudson Kidd Langford Lewis Overby Pearce Riley Robinson

Russell Shapard Starr Stephens Summers Tate Thompson Timmons Turner Young

Those not voting were Senators:

Barker Bond Fincher

Hill Holley McDowell

Reynolds Stumbaugh

On the motion, the yeas were 14, nays 34, and the motion was lost.

FRIDAY, MARCH 5, 1976

3029

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:

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 "persons liable for cost of care".

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 703. By Senator Broun of the 46th: A bill to add one additional judge of the superior courts of Western Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.
The House amendment was as follows:
Amend SB 703 as follows:
by striking from line 3 of Page 2 the following: "the effective date of this Act",
and inserting in lieu thereof the following: "November 1, 1976"; and
by striking from line 4 of Page 2 the following: "December 31, 1976",
and inserting in lieu thereof the following: "December 31, 1978; and
by striking from line 10 of Page 2 the following: "1976",

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JOURNAL OF THE SENATE,
and inserting in lieu thereof the following: "1978"; and
by striking from line 11 of Page 2 the following: "1977",
and inserting in lieu thereof the following: "1979"; and
by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. This Act shall become effective on November 1, 1976."

Senator Broun of the 46th moved that the Senate agree to the House amend ment to SB 703.

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 Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Garrard Hamilton of 26th Hamilton of 34th Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Voting in the negative was Senator Langford.

Those not voting were Senators:

Barker Bond Fincher Gillis

Hill Holley Hudgins McDuffie

Stumbaugh Warren

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 703.

FRIDAY, MARCH 5, 1976

3031

The following bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereto:

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension; to repeal conflicting laws.

The Conference Committee Report was as follows:

The Conference Committee on SB 463 recommends that both the Senate and the House of Representatives recede from their respective positions and that the attached Conference Committee Substitute to SB 463 be adopted.

Respectfully submitted,

FOR THE SENATE:
,/s/ Jimmy Lester Senator, 23rd District
,/s/ AI Holloway Senator, 12th District
/s/ J. Ebb Duncan Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank Pinkston Representative, 100th District
/s/ C. W. Edwards Representative, 20th District
/s/ Bobby Sigman Representative, 74th District

Conference Committee Substitute to SB 463:

A BILL
To be entitled an Act to amend Code Section 57-119, relating to in terest rates on loans of $100,000.00 or more, so as to authorize borrowers to act freely and without legislative restriction or limitation as to inter est rates in borrowing or obtaining or using sums of $25,000.00 or more whether originally or by renewal or extension; to define "eligible for purchase"; to provide that no discount points shall be charged to the borrower under any loan of $25,000.00 or more; to provide that those loans which are either guaranteed by the Veterans Administration, insured by the Federal Housing Administration or which are eligible for purchase by the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association or the Government National Mortgage Association shall be exempt from any interest rate limitation specified by law; to provide that an origination fee may be charged under any loan of $25,000.00 or more; to provide for severability; to provide an ef fective date; to provide an expiration date of June 30, 1978; to provide that upon the expiration of this Act, Code Section 57-119 shall read as it did on January 1, 1976; to declare and provide for legislative intent

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JOURNAL OF THE SENATE,

for the revival of Code Section 57-119 as it existed on January 1, 1976; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 57-119, relating to interest rates on loans of $100,000.00 or more, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 57-119, to read as follows:

"57-119. Notwithstanding any contrary provision of law, any person (and for the purpose of this Code Section, the term 'person' shall include but not be limited to individuals, a group of individuals, corporations, trust, partnerships, limited partnerships, joint ven tures, joint enterprises, joint arrangements, labor organizations, associations, or other entities of any nature whatsoever) may in writing agree to pay, and may pay, such rate of interest as such person may determine, contract for, or agree to, on any loan, any advance of money, any forbearance to enforce a claim for the col lection of money, any purchase price, any installment obligation or any obligation under which the principal balance t:> be repaid is $25,000.00 or more, or on any series of advances of money pursuant to a loan agreement or undertaking if the total principal balance to be repaid thereunder shall originally be $25,000.00 or more, or on any extension or renewal thereof, and as to any such transaction the claim or defense of usury by such person or its successor or anyone in its behalf is prohibited. There shall be no restrictions on the amount of interest which may be paid under the laws of the State of Georgia on any loan of $25,000.00 or more; provided, how ever, that the borrower shall not be charged discount points in con nection with any loan of $25,000.00 or more; provided, further, that loans which are guaranteed by the Veterans Administration pur suant to the provisions of Public Law 85-857 (72 Stat. 1203), or insured by the Federal Housing Administration pursuant to the provisions of Sub-Chapter II of Chapter 13 of Title 12 of the United States Code Annotated, or eligible for purchase by any one of the following: the Federal Home Loan Mortgage Corporation pursuant to the provisions of Public Law 91-351, Title III, Section 305 (84 Stat. 454), as amended by Public Law 93-383, Title VIII, Sections 805 (a) and (b) (88 Stat. 726), as further amended by Public Law 93-495, Title I, Section 113 (88 Stat. 1506) or the Government Na tional Mortgage Association or the Federal National Mortgage Asso ciation pursuant to the provisions of Sub-Chapter III of Chapter 13 of Title 12 of the United States Code Annotated, shall be excluded from the limitation of any maximum rate of interest specified by law; provided, further, however, that the amounts paid to or con tracted to be paid to the lender by persons other than the borrower shall not be considered interest and shall not be taken into account in the calculation of interest. Notwithstanding any other provisions of this Code Section to the contrary, the borrower may be charged an origination fee (such as a loan fee, a service charge, an initial charge, or any similar charge by whatever name called) which origination fee is not in excess of two percent (Z'/< ) of the principal amount of the loan.

FRIDAY, MARCH 5, 1976

3033

In this Code Section unless the context otherwise requires:

(a) 'Eligible for purchase' shall mean that the loan is evidenced and secured by a note and security deed whose forms are authorized or permitted by either the Federal Home Loan Mortgage Corpora tion, the Government National Mortgage Association or the Federal National Mortgage Association.

(b) For the purpose of this Code Section, it is declared to be the intent of the Legislature and the existing law of Georgia that the rate of interest shall be computed upon the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term. Any sums of money reserved or taken for the loan or forbearance which are in the nature of and taken into account in the calculation of interest, even though paid at one time, shall be spread over the stated term of the loan for the purpose of determining the rate of interest permissible under this Code Section."

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, and shall ex pire at 12:00 o'clock midnight on June 30, 1978, at which time Code Section 57-119 shall read as it did on January 1, 1976. It is hereby de clared to be the intention of the General Assembly that Code Section 57-119 as it existed on January 1, 1976, shall automatically be revived at 12:01 a.m. on July 1, 1978, without any further action by the General Assembly.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate adopt the Conference Committee Report on SB 463.

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:

Brantley Carter Duncan

Foster Gillis Hamilton of 26th

Holloway Hudgins Kennedy

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Kidd Lester Lewis McDuffie

JOURNAL OF THE SENATE,

McGill Pearce Riley Russell

Summers Turner

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss

Eldridge Garrard Hamilton of 34th Howard Hudson Langford McDowell Overby Reynolds Robinson

Shapard Starr Stephens Sutton Tate Thompson Timmons Traylor Tysinger Young

Those not voting were Senators:

Barker Bond Fincher

Hill Holley

Stumbaugh Warren

On the adoption of the Conference Committee Report, the yeas were 19, nays 30, and the Conference Commiteee Report on SB 463 was rejected.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereto:
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.
The Conference Committee Report was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on SB 389 has met and recommends that

FRIDAY, MARCH 5, 1976

3035

the House and Senate recede from their respective positions and that the attached Conference Committee Substitute to SB 389 be adopted.

FOR THE HOUSE OF REPRESENTATIVES:
/s/ W. W. Larsen, Jr. Representative, 119th District
/s/ G. D. Adams Representative, 36th District
/s/ Tom Taggart Representative, 125th District

Respectfully submitted,
FOR THE SENATE
/s/ Ed Garrard Senator, 37th District
/s/ H. Norwood Pearce Senator, 16th District
,/s/ Frank Eldridge, Jr. Senator, 7th District

Conference Committee Substitute to SB 389:

A BILL
To be entitled an Act to specify certain basic rights for law enforce ment officers; to provide definitions; to provide for the right of law enforcement officers to engage in political activity; to provide the conditions under which certain investigations or interrogations of a law enforcement officer shall be made by a law enforcement agency; to pro vide that law enforcement officers shall not be prohibited from bringing certain suits; to authoriEe law enforcement officers to comment on adverse materials to be placed in their files; to prohibit the requiring or requesting of law enforcement officers to disclose certain information; to provide for a hearing before an investigating committee before certain actions are taken against a law enforcement officer; to provide for the conduct of such hearings; to provide for appeals from decisions rendered by investigating committees; to prohibit certain actions against law enforcement officers; to provide for the enforcement of the rights pro vided under this Act by the superior courts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Definitions. As used in this Act, the following terms shall have the following meanings:

"Law enforcement officer" means any person who, in his official capacity, is authorized by law to make arrests and who is a member of one of the following law enforcement agencies: the Police Department, bureau or force of any incorporated city or town or the Police Depart ment, bureau or force of any county or consolidated governmental body, and the Georgia State Patrol. Such term does not include an officer serving in a probationary status except when allegations of brutality in the execution of his duties are made involving an officer who is in a probationary status.

The provisions of this Act do not apply to the sheriffs of the State of Georgia or to persons serving at their pleasure.

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"Hearing Board" means a Board which is authorized by the chief to hold a hearing on a complaint against a law enforcement officer and which consists of not less than three (3) members, all to be appointed by the chief and selected from law enforcement officers within that agency, or law enforcement officers of another agency with the approval of the chief of the other agency, and who have had no part in the in vestigation or interrogation of the law enforcement officer. At least one member of the Hearing Board shall be of the same rank as the law enforcement officer against whom the complaint has been filed.

"Hearing" means any meeting in the course of an investigatory proceeding, other than an interrogation, at which no testimony is taken under oath, conducted by a Hearing Board for the purpose of taking or adducing testimony or receiving other evidence.

"Summary punishment" is punishment imposed by the highest rank ing officer of a unit or member acting in that capacity, which may be imposed when the facts constituting the offense are not in dispute. Summary punishment may not exceed three days' suspension without pay or a fine of $150.

"Chief" means the superintendent, commissioner, chief of police, or sheriff of a law enforcement agency, or the officer designated by the official.

Section 2. Right to engage in political activity. A law enforcement officer has the same right to engage in political activity as is afforded to any State employee. This right to engage in political activity shall not apply to any law enforcement officer when he is on duty or when he is acting in his official capacity.

Section 3. Procedure to be followed at interrogation or investiga tion. Whenever a law enforcement officer is under investigation or sub jected to interrogation for a purpose other than enforcement of the criminal laws of this State by a law enforcement agency, for any reason which could lead to suspension from active duty without pay in excess of 5 days, demotion or dismissal, the investigation or interrogation shall be conducted under the following conditions:

(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer is on duty, unless the seriousness of the investigation is of such a degree that an immediate interrogation is required.

(b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct or police unit in which the incident allegedly occurred, as designated by the investigating officer, unless otherwise waived by the law enforce ment officer.

(c) The law enforcement officer under investigation shall be in formed of the name, rank and command of the officer in charge of the investigation, the interrogating officer, and all persons present during

FRIDAY, MARCH 5, 1976

3037

the interrogation. All questions directed to the officer under interroga tion shall be asked by and through one interpreter.

(d) No complaint against a law enforcement officer, alleging brutality in the execution of his duties, shall be investigated unless the complaint shall be duly sworn to before an official authorized to admin ister oaths.

(e) The law enforcement officer under investigation shall be in formed in writing of the nature of the investigation prior to any interro gation, and of the names of all witnesses.

(f) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reaonably necessary.

(g) The law enforcement officer under interrogation shall not be threatened with transfer, dismissal, or disciplinary action.

(h) A complete record, either written, taped or transcribed, shall be kept of the complete interrogation of a law enforcement officer, in cluding all recess periods. A copy of the record shall be available to the officer or his counsel upon request.

(i) At the request of any law enforcement officer under interroga tion, he shall have the right to be represented by counsel or any other responsible representative of his choice who shall be present at all times during the interrogation, unless such right is waived by the law enforce ment officer. The interrogation shall be suspended for a reasonable time until representation can be obtained.

(j) No law shall abridge nor shall any law enforcement agency adopt any regulation which prohibits the right of a law enforcement officer to bring suit arising out of his duties as a law enforcement officer.

(k) No law enforcement agency shall insert any adverse material into any file of the officer, except the file of the internal investigation or the intelligence division, unless the officer has an opportunity to review, sign, receive a copy of and comment in writing upon the adverse material, unless the officer waives these rights.

Any law enforcement officer who shall be under investigation or interrogation and who is subject to the provisions of this Section may waive any and all rights and provisions of this Section.

Section 4. Disclosure by officer of property, income. No law en forcement officer shall be required or requested to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his family or household) unless such information is necessary in investigating a pos sible conflict of interest with respect to the performance of his official duties, or unless such disclosure is otherwise required by law.

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Section 5. Hearing before demotion, dismissal, transfer, (a) If the investigation or interrogation of a law enforcement officer results in the recommendation of demotion, dismissal, transfer, loss of pay or reassignment, then, before taking such action, the law enforcement agency shall give notice to the law enforcement officer that he is entitled to a hearing on the issues by a Hearing Board. The notice shall state the time and place of the hearing and the issues involved. An official record, including testimony and exhibits, shall be kept of the hearing.

(b) The hearing shall be conducted by the Hearing Board of the law enforcement agency by which the law enforcement officer is em ployed. Both the law enforcement agency and the law enforcement offi cer shall be given ample opportunity to present evidence and argument with respect to the issues involved. Both such parties may be represented by counsel.

(c) Evidence which possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs shall be admissible and shall be given probative effect. The Hearing Board con ducting the hearing shall give effect to the rules of privilege recognized by law, and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All records and documents which any party desires to use shall be offered and made a part of the record. Documentary evidence may be received in the form of copies or excerpts, or by in corporation by reference.

(d) Every party shall have the right to cross-examine adverse wit nesses who testify, and may submit rebuttal evidence.

(e) The Hearing Board conducting the hearing may take notice of judicially cognizable facts and, in addition, may take notice of gen eral, technical or scientific facts within its specialized knowledge. Parties shall be notified beforehand of the material so noticed.

(f) With respect to the subject of any investigation or hearing conducted pursuant to this Act, the chief may administer oaths or af firmation and examine any individual under oath.

(g) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in the superior court. Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the law enforcement agency.

Section 6. Decision or order; findings of fact; recommendations for action. Any decision, order or action taken as a result of the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the decision or order and accompanying findings and conclu sions, along with written recommendations for action, shall be delivered or mailed promptly to the law enforcement officer or to his attorney or representative of record.

FRIDAY, MARCH 5, 1976

3039

Section 7. Appeals. Appeal from decisions rendered in accordance with Sections 5 and 6 shall be taken pursuant to Georgia State laws.

Section 8. Retaliation for exercising rights. No law enforcement officer shall be discharged, disciplined, demoted or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to his employment or be threatened with any such treatment, by reason of his exercise of or demand for the rights granted in this Act, or by reason of the lawful exercise of his constitutional rights.

Section 9. Application to superior court for show cause order. Any law enforcement officer who is denied any right afforded by this Act may apply, either individually or through his certified or recognized employee organization, to the superior court of the county where he resides or is regularly employed for any order directing the law enforce ment agency to show cause why the right should not be afforded.

Section 10. Crimes and punishments, (a) The provisions of this Act are not intended to prohibit summary punishment or emergency suspension by higher ranking law enforcement officers as may be desig nated by the head of a law enforcement agency.

(b) Summary punishment may be imposed for minor violations of departmental rules and regulations when:

(1) The facts which constitute the minor violation are not in dispute;

(2) The officer waives the hearing provided by this Act; and

(3) The officer accepts the punishment imposed by the highest ranking officer or the unit to which the officer is attached.

(c) Emergency suspension may be imposed by the chief when it appears that the action is in the best interest of the public and the law enforcement agency. Any person so suspended shall be entitled to a prompt hearing.

Section 11. The provisions of this Act are not intended to restrict, limit or affect in any way criminal investigations conducted with a view toward enforcement of the criminal laws of the State of Georgia, and each and all of the provisions hereof shall be construed accordingly.

Section 12. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Garrard of the 37th moved that the Senate adopt the Conference Committee Report on SB 389.

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 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 Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Barnes Bond

Duncan Fincher Hill

Holley Stumbaugh

On the adoption of the Conference Committee Report, the yeas were 48, nays 0, and the Conference Committee Report on SB 389 was adopted.

The following resolution of the House was taken up for the purpose of considering the Conference Committee Report thereto:

HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that appointments to fill vacancies on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term; to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person.

FRIDAY, MARCH 5, 1976

3041

The Conference Committee Report was as follows:

Mr. President:

Mr. Speaker:

The Conference Committee on HR 196 has met and recommends that the House recede from its position and that HR 196 as passed the Senate with the Senate amendments be adopted.

FOR THE SENATE
/s/ Peter L. Banks Senator, 17th District
/s/ Howard T. Overby Senator, 49th District
/s/ Floyd Hudgins Senator, 15th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lynn Gammage Representative, 17th District
/s/ Herbert Jones, Jr. Representative, 126th District
/s/ Jack Irvin Representative, 10th District

Senator Overby of the 49th moved that the Senate adopt the Conference Committee Report on HR 196.

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 Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Sutton Thompson Timmons Traylor Turner Tysinger Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Bond Duncan Fincher Hill Holley

Howard Hudgins Hudson Langford Russell Stephens

Stumbaugh Summers Tate Warren

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On the adoption of the Conference Committee Report, the yeas were 39, nays 1, and the Conference Committeee Report on HR 196 was adopted.

The President addressed the Senate, and his remarks were as follows:

Before the final gavel falls and this 1976 session of the General Assembly of Georgia becomes history, your President begs your indul gence in a few personal remarks.

It has been a most pleasant and satisfying duty to preside over the deliberations of this Senate for the past two years.

I share your pride in the quality and quantity of substantive legisla tion which we have considered and shaped and in the depth and dignity of the debates on it.

Divisions of personalities and petty politics which have characterized some Senates in the past have been avoided.

Decorum has been improved significantly.

And the greatest degree of independence this body has ever known has been achieved.

I, like you, had hoped that this session would be able to count among its achievements the submission to the voters of Georgia of a constitu tional amendment to give the Senate complete independence through the power to elect its own presiding officer. And it is most disappointing that the House of Representatives has seen fit to deny the Senate the same degree of independence it insists upon having itself.

But we can be pleased that, while little notice has been given to it, we have made the Office of Lieutenant Governor more meaningful by creating the Economic Development Council and making the Lieutenant Governor chairman of it. Authored by a House member, Tom Glanton, this legislation will place the Lieutenant Governor where both Governor Busbee and I said in our campaigns we wanted the office to be--in the forefront of seeking new industry and planning and achieving economic growth and prosperity for this State.

You have created a number of important interim panels. Although such committees often are given a bad press, they are an essential part of the legislative process and it has been my observation that they are the sources of most of the progressive legislation subsequently enacted at regular sessions of the General Assembly.

I am looking forward to appointing these committees and to working closely with them in their deliberations during the remainder of the year.

Unfortunately, there is one committee which will not function this year as it did not function last year. I refer to the Tax Revision Study Commission which the Senate voted overwhelmingly to create last year

FRIDAY, MARCH 5, 1976

3043

and which was bottled up last year by the House of Representatives and killed by its Rules Committee this year. I hope you will join me in serving notice that we are not going to give up on this even if the House of Representatives and the Govenor continue to refuse to provide lead ership on it.

Future progress and prosperity for Georgia demand that we have comprehensive tax reform and revision from the city hall and county courthouse to the State Capitol.

We must devise a modern and equitable tax structure for govern ment at all levels in Georgia if the essential functions of public service are to be carried out as we wish them to be in the years immediately ahead.

In addition to the matter of achieving its full independence, the Georgia Senate has two other great needs.

The first is for an expanded research staff to provide the commit tees and individual senators with the definitive data essential to intelli gent legislating.

And the second is for more space for senators, committees and staffs.

With the Department of Banking and Finance soon to relinquish its offices in the Capitol, there will be some additional space available for the General Assembly later this year and I want to assure you that I will fight to see that the Senate gets it share.

I think you have been the best Senate Georgia ever has had and I like to think that I, as your President, have had some small role in the attaining of that pinnacle.

You are going to be remembered for many progressive and con structive things--none more than your insistence upon opening up the deliberations of conference committees to the sunshine of public scrutiny.

It is hard to imagine as we see conference committees meeting with reporters present and work on the appropriations bill being finished with a full day to spare that it was just a year ago that we were hearing much wailing and many dire predictions that the Senate was going to make it impossible for conference committees to function.

Well, they are functioning--more effectively and efficiently than before--and all Georgia is the better for it.
This Senate did that, and don't you let anybody forget it!
No one ever will know how much anguish and turmoil our State has been spared because this Senate had the vision, humanity and courage to insist upon the elimination of the arbitrary, demeaning and unrealistic $32.00 cap on average welfare payments.

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JOURNAL OF THE SENATE,

This Senate did that, and I hope you will take deserved pride in it.

And there are many other achievements which could be cited but I think those two deserve to be singled out because they epitomize the high standards of responsible government and public conscience which this Senate has come to represent in the minds of Georgians.

As your presiding officer, I have tried to be fair, open-minded and one who has respected opposing viewpoints. I have endeavored to advo cate my position through logical argument and persuasion rather than through threats of reprisals and intimidation.

Some may have interpreted this as weakness on my part and, cer tainly, there have been times when I have not been able to accomplish what I wished because of this approach.

But I say to that, a presiding officer should not resort to such methods and I believe you will agree with me that this Senate's out standing record of legislative accomplishment speaks more eloquently than anything I might say that better results come from reason rather than from fear.

Thank you for all the courtesies you have shown me as your Presi dent, and please call on me for whatever service I or my office can render to you or your constituents in the months ahead.

You return to your districts and constituents with a great record on which each of you can stand--and run--with pride.

I wish you good luck and Godspeed--until we meet again.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 Ga. Department of Human Re sources, approved March 23, 1960, as amended, so as to change the definitions of "persons liable for cost of care".
The House substitute to SB 203 was as follows:
A BILL
To be entitled an Act to amend an Act providing for the payment of the cost of care of persons admitted or committed to certain State institutions, approved March 23, 1960 (Ga. Laws 1960, p. 1138), as amended by an Act approved March 3, 1966 (Ga. Laws 1966, p. 143),

FRIDAY, MARCH 5, 1976

3045

an Act approved April 14', 1967 (Ga. Laws 1967, p. 546), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 826), so as to change certain definitions; to change the provisions relative to the payment of the cost of care of a patient from insurance, government, employment and other benefits; to provide for the payment of the cost of care by certain persons from certain sources; to change the provisions requiring certain persons to pay the cost of care of patients; to change billing procedures; to change collection procedures; to provide for rules and regulations; 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 GEORGIA:

Section 1. An Act providing for the payment of the cost of care of persons admitted or committed to certain State institutions, approved March 23, 1960 (Ga. Laws 1960, p. 1138), as amended by an Act ap proved March 3, 1966 (Ga. Laws 1966, p. 143), an Act approved April 14, 1967 (Ga. Laws 1967, p. 546), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 826), is hereby amended by striking Section l(c) in its entirety and substituting in lieu thereof a new Section l(c) to read as follows:

"(c) 'Persons liable for cost of care' shall mean the patient or his estate and any person, trust, estate or other legal entity which receives or is entitled to receive payment for the cost of care of a patient from any insurance contract, from governmental or employ ment benefit programs, or from any similar source."

Section 2. Said Act is further amended by striking Section l(d) in its entirety and substituting in lieu thereof a new Section l(d), to read as follows:

"(d) 'Cost of care' shall mean the per diem cost of the support, care and treatment of the patient, determined by daily operating expenditure, not including capital improvements, investment, and depreciation, for furnishing the particular type of support, care and treatment the patient is receiving, including the actual or per diem cost of treatment, diagnosis, and care provided by physicians practicing in accordance with the provisions of Code Chapter 84-9, as now or hereafter amended, divided by the number of patients receiving a similar support, care and treatment in the particular institution, as such factors are determined by the chief administra tive officer of said institution with the approval of the Commission er of Human Resources, or his delegate. It is the intent of this sub section that so far as it is administratively feasible, cost of care shall match the actual costs arising from the support, care and treatment of the patient."

Section 3. Said Act is further amended by striking Section l(f) in its entirety, which reads as follows:

"(f) Notwithstanding any other provisions of this Act, in the event a patient is covered by an insurance contract providing for

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JOURNAL OF THE SENATE,
payment of hospitalization, such patient shall pay from such in surance benefits, without deductions, exemptions or credits, the cost of care; provided, however, that no such payments of hospitalization insurance to the institution shall exceed said cost of care. In the event the insurance benefits so collected are less than the cost of care, then all persons liable for cost of care such patient shall pay to the Department of Public Health the balance of said cost of care of such patient."
and substituting in lieu thereof, the following:
" (f) 'Available Insurance Resources' means all payments for the cost of care of a patient from any insurance contract, from governmental or employment benefit programs or from any similar

Section 4. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows:
"Section 2. Any person voluntarily admitted to a State insti tution under the jurisdiction of the Department of Human Resources shall be maintained free of charge if the State Department of Human Resources, after investigation, determines that such patient or his estate does not have sufficient assessable income and available insurance resources to pay for any part of his cost of care and all persons liable for cost of care of such patient do not have available insurance resources, as provided in this Act, to pay for any part of the cost of care, provided, however, that all patients admitted to a State institution under this Act shall be admitted without delay for said investigation."
Section 5. Said Act is further amended by striking- Section 3 in its entirety and substituting in lieu thereof a new Section 3, to read as follows:
"Section 3. The State Department of Human Resources through its duly authorized agents shall examine the income and available insurance resources of the patient or his estate, and when necessary, the available insurance resources of persons liable for the cost of care for such patient. The State Department of Human Resources shall have the authority to contract with any person, firm or corpo ration which it finds necessary to provide information appropriate to the carrying out of its duties under this Act. The State Depart ment of Human Resources, through its duly authorized agents, shall have access to all Georgia Income Tax records of patients or their estates for the purpose of obtaining necessary information to enforce this Act."
Section 6. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, to read as follows:
"Section 4. Every patient or his estate who has no dependent

FRIDAY, MARCH 5, 1976

3047

other than himself shall pay to the Georgia Department of Human Resources during each month that he is admitted or confined to a State institution his cost of care, or such part thereof that does not exceed his available insurance resources and his assessable in come, for the preceding month. In the event the Georgia Department of Human Resources is unable to collect any sum due by a patient under the terms of this paragraph, or in the event the sum so col lected is less than the cost of care for such patient, then all other persons liable for cost of care for such patient shall pay to the Georgia Department of Human Resources the balance of the cost of care of such patient, but none of such other persons liable for cost of care of said patient shall be liable for more than the available insurance resources of such person."

Section 7. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5, to read as follows:

"Section 5. Every patient who has a dependent other than him self shall pay to the Georgia Department of Human Resources during each month that he is admitted or confined to a State insti tution his cost of care or such part thereof that does not exceed his available insurance resources and ten (10'/r) per cent of his assess able income for the preceding month. In the event the Georgia Department of Human Resources is unable to collect any sum due by a patient under the terms of this paragraph, or in the event the sum so collected is less than the cost of care for such patient, then all other persons liable for cost of care for such patient shall pay to the Georgia Department of Human Resources the balance of the cost of care of such patient, but none of such other persons liable for cost of care of said patient shall be liable for more than the available insurance resources of such person."

Section 8. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6, to read as follows:

"Section 6. All persons liable for cost of care of a patient shall be jointly and severally liable for such cost of care, provided, however, that a patient or his estate shall not be assessed more than the maximum amounts provided in Sections 4 and 5 hereof. All other persons liable for the cost of care of a patient shall be liable to the extent of all available resources. In the event of a temporary ad mission, less than thirty (30) days, of a retarded individual to a State retardation facility for correction of a specific problem or for relief of parents or guardians, all persons liable for cost of care of th'e patient shall be assessed the maximum amounts provided in Sections 4 and 5 hereinabove, prorated on a calendar year basis."
Section 9. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7, to read as follows:
"Section 7. The Georgia Department of Human Resources shall collect all sums due for the cost of care in monthly installments,

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JOURNAL OF THE SENATE,

beginning not more than thirty (30) days after the admission of any patient to any State facility. Upon the admission of a patient or upon a determination that the patient is unable to pay his cost of care, the Georgia Department of Human Resources shall give notice by mail to each person who is or may be liable for the cost of care for the patient. Any person so notified may request an opportunity to be heard and show cause, if any there be, why such person should not be liable for the cost of care for the said patient.

Section 10. Said Act is further amended by striking Section 8 in its entirety, which reads as follows:

"Section 8. The Georgia Department of Public Health shall publicly promulgate cost of care per diem before any payment shall be due hereunder."

Section 11. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9, to read as follows:

"Section 9. The persons liable for the cost of care of a patient may offer to the Georgia Department of Human Resources a pro posed order in writing consented to by each of them and in which each person is assessed a sum for the cost of care. If the Georgia Department of Human Resources finds that such proposed order is satisfactory and will serve the purposes provided for in this Act, it may sign and enter such order in lieu of conducting a hearing and making and entering an order of assessment based upon the evidence produced at a hearing. The making and entering of such consent order shall not relieve any person from the whole or any part of his or her liability under this Act or from the redeterminination and adjustment of assessment of any future liability there
under."

Section 12. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10, to read as
follows:

"Section 10. (a) When any determination and assessment has been made as provided for by this Act or money is due under the provisions of this Act, the Georgia Department of Human Resources shall collect such amounts in the same manner as other debts and accounts are collected. To accomplish such collections, the Georgia Department of Human Resources is hereby authorized to maintain in the name of the State of Georgia and the respective institution any action at law or in equity in any court of this State or any other state which may be necessary to collect such sums.

(b) Should the cost of care, the financial status of the patient or the available insurance resources sufficiently change, so that in the opinion of the Georgia Department of Human Resources a change in the assessment is justified, it shall have the right to negotiate with the persons liable for the cost of care, and adjust

FRIDAY, MARCH 5, 1976

3049

existing assessments Tinder any provisions of this Act permitting original determinations and assessments."

Section 13. Said Act is further amended by striking Section 18 in its entirety and substituting in lieu thereof a new Section 18, to read as follows:

"Section 18. Hearings shall be held in accordance with the pro visions of the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as now or hereafter amended, and judicial review of a final decision by the Department of Human Resources shall be as provided in Section 20 of said Act."

Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate agree to the House sub stitute to SB 203.

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 Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Langford Lester Lewis McGill Overby Reynolds Riley

Robinson Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Turner Tysinger Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Bell Bond Brantley i Dean of 31st Duncan (excused conferee)

Fincher Hill Holley Kidd McDowell McDuffie (excused conferee)

Pearce Russell Starr (excused conferee) Sutton Traylor Warren

On the motion, the yeas were 37, nays 1; the motion prevailed, the Senate agreed to the House substitute to SB 203.
The following resolution of the Senate was read and adopted:

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JOURNAL OF THE SENATE,

SR 477. By Senator Riley of the 1st:
A resolution relative to adjournment sine die at 12:00 P.M. on March 5, 1976.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 704. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act revising, altering, and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, as amended, so as to provide a minimum salary for the judges of said court and for the payment thereof.

SB 708. By Senator Banks of the 17th:
A bill to provide a new charter for the City of Meansville; to provide for all matters relative thereto.

SB 521. By Senators Hudson of the 35th and Hamilton of the 34th:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, as amended, so as to provide a minimum pension payment for certain former officers and employees.
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, so as to provide exceptions thereto under prescribed condi tions; to provide for procedures; to provide an effective date.
SB 666. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Municipal Home Rule Act of 1965", as amended ,so as to provide that the charter of any city-county consolidated government which was in existence on a certain date may not be amended at the local level pursuant to said "Municipal Home Rule Act".
SB 627. By Senators Starr of the 44th and Riley of the 1st:
A bill to amend an Act known as the "Jekyll Island-State Park Author ity Act", so as to provide for the granting of franchises to utility

FRIDAY, MARCH 5, 1976

30-51

companies; to provide that the power granted shall not be in derogation of other powers of the Authority.

SB 527. By Senators McGill of the 24th and Duncan of the 30th:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, as amended.

SB 528. By Senators McGill of the 24th and Duncan of the 30th:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to provide that eligible municipalities which fail to file or which file after the cutoff date the required certification for funds in Fiscal Year 1976 may file or refile a late certificate and qualify for Fiscal Year 1976 funds.

SB 545. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Child Support Recovery Act", so as to redefine "court order for child support"; to redefine "parent"; to provide that the Department of Human Resources may initiate legal proceedings to establish the paternity of a child born out of wedlock for whom services under this Act are sought.

SB 579. By Senator Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that it shall be unlawful for any person to obtain or procure for or give to a convict a weapon, intoxicating liquors, drugs or any other article or item without the consent of the warden or deputy warden.

SB 608. By Senators Starr of the 44th. Howard of the 42nd and Langford of the 51st:
A bill to provide that no county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate of this State shall be authorized to file a petition for relief from or com position of its debts under any federal statute providing for such relief or composition.

SB 609. By Senator Holloway of the 12th:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to change certain of the provisions thereof relating to the filing of campaign disclosure reports; to provide for additional content of such reports.

3052

JOURNAL OF THE SENATE,

SB 621. By Senators Gillis of the 20th, Starr of the 44th and Doss of the 52nd:
A bill to amend Code Section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, as amended, so as to authorize such extraction by any technician trained by and in the employ of the eye bank.

The House has agreed to the Senate amendments to the following bills and resolutions of the House:

HB 1515. By Representatives Elliott of the 49th, Childs of the 51st and Jordan of the 58th:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for the creation and revision of jury lists in counties utilizing mechanical or electronic means for the selection of jurors; to provide in such counties for permanent jury boxes and their replacement if lost or damaged.

HR 81. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to include certain types of cooperative ownership with the term "homestead" as that term is used for purposes of determining certain exemptions from taxation in Fulton County.

HB 997. By Representatives Carter of the 146th, Harris of the 138th and Foster of the 152nd:
A bill to amend an Act known as the "Ga. Retailers' and Consumers' Sales and Use Tax Act" so as to clarify the provisions of existing law which grant an exemption from sales and use tax to certain machinery and equipment used on the farm in the production of poultry, eggs, fluid milk or livestock.

HR 543. By Representatives Hill of the 127th, Brown of the 34th, Taggart of the 125th and others:
A resolution creating the Small and Minority Owned Businesses Study Committee.

HB 1886. By Representatives Ware of the 68th and Wood of the 9th:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to provide that, regardless of the method of routing, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due under the contracts.

HB 1880. By Representative Rainey of the 135th:
A bill to amend an Act relating to the State parks and recreational areas so as to provide for rules and regulations relating to the use

FRIDAY, MARCH 5, 1976

3053

and occupancy of State parks and recreational areas and the protection of State property and the public health, safety and welfare.

HB 1713. By Representative Miles of the 86th:
A bill to amend an Act creating a Merit System in Richmond County for employees of Richmond County so as to provide what employees should be placed under or exempt from the Merit System of Richmond County, Georgia.

HB 2057. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and White of the 132nd:
A bill to create and establish a Small Claims Court in and for Dougherty County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, qualifications, and substitutions of the judge of said court.

HB 1318. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to create Judicial Administration District and the boundaries thereof; to provide for Judicial Administration District Councils; to provide for Administrative Assistants.

HR 590. By Representatives Davis and Tolbert of the 56th, Childs of the 51st, Jordan of the 58th and others:
A resolution proposing an amendment to the Constitution so as to provide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Superior Court of DeKalb County appointing a successor to serve out the unexpired term.

HR 614. By Representatives Wheeler of the 152nd, Ross of the 76th, Jordan of the 58th and others:
A resolution creating the Education Laws Study Committee.
HR 859. By Representatives Dixon of the 151st and Sweat of the 150th:
A resolution proposing an amendment to the Constitution so as to provide for the procedures for the recall of the Clerk of the Superior Court, Coroner, Judge of the Probate Court, Sheriff, Tax Commissioner, Treasurer, County Surveyor, Judge of the State Court and Solicitor of the State Court of Ware County or any member of the county board of education.

HB 1802. By Representatives Snow of the 1st, Irvin of the 23rd, Culpepper of the 98th and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to change the procedures for filing articles of correction, from

3054

JOURNAL OF THE SENATE,

the superior court to the Secretary of State; to provide for certificates and certified copies of documents to be received in evidence.

The House has adopted the reports of the Committees of Conference on the following bills of the House and Senate:

SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations.

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.

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Commission to advise the State Board of Education concerning the preparation, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide an effective date.

HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting member of the board of tax assessors in all counties.

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th 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 replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

HB 1706. 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 that the State Revenue Commissioner may by regulation provide for the collection of taxes imposed on distilled spirits through the use of a reporting sys tem rather than through the use of revenue stamps.

FRIDAY, MARCH 5, 1976

3055

HB 1500. By Representatives Rainey of the 135th, Peters of the 2nd, Colwell of the 5th and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" so as to provide for the regulation of boat traffic on the waters of this State.

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.

HB 2074. By Representatives Noble of the 48th, Jordan of the 58th, Williams of the 54th and others:
A bill to provide for the compensation of certain county officers and officials of DeKalb County; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to provide definitions.
HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution to provide for a new Constitution of the State of Georgia.

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 change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.
HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to provide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person and that such person shall not become eligible for parole at any time.
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 gov-

3056

JOURNAL OF THE SENATE,

ernment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".

The House has adopted the following resolution of the Senate:

SR 439. By Senator Kidd of the 25th: A resolution relative to the dedicated work of salespeople in Georgia.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 357. By Senator Doss of the 52nd:
A resolution designating the medical-surgical building at the Northwest Georgia Regional Hospital as the "Robert Battey Surgical Building."

SR 393. By Senators Bell of the 5th, Howard of the 42nd and Tysinger of the 41st:

A resolution proposing an amendment to the Constitution, so as to

provide for the allocation of a certain amount of DeKalb County revenue

for the support and development of the arts in DeKalb County for a

certain period of time; to provide for the proposal and approval of arts

projects; to provide for the use of funds allocated pursuant to this

amendment.

,

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.

SR 316. By Senator Kidd of the 25th: A resolution commending Mr. James C. Hogan and designating the Ingram Building at Central State Hospital as the "Ingram-Hogan Building".
SR 325. By Senators Lewis of the 21st and Gillis of the 20th: A resolution designating Parrish's Pond and certain surrounding land located in Emanuel County as "The George L. Smith II Park".
SR 343. By Senator Brown of the 47th: A resolution approving the Purchase Bid (and the bidder) of Crittenden,

FRIDAY, MARCH 5, 1976

3057

Reingold and Green, a Georgia General Partnership, composed of Edward E. Crittenden, A General Partner, Arvin H. Reingold, a General Partner, and Thomas M. Green, Jr., a General Partner, hereinafter throughout this entire Resolution for convenience referred to as "Pur chaser".

The House has rejected the report of the Committee of Conference on the following bill of the Senate:

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 and 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.

The House has agreed to the Senate substitutes to the following bills and resolutions of the House:

HR 813. By Representatives Scott of the 37th, Glanton and Parkman of the 66th, and others:
A resolution creating the Full Employment in Georgia Study Committee.

HB 1792. 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 require competitive bids for certain purchases.

HB 1740. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County, approved Mar. 31, 1967, so as to change the number of members of the board; to change the education districts; to provide for election of members by the electors of the member's district only.

HB 2010. By Representative Sigman of the 74th:
A bill to create and establish a Small Claims Court in and for Newton County; to prescribe the jui'isdiction 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 660. By Representative Greer of the 43rd:
A bill to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County.

3058

JOURNAL OP THE SENATE,

HB 2100. By Representative Murphy of the 18th:
A bill to amend Code Section 56-407A, relating to uninsured motor vehicle coverage, as amended, so that application for discharge in bank ruptcy, appointment of a trustee in bankruptcy or discharge in bank ruptcy shall not be a bar to an insured person's claim; to provide an effective date.

HB 1935. By Representative Gignilliat of the 122nd:
A bill to enact the Facade and Conservation Easements Act of 1976; to provide for definitions; to state the duration and means of acquisition of such easements; to provide for recordation; to require tax assessors to revalue encumbered property; to provide for appeals.

HB 1893. 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 said city.

HB 1371. By Representatives Irvin of the 23rd, Carnes of the 43rd, Evans of the 84th and others:
A bill to amend the Code of Georgia of 1933, as amended, by strikingCode Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46 so as to provide for the right to the writ of garnishment after judgment; to provide for af fidavit and bond for garnishment.

HB 1920. By Representatives Murphy of the 18th, Burruss of the 21st, Cole of the 6th and others:
A bill to authorize the Georgia Building Authority, its security per sonnel and certain law enforcement officers to exercise certain powers and authority upon the properties and buildings of the Authority; to provide the procedures connected therewith; to provide for penalties.
HB 1757. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the provisions relative to vacancies; to change the provisions relative to contracts and purchases by the city.
HB 1591. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying fee for such office; to provide for current justices of the peace; to provide for the intent and application of this Act.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

FRIDAY, MARCH 5, 1976

3059

SR 477. By Senator Riley of the 1st: A resolution relative to adjournment.

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 resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor.

SB 617. SB 466. SB 414. SB 415. SB 93. SB 126. SB 356. SB 408. SB 441. SB 486. SB 586. SB 618. SB 619. SB 620. SB 630. SB 648. SB 659. SB 685. SB 687. SB 691. SB 695. SR 285. SB 437. SB 439. SB 452.

SB 458. SB 464. SB 468. SB 500. SB 516. SB 380. SB 492. SB 522. SB 527. SB 528. SB 547. SB 557. SB 562. SB 568. SB 575. SB 583. SB 589. SB 591. SB 592. SB 597. SB 631. SB 656. SB 660. SB 665. SR 324.

3060
SR 329. SR 339. SR 342. SR 381. SB 287. SB 325. SB 462. SB 472. SB 594. SB 645. SB 646. SB 673. SB 697. SB 699. SB 701. SB 703. SR 320. SR 361. SB 304. SB 537. SB 569. SB 688. SB 700. SB 354. SB 494. SB 596. SB 704. SB 708. SB 265. SB 475. SB 478. SB 482. SB 483. SB 484.

JOURNAL OF THE SENATE,
SB 489. SB 497. SB 501. SB 511. SB 521. SB 696. SB 707. SB 208. SB 504. SB 536. SB 590. SR 313. SB 203. SB 365. SB 286. SB 350. SB 389. SB 526. SB 532. SB 553. SB 565. SB 572. SB 579. SB 580. SB 608. SB 609. SB 615. SB 621. SB 627. SB 632. SB 649. SB 661. SB 666. SB 672.

SB 681. SB 689. SB 692. SR 42. SR 71. SR 82. SR 112. SR 282. SR 284. SR 307. SR 310. SR 315. SR 316. SR 322.

FRIDAY, MARCH 5, 1976

3061

SR 325. SR 332. SR 357. SR 363. SR 374. SR 377. SR 393. SB 545. SB 566. SB 698. SR 97. SR 317. SR 343.

Respectfully submitted,
/a/ Martin Young Senator Young of the 13th District, Chairman

Pursuant to the provisions of SR 477, the President announced the Senate adjourned sine die at 12:00 o'clock P. M. March 5, 1976.

Senate Journal Index 1976
Regular Session

INDEX

3066

PART I

ALPHABETICAL INDEX

Abortion; repeal Code Chapter and add new chapter, SB 694 ............ ......._.........1355

Abortion; written consent required by husband and wife, if living

together, SB 270 ......... ....................... No action in 1976

Absentee Elector; redefine relating to 62 year olds, SB 253 . ......._............__.....13, 14

Acceptance of Drafts; time period for acceptance, HB 1304 ......____497, 501, 818, 906,

976, 1027

Accountancy, Board of; appointment of personnel, SB 644 ___.____....1031, 1718, 1807,

1876, 1883

Accountants and Public Accounting; revise laws, HB 407 .................._.....1424, 1434

Actions, Limitation of; relating to medical malpractice,

SB 464 ........................................51, 270, 308, 479, 508, 529, 1429, 1469, 1674, 1911,

2052, 2369, 2624, 2701, 3059

Acts, Legislation, Declared Unconstitutional; State pay

court costs, SB 378 .._........................................ ......... ......... . ...____________.______.___234

Actuarial Services, Department of; create, SB 502 _______.247, 732, 768, 839, 840, 849

Adams, Honorable W. Norman; regrets at passing, SR 468 _______._______________________.2942

Adel, City of; change corporate limits, HB 1553 ....................633, 639, 732, 775, 829

Adele Louise Tucker Park; Baldwin County, SR 310 ...... .........591, 734, 770, 840, 863,

2419, 3061

Adequate Program for Education (APEG); amend to provide

for recitation of Pledge of Allegiance, HB 1269 ........496, 500, 732, 771, 840, 883

Adequate Program for Education (APEG); amend to provide

psychoeducational centers, SB 636 ......................................................... .964

Adequate Program for Education (APEG); change beginning age for

children, HB 54 ...............................732

Adequate Program for Education (APEG); change food

service provisions, SB 483 _....................._..._.....228, 504, 545, 599, 627, 2703, 3060

Adequate Program for Education (APEG); Education board create

advisory council on teacher certification, SB 616..... 810, 1444, 1533, 1742, 1743

Adequate Program for Education (APEG); sick leave for personnel,

vocational and area trade schools, HB 1366 ...................1229, 1236, 1444, 1535,

1743, 2285, 2310

Adequate Program for Education; certification requirements

teachers, principals, SB 275 .............. .......................................No action in 1976

Adequate Program for Education in Georgia; change provisions

relating to local units and capital outlay funds, SB 341 ....... No action in 1976

Adequate Program for Education in Georgia; change

provisions relating to preschool education, SB 402 .... . No action in 1976

Adequate Program for Education in Georgia; repeal district

power equalization provisions, SB 322 ....................................No action in 1976

Adjournment; January 23 to February 2, HR 553

.............................282, 297, 467

Adjournment; relative to, SR 402 .. ... .. .......

... .. ...1761, 1795, 1826

Adjournment; relative to, SR 477 .............. ........................................._...3'050, 3059, 3061

Adjournment; relative to, February 13th to February 16th, SR 351 ........... 960, 964

Adjournment; relative to, February 20th to February 23rd, SR 372 ... ..1294, 1296

Adjutant General and Assistants; Senate confirmation

required for appointment, SB 278 ... ..... .... No Senate action in 1976

Administrative Judge, State; create office, SB 122 ... ..........................................477

3066

INDEX

Administrative Procedures Act; aggrieved party may

appeal, SB 85 _--.__.... ..----.------__.--.._-_._.._.--.._------.._--..-..----.476, 480

Administrative Procedures Oversight Committee; General Assembly

review proposed rules of executive agencies, SB 538 ____________ . . ....303

Adult and Juvenile Probation Board; create, SB 210 .--................No action in 1976

Adult Offender Act; change effective date, SB 632 ....................894, 1179, 1243, 1325,

1337, 2703, 3060

Adultery cases; mother of illegitimate child competent

witness, SB 199 ..........

No action in 1976

Ad Valorem Tax; cities and counties grant certain exemptions,

SR 113...................................................................................No Senate action in 1976

Ad Valorem Tax; city-owned property outside city limits subject

to tax, HB 1311 ..... ....._........................._......._.........963, 966, 1358, 1447, 1545, 1685

Ad Valorem Tax; exempt property of historical societies, SR 362 ...---1123, 1358,

1446, 1545, 1679

Ad Valorem Tax; exempt property of nonprofit home for

aged, SR 42 ...................... ._..._.............._.._.._.......___.._.._._..._.._..........._.._.. 2943, 2950, 3061

Ad Valorem Tax; exempt property used as solar energy heating or

cooling system, SR 284 ....... .......... 268, 503, 546, 600, 648, 664, 2382, 2401, 3061

Ad Valorem Tax; exempt tangible property stored in transit, SR 249 ...._...........30

Ad Valorem Tax; exempt tangible property stored in transit, provide

for local option, SR 260 ....... ................. ..52, 251, 272, 317, 465, 479, 508, 547, 577

Ad Valorem Tax; exempt tangible property stored in transit, provide

for local option, HR 398 ............................1428, 1438, 1718, 1811, 2161, 2286, 2371

Ad Valorem Tax for Schools; homestead exemption, certain 62

year olds, SR 52 ....._----,,..-- No action in 1976

Ad Valorem Tax for Schools; homestead exemption, certain 62

year olds, SR 59

............... No action in 1976

Ad Valorem Tax for Schools; homestead exemption for 62 year olds,

certain income, SR 311 _...............__...._......_.._,,.....__......-...._......-.. .._.___._.--....._.__----591

Ad Valorem Tax; homestead exemption, certain 62

year olds, SR 161

........

No action in 1976

Ad Valorem Tax; homestead exemption for 62

year olds, certain income, SR 60 ----_..----__------___----... ........ No action in 1976

Ad Valorem Tax, Mobile Homes; procedures, SB 286 . ... ........ . 2943, 2953', 3060

Ad Valorem Tax; mobile homes separate class, SR 82 ......... ...... 2877, 2896, 3061

Ad Valorem Tax; payment must precede litigation, HB 1813 ......1514, 1526, 2093, 2099, 2738, 2900
Advertisements, Legal; provide for proof of publication, SB 39 ------.... ........... ----............ _----_------..--------....No Senate action in 1976
Advisory Council for Personnel Administration; declaration
of purpose, SB 526 .......... .................................266, 595, 643, 692, 713, 2703, 3060 Aerosol Spray with Certain Chemicals; prohibit sale, SB 412 ..... ..................... .. 28

Age Discrimination; prohibited in public or private retirement systems, SB 546 ............ .... ... ..........471, 511, 733, 768, 839, 851, 888, 975, 976
Aged, Nonprofit Home for; property exempt from ad valorem tax, SR 42 ................. ......... .--------...--..._-.---------.-.- . ..2943, 2950, 3061
Aged Services Study Committee; create, SR 419 ................. ....................2091, 2690

Agency, Consumer Reporting; restrictions, SB 403 -..---.. ...... 818, 904, 975, 989

Agents Handling Money for Third Party; bonds, SB 325 ...... ............ 2702, 3060

Aggravated Assault on Peace Officer; define crime, HB 1784 .......... ............... ............... ......1793, 1802, 2245, 2258, 2460, 2652
Aging Commission, State; recreate, SB 375 .............--......--...... .................. .. .....14, 15

Agricultural Commodity Commission Employees; members of Employees' Retirement System, HB 1274 ........1710, 1715, 2247, 2257, 2459, 2473

INDEX

3067

Agricultural Limestone Sale; regulation, HB 1330 ... -.759, 763, 1176, 1245, 1330,

1376, 1387, 1712

Agricultural Research Study Committee, Senate;

create, SR 303 ................................._....._......................._............._.........500, 730, 2344

Agriculture Commissioner; authority to quarantine animals or

poultry suspected of contamination, SB 459 ............... 51, 233, 253, 275, 289, 636

Agriculture Commissioner; licensing of personnel selling at

farmers markets, HB 1540 .........._._._ 1164, 1173,1440, 1536, 1743, 2160, 2188, 2419

Agriculture Commissioner; withhold from sale certain

hazardous biologicals, SB 434 ....................................... ..43, 233, 253, 275, 280, 635

Agriculture Department License and Permits; permanent

evidence, SB 460 .......... ........................................... 51, 233, 253, 275, 290, 636, 887

Agrirama Development Authority Employees; become members of

Employees' Retirement System, SB 63 .................................... No action in 1976

Agrirama Development Authority; membership, HB 1764 ............. 2089, 2092, 2241,

2250, 2738, 2898

Agrirama Development Authority Overview Committee; expenditure

of $5,000 annually, SR 78 ............. ............ .............................No action in 1976

Agiirama Development Authority Overview Committee; oversee

operations of the Development Authority, SR 77 _.--... No Senate action in 1976

Aircraft; provide for acquisition and operation by certain State

departments, HB 1841 .

. 1352, 1357, 1721, 1811, 1877, 2075, 2209

Airport; referendum required before construction in any city,

county, HR 490 ... ....................... ..... ......... ................1354, 1357, 2097, 2354, 2458

Albany, Central Development Authority; establish, HR 864 ............ 1910, 2084, 2425,

2439, 2773

Albany, City of; authority over Chehaw Park, HB 2026 ...................1787, 1797, 2094,

2102, 2260

Alcohol and Drug Abuse; treatment under mental health

services, SB 208 ............................ ..... ........504, 543, 599, 600, 2993, 2997, 3060

Alcoholic Beverage Sale; minimum container size, sold by

retailers, HB 1138 .... ...... ......... .. ........ ... ...587, 592, 1132, 1185, 1273, 1279

Alcoholic Beverage Sales; payment by barter, trade or

exchange of goods prohibited, SB 193 . .............................. ....No action in 1976

Alcoholic Beverages; authorize use of inside service door, certain

cases in retail stores, SB 230 .... . ___._._..--... .... ....___.._..___.___..-- No action in 1976

Alcoholic Beverages; certain records open to public inspection,

HB 1388 ......... ... ... ....... .... .... . ............. .........535, 541, 818, 907, 976, 1007

Alcoholic Beverages, Employee Under 18; not serve,

HB 1639 .

..... .. 1793, 1802, 2096, 2099, 2286, 2345, 2420

Alcoholic Beverages; metric measurement for taxes,

HB 1707 ... ... .... .

.......... ........ 1426, 1437, 2094, 2098, 2286, 2348

Alcoholic Beverages; proceeds from disposition of contraband

articles to counties, SB 179 .......... .... .......... ... . ........ .....No action in 1976

Alcoholism and Intoxication Treatment Act; effective date,

HB 1273 . . ...

..... .... .............. 1228, 1236, 2245, 2249, 2459, 2472

Alexander, Sherry T.; compensate, HR 544 ... .......... 2223, 2234, 2423, 2432, 2885

Alimony; provisions relating to attorney's fees, HB 1349 ...300, 306, 596, 646,

693, 737, 571

Alien, Davis Michael; regrets at passing, SR 427 ... ... . .. ............ ........ 2085

Ambulance Services Act; emergency medical technicians, training

and duties, SB 603 .. ... . .......... ..... . . ....725,1034,1135,1190,1211

American Legion, Post 140; commend, SR 432 . ............................. ............ .2086

American Society of Association Executives; welcome to Atlanta, SR 338 ...... 777

Anderson, Roy; commend, SR 479 .... ............ ........

............ . .... ....3009

Andrews, J. Herman; commend, SR 423

....

... ................2085

3068

INDEX

Anesthetists, Nurse; change professional and educational

standards, SB 356 _-.____--------...,,__---__,,..._----_------..__---------- _.588, 1390, 3059 Animal and Poultry Products; conditions for quarantine or

destruction, SB 459 __ ________________ _________ ________ ________ 51, 233, 253, 275, 289, 636

Animals, Steel Trap for Capturing; unlawful, SB 69 ._--._.___--_ 596, 648, 669

Annexation; circumstances and procedures for extension of

municipal corporate limits, SB 593 ____...__...____638, 1177, 1243, 1325, 1328, 1351

Annexation; provide additional methods for contiguous areas, SB 549 --___----_471

Annexation; redefine contiguous areas, HB 1310 _______________ 680, 685, 1177, 1245, 1326,

1450, 1473, 1486, 2095, 2285, 2306, 2699

Annual Reports of Insurance Commission; public inspection,

HB 1685 . ..

_----_----_------.. ___1303, 1315, 1441, 1537, 1743, 2161, 2216

Appling County Small Claims Court; change civil jurisdiction, HB 1828 --------------..._...____...___-_-_....__..___------------1161, 1170, 1443, 1538, 1734

Appointments by Governor ---------.------_------_----__------__.____.___487, 929, 948, 1290

Appointments:

Adams-Hackett, Sharon ________ ------------___ .____.--__------._.---- ._._----_______495, 960

Aderhold, Honorable John __________________________________________________________________ ____.._.489, 953

Alexander, Elaine ..___._ ______ ._____,,_._.__________ 494, 959

Arnold, Ms. Marcia M. ----------______..-_____.._____.____..,,__

494, 959

Averyt, Mary .,,.____

...494, 959

Barker, Janet

.___._____..,,,,______._ .__._.. 494, 959

Beery, Honorable William E. ____.___...___ 492, 957

Bell, Honorable James M. __------.__._______------________.__----__----_.._...__------490, 954

Bird, Honorable Frank M., Jr. _-______________.__,,.____.___________,,__________________ _______491, 956

Blackstock, Honorable Bert C.

_..._._____._.487, 951

Blalock, Dr. Horace G., Jr.

......

__-.,,.._.._ 494, 959

Blanchard, Honorable James H. ______________________________..______.________.______..,,__.________489, 952

Bolden, Dorothy _...._ __...._.-

495, 960

Bryant, Dee W. -....._..--......_...___...--.. 494, 960

Busbee, Honorable Floyd E., Sr.

..

. .........------_....___ 493, 958

Campbell, Honorable Charles E. ______________________________________________ ____._.____________489, 953

Carithers, Honorable W. Kenneth ________________________________ _____493, 958

Cobb, Angel ...................... ...

_. 494, 960

Gofer, Honorable Sam _.........---- _ 493, 929, 958, 1294

Goody, Honorable Rufus B. ___________________ .._._...,_494, 950, 959

Cramer, Dr. Howard R. _____________________________________________ 492, 956

Crawford, Honorable Ben E. .-.__._....._______...___------______.___.__._ _._------__493, 958

Crockett, Honorable J. A. --.-.-.

........ .------490, 954

Curry, Honorable J. Gary _...___________ -- ____-..___--_.-........___.___..._--------------491, 956

Cuthbertson, Dr. William W. ______________________________________ ______________________ _________493, 958

Daniel, Honorable John A. ..__..._...____.._...-__--__------------_----_ ..._..._----_489, 953

Davidson, Honorable Richard W.

_. - .

__--_490, 954

Davis, Mary Dean ______________________________________________________ ______________________-____________494, 960

Dempsey, Honorable Lynn ____ ______ ______________________________________ ___________ ___488, 952

Dillard, Honorable John P. _________________________________________________________ _________487, 951 Dunn, Honorable Edward D. __._.___ .__.______.__,,__.,,.___...._________________ 929, 1293

Durisch, Dr. Lawrence L., Jr. _______,,_____________________________.____________________._.__ _.494, 959

Echols, Honorable James F. __..______. ..____.__._____.__________________________...,, __________489, 953

Ellis, Honorable Joe

._____.__,,._...____ _______ 488, 952

Enous, Honorable Edward ____________ __ _ _ _____________________ __________ ____488, 951

Erwin, Honorable James W. -_--------_--.____-__---__-_------__-___........ .___ ____492, 956

Farnham, Mrs. Clayton H.

.

________491, 955

Feingold, Gail ___._....____ _______________ _______________...._____-.______.__---__ ---494, 960

Foss, Honorable T. J. ___________ ____,,____-----------..____ -- __----------490, 954

Frangiamore, Mrs. Roy ---------- _ __. __.__,,__ _._.__... ----.--_.----491, 955

INDEX

3069

Freidman, Berta ........_......._...-- _.............._...................--------------------.-...494, 960

Priedman, Honorable Erwin A. ------...........--.....__.._._.__........... --.----494, 949, 959

Gadd, Honorable Richard V. .........------------ ...........-- ... 492, 956

Gilbert, Mrs. James B. . . ....-.....---..----...----..------............491, 955

Ginsberg, Honorable Ronald E.

--

...----------.489, 953

Godwin, Ms. Betty C. _........ - ..............._..................._.... _...___..__....._._._._._._____.489, 953

Gore, Honorable Emmett W., Jr. . .... ............... ........__..............._..._.._..__......494, 959

Granum, Eleanor .................494, 960

Green, Honorable Henry D.

.........

491, 955

Green, Honorable Holcombe T. ------------.----..----._._._----.----------------491, 955

Green, Jane

. . . .................... ........... 494, 960

Greer, Honorable L. P., Jr. ........_------------------..--------------.......----......494, 958

Griffin, Janet .

..................... ..494, 960

Griffin, Mrs. William W. ..........-....-.._....------------------......------------491, 955

Gross, Honorable John L. ........ -.-...-..-..-......-..-.._..--__--------.....--------.....488, 952

Hall, Honorable Jack M. .-........................................._._._..._....._..__._.....----491, 956

Hammonds, Dr. Otis T. ... ... ............................ .492, 956

Harris, Dr. Winfred

.

.....................494, 959

Harris, McCree ...--

..._--...... 494, 960

Holland, Honorable Roy H. ... ...........488, 952

Holmes, Honorable Wendell P. ----------------.--------------------------.488, 951

Houser, Dr. Frank M., Jr. ....................................................._......__.._..._._._...492, 957

Hudson, Honorable Ben G., Jr. ........................--.....----...... ..------.........488, 952

Jacobs, Honorable N. A., Jr. .............................------._.......------...------.......488, 951

Johnston, Honorable J. Lane ... ...------ ----.....----

----------494, 959

Jones, Honorable Durward M. ........................... ........._.._.....__...__..._.... 493, 957

Kaufmann, Dr. James A. . _

_ .............. ......

492, 956

Knight, Honorable Seth L., Jr. ......_......_._.._....._.._.._............__.._.__.._.._.___ 493, 957

Knowles, Honorable Don L. ..................................._..._._.__.............................495, 960

Livingston, Honorable Charles R. ........... ............... _...... __----....._.. 492, 956

Lockette, Honorable Willie E. ....... ........................._.......---- . ....490, 954

Lucia, Honorable Raymond W. ............_............._......._...._.------------.493, 958

Mason, Ms. Marcia __.........--. _....._........._...._..__..._...__....._..._...._......_........._.__....494, 959

Mayo, Marion ......-...-....--..-.-....-.-.......-...--------...-..-.-.-...-.-...-..-.-......494, 960

McClung, Honorable A. J. ................----.......... --------...... ...929, 1292, 1293

Mclntyre, Honorable Edward M. ....._..._........_.__.._._.._.._...._................._._..........489, 953

McKinney, Mary

... ......................... _--------------.--------.....494, 960

Medori, Mrs. Eugene A., Jr. ....._....-...-......-...........__..___._._..._._.._.._..____....491, 955

Mills, Honorable I. Pete, Jr. --.._......._..._._.....-._---..------....----...------493, 958

Mink, Dr. Deane --

.--...--

_.................. -.488, 952

Moon, Joy

-.....-.-- .---------- .494, 960

Morgan, Mrs. J. Tom., Jr. .........----------------------.._------..----..------.494, 960

Morrison, Dr. Joseph ----....-.....-.-.---.-.......................................493, 957

Nelson, Honorable E. C.--------. ....... ...........................................................493, 958

Oberdorfer, Mrs. Saralyn B... ...--........----------................... 929, 1291, 1293

Oliver, Honorable A. Gordon ------------------.----..........-.-.-.-......-....--489, 953

Owens, Dr. Hubert B. ...............-................-..._................................... 491, 955

Patterson, Honorable Archie E. .......--..--....-----------------------------491, 956

Persons, Honorable Oscar N. ..-- -------------.--------------_-------------490, 955 Pettigrew, Honorable Harry W. ......---------------------------- ................489, 953

Phelps, Dr. Sue ._..._..__.-.._....-..................--..,,.......------....._..............-------490, 954 Ross, Dr. Richard B. ._..-.._._._..............-..-..-...__._._..........-.._................ 490, 955

Rutledge, Honorable Jack T. ......--------............-------------------- .........490, 954

Ryles, Honorable Tim

............

489, 953

Schlak, Connie _................................................. _._.........-.-.............----494, 960

Shipp, Mary Alice ........--.....-..-..-.------...---.-.........--...-...--..------494, 960

3070

INDEX

Smith, Honorable James F. .. ... .. . .. . ..... _____ __ _ _____ ...... 929, 1291, 1293

Smith, Honorable John M. __________________ ____________________________ .__ ______ ........492, 957

Sparlin, Dr. Eugene E. _________ _ ... .... ___ ____ _______ __ ________ ____ _____ _____ ____488, 952

Spooner, Honorable William A. __________ _______________________ ..........................492, 957

Stanback, Rosa . .

............_....._..........._......................................__494, 960

Stinson, Mary Jane ____________________________________________________________ ................494, 960

Storm, Honorable Charles E. .......................................................... _____________493, 958

Stripling, Honorable Hobby ..................................._........_..............................488, 952

Talley, Honorable James B. ____________________________________ .........492, 957

Taylor, Mamie K. ........................._.................._._...............................................494, 960

Tomme, Alice

.

.

__________ ..__________494, 960

Turner, Mrs. Bernice _....................... ...................................... ________ ____________...490, 954

Underwood, Honorable Joseph C. .................. ................ ...........................490, 954

Vann, Honorable Thomas K., Jr. ______ .............................._...._..............929, 1292, 1294

Vigtel, Honorable Gudmund ........._................_.................... _______............._.......491, 956

Ward, Dr. Daniel P. ................................................... ________......_.................. .492, 957

West, Mrs. Edna K. _________ .._............._....._._..............__.... _________ ___________________.._490, 954

White, Mrs. Larry C. ....................... ___________ ....._........................... ..----....----.492, 957

Wiseman, Honorable William H. _..._....... _________________________________________ __.__________489, 953

Womack, Honorable Bobby Joe ._......_........................................____________..______488, 951

Wood, Honorable Jim ___________

...

____489, 952

Young, Honorable Dan P. _...........,,........_....._...._.........._...__..............................490, 954

Appropriations for Operation of State Government; fiscal year 1976-1977, HB 1350 _______________________ 1030, 1033, 1440, 1508, 1544, 1546, 1706, 1786, 2507, 2701
Appropriations for Operation of State Government; supplemental 1976, HB 1227 ........_................._.___._..._...............48, 70, 93, 97, 107, 237, 244, 342, 470
Appropriations Legislation; time periods for consideration by General Assembly, SR 255 _._......._........._........_..........................................................46
Arbitration of Malpractice Claims; new Code chapter, SB 465 _._ ... 52, 270, 308, 479, 508, 510
Architects, Landscape; regulation and license, SB 350 ________ _ 13, 14, 71, 93, 96, 238, 2368, 2388, 3060

Area Planning and Development Commission; appointment of members, HB 842 . ____________ __________________ ........... No action in 1976
Area Planning and Development Commission Employees; contract for health insurance plan, SB 156 ................_..._...__..............._............. No action in 1976
Area Planning and Development Commissions; provide for members duties and activities, SB 347 __.._...___.__-........-----.___.-----_._.-----------1177
Armed Forces Members; repeal Act providing for abatement of income tax upon death, HB 1238 ..------......----.._------._.----226, 232, 765, 823, 909, 940
Armed Forces Members; repeal exemption of cost of nonreturned property, HB 1237 _________ ------...----------......_...__.._.._226, 232, 765, 823, 909, 939

Armed Forces Reserve; circumstances for no drivers' license,
SB 510 .....-.........................------.._...----.--------------.-- 248, 505, 545, 600, 629 Armed Robbery; change penalty, SB 304 ____________234, 254, 275, 276, 1303, 1340, 1353,

1507, 1936, 2293, 2420, 3060 Armed Robbery; change punishment, SB 119 _------_----_.._----.___.No action in 1976

Armed Robbery Offense; redefine and change penalty, HB 1277 ----------1295, 1308, 1533, 1724, 2285, 2304
Arraignment and Pleas; conditions for accepting guilty pleas, HB 1212 ..------.----....--------------.-.._.--.----------2060, 2081, 2427, 2429

Arson; crime for burning mortgaged dwelling, SB 565 ----.........537, 733, 769, 839, 854, 2382, 3060

Arts and Humanities Council, Georgia;

create, SB 482 _.. '

------228, 596, 642, 692, 699, 2703, 3060

INDEX

3071

Assistant District Attorney; authorize State funds as partial

compensation to match Federal funds,

HB 1531 __.__..._._..____......_-

2220, 2235, 2426, 2435, 2738, 2801

Assistant District Attorney; employment of secretary,

SB 542 ...--...--..----...---------------------.-470, 596, 643, 693, 716

Assistant District Attorneys; compensation,

HB 1486 _._......_............._..._........ ....... ^.722, 729, 1179, 1247,1326,1376, 1393,1712

Astrologers, Atlanta; repeal license fee, SB 553 --....472, 901, 973, 1040, 2315, 3060

Athens, Downtown Development Authority; power of eminent

domain, HR 754 ......_......_..__..............._.........._..._._.1427, 1439, 1719, 1816, 1918, 2238

Athens Employee Pensions; Police and Fire Department

members, HB 1407 ---------.........--------....-.----299, 306, 595, 647, 688

Athletic Trainers; regulation and licensing, SB 706 ........1713, 1806, 1828, 2160, 2168

Atlanta; additional methods for annexation of contiguous

areas, SB 548 .... .... -- ..........

.... 471

Atlanta Area Planning and Development Commission; removal

of county from provisions, HB 1423 _..............._............._.._..__.._._..._.............586, 593

Atlanta; change corporate limits, HB 1781 . -- --.-- 1116, 1126, 2242, 2252, 2355,

2424, 2707

Atlanta; change corporate limits, HB 1895 .......................1421, 1432, 2424, 2434, 2708

Atlanta; change corporate limits, HB 2078 ........ ............... .......... ........._.._...1909, 2083

Atlanta City Court; change provisions relating to demand for

trial, HB 652 .......................................___....._._......_...__.............._......_...2242, 2251, 2440

Atlanta-DeKalb; meeting of representatives of city and

county, HB 1782 ........................................................1117, 1126, 2242, 2252, 2444

Atlanta; delinquent municipal taxes, HB 460 ....................._...._.......__......_......2406, 2417

Atlanta Employees' Pension Fund; composition of Board of

Trustees, HB 102 ............._......................._.._..............._..........._....._.No action in 1976

Atlanta Employees, Retirement; transfer of credit and funds, HB 1481 ....2315, 2342

Atlanta Expressway Study Commission; create,

HR 228 _.......__.................._.........,.__......_.......____.__......__....._...... 14, 16, 92, 97, 105, 1428

Atlanta Firemen Pensions; eligibility of spouse as beneficiary,

HB 1345 -..--------....---....--------,,.-------1114, 1123, 2424, 2433, 2705

Atlanta-Fulton County Delinquent Taxes; one fi fa.

SB 354 ............ .........._............_..........._...___............._.._.......901, 972, 1040, 2481, 3060

Atlanta-Fulton County; tax executions advertised and sold,

SB 664 ...... ._........__....._..............._..._....__.................__.._....._.........1168, 2242, 2251, 2450

Atlanta; homestead exemption, annual filing no longer required, SR 152 ............902

Atlanta Landmarks, Inc.; commend, SR 442 .......... .........._.......__........_._.......___.....2233

Atlanta; levy and collection of ad valorem tax for school, SB 293 ... .. 252, 271, 309

Atlanta Pensions; prior service credit certain employees, SB 507 _._.___._____._.___.___.248

Atlanta Police Department; establish promotional system, SB 396 _............._._..._...._......._........_......_.._....._._...................... ........... No action in 1976
Atlanta; provide for equal retirement benefits to employees, SB 93 ..........._............_......__.._..._......................._.............. 1165, 3059
Atlanta; qualification of council members, HB 543 ._..___.___._..._._...---__._..--._..___. 901

Atlanta: qualifications of Council President, members and

mayor, HB 1654 ___.__...__.______..___._._.___.____.__.............._....._........_......................1792, 1796

Atlanta; repeal license fee for astrologers,

SB 553 ......

--.

..

-.-......472, 901, 973, 1040, 2315, 3060

Atlanta; revenue obligations, guaranteed tax to repay, certain

cases, HR 302 ------..-----.----------1230, 1239, 2424, 2435, 2757

Atlanta; sale of alcoholic beverages on Sunday, HB 405 ... ..... 818, 906, 976, 1004,

1011, 1029

Atlantic Judicial Circuit District Attorney; additional

secretary, HB 2013 ................. .....................................1709, 1714, 2094,2102, 2260

3072

INDEX

Attorney General; request investigation into Nursing Dean at

Medical College of Georgia, SR 413 . .

_____ __..____._____1827

Attorneys; procedures for license to practice criminal law, SB 446 ..........._____45, 477

Auburn City Council; attendance at meetings, HB 1261 ..... ... ___ 86, 90, 252, 273, 311

Auditor, State; compensation, expenses, HB 284 ______________________________ _____1717, 1808

Augusta, City of; employees' retirement system, change

age, SB 23 _..-_........_______.__No action in 1976

Augusta Protestant Episcopal Society; amend Act

incorporating, HB 1931 ______________________ __________1710, 1716, 2095, 2106, 2286, 2356

Augusta; residency requirements members of council, HB 1993 _______....___1512, 1523,

2426, 2439, 2708

Augusta-Richmond County; unify government,

HB 1009 .__._______.. ______________ ...-.______-.____....___ ____1295, 1469, 1518, 1674, 2810, 3'055

Austell, City of; change corporate limits, HB 1984 _______ 1511, 1522, 1805, 1831, 2111

Authority, Fulton County Industrial; create, SR 309 .._..._.___...______..._..591

Authority, Jekyll Island-State Park; membership,

SB 454 .._______..._.....__.._________._.. -_-.______.-._-...._______.____........___.....___50, 503, 544, 599, 617

Auto, Breaking and Entering; felony, SB 198 ..__._________-__________..--__.____.____498, 583, 887

Automobile License Tags; repeal Act relating to tax affidavits with

application, HB 1550 _______________ ____________.____...___..___1425, 1436, 1721, 1809, 2160, 2189

Automobile Registration; prohibit revealing names and addresses

of registrants, SB 413 ______ ________________________________28, 271, 308, 479, 543, 599, 612

Automobiles; standard of safety ability to sustain

shock, SB 501 ______ ________________ __________ . ______ .__ 247, 475, 506, 548, 564, 2702, 3060 '

Automotive Emission Requirements; urge Congress to maintain under

Clean Air Act, SR 86 -.-_...._ ................ No Senate action in 1976

Ayers, Dr. C. L.; regrets at passing, SR 277 . ....

...........................Z^>, 302

B

Bacon County Small Claims Court Judge; residency

requirements, HB 1632 ______________________________________________ ...____679, 684, 902, 972, 1039

Baconton, City of; new charter, HB 1092 ___________________________________ 252, 273, 315, 498

Bad Checks; change violation provisions and punishment, SB 5 __ No action in 1976

Bad Checks Trial; admissibility of evidence, SB 641 _______ 965, 1441, !533, 1742, 1745

Bail Bond, Criminal Cases; married woman act as

surety, HB 918 ...__...__.......__.__________.._______..._____..____1424, 1435, 2097, 2105, 2459, 2469

Bail, Criminal Cases; accused retains right of commitment

hearing, SB 643 ....... ________.._____.._________________._..._______.___.____1031, 1178, 1243, 1325, 1338

Bail, Traffic Offenses; prohibit use of driver's license except

in certain cases, HB 1339 .__________.. ______________ _ .497, 502, 597, 646, 693, 737, 749

Bainbridge, City of; ordinance violation penalty provisions,

HB 1438 ........... 299, 306, 595, 647, 689

Baldwin County; Adele Louise Tucker Park, SR 310 ....... .____591, 734, 770, 840,

863', 2419, 3061

Baldwin County Board of Commissioners Chairman; change

provisions, SB 648 ........................._... ... 1032, 1240, 1320, 1371, 1909, 3059

Baldwin County; conveyance of certain real property, SR 148 ...... No action in 1976

Baldwin County Mixed Drink Sale; certain hours, SB 428 ............ 42, 252, 271, 310

Baldwin County Small Claims Court; change

jurisdiction, SB 589 ................................................637, 731, 773, 824, 1793, 3059

Baldwin County Small Claims Court; fees in

proceedings, SB 625 .....

._.________-......___.893, 1132, 1181, 1250

Baldwin County Tax Commissioner; powers and duties relating

to tax fi. fas., SB 180 ._.__.___._______..____________.._. _____________ ..............No action in 1976

INDEX

3073

Baldwin County; teachers, sick leave, SB 358 .......... .... ......._..._.No action in 1976 Ballots; number equal to registered voters, HB 1822 ............1228, 1239, 1359, 1448,

1545, 1697 Bank Consolidation; provide for dissenting stockholders, SB 467 --....... ......._._..___69

Bank Holding Companies; stockholders' rights in acquisition of bank shares, SB 640 ...._............_..._.._..._...___..-..._...__.._...._._...............__......_.........965

Banks and Retail Installment Sellers; discrimination in credit prohibited, SB 96 .................--...................No action in 1976
Banks, Bank Holding Companies; regulate acquisition and control of stocks in banks, HB 131 .,,........_......._. .... ...___.________.______________47, 54, 72
Banks; change time period for acceptance of drafts, HB 1304 .............................................. . .. ......497, 501, 818, 906, 976, 1027
Banks; increase interest rate charged on installment loans, SB 126.............1424, 3059

Banks, International; encourage loans in this State, HB 1316 ................_..._..._.-.........._.._.......................497, 501, 765, 823, 909, 945

Banks; remove population requirements for new facilities, SB 150 ........___.__._13, 14

Bar Exam; General Assembly provide by law for

administration, SR 353

.

__...._.._______________________..._______._____966

Barber's License; change requirements, SB 21 ....................No Senate action in 1976

Barnesville, City of; punishment for violation

of laws, HB 1768 .._......_.._._......._._._....._............_.._.......1420, 1431, 1718, 1813, 1837

Barrow County Board of Commissioners; recreate and establish, HB 1760 ........._..___.__...__.._................___._._._.__1420, 1431, 1718, 1813, 1836

Barrow County Officials; number and compensation of employees, HB 1759 ................. . .. .................1115, 1125, 1718, 1812, 1836

Bartkowski, Steve; commend, SR 265 ......... .............__._._.__._._.......__.._..__..__...._.........__._73 Bartow County Commissioner;
compensation, HB 1965 ......................... ....................1423, 1434, 1719, 1816, 1843 Bartow County; conveyance of certain real
property, HR 598 ...................... ......._.___.__._.__.1166, 1175, 1359, 1448, 1545, 1698 Banks, Credit Unions; power to act as fiduciary,
certain cases, HB 1301 ........ ..................496, 501, 1177, 1245, 1326, 1376, 1389
Bartow County Probate Court Judge; compensation, HB 1964 . ..................... .. ....._..._..1423, 1434, 1719, 1815, 1843
Bartow County Sheriff; compensation, HB 1962 .......1423, 1434, 1719, 1815, 1843

Bartow County Superior Court Clerk; compensation, HB 1963 ..................................... ...............................1423, 1434, 1719, 1815, 1843

Bartow County Tax Commissioner; compensation, HB 1961--_._..----......1422, 1434,

1719, 1815, 1842 Battey Surgical Building; designate at Northwest
Georgia Regional Hospital, SR 357 .................... 1033, 1241, 1319, 1375, 1377,

3056, 3061 Baxley, City of; change corporate limits, HB 1893 .. ......1298, 1310, 2424, 2436,

2717, 3058 Beach and Dune Protection Act; enact, SB 281 ... .........................No action in 1976 Beef, Unlawful to Purchase Outside U.S.; State
Department, Agency, HB 1613 ................... .. 2089, 2091, 2241, 2249, 2459, 2640 Beehives, Damage Caused by Bears; State
liable, HB 738 ................... ..._..._......_..._.. 759, 763, 1176, 1244, 1325, 1376, 1380 Berlin, City of; new charter, HB 994 .,,_......___...._.. ..........._...__.................252, 272, 310 Berry, Honorable C. Ed; commend, SR 476 ......_..._............ ........_.._._._... ..........._...2942 Bicentennial Celebration in Burke County;
relative to, SR 409 ........._..._..._.... ......_.._....................._............. .................._...._.1817

Bicentennial Celebration in Emanuel County; relative to, SR 406....... . ---.--1817

Bicentennial Celebration in Glascock County; relative to, SR 410 ......_.__..........1817

Bicentennial Celebration in Jefferson County; relative to, SR 411 . . . ...............1817

3074

INDEX

Bicentennial Celebration in Jenkins County; relative to, SR 405 .-- -____. ________ __1817 Bicentennial Celebration in Warren County; relative to, SR 408 ______________ ___1817 Bicentennial Celebration in Washington County; relative to, SR 407 _________ _1817 Bicentennial Youth Congress; commend, SR 375 ._.._._____... _ 1325 Bicycles, Motorized; exclude from licensing requirements,

certain cases, SB 435 _______________________________ . ___________ ____43, 256, 597, 642, 692, 694

Billiard Rooms; permit Sunday operations,

certain cases, SB 348 ........ ..._._______________.___..__.__._______________731

Billiard Tables, Operating on Sunday; repeal Act

prohibiting, SB 556 ..................

..... __________________________ .,472

Bingo; exempt from lottery provisions of Constitution, HR 464 ____________________________ 266, 269, 766, 824, 910, 975, 986, 1086,

1166,1188,2349,2357,2421 Biologicals; conditions for sale, SB 434 .....__._._.__..............43, 233, 253, 275, 280, 635

Birth Certificate, Change; obtaining order from probate court, HB 1561 ______________________ ____.....__.1513, 1525, 2096, 2099, 2286, 2323
Birth Certificates; adopted persons born outside U. S., SB 671 _______.__.__..___.___. ....._________________...._..__________1232, 1359, 1446, 1545, 1678

Blackshear Recorder's Court; change jurisdiction, HB 1778 __________ 1116, 1125, 1241,

1323, 1365 Blackwell, Bob; commend, SR 358 .____________________..._....._.___..._..________________...._______________1059 Bleckley County; changes provisions relative to annual

audit, HB 2066 ............................_._.___._.__.__.............._..1791, 1801, 2094, 2103, 2263 Bleckley County Commissioner; compensation, HB 2065 .... _______ 1790, 1804, 2094,

2103, 2282, 2420 Blood Donation or Purchase; label
accordingly, HB 1249 ._______________________________637, 641, 1034, 1136, 1190, 1220, 1305 Blood Donation; State, county, city employees
granted leave, SB 177 _._..._..__._._.___.._..............._...._.___.._...._.._................. 245, 257, 532 Blount, Mel; commend, SR 383 ____________________________________________________________________ ______.._1375

Blue Ridge Judicial Circuit Superior Court Judge; payment on services in certain counties, SB 615 ... ........ ..810, 1034, 1135, 1190, 1216, 2702, 3060
Board, Depository; frequency of meetings, SB 441 ................44, 251, 271, 316, 455, 1352, 3059
Board of Accountancy; appointment of personnel, SB 644 ____________________________________._.._.______________1031, 1718, 1807, 1876, 1883

Board of Education; reinstate sixth-year

certificate program, SR 370 ___._____________.__._._______________1233, 1444, 1534, 1742, 1751

Board of Education; six year certificate program, HR 778 ._.... ____.___________.2222, 2234

Board of Pardons and Paroles; divide into three

member panels, SR 337 ________________....___.________763, 903, 969, 1051, 1098, 1114, 1154

Board, Revenue Estimate; create, SR 294

....... ______ _________________________473

Boards, Bureaus, Authorities; pay for one meeting

per day, SB 274 ._______..._..__..____________________________________..._.._..__...,._._______._..____________96, 532

Boat Traffic on Waters of State; regulation, HB 1500___________ 2237, 2240, 2428, 2435,

2738, 2800, 2806, 2888, 2902, 2944, 2950, 2979, 3055 Bohannon, Thomas J., Joe P. Bohannon, Jr., Robert Lee,
John McMillian, Jackie Pate; honoring, SR 371 ________________ ___._.....________________1283 Bond Elections, Cities and Counties; limitation on holding
for same purpose, SB 426 ..._________________________.._.__._________________41, 594, 642, 692, 693 Bond, Failure to Appear in Court; proceedings, SB 165 ______________ No action in 1976

Bond Proceeds; cities and counties additional types of investment, HB 1544 ___..__.......__________________.___._...__.________587, 594, 817, 907, 976, 1009

Bond; required from certain agents handling money for third parties, SB 325 ._...._........._...................._...__....._....._.._........... .........2702, 3060

INDEX

3075

Bonds, Securities to Secure State Deposits; additional Federal certificates accepted, SB 516 ._........ 249, 730, 768, 839, 845, 1514, 3059
Books, Surplus; allow donation to certain nonprofit organizations, SR 112 _._.____.__.___..._..______... .....____..______________________.______._______.2383, 3061

Borrowing of $25,000 or More; interest rates, SB 463 ___._______.51, 251, 272, 316, 456, 468, 483, 542, 599, 621, 2902, 2943, 2949, 2963, 3031
Boston Farm Center, Incorporated; compensate, HR 97 _______......__-______.2223, 2234, 2422, 2432, 2883
Bows, Compound; authorize use of for certain taking of game, SB 523 ._..... .._.._..-.._._......__..__.._.......__.___._........_..._.._._.266, 477, 507, 548, 567

Branch Banks; remove population requirements, SB 150 _______.-._._________..__________13, 14 Branigar Organization, Inc.; State Properties Commission
grant easement to, SR 339 ____........_______._.. 763, 1035, 1136, 1190, 1208, 1517, 3060 Breaking and Entering Auto; felony, SB 198 .........._..._...........__.._..........498, 583, 887 Brewton Parker College Baronettes Basketball Team;
commend, SR 460 ._.--_--_-------_-------_._.--_-....----_----_--.._.__.__-___._._________________.2691 Bristol, James David; welcoming, SR 288 _______________ ..... ..._..._...._......_..___.___.....275, 470 Brooks County; compensate, HR 609 .........._.__.................. 1304, 1317, 1529, 1726, 1929 Brooks County; funds for feeding prisoners, HB 1650 ..---680, 684, 902, 972, 1039 Brooks County Small Claims Court; administrative
fee, HB 1149 ....._...._......._._._._._............__._..._..._.1529, 1726, 1825, 2368, 2457, 2692,

2693, 2916, 3054

Brooks Mayor and Councilmen; terms of

office, HB 1852 ..................._._..______._..._______.1163, 1172, 1443, 1539, 1737

Brown, Honorable George L.; Lieutenant Governor of

Colorado, address .............

-...._. .........-.....-.--.........._.__...41

Bruner, Miss Esther; commend, SR 271 .__......._..._.__..._.......__.___.___..........__.___.._..........237 Bryan County Sheriff; employment of
deputies, SB 612 _____________________._____._...___________.._____.______...____________761, 1132, 1180, 1249
Bryan County State Court Judge and Solicitor; eligibility requirement, SB 701 ..................__.__. 1519, 1718, 1812, 1834, 2482, 3060
Buchanan, City of; additional powers of governing authority, HB 1891 ................1298, 1309, 1529, 1727, 1819
Budget, Balanced Federal; proposed constitutional convention to ratify, HR 469 ___.........___.____.........__.___._........__.49, 53, 70', 93, 97, 106

Budget, National; urging Congress to balance, SR 244 ___________._.._.__________.30, 270, 298 Building Administration Board; substitution of ex
officio members, HB 1468 ___.........___.___..,,.._..___. 1512, 1524, 2096, 2101, 2286, 2318 Building Authority; powers and authority on buildings and
property, HB 1920 .__..._..__.___...._..._.__...___....1429, 1437, 2428, 2432, 2737, 2780, 3058

Bulloch County Chairman and Clerk Board of Commissioners; compensation, HB 1974 ________.__.___.1510, 1521, 1805, 1830, 2109
Bulloch County Coroner; compensation, HB 1976...---1510, 1521, 1805, 1830, 2110 Bulloch County; lease of certain State-owned
property, HR 746 .............__.___.__.........___.1305, 1316, 1444, 1538, 1743, 2161, 2232 Bulloch County Officials; compensation, HB 1972 .-.-1792, 1796, 2094, 2101, 2259 Bulloch County Probate Court Judge; compensation
of clerical employees, HB 1979 __.......__.___.__......._...__.1511, 1522, 1805, 1830, 2110

Bulloch County Sheriff and Deputies; compensation, HB 1978 ....... 1511, 1522, 1805, 1830, 2110
Bulloch County State Court Judge and Solicitor; compensation, HB 1977 _........._.___._____........._.___._.___..1510, 1522, 1805, 1830, 2110

Bulloch County Superior Court Clerk; compensation of employees, HB 1973 ......._____._..._..........____.._.............1510, 1521, 1805, 1830, 2109

Bulloch County Tax Commissioner; compensation of

assistants, HB 1975 _._.._...........__.__..____.._.._......___._._.___.1510, 1521, 1805, 1830, 2109

3076

INDEX

Burglary; define unlawful entry of vehicle, railroad car, aircraft

or watercraft, provide penalty, SB 170

.

.._.._.... No action in 1976

Burke County, Bicentennial Celebration; relative to, SR 409 ........._......._.___.__....1817

Burke County; conveyance of certain State-owned

property, SR 322 _...._..............................____.__.....682, 734, 770, 840, 865, 2371, 3061

Burrows, Hugh; regrets at passing, SR 398 ...._..._................._.....__.._...._......_..._.. ... 1742

Burton, Dr. Glenn W.; appreciation to, Jr. 1.... ..... ........,,_.................. .....__._...__._32

Busbee, Governor George; communication from ._.._...._. .......... ............19, 21, 487, 929

Busbee, Governor George; veto letter, 1975 session. ....... .............------------19

Buses, Public; certain acts prohibited

while riding, HB 1583 . ._...._._._..... .._.....1301, 1314, 1721, 1810, 2161, 2213, 2419

Business Practices, Pair; certain practices declared

unlawful, SB 647 --------.....-.--------........-----------------------1031

Butts County Small Claims Court; create, HB 1946 _...._.1422, 1433, 1719, 1814, 1840

Byrd, Tim; compensate, HR 621 ...... . . ........................ 1304, 1317, 1529, 1726, 1930

c

Camak, Town of; mayor and councilmen,

terms of office, SB 665 _________.___________.___._______.1168, 1442, 1538, 1732, 2221, 3059

Camden County Tax Commissioner; compensation,

HB 1574 -.._...--------..--------------------------634, 640, 1133, 1181, 1257

Camilla, Downtown Development Authority; establish,

HR 721 ----........_.------....----------------------.1231, 1240, 1443, 1543, 1780

Campaign and Financial Disclosure Act;

amend relating to filing of reports,

SB 609 ......--.--------------------------------761, 1319, 1360, 1450, 1452, 3051, 3060

Candidates, Nomination; certain local education

board members elected nonpartisan election, HB 1416 . _.......... .----470, 474

Carroll County Board of Education;

election, HB 2002 ---.--------------------------.----1791, 1797, 2094, 2101, 2259

Carroll County Coroner; compensation, HB 1718 ---1225, 1233, 1442, 1538, 1732

Carroll County Tax Commissioner; compensation,

HB 1719 -----.-........---------.----------- 1225, 1233, 1442, 1538, 1733

Catoosa County Board of Utilities Commission;

powers and duties, HB 1936 -------------1421, 1432, 1719, 1814, 1839

Catoosa County; conveyance of certain real

property, HR 665 ----..----------------------1121, 1131, 1242, 1320, 1451, 1498

Catoosa County; create stadium authority,

HR 812 .-----.----------..----..------------------.1794, 1804, 2094, 2104, 2328

Cemetery Vases, Statuary, Bronze; dealers record

purchases, SB 19 -- .--------.. .... .. ..No Senate action in 1976

Censure of Senator from Sixth District, SR 245 .............. . . ... 16, 542, 585, 631

Central State Hospital; Ingram building

named after James C. Hogan, SR 316 ....... 592, 819, 905, 976, 1018, 3056, 3061

Certificate of Need for Health Facilities;

study committee, SR 299 ...._...._..._...._.................. ...473, 596, 645, 693, 737, 777

Certified Public Management Program; authorize

Merit System to implement, HR 537

.724, 729, 1033, 1137, 1190, 1210

Chaplains of the Day:

Abernathy, Dr. Ralph ............................... .._......_...._............. ......_....... . ........1544

Banks, Reverend Wendell ... ... .................__.._................_................ ................975

Beverly, Jr., Mr. F. J. . .. ................... ... . . . ..... ..... ..... .. ............... --------1187

Brackett, Dr. Alvin H. .........

.................... ................ . ...... . .--908

Brezina, Mr. Greg ....... ............ ....... . ...... ......_... ......_............................ ...1742

INDEX

3077

Buice, Reverend Lester ._.------------..._. _______________________________________________ 316 Bullington, Reverend Elick S. _______________________________________________-_______...______ 2285 Carroll, Reverend John B. ....... ------------------------------------_____----1044 Center, Reverend Hayden ________________________________________________________________________________ 2737

Coker, Reverend Sam .._._....._........._._._...._... ______________..____...___.__ -______..._____._._____832 Crocker, Reverend Dan _. ..--------------.------.....----.._--------..___,,_____________.._____..__.275 Dorriety, Dr. Jim ___._.........__..__._._..._.._..._......._._._...__..._._._.__..__.._._._...._......._______________691

Duffey, Reverend Charles A.

.

......... ...... ..72

Dunn, Reverend M. Eugene

________..______...41

Burden, Reverend Kelmer __.._._.__...__.._..___._._..__.._..__..._.._.....................__..._._._..__._.__1137

Estes, Reverend Ralph S. ............._........................................._...__._._._.._................776

Forrister, Rev. N. Wesley __...._.___.._._._......._...._._._...._._................._...._.___._.____..___.__..1325

Gilley, Jr., Reverend Paschal ........___...._.______--.11

Hammond, Reverend William T. ___..........._._____...._..._..........:.._..........__..._._._.._......1375

Haygood, Reverend David _-.._-.-----__..------------__------------------...-----------508 Huyck, Reverend Albert ....__...._._..._._.__...__..__.___.___.__......_.................____..___-___._.......255

King, Reverend Ronald ----..... .... .........--_.._....---..----------------.----.----------.54 Maddox, Reverend R, L. . ..._...._._._..___._..__.._._.__...___._......................._.__._..__..__........2454

McTier, Reverend Bill ------.............-- . ........-.....--.------...------... ...--------1875

Ozment, Dr. Robert __---- ....--------..--------.JL..__._._.__.................._._._._____..._.......1248

Peavy, Rev. B. P. _______ .

.

______________ _____._.._.... ....._.___648

Rabbitt, Captain Lewis __.._._._--.........------------_.._..._.......--......----------------599

Smith, Reverend Marshall .

. . ...................-478

Swilley, Jr. Reverend Wallace ....-- .------------------.......,,..__.___._--___..--__._..__736

Wall, Reverend Max _______.__._. ----------------------_.--------------------._._----._____547

Wall, Reverend Woodrow

..._--.------_------..---- --

-- 1449

Warren, Jr., Reverend L. C. _________ __________________________________________________________________ 236

Watson, Reverend Gil ___________________________________ _________________________ ._..,,._._______.___ 2160

Wilhite, Reverend Donald .......-------- .--------......... ______ ______________________________..27

Charitable Trust Act; amend to exempt trustees, certain cases, SB 174 ----..._.. ... ___________ .....No action in 1976
Chatham County Board of Zoning Appeals; increase membership, HB 2000 _----------_----.........1512, 1524, 1806, 1832, 2114

Chatham County; capital improvement projects rejected by voters, SB 409 _ __________________________________________________ No action in 1976

Chatham County; certain manufacturing improvements ad valorem tax exempt, HR 777 ........ ..........___------1427, 1440, 1719, 1817, 1923
Chatham County Commissioners; compensation, HB 1932 .------.....-.-----------_.----------1300, 1312, 1530, 1729, 1825

Chatham County; conveyance of State-owned property to Union Camp Corporation, HR 567 ______ ........ ..._..__.681, 686, 734, 772, 840, 881
Chatham County; easement to Pierpont-Corbett Box Company, HR 540 _ ...-.---- ._... ..... ....499, 502, 734, 772, 840, 879, 893

Chatham County; easements to Union Camp Corporation, HR 751 ______________ __ ._------------ .._.------------1231, 1240, 1359, 1449, 1545, 1702

Chatham County Investigative Grand Jury; provide, HB 1882 ....-.----.......----------..--------------..-1297, 1309, 1529, 1727, 1818

Chatham County; property easement to Georgia Pacific Corporation, HR 503 _____________________ .........498, 502, 734, 772, 840, 876, 893

Chatham County State Court; additional judge, HB 1736 ....-..----.......------------..-..-.------------..----890, 897, 1133, 1183, 1256

Chatham County State Court Judge; compensation, HB 1735 __ ..._..----------. ----------------.------------.......890, 897, 1133, 1183, 1255

Chatham County Tax Commissioner; compensation, HB 2107 _------..--------.2993

Chatham County Utility Services Authority; create, SR ll______.___No action in 1976

3078

INDEX

Chatham County Water and Sewer Authority; create, HB 1900 --...-____________________________......-..-_-.._____________.__________1298, 1310, 1529, 1727, 1819

Chattanooga, Tennessee; Properties Commission lease

State-owned property, HR 663 _._......_..........._............_.............................1427, 1438

Chattanooga, Tennessee; State Properties Commission

transfer property, SR 343 _________ ___ . .895, 1035, 1136, 1190, 1208, 3056, 3061

Chattooga County Board of Commissioners; create,

HB 1360 ______________________________________________________________.....__.____265, 268, 595, 646, 690, 760

Chattooga County Probate Court Judge; clerical help,

HB 1539 ...................

535, 540, 732, 775, 829

Chattooga County Superior Court Clerk; budgets

for office operation, HB 1537

.

___534, 540, 731, 775, 828

Chattooga County Tax Commission; change

personnel provisions, HB 1538 _._.........___.___._._._...__.___.___.__.535, 540, 732, 775, 828

Cherokee and Creek Indians; pay tribute to, HR 530 _________________________________ 227, 237

Cherokee County Officers; employees, HB 2023

_1788, 1797, 2242, 2253, 2445

Cherokee County Officials; compensation,

HB 1913 ______________________________________________ .... _________ _ _ ___ 1299, 1311, 1529, 1728, 1822

Cherokee County Officials; number of employees,

HB 998

.

Cherokee County Superior Court Clerk; assistants,

compensation, SB 338 ................... ........................

._ .......No action in 1976 _____ No action in 1976

Cherokee County Superior Court Clerk; compensation, SB 337 _______________________________________________________________________________ ___________ No action in 1976

Cherokee County Water and Sewer Authority;

membership, HB 1912 _____________________________________________ 1299, 1311, 1529, 1728, 1821

Cherokee Judicial Circuit; additional judge,

SB 444 ...........

44, 477, 505, 547, 576

Child Abandonment Case; parents competent

witnesses, HB 1348 ................................................ 300, 305, 596, 646, 693, 737, 750

Child Absent from School; temporary custody provisions,

certain cases, SB 511 _________________________.____________249, 732, 768, 839, 843, 2483, 3060

Child, Minor; stepfather provide maintenance,

certain cases, SB 530 ___________________________________________ __ ... __ ________ 267, 1134

Child Support, Divorce Cases; change provisions,

SB 559

.... ___.499, 596, 644, 693, 737, 739

Child Support Recovery Act; redefine certain terms,

SB 545 ,, .

.. 471, 596, 643, 693, 717, 3051, 3061

Children and Youth Act; amend relating to escape

and custody, HB 1564 ......................................1351, 1356, 2097, 2106, 2459, 2638

Children, Custody; review of judgments, HB 1517 ________________________________________ _________________ 1425, 1436, 2245, 2257, 2459, 2506

Children, Willful Acts; limit tort liability of parents, SB 520 .... . . . . . ______ 250

Chiropractic College Student; circumstances for performing tasks, SB 650 ___________________ ________________ _

......... 1032

Chiropractic College Student; conditions for performing chiropractic tasks, HB 1533 _________ 1119, 1129, 1531, 1724, 2160, 2185, 2420

Cigars, Cigarettes; selling below cost price, repeal provision,

HB 1944

.

____________________ _ 1677, 1706

Cities and Counties, Grants; relating to street maintenance and traffic control,

SB 527 ___._._..._......_.......________________________.__._..__. ____266, 594, 643, 692, 714, 3051, 3059

Cities and Counties, Levy Local Sales Tax; amend Act, HB 1353 _______________________ _______________1352, 1356, 2093, 2098, 2285, 2309

INDEX

3079

Cities and Counties; loans and grants from Federal

funds received for housing, HB 1464 _._.___.___.1229, 1237, 1441, 1535, 1743, 1764 Cities, Counties; bonds proceeds, investment,
HB 1544 ._____.._______.___.._______..__________________.______________.____..___.587, 594, 817, 907, 976, 1009 Cities, Counties; establish homesteading programs, HB 905 __.._-_________.____1515, 1524

Cities, Counties; grant certain ad valorem tax exemptions, SR 113 __________________________________________ No Senate action in 1976
Cities, Counties; limitation on bond elections for same purpose, SB 426 _.._...._.._...__. 41, 594, 642, 692, 693
Cities, Counties; powers of planning and zoning, HB 1324 _______________.____......___...._.___.____________-_--___-_._.__________________.._.300, 305, 771, 840, 870
Cities, Counties; provide for recall of elected officials, HB 1528 _____ 586, 594, 1188 Cities, Counties; referendum required for airport
construction, HR 490 ___.____..__________._________.......,,____.___. 1354, 1357, 2097, 2354, 2458 Cities, Counties; remove limitation on professional tax, SB 550 .,,_......,,._..___.___.471 Cities, Counties, School Districts; certificates of
deposit, provide for security, HB 2050 ________2090, 2092, 2241, 2251, 2460, 2683 Cities, Counties; subject to ad valorem tax for
certain property, HB 1311 ___.._..........__..___._.___...963, 966, 1358, 1447, 1545, 1685 Cities, Grants; provisions for filing for funds,
SB 528 ___._______.___.______________.__...___.____________.-_-_._.___. 267, 731, 768, 839, 848, 3051, 3059 Cities, Incorporated; relating to bids and procedures on
public works contracts, SB 604 ._.___.____________._.__________725, 1177, 1243, 1325, 1331 Cities, Incorporation of; exempt certain cities from distance
requirements, SB 653 .__.____.._.____..__________________.________________________._._____________..____._________1032 Cities; redefine contiguous areas for annexation,
HB 1310 _______.___..-_.....................__..___.680, 685, 1177, 1245, 1326, 1450, 1473, 1486, 2095, 2285, 2306, 2699
Citizenship; females not exempt from military, police or road duty, SB 680 ___________________.___._______.____._..1307, 1532, 1723, 1876, 1894, 1935

City Charter; referendum required on local Act repealing, SR 308 _______________._______.638 City Corporate Limit Extension; circumstances to become
effective, SB 593 _._.._...._.... .._______.___.,..._______.____638, 1177, 1243, 1325, 1328, 1351

City-County Consolidated Governments; amend Municipal Home Rule Act relating to charters, SB 666 __________ ..___.__.._____________1168, 1441, 1534, 1742,

1749, 3050, 3060 City, County Office; 18 year olds eligible, SB 702 ___.___________________________________.________1519 City of Moultrie; referendum on number of alcoholic
beverage licenses to be issued, HB 1147 ___________________________.________No action in 1976 Civil Defense; certain rescue organizations exempt from
licensing requirements, HB 163 ________________________________________....___.234, 253, 275, 288 Civil Practice Act; provide for pleadings in actions for
medical malpractice, HB 1446 _....._____.______...__ 1229, 1236, 2096, 2100, 2459, 2480 Civil Practice Act; revise procedures relating to
class actions, SB 711 ________________.-______-_______....._________________......._____________......_...___.____2422

Claims Against Counties; change time for property tax credit claims, SB 343 ..._.__________________..._____ __. ,,

_ No action in 1976

Clarke County Board of Elections; change population category, HB 1868 ___.____.__._____.._.__________.____..._____1792, 1796, 2243, 2254, 2452, 2700

Clarke County Juvenile Court Judge; compensation, HB 1969 ____._______-_---.-..._._____.__________._...____.____________..__.__. 1510, 1520, 1805, 1829, 2108

Clarke County; purchase of materials, HB 1863 ___._...___. 1226, 1234, 1443, 1540, 1738

Class Actions, Civil Practice Act; revise procedures, SB 711 ----_._--_.__.-.._________.2422

Clayton County; abolish office of coroner and create County medical examiner, HB 1440 _______________.....________________300, 307, 595, 647, 760

3080

INDEX

Clayton County Commission Chairman; compensation,

HB 1631 .--------................---------..--------------.679, 684, 902, 971, 1038

Clayton County; interment of paupers and

indigents, HB 1988 ...--...--

....... 1511, 1523, 1805, 1831, 2112

Clayton County; justices of the peace, increase

dollar amount of cases, HR 595 -. .. .. -

..724, 730, 902, 974, 1049

Clayton County Probate Court Judge;

compensation, HB 1677 ........._..._..._............_._..._....._.. ........723, 727, 902, 973, 1042

Clayton County Superior Court Clerk and Sheriff;

compensation, HB 1684 .__._...____________...._...____________________________723, 727, 902, 973, 1042

Clayton County Tax Commissioner; compensation,

HB 1681 .--...................._.

. . ................723, 727, 902, 973, 1042

Clean Air Act, Federal; urge Congress amend, SR 376 .._..._.._._._...__..._..._._................_..... .......1355, 1532, 1723, 1876, 1902
Clean Air Act, Federal; urge Congress to amend, HR 770 ........................1122, 1131 Clean Air Act; urge Congress to maintain current
automotive emission requirements, SR 86 ....................No Senate action in 1976 Clerks of Superior Court; change retirement

provisions, SB 452 ----------------------.46, 308, 475, 508, 523, 1304, 2296, 3059

Clinical Clerkships; provide for certain persons who

have studied in foreign medical colleges, HB 1560 . .. .... .......1515, 1525, 2096,

2099, 2286, 2322 Clinical Laboratories; exempt State-operated from
provisions of Act, SB 437 ................................... 43, 766, 820, 909, 914, 962, 1051, 1052, 1794, 1889, 3059
Cobb County; disposition of assets of cities within, HR 717 .-...........-------------......-...-..-..-.1166, 1175, 1443, 1543, 1776

Cobb County Homestead Exemption; exclude certain retirement benefits, HR 722 .........._..._._..... ... . .... 1353, 1357, 1530, 1730, 2196

Cobb County; lease of State-owned property,

HR 583

....................

. 681, 686, 818, 907, 976, 1016

Cobb Judicial Circuit Judge; compensation, HB 1162 ............... No action in 1976

Code Revision Study Committee; create, HR 611 ........ 2090, 2092, 2427, 2432, 2941

Code Title 47; committee to study and

revise, SR 274 ._..______..._...._.._..._..................._._._.....................250, 819, 905, 976, 1026

Coffee County; change auditing procedures, HB 1673 -----723, 727, 902, 973, 1041

Collective Bargaining Agreements; committee to study HB 1555, HR 710 ___._._..._._............_.......__.._..._.............
Collection Agents; bond required when handling money

.....1231, 1239

for third parties, SB 325 .........................__..._...........................................2702, 3060 Collection of Debts by Certain Collectors; provide, SB 529 _..... . .................267, 818

Collective Bargaining; agreements relating to service charge for labor representation, SB 276 .....__....................._....................................504, 509

Collective Bargaining by Public Employees; committee to

study, SR 122 .__.___.__..._..._..........................._..._..............._..__.._....._.No action in 1976

College Degree; minimum value $10,000, SB 686 -------1308, 1530, 1723, 1876, 1896

Colleges, Military; tuition grants to students, certain

cases, HB 1308......

1352, 1356, 2244, 2257, 2459, 2477

Colorado, Lieutenant Governor of; Honorable

George L. Brown, address ............_..._..................... .............

..

41

Colquitt County State Court; monthly and

quarterly terms, HB 1435 ----

.------

..299, 306, 595, 647, 689

Colquitt County Tax Officials; relating to time for tax returns, SB 692 .............._........._..._._._.._......1354, 1442, 1542, 1731, 2316, 3061

Colquitt County; time for making tax returns, HB 1840 ............._................_._......._._....._._.....1162, 1171, 1443, 1589, 1736

INDEX

3081

Columbia County Board of Commissioners; election

of chairman, HB 2025 -..._.....................__.._._..........._.1787, 1797, 2243, 2255, 2449

Columbia County; collection of license

fees, HR 584 ___.................___.____.___________.___________.___.___________.___636, 641, 902, 974, 1044

Columbia County Superior Court Clerk; collection

of mailing fees, HB 1635 ___..___________________________.__________________.679, 684, 902, 972, 1039

Columbus City Court Judges; filling of vacancy, HB 1411 ___.___.__..___.__._534, 538, 731,

774, 825

Columbus Hospital Authority; create, SB 391 ________ ___________.__________.No action in 1976

Commercial Gambling; punished as felony, SB 288 -______.___.___..______.No action in 1976

Commission on Status of Women; composition and

pay, HB 884 ...._..___....._.._..._....._................ No action in 1976

Commission to Study Atlanta Expressways;

create, HR 228

....................... A'i, 16, 92, 97, 105, 1428

Commission to Study Equal Rights; create, SR 91 .__,,,,.__--..........No action in 1976

Commission to Study Georgia Tax Revision;

create, SR 127 .................. No Senate action in 1976

Committee, Agrirama Development Authority Overview;

oversee operations of the Development Authority,

SR 77 -.-.-,,....---.-----.-...... No Senate action in 1976

Committee, Government Overview; create, SR 318 _________.639, 765, 821, 909, 975, 981

Committee, Joint Workmen's Compensation Law Study;

create, SR 319 ______......._...__.______.___..._...._._._.._...._--_.____._....__.639, 733, 770, 840, 864

Committee Members, General Assembly Interim;

travel, SB 453 _.______..__._..__________________________..-_..._.._...__.___5(}, 1319, 1360, 1450, 1451

Committee of the Whole Senate -.--.-,,,,- ..... .-.--,,,,-.--... ..585, 631

Committee on Economy, Reorganization and Efficiency in

Government, Senate Standing; abolish, SR 8 ................No Senate action in 1976

Committee, Senate Agricultural Research Study;

create, SR 303 .....__________._______._.______________.__________.__......_______._.______________..__.500', 730, 2344

Committee to Investigate Regional Governments;

create, SR 345 ............._..___.._......................___..______.__....895, 1441, 1534, 1742, 1750

Committee to Study and Revise Code

Title 47, SR 274 ................................ 250, 819, 905, 976, 1026

Committee to Study Certificate of Need for Health

Facilities, SR 299 ___.._...........__.___.___.___.._....-..........._..._.473, 596, 645, 693, 737, 777

Committee to Study Code Revision; create, HR 611 ________.._._.__._..___ 2090, 2092, 2427,

2432, 2941

Committee to Study Consumer Debt Collection;

create, SR 382 .-_..-__.............._.._.__.._..._................_......._.___.__.........._._.1356, 2940', 2941

Committee to Study Correctional Educational

Programs; create, SR 438 .....___.__._______.__________._............___.._.._............._.___.2091, 2246

Committee to Study Curriculum for Public Schools;

create, HR 861 ____.__.....__...........__.__.._._..._.___._._.....2061, 2084, 2244, 2258, 2460, 2680

Committee to Study DeKalb County; create, SR 450 ____,,_._________,,._______--_________--..2455

Committee to Study DeKalb County Property

Appraisal; create, HR 549....._...__.___._.-.........---636, 641, 1719, 1816, 1872, 2238

Committee to'Study Driver Education; create, SR 124 ......No Senate action in 1976

Committee to Study Education Laws;

create, HR 614 ._..____.__.._.._........_.________.__.2061, 2083, 2244, 2258, 2460, 2660, 3053

Committee to Study Federal Davis-Bacon Act;

create, SR 392 ........___.._...........___________.....................-_.............._......-....-...-----.1713

Committee to Study Full Employment in Georgia; create, SR 387 .__..__.__:.........____.___......_.........................1430, 1720, 1808, 1876, 1903

Committee to Study Full Employment in Georgia; create, HR 813 .__..__.........___.__..................2090, 2093, 2245, 2251, 2460, 2674, 3057

3082

INDEX

Committee to Study Fulton-DeKalb Hospital Authority; create, SR 363 ,,--------.----.... --------1168, 1719, 1816, 1844, 2485, 3061
Committee to Study General, Mechanical and

Electrical Contractors; create, SR 391 ----------

1520, 2940, 2941

Committee to Study Generic Drug- Substitute; create, SR 462 ...................._._.....2691 Committee to Study HB 1555, relating to collective

bargaining agreements; create, HR 710 .........................................._..._.1231, 1239 Committee to Study Health Education; create, SR 415................... 2090, 2244, 2344

Committee to Study Health Laws; create, SR 349 ............896, 1034, 1136, 1190, 1219

Committee to Study Health Maintenance Organization;

create, SR 128 .....------------

--

. No action in 1976

Committee to Study Materialmen's Lien; create, SR 378 ............1355, 2940, 2941

Committee to Study Medicaid Claim Processing;

create, SR 298 _._.._..._..._...._..........._.._......._._._..._......... 473, 733, 770, 840, 908, 911

Committee to Study Mental Retardation; create, SR 214 .............. No action in 1976

Committee to Study Mental Retardation; create, SR 314 ........... -----592, 733, 2344 Committee to Study Power Plant Siting; create, SR 123 ........... ..........88, 256, 887 Committee, to Study Property Tax Sales Ratio;
create, SR 441 __..................._..._.._..........._._....._.........._..._.......,,. ........2240, 2940, 2941 Committee to Study Services for Aged; create, SR 419 . .......... ...............2091, 2690 Committee to Study Small and Minority Owned

Businesses; create, HR 543 ....................809, 817, 1444, 1537, 2460, 2684, 3052 Committee to Study State Computers; create, SR 306 ........538, 819, 905, 976, 1017 Committee to Study State Government Expense Vouchers
and Travel Allowances; create, SR 412 _..._._.._................................ ......1827, 2940 Committee to Study Status Offenses; create, SR 396 ........ ......1714, 2247, 2343 Committee to Study Troubled Children;
create, SR 315 .......................................638, 1034, 1135, 1190, 1217, 2704, 3061

Committee to Study Visual Care; create, SR 292 ............ ................................304 Committee to Study Water Resources; create, SR 418 ................ 2090, 2246, 2345

Committee to Study Welfare Programs; create, SR 379 ................................1355 Committee to Study Young Adult Involvement; create, SR 449 ................ ..... 2345 Common Carriers; relating to distribution and
payment of taxes on malt beverages, HB 1394 ........... . 587, 593, 1132, 1186, 1273, 1280
Common Carriers; relating to sale and distribution of wine, HB 1395 ....................................................680, 685, 1132, 1186, 1273, 1281
Communications from Governor _............_...._.__.._..._...._..........................19, 21, 487, 929

Community Affairs Bureau; create State Office of Housing Section within, HB 1467 ..............1229, 1237, 2095, 2105, 2285, 2316

Community Antenna Television Systems; considered project under Development Authorities Law, HB 1336 ......... 963, 966, 1177, 1245, 1326, 1376, 1450, 1477
Community Development Department; change name to Industry and Trade, SR 307 ............................538, 687, 735, 777, 797, 2704, 3061

Community Development Department; provide for Small Business Assistance Division within, SB 598 .....-.-.....-682, 903, 969, 1051, 1090

Community Development Department; repeal authority to override denial of grant applications by Planning and Budget, HB 1466 ..............................................1119, 1129, 2096, 2101, 2285, 2311
Companies Doing Water Business; tax returns, HB 391 ..... .........543, 598, 649, 675 Computers, State; committee to study, SR 306 ............... ........538, 819, 905, 976, 1017

Concord Mayor; office, election and removal, HB 2036 ......................................................................1788, 1798, 2243, 2255, 2449

Confederate Soldiers; repeal tax exemption granted on park owners, HB 1236 ........._..._..._...._......._.............226, 232, 765, 822, 909, 938

INDEX

3083

Congress; urge reenactment of Fiscal Assistance Act, SR 261 .......--_.._____.....73 Congress; urged to amend Social Security Act,
Title XVI, SR 333 __._.__..._..........,,.._.. .__.._.._.._.____.__.___..___762, 1241, 1319, 1375, 1376

Congress; urged to balance national budget, SR 244 __.._......................._..30, 270, 298

Conservation Ranger Act; provide, HB 1491

. ,,.807, 816, 1179, 1247, 1326,

1376, 1389

Conservators for Aged Persons; provide powers

and duties, SB 376

.

.

No action in 1976

Consolidation; General Assembly authority in areas

of 600,000, SR 327 -...__.___._______.___._._.___-_.-....._........................._............___________.___.726

Constitution, State; provide, HR 462 ______.____.____68, 70, 1179, 1248, 1326, 1876, 1947,

2209, 2321, 2369, 2403, 2944, 3055

Constitutional Amendment, U.S.; urge Congress to initiate

to limit Federal appropriations to estimated revenue, SR 240 ----___.___________.30

Constitutional Amendment, U.S.; urge convention for balanced

Federal budget, HR 469

.._....__..__,,.._._...._. 49, 53, 70', 93, 97, 106

Constitutional Amendments; by initiative petition,

SR 27 -..,,.........._.....,,..._.,,_,,,, 968, 1035, 1137, 1141

Constitutional Amendments:

Ad Valorem Tax; cities and counties grant certain exemptions, SR 113 ___..._..__.___..._._._.__...__.__. No Senate action in 1976
Ad Valorem Tax; exempt property of historical societies, SR 362 ______..__.____.______._.__________________._._.1123, 1358, 1446, 1545, 1679
Ad Valorem Tax; exempt property of nonprofit home for aged, SR 42 .__.._..____._._..............................................._......_2943, 2950, 3061
Ad Valorem Tax; exempt property used as solar energy heating or cooling system, SR 284 ...................268, 503, 546, 600, 648, 664,
2382, 2401, 3061 Ad Valorem Tax; exempt tangible property stored
in transit, SR 249 ___.__________..._..._........_._.._...._________.._____.__________.__..___................30 Ad Valorem Tax; exempt tangible property stored
in transit, provide for local option, SR 260 .._..................._..__.___.________.___52, 251, 272, 317, 465, 479, 508, 547, 577
Ad Valorem Tax; exempt tangible property stored

in transit, provide for local option, HR 398 .__._______..__.___.._......................1428, 1438, 1718, 1811, 2161, 2286, 2371
Ad Valorem Tax for Schools; homestead exemption, certain 62 year olds, SR 52 ...._...._-......_.-__..........................No action in 1976

Ad Valorem Tax for Schools; homestead exemption,

certain 62 year olds, SR 59 ____.__..__.___._______._._.__..__..........__..No action in 1976

Ad Valorem Tax for Schools; homestead exemption

for 62 year olds, certain income, SR 311 __.._._...___._._._______.._...__.__._........._591

Ad Valorem Tax; homestead exemption, certain 62 year olds,

SR 161 _------,,---.---,,---,,---------__.__._,,_

No action in 1976

Ad Valorem Tax; homestead exemption for 62 year olds, certain income, SR 60 ........_-__-__..,,-,,----_--,,_______________--_,,--.No action in 1976

Airport; referendum required before construction in any city, county, HR 490 ._..-..................._._1354, 1357, 2097, 2354, 2458
Albany, Central Development Authority; establish, HR 864 __...................__._._.______..._.-......1910, 2084, 2425, 2439, 2773
Appropriations Legislation; time periods for consideration by General Assembly, SR 255 ,,-...._,,,,---------------- 46

Athens, Downtown Development Authority; power of eminent domain, HR 754 ---1427, 1439, 1719, 1816, 1918, 2238

Atlanta; homestead exemption, annual filing no longer

required, SR 152 ,,..,,,,..- ------------------

902

3084

INDEX

Atlanta; revenue obligations, guaranteed tax to repay, certain cases, HR 302 .______________.....___.._.__._________.1230, 1239, 2424, 2435, 2757
Bar Exam; General Assembly provide by law for administration, SR 353 ----------------...._...._...._.__......___________________.___________.966
Bingo; exempt from lottery provisions of Constitution, HR 464 ..... ... 266, 269, 766, 824, 910, 975, 986, 1086, 1166,

1188, 2349, 2357, 2421 Board of Pardons and Paroles; divide into three member
panels, SR 337 ....................................763, 903, 969, 1051, 1098, 1114, 1154 Camilla, Downtown Development Authority;
establish, HR 721 ....................... ...................... 1231, 1240, 1443, 1543, 1780

Catoosa County; create stadium authority, HR 812 _...._...__._._._._._............................................_..1794, 1804, 2094, 2104, 2328

Chatham County; certain manufacturing improvements ad valorem tax exempt, HR 777 ....................1427, 1440, 1719, 1817, 1923
Chatham County Utility Services Authority; create, SR 11 .........................................................................No action in 1976
City Charter; referendum required on local Acts repealing, SR 308 ...........................................................................................538

Clayton County; justices of the peace, increase dollar amount of cases, HR 595 .................................. -.-724, 730, 902, 974, 1049

Cobb County; disposition of assets of cities within, HR 717 ... .....................................1166, 1175, 1443, 1543, 1776

Cobb County Homestead Exemption; exclude certain retirement benefits, HR 722 ............................1353, 1357, 1530, 1730, 2196
Columbia County; collection of license fees, HR 584 _._.........._._.__......_...................._.._..............636, 641, 902, 974, 1044
Constitution, State; provide, HR 462 ..................68, 70, 1179, 1248, 1326, 1876, 1947, 2209, 2321, 2369, 2403, 2944, 3055

Constitutional Amendments; by initiative petition,

SR 27 .-------.-------------------------------...------968, 1035, 1137, 1141

Constitutional Convention; General Assembly provide

by law, SR 12 .......................

No action in 1976

Constitutional Officers; provide for determination of

disability, SR 313 ............... ........591, 903, 969, 1051, 1094, 2382, 2407, 3060

County Education Boards; members elected, SR 131 --------No action in 1976

County Governing Authorities; apportion law enforcement

duties between police and sheriff, SR 365 ...... .... .......................... . .1168

Crime Involving Dangerous Weapon; minimum sentence, SR 50 ....................................................................No action in 1976
Criminal Appeals Court; General Assembly create, SR 257 ....................47, 596, 645, 693, 737, 742, 908, 910, 975, 1017
Crisp County Power Commission; relating to taxation,
HR 619 .-........-.-----------.-----------..- ............ 2061, 2084

Death Sentence Commuted to Life; no pardon,

HR 196

1354, 1357, 2097, 2106, 2286, 2360, 2679, 2690, 2702, 2798,

3040, 3055

DeKalb County Board of Commissioners; rules for payment of certain claims from treasury, HR 808 _______________._.............-...-.-------.......1795, 1803, 2424, 2435, 2769

DeKalb County; exempt certain property improvements from ad valorem tax, HR 887 .................................................... 2222, 2234

DeKalb County Governing Authority; adopt budget, provide for working reserve, HR 749 ....................................... 1305, 1317

DeKalb County Justice of the Peace; filling of vacancies in office, HR 590 -------636, 642, 2095, 2107, 2738, 2932, 3053

INDEX

3085

DeKalb County; justices of the peace, increase dollar

amount of cases, HR 591 ._..._..._..._. 636, 642, 2095, 2107, 2738, 2934, 3017

DeKalb County Officials; compensation, HR 883 -_-_--_-__.______________,,_. 1910, 2084

DeKalb County; revenue for support of the arts,

SR 393 ._._.._._._..._......__.__..._._._...__.........1713, 1827, 1833, 2193, 2211, 3056, 3061

DeKalb County Solid Waste Disposal Authority;

create, HR 626 ______________________ ____._._.__.........._..____1121, 1131, 2426, 2440, 2760

Disabled Veteran; vehicle tax exemption,

SR 251

........... .31, 1318, 1361, 1450, 1459

Disabled Veterans; increase homestead exemption,

certain cases, SR 283 ____________________________________ _____.268, 503, 546, 600, 648, 662

District Attorney; General Assembly define law practice

for qualification for office, SR 253 _______________.________.___46, 234, 254, 275, 294

Dodge County Board of Education; election of

members, SR 377 ._........_..._.........._..........1355, 1442, 1542, 1768, 2483, 3061

Dodge County; provide tax exemption on transshipment

facilities, HR 498 _........_. 265, 269, 733, 772, 840, 908, 911, 975, 1051, 1054

Downtown Savannah Authority; delete from Constitution,

SR 89 ______.,,.._._.._..______ No action in 1976

Dublin, Downtown Development Authority; establish,

HR 888 ___.___________.___.._.-_-_-_-_--___-_-_-_--_.-- .-_-. 2222, 2234, 2425, 2439, 2778

Echols County Probate Court Judge; also serve as County Court judge, HR 804 __.......___. 1711, 1717, 2094, 2104, 2324
Payette County; business license fee in unincorporated areas, HR 596 ..........,,.._._ 892, 901, 1133, 1184, 1262, 1353
Federal Funds for Transportation; General Assembly administer and disburse, HR 803 _._.._. 2090, 2092, 2248, 2251, 2460, 2661
Floyd County; include certain employees in retirement system, HR 616 ._............................___.808, 816, 1133, 1184, 1267
Forsyth County Employees; merit system of civil service system, HR 594 ____________________________________________681, 686, 902, 972, 1048
Forsyth County; property in transit tax exempt, HR 791 _____._..__.___________________-_______-_______________-________-__.1516, 1528, 1806, 1833, 2199

Forsyth County; tax for fund to promote development of industry, HR 793 ___________ ___._.. 1516, 1528, 1806, 1833, 2201
Fulton County; change definition of income for homestead exemption, SR 97 ___.______________________________________________________2482I 3061

Fulton County; enact ordinances and traffic regulations in unincorporated areas, HR 586 _________._._____...._._.___________._____._._______.___________1121, 1130, 2243, 2255, 2485

Fulton County Homestead Exemption; request for $10,000 exemption, HR 587 _____...._..._.._...._______..______...._._.._.___.__1516, 1527

Fulton County Industrial Authority; create, SR 309 __..___.___.__________..___.__..____591

Fulton County Industrial Tax District; create, HR 747 ________________1426, 1439

General Assembly; change sessions and procedures, SR 4 _______ No action in 1976

General Assembly; legislative process open and accessible to public, SR 169 ____________________ _________ No action in 1976

General Assembly Members; no change in compensation during term, HR 69 ____..____________14, 23, 68, 1282, 1288, 1430,
1458, 2915, 3055 General Assembly; power to consolidate areas of
600,000 populations, SR 327 ____________________________________________________ ______..__..__...__726

General Assembly; provide annual 45-day sessions, SR 341 _________________ 895, 1319, 1361, 1450, 1462, 2966, 2967

3086

INDEX

General Assembly Salaries; no change during terms, SR 31 __------------------------------. ...__ No action in 1976
Georgia Building Authority; create and provide membership, HR 599 __------_----__.------___------_._----_--------_----.1428, 1438

Glynn County Sale of Alcoholic Beverages; authority, HR 707 -----------------------------.1167, 1176, 1443, 1543, 1774

Glynn County; tax exemption tangible personal property in transit, HR 622.--------------,..------. 808, 816, 1241, 1322, 1385

Governor and Lieutenant Governor; elected jointly, SR 248 -------------------30, 95, 235, 257, 258, 275, 291, 316, 317
Governor; may succeed himself for one

term, HR 493

- ___.._ 236, 476, 507, 548, 573

Governor; succeed himself, SR 250 ----------------------------

..------SI

Governor's Approval or Veto of Bill; time period,

SR 252 -------_-------------------------- .

46, 603, 546, 600, 648, 658

Hahira; system of telephonic communications,

HR 615 ........._....--------------------------------------808, 816, 1133, 1184, 1265

Hall County Board of Education; staggered terms

of office, HR 753 .-------------------------......1427, 1439, 1719, 1816, 1917

Handgun Used in Commission of Felony; 10 years

imprisonment required upon conviction, SR 262 .------_------------------70

Heard County; homestead exemption, SR 83 --.----..No Senate action in 1976

Henry County; encourage economic development by

exemption ad valorem tax, HR 718 ..............1166, 1176, 1443, 1543, 1778

Henry County; vest law enforcement powers

in Sheriff, HR 719 ----------------.....------.-..1426, 1438, 2243, 2255, 2487

Homestead Exemption; increase for certain disabled

veterans, SR 34 ------------------------------------------ --No action in 1976

Houston County Governing Authority; establish

branch offices, HR 592 .----------------------------681, 686, 902, 972, 1046

Houston County; justices of the peace,

increase dollar amount of cases within jurisdiction, HR 550 --------------------------536, 542, 732, 776, 832
Industry and Trade Department; name change from Community Development Department, SR 307 ......---------------538, 687, 735, 777, 797, 2704, 3061

Jefferson County; tax exemption relating to

mineral processing establishments, HR 795 .----...1516, 1528, 1806, 1833,

2204, 2238

Judicial Nominating Commission; provide for,

SR 21 .._..---..........__.------------------------

No action in 1976

Law Enforcement Officer Killed in Line of Duty;

program of indemnification, SR 46 ._----------------....... No action in 1976

Liberty County Industrial Authority; membership, SR 381 ----------------........1356, 1442, 1542, 1772, 2223, 3060
Liberty County Industrial Authority; membership, HR 806 ----------------------------1795, 1803, 2094, 2104, 2326
Lieutenant Governor; abolish office, SR 241 ----------------------------------.30

Life Sentence for Aircraft Hijacking; must serve 30 years before parole, SR 205 ------------.------------No action in 1976

Life Sentence for Armed Robbery; must serve 30 years before parole, SR 204 ...._...__..__..._...._

No action in 1976

Life Sentence for Kidnapping; must serve 30 years before parole, SR 203 .........._..._.----.........------....No action in 1976

Life Sentence for Murder Conviction; msut serve 30 years before parole, SR 201 ._........ ..----------------------No action in 1976

INDEX

3087

Life Sentence for Rape; must serve 30 years before parole, SR 202 _____.._.__..__.----------------..No action in 1976
Life Sentence for Sodomy; must serve 30 years before parole, SR 206 _....................................._...No action in 1976
Life Sentence; must serve 30 years before parole, SR 200 .--__.__--------------__.._..___._..___.------...No action in 1976
Marietta, City of; homestead exemption, change income requirements, HR 541 _._._..............._.....____..__._536, 541, 732, 775, 834
Marietta, City of; retired employees, increased benefits, HR 311 __--------------------------------------1241, 1384
Mclntosh County; condemnation of property by State, SR 268 ___________._____________..___.__________________.230, 263, 767, 821, 909, 919
Medical Student Loans; increase and provide for repayment, HR 555 ___._.__._..........._........964, 967, 1318, 1362, 1451, 1495
Mobile Homes; separate class of property for taxation, SR 82 ._..__..__........_.._._._..........................___.._..___.__._....2877, 2896, 3061
Moultrie-Colquitt County Development Authority; interest rate on revenue bonds, SR 361 _____________________________._..._.___._...1123, 1241, 1321, 1381, 2223, 3060
Muscogee County; homestead exemption of certain property, HR 755 __....___..........._...._....._...1711, 1717, 2243, 2256, 2489
National Guard Retirement; benefits, SR 32 ___._._.._.....____.._..___.........._...._..._._.___.___.__........................_ No action in 1976
Office of Constitutional Review; create, SR 103 ....................No action in 1976
Paulding County; borrow money to enter contract for improvement, HR 776 ................1427, 1439, 1719, 1816, 1921
Paulding County; referendum for airport with runway over 5,000 ft, HR 794 __._.__.___.__.____.._._..................................1516, 1528
Pierce County; justices of the peace, increase dollar amount of cases within jurisdiction, HR 620 __..............._..._......__.._...808, 816, 1133, 1184, 1269
Powder Springs Homestead Exemption; provide for 65 year olds, HR 733 ....._._._____..___.__________.____.1231, 1240, 1443, 1543, 1783
Probate Court Judge; General Assembly establish qualifications, SR 254 ..._........._..._._._.._......46, 234, 254, 275, 296
Property, Tangible Personal Comprising Inventory; tax same as other tangible personal property, SR 58 ______________________________----No Senate action in 1976
Public Programs to Combat Hunger; provide, SR 269 .--------...------..._230
Public Programs to Combat Hunger; provide for, SR 102 _--------.________._______________.........--...........No action in 1976
Public Service Commission: appeals and reviews go to Supreme Court, SR 107 ----------..------------------ -No action in 1976
Public Service Commission; change terms of office, SR 37 ----------------_.............................................No action in 1976
Public Service Commission; change terms of office of members, SR 73 ................._..595, 645, 693, 737, 742, 758, 839, 908, 975, 979
Public Service Commission Members; elected from commission district for four years, SR 266 ........................................................230, 765, 821, 909, 975, 1051, 1059
Real Property; separate class for tax purposes, SR 64 ____-.-------------.._._.._.___.__.__._._.._...______.___--No action in 1976
Recall of Elected Officials; procedure, HR 568 ----.............--------------964, 967

3088

INDEX

Revenue Anticipation Obligation; General Assembly

change purposes for which issued by

political subdivisions, SR 360 _--.____----.____----,,_----__----_----.--------_..1123

Revenue Anticipation Obligation; General Assembly

change purposes for which issued by

political subdivisions, HR 618 .____..----...--------.--------_.._----__.1518, 1527

Revenue Certificates; change voting requisites

for approval, HR 465 ------_----__----...--------302, 307, 477, 507, 548, 571

Revenue Estimate Board; create, SR 294 __.------.----__,,__--------_.----.____473

School Tax; repeal provision for special levy,

certain counties, HR 56 --------------..----_----.----_.------------.----1426

Senate President Pro Tempore; provisions for

succession to President, SR 336 . ...

762, 968, 1035, 1138, 1149

Senior Citizens; attend University System

Schools tuition-free, certain cases, HR 494 __..808, 817, 1530, 1725, 2161,

2224, 2420

Smyrna Homestead Exemption; ad valorem tax

exemption for disabled, SR 317 . .. 638, 732, 773, 836, 2482, 3061

Spalding County; businesses in unincorporated

area, licensing, HR 706 .------------------------1305, 1316, 1530, 1730, 1915

Spalding County; levy business license fee

in unincorporated areas, SR 342 ___.....__.._.895, 1133, 1184, 1259, 2222, 3060

State Board of Education; composition, SR 270 ....---------- .----,--------230

State Obligations; incurred for local school district,

SR 350 __.-.------.----..----_---------------896, 1178, 1244, 1325, 1342

State Properties Commission; membership,

powers and duties, HR 226 -------------- ... __.14, 15, 71, 93, 97, 99

Stone Mountain Judicial Circuit; judges elected

in nonpartisan election, HR 157 ------._._.----.------__----._.----264

Surplus Books; allow donation to certain

nonprofit organizations, SR 112 ._.._._......._..._..............._......._._......___.2383, 3061

Tax; allow General Assembly to classify real property, SR 259 __-...--------------...------------52, 234, 253, 275, 282
Third-Party Practice; venue of civil actions, SR 44 ___----------____--.._----._------_.._.------No Senate action in 1976
Thomaston-Upson County Board of Education; joint secondary board of education, HR 625 ....-.-...-.809, 817, 1133, 1185, 1270

Ware County Officials; procedures for recall, HR 859 -.-.........---.-.......--.---.---1909, 2084, 2425, 2439, 2771, 3053

Wayne County; levy tax for industrial development purposes, HR 623 ----._..-------- 808, 817, 1719, 1816, 1913

Whitfield County Small Claims Court; create, HR 846 ...._.------..--------.....----......_.1794, 1804, 2094, 2105, 2340

Workmen's Compensation Trust Fund, Subsequent Injury; establish, SR 71 _.------.._..------_....--476, 507, 548, 568, 3056, 3061

Constitutional Convention; General Assembly provide by law, SR 12 _.--._.--.._.-.------.--------.--------------No action in 1976

Constitutional Officers; provide for determination of disability, SR 313 .......----.......,,----591, 903, 969, 1051, 1094, 2382, 2407, 3060

Construction of Certain Facilities; energy consumption analyses by State agencies, SB 496 ----.._......----..........246, 818, 905, 976, 996

Consular Corps License Plates; issue free of charge, HB 1402 .........----......-- ...---- .--..--.....497, 502, 597, 646, 693, 737, 752

Consultant; State agency employing must notify

Administrative Services Department, SB 560--. ...---499, 730, 769, 839, 852

INDEX

3089

Consumer Debt Collection Study Committee; create, SR 382 ,,._____.------____.--_------..___...__.------....------------1356, 2940, 2941
Consumer Reporting Agency; restrictions on entering residences, SB 403 ...._--------------__._..........._._--------.818, 904, 975, 989
Consumers' Rate Counsel; attorney appointed to serve in utility rate cases, SB 92 ----.._,......._....--------.............No action in 1976
Consumers' Utility Counsel; transfer to Governor's office, HB 1958 ----------._------..2060, 2082, 2423, 2431, 2738, 2914
Contraband; vehicles carrying malt beverages illegally, HB 784 ___.__...._________.________......_______.227, 233, 967, 1035, 1138, 1151, 1428
Contractors, Mechanical, Electrical and General Study Committee; create, SR 391 ...._._..__..._.._.... ... . ....._...._...................._.1520, 2940, 2941
Contractors, Nonprofit; reports required on contracts with State agencies, SB 536 ........302, 503, 545, 600, 648, 650, 2704, 2782, 3060
Contractors, Utility; licensing procedure, SB 508 .. ...........248, 595, 643, 692, 705 Contracts; must be in writing for certain services, SB 360 ----..No action in 1976 Coolidge, City of; new charter, HB 1689 ----....................890, 897, 1133, 1182, 1254 Cornelia, Town of; maximum amount of punishment for
violation of ordinances, HB 2029 ................. .--..1788, 1798, 2094, 2102, 2261 Corporal Punishment in Schools; circumstances, SB 445 .....45, 269, 308, 479, 481 Corporation, Municipal; procedure for sale of
property, HB 1229 .............__.__...__..._.__......587, 592, 1359, 1446, 1545, 1684, 1936 Corporation Tax; deductions, HB 1379 -.------.2089, 2091, 2241, 2249, 2738, 2799 Corporations; amend Code Title 22, correct errors,
technicalities, HB 1954 ....................... 1711, 1717, 2097, 2106, 2286, 2359, 2700 Corporations; change of control, stockholders' rights, SB 639 --------------..___--965 Corporations; filing articles of correction to Secretary
of State, HB 1802 ......__._........_._...._..__. 2059, 2081, 2427, 2430, 2738, 2927, 3053 Corporations; not required to mail certain documents
to shareholders, SB 638 _.----_------------______------.964, 1131, 1185, 1273, 1274 Corporations; revise amount of license and occupation
tax, HB 1990 ................------....... - .................. 2221, 2235, 2423, 2431, 2738, 2924
Corporations; shareholders meetings, action with written consent of majority, SB 209 ...------..................--.._.... No Senate action in 1976
Correctional Educational Programs Study Committee; create, SR 438 ._.._._.__...__..........__._._........_...._._.._..._.._........._._...2091, 2246
Correctional Facilities; merchandise produced by inmates sold only to public or charitable entities, SB 263 ........ --.No Senate action in 1976
Corrections Board; authority to petition for reassignment of certain youthful offenders, SB 430 ..............................42, 235, 254, 275, 278
Corrections Board; pay counties for maintenance of
certain State prisoners, HB 164 ____.. ....588, 592, 734, 770, 840, 866, 936, 938 Corrections Board; rules and regulations relating to
prisoners, HB 1554 ___._ .......----..........-1302, 1314, 1533, 1724, 1876, 2072, 2209 Corrections; unlawful to give prisoner, weapons, liquors,
drugs without consent, SB 579 ----.......----.589, 734, 769, 839, 859, 3051, 3060 Council for Arts and Humanities, Georgia; create,
SB 482 __._..._------. .--------_----------......----. 228, 596, 642, 692, 699, 2703, 3060 Council for Energy Resources; create,
HB 1698 ....----.. ............. ...--...........----...... .1352, 1356, 1532, 1725, 1877, 2074
Counties, Certain; repeal provisions for levying special
school tax, HE 56 ._........_.----.......----...........-_...........----...... ..................----_._. 1426
Counties and Cities, Levy Local Sales Tax;
amend Act, HB 1353 ......... ------__....-------- 1352, 1356, 2093, 2098, 2285, 2309
Counties and Cities; loans and grants from Federal funds
received for housing, HB 1464 ........................1229, 1237, 1441, 1535, 1743, 1764

3090

INDEX

Counties; change requirements relating to male residents
of militia districts, SB 674 ------------------1306, 1532, 1722, 1876, 1887, 1933 Counties, Cities; bond proceeds, investment,
HB 1544 -----...----------....----------------------.._.587, 594, 817, 907, 976, 1009 Counties, Cities; establish homesteading programs, HB 905 -------------- 1515, 1524 Counties, Cities; grant certain ad valorem tax
exemptions, SR 113 --..... .No Senate action in 1976 Counties, Cities, Grants; relating to street maintenance

and traffic control, SB 527 _______....._._______._._ 266, 594, 643, 692, 714, 3051, 3059

Counties, Cities; limitation on bond elections for

same purposes, SB 426 ._......_._..

..

. ......_.41, 594, 642, 692, 693

Counties, Cities; planning and zoning powers,

HB 1324 ----------...------------....------..---------------- 300, 305, 771, 840, 870

Counties, Cities; provide for recall of elected officials,

HB 1528 .---- ......--

........

-- ..586, 594, 1188

Counties, Cities; remove limitations on professional tax, SB 550 _._._.................471 Counties, Cities, School Districts; certificates of

deposit, provide for security, HB 2050 -,--2090, 2092, 2241, 2251, 2460, 2683

Counties, Cities; subject to ad valorem tax for

certain property, HB 1311 .

--.- -- 963, 966, 1358, 1447, 1545, 1685

Counties; equality of treatment by State government,

SB 219 ------------.......--...--------------.----------------------No action in 1976

Counties; minimum salary for tax collectors,

HB 1017 ----------...------.--------------....1441, 1534, 1742, 1753, 1758, 2062

Counties; receive grants relating to State-owned

land, certain cases, SB 635 ----895, 1131, 1185, 1273, 1274, 1325, 1545, 1704

County Boards of Equalization; change appeal

provisions, SB 533 ------------.--.....--...........----..267, 503, 545, 600, 648, 650

County Boards of Equalization; qualifications of members, SB 499 ...

246, 477, 506, 548, 563

County Boards of Health; fees for mental and public health services, SB 562 ----------------------------500, 596, 644, 693, 737, 740, 3023, 3026, 3059

County Courthouse and Offices; open during normal working hours, HB 1683 .............._._.--------2089, 2092, 2427, 2430, 2738, 2894

County Education Boards; members elected, SR 131 ----------No action in 1976

County Governing Authorities; apportion law enforcement duties between police and sheriff, SR 365 ......_._........_....._..............................1168

County Law Libraries; change cost provisions, SB 568 ------------------------...537, 731, 772, 824, 1304, 1334, 3059

County, Municipal Office; 18 years or older

eligible, SB 702

.

.---------------1519

County Office Suspension; appeal from felony conviction, HB 1334 --------------------------------------587, 593, 771, 840, 871

County Police Force; no longer required to be men, SB 675 --------------------------...... .--1306, 1532, 1722, 1876, 1890, 1933

County Prisons; State pay certain prisoner costs, HB 164 ...------............--...--------588, 592, 734, 770, 840, 866, 936, 938

County Tax Appraisers; salary supplement from State,

certain cases, HB 1033 ------------------------1424, 1435, 1718, 1808, 2285, 2290

County Tax Assessors; change penalty provisions for unreturned tax, HB 1385 _______.... -- 1119, 1129, 1441, 1535, 1743, 2160, 2185

County Tax Boards; provide for absence of members at meetings, HB 1325 --------..------------301, 305, 733, 771, 840, 870

INDEX

3091

County Tax Equalization Boards; change qualifications

for membership, HB 1376

. 807, 815, 1177, 1246, 1326, 1451, 1545,

1686, 2316, 2415, 2484, 2637, 2879, 3054

County Tax Equalization Boards; change time for

filing appeal notice, HB 1377 _________._.__..807, 815, 1177, 1246, 1326, 1376, 1418

Court Costs; State pay in cases concerning

constitutionality of laws, SB 378 .--------...........

...........

234

Court of Claims, State; create, SB 420 .---.---..--..-------------------------------- 29

Court of Criminal Appeals; General Assembly

create, SR 257 --------------------47, 596, 645, 693, 737, 742, 908, 910, 975, 1017

"Court Order for Child Support"; redefine,

SB 545 ------------..---------- ------------------471, 596, 643, 693, 717, 3051, 3061

Court Stenographers and Reporters; compensation, SB 340 -- --....--.--------477

Coweta County Board of Elections; provide,

HB 530 --------------------

.....------

No action in 1976

Coweta County Small Claims Court; create,

HB 1991 -----------------------------------------2207, 2210, 2425, 2436, 2709

Coweta County Treasurer; abolish office,

HB 1811 --------.------------------------1118, 1127, 1241, 1324, 1368

Cox, Dennis M.; compensation, HR 21

.. 2223, 2233, 2422, 2432, 2882

Crabs; prohibit taking, certain cases,

SB 522 ------------------------------250, 477, 507, 548, 566, 2966, 2992, 3059

Credit Insurance Rates; certain minimum

standards, SB 547 ...--------------------------471, 542, 598, 649, 673, 1204, 3059

Credit Life and Accident Insurance; provisions for

approval, rules and regulations, SB 366 _...._........................ .No action in 1976

Creditors; duties in debt collection, SB 529

........ ...------267, 818

Crime Information Center Advisory Council; composition, HB 732 ----.....------..------------------14, 15, 1720, 2160, 2170, 2485

Crime Information Center; provide for dissemination
of certain criminal history records, SB 494 ----------------------..------246, 596, 642, 692, 700, 2422, 2620, 2691, 2692,
2878, 2958, 3054, 3060

Crime Involving Dangerous Weapon; minimum sentence, SR 50--------.------_.._..----------..--------------....----_.No action in 1976

Crime of Perjury; punishment, HB 1276 .......------759, 763, 1720, 1809, 2459, 2474

Crime, Weapons Used in Commission of; destruction of,

SB 280 ..._..---.----.--

-.---------------

301, 532

Crimes Involving Dangerous Instrumentalities; exempt superior judges from prohibitions, SB 432 - _.._..............42, 733, 768, 839, 882

Crimes Involving Dangerous Weapons; mandatory imprisonment upon conviction, SB 315 ----------...---------- No action in 1976

Criminal Appeals Court; General Assembly create, SR 257 ...... ------.----------47, 596, 645, 693, 737, 742, 908, 910, 975, 1017

Criminal Cases; mandatory death penalty for murder conviction, SB 18 .......-- ----------------

-- No action in 1976

Criminal Cases; married woman act as surety on bail bond, HB 918 ....--------------.------.....1424, 1435, 2097, 2105, 2459, 2469

Criminal Cases; provide for discovery and inspection, SB 144 _--------......---------...----------------635, 667, 760, 802, 946, 2694

Criminal Code; define aggravated assault upon peace officer, HB 1784 ------------------------------1793, 1802, 2245, 2258, 2460, 2652

Criminal Docket; repeal code on order of cases called up, HB 253 ...--...-...-........---.--------.------------- 536, 540

3092

INDEX

Criminal History Record; dissemination to certain persons, SB 494 _..______.246, 596, 642, 692, 700, 2422, 2620, 2691, 2692,
2878, 2958, 3054, 3060 Criminal Justice Council; establish, SB 107 ____.__._________________._____._._.No action in 1976 Criminal Justice Volunteers, National Forum; welcome, SR 367 ............._..__......1188 Criminal Law Practice; licensing, SB 446 --....._____,,..--... _.__.___---..________.__.________45, 477 Criminal Procedure; certain misdemeanor cases may be
served during non-working hours, HB 1323 ....301, 305, 596, 645, 693, 737, 755 Criminal Procedure; change sentencing provisions,
death penalty cases, HB 588 _............._......_.................._..___.1034, 1136, 1190, 1220 Criminal Procedure; two or more offenses may be charged in
indictment, HB 955 ........___.............. . ..........._...................... ___,1359 Criminal Procedure; two or more offenses may be charged
in indictment, certain cases, HB 1320 ----.__.__.__--_--_--_......----.________.....__.497, 501 Criminal Procedures; redefine double jeopardy, sentencing
on second trial, SB 690 ____......._.__________..._______________.____.1354, 1720, 1807, 1876, 1898 Crisp County Power Commission; relating to taxation,
HR 619 ___._____________.__________________-_-......______......._____________.___________._....______._.____.._.2061, 2084 Crops Damaged by Deer; farmers receive permits
to kill, HB 1341 ________._______.._._...___._________.1300, 1313, 1440, 1535, 1743, 2160, 2181 Curriculum Study Committee for Public Schools;
create, HR 861 ...._____......_.___._....._.......___.2061, 2084, 2244, 2258, 2460, 2680 Custody of Children; review, modification or alteration
of judgments, HB 1517 .................................1425, 1436, 2245, 2257, 2459, 2506

D

Dallas, City of; corporate limits, HB 1928 ....._........................... ........_...__.1421, 1432

Dalton, City of; change corporate limits, HB 1738 ........891, 897, 1133, 1183, 1256

Dalton, City of; recorder, compensation, HB 1737 ___.__......890, 897, 1133, 1183, 1256

Dangerous Drugs, Definition; include new drugs,

HB 883 ._......._.___...__._________________-_-.....__._____-_....__.____-_.2245, 2248, 2459, 2468, 2699

Davis-Bacon Act, Federal; urge Congressional Delegation

to seek repeal, SR 328

.................................. 726

Davis-Bacon Act Study Committee; create, SR 392 .............__._............._.___.........1713

Davisboro Volunteer Fire Department; commend, SR 247 ..... ..._..._..........___._._._.....94

Dawson, City of; maximum millage rate levied

annually, HB 1594 ._...._.._..............___..........._.._..............804, 811, 1133, 1181, 1252

Dawson County Sheriff; personnel and

expenses, SB 687 ........._.._._..__..........._.._..............1308, 1442, 1541, 1730, 2221, 3059

Deaf and Blind Sign Language Interpreters;

judicial proceedings, HB 1823 ...._______.___.....________.._._____________._.2221, 2235, 2427, 2431

Dealers, Junk; records on bronze cemetery items,

SB 19 ................... No Senate action in 1976

Dean, Senator Roscoe E., Jr. .........._.._......._..____........._.__.........._____........___._......._._........72

Death Certificate; issuance, HB 1514 ______._.....__.____1709, 1715, 2245, 2257, 2459, 2505

Death Penalty Cases; sentence procedure, HB 588 __.._...___.____1034, 1136, 1190, 1220

Death Sentence Commuted to Life; no pardon, HR 196 .._.......1354, 1357, 2097, 2106,

2286, 2360, 2679, 2690, 2702, 2798, 3040, 3055

Death Sentence, Minutes of Court Where Imposed;

time for transcript preparation, HB 1148 ______._.______.721, 728, 1178, 1244, 1325,

1450, 1471

Debt Collection; duties of creditors, SB 529 __._______.__._.___________.._.____________..._.____267, 818

Debts of Public Bodies; petition for relief from debts

prohibited, SB 608 ........._...._..............._._._.761, 1177, 1243, 1325, 1337, 3051, 3060

INDEX

3093

Decatur, City of; extend corporate limits, HB 1780.- ..1116, 1125, 1718, 1813, 1837

Decatur County; conveyance of certain real

property, HR 534 ____......._-___......._..-.__.__....................._.680, 685, 818, 907, 976, 1015

Decatur County; conveyance of certain real

property, HR 666 ._...__--..__..__..-.....-......1305, 1316, 1444, 1537, 1743, 2161, 2228

Decatur County Hospital Authority; appointment, HB 817 _____.____No action in 1976

Decatur County Small Claims Court; jurisdiction,

HB 1439 ____._.._.--._______._-__.___......_-._--_________._..__._...._____________.___300, 307, 595, 647, 689

Decatur County Superior Court Clerk; compensation, HB 1322 .......__..___87, 91, 252,

274, 313

Decatur County Superior Court Clerk;

compensation, HB 1785 ..._________.._____._._.....________.__...._.1117, 1126, 1241, 1323, 1366

Deceptive Practices; unlawful to print, sell or use fraudulent

documents, SB 495 __.--...-_---..-.___.___.246, 818, 886, 908, 910, 976, 996, 1132,

1189, 1190

Deeds, Recording; relating to execution before officer

of different county, HB 1433 ..............................______.___ .498, 502, 1178, 1246, 1326,

1451, 1484

DeKalb-Atlanta; meeting of representatives of city

and county, HB 1782 .______.._..____________________.,._____._____..1117, 1126, 2242, 2252, 2444

DeKalb County Airport Authority; create, SB 695 ....._......... 1355, 1827, 1833, 2114,

2169, 2877, 2880, 3069

DeKalb County; appointment of county registrars, HB 690 ..... ___.No action in 1976

DeKalb County Board of Commission of Roads and

Revenue; fines and punishment, HB 839 ..__........_._._.........__._731, 773, 830, 1031

DeKalb County Board of Commissioners; increase

membership, SB 283 ___.___._..___..._._______....___._.....__.___.__.....____._._..._.________2094, 2100, 2265

DeKalb County Board of Commissioners; rules for payment

of certain claims from treasury, HR 808 ................1795, 1803, 2424, 2435, 2769

DeKalb County Board of Registrations and Elections;

provide, HB 360 ....... ......

No action in 1976

DeKalb County Chief Registrar; compensation, HB 691 . ..........No action in 1976

DeKalb County; circumstance for no receipt for

certain tax payments, HB 1839 ......._...._..................1162, 1171, 1827, 1833, 2114

DeKalb County Citizens' Commission for Efficient

Government; create, SB 649 _______.___._....___.______.1032, 1718, 1811, 1844, 2483, 3060

DeKalb County; compensation certain county officers,

HB 2074 ......... ..................... ..............1795, 1801, 2095, 2104, 2283, 2405, 2406,

2679, 2680, 2888, 3055

DeKalb County Development Disabilities Planning

and Coordinating Council; establish, HB 1443 .......................534, 539, 901, 974,

1043, 1231

DeKalb County; election on issuance of bonds, HB 1724 .................. 806, 814, 1718,

1812, 1836

DeKalb County; exempt certain property

improvements from ad valorem tax, HR 887 . ...._...... ...........................2222, 2234

DeKalb County Governing Authority; adopt budget,

provide for working reserve, HR 749 ....._.._..........._....... ......... .........1305, 1317

DeKalb County Judges and Stone Mountain Superior

Court Judges; election, HR 157 ........... .............. ............................................ 264

DeKalb County Justice of the Peace; filling of

vacancies in office, HR 590 .......... ............636, 642, 2095, 2107, 2738, 2932, 3053

DeKalb County Justice of Peace; qualifications, HB 1591 .................................................... .634, 640, 2095, 2106, 2738, 2930, 3058

DeKalb County; justices of the peace, increase dollar amount of cases, HR 591 . ......... ... .636, 642, 2095, 2107, 2738, 2934, 3017

3094

INDEX

DeKalb County Notary Public Ex Officio Justice of the Peace;

abolish office, HB 1590

. _______._.. ..634, 640, 2095, 2106, 2738, 2929

DeKalb County Officials; compensation, HR 883 .... ... .....__._..._..._..________ 1910, 2084 DeKalb County Probate Court Judge; compensation, HB 1878 ................1227, 1236 DeKalb County Property Appraisal Study Committee;
create, HR 549 .................................. ........ ...636, 641, 1719, 1816, 1872, 2238 DeKalb County Recorder's Court; appointment
of inspectors, HB 2056 _._..._.._.. .. ........... ...........__..._. 1790, 1800, 2424, 2434, 2710
DeKalb County Recorder's Court; authority to assess fines, HB 838 ........_ ........... ..............731, 773, 830, 1030
DeKalb County; repeal Act on tax collection study commission, HB 1231 _._.._..._.._._....... ..._..__.........._...._._._.225, 231, 764, 822, 909, 933
DeKalb County; revenue for support of the arts, SR 393 ....._...._.._...._.__...__._._._...._..._......-.. 1713, 1827, 1833, 2193, 2211, 3056, 3061

DeKalb County; sale of alcoholic beverages by the drink certain hours on Sundays, HB 2073 ......_..__..__.........1791, 1801, 2425, 2437, 2712

DeKalb County Solid Waste Disposal and Resource Recovery Authority; create, HB 1182 __...._._..........._._._._......................_......No action in 1976

DeKalb County Solid Waste Disposal Authority; create, HR 626 ________________________________________________________ 1121, 1131, 2426, 2440, 2760

DeKalb County State Court; add judge, HB 1710 ........... 806, 814, 1241, 1321, 1363 DeKalb County State Court; court costs,
HB 1711 _...__..__...__.___________________________.___._._..__.__.._...._..___.___.806, 814, 1133, 1183, 1255 DeKalb County State Court Judges; compensation, HB 1709 ___.__..--........ 810, 813

DeKalb County Study Committee; create, SR 450 __________________ .._.______________________2455 DeKalb-Pulton County; repeal alphabetical list tax

digests, HB 1241 _._......................._.______..............___.._..._..227, 232, 765, 823, 909, 943

DeLoach, Harry Guyton; commend, SR 384 ........_.__._......_._..___._..........._...._.__..___._.1375

Dental Health Day; designating, HR 478 .

_______ 245, 251, 270, 298

Dentistry Practice; change laws relating to,

HB 1278 .

963, 966, 2096, 2100, 2285, 2304

Department of Actuarial Services; create, SB 502 _______ 247, 732, 768, 839, 840, 849

Dependent Children; requirements for assistance payments,

HB 1186 ...........891, 899, 1531, 1724, 1876, 2049, 2209, 2218, 2369, 2403, 2940, 2951,2962,3028

Depositories, State; additional certificates authorized as security

for deposits, SB 516 ____________________________________ 249, 730, 768, 839, 845, 1514, 3059

Depository Board, State; frequency of meetings,

SB 441 ......

.

. 44, 251, 271, 316, 455, 1352, 3059

Detention Facilities; inspections, minimum sanitation

standards, SB 558 ......................_._._.__..._.._................ ......499, 734, 769, 839, 886

Determinate Sentences; special sentence certain cases, SB 577

..............589

Development Authorities Law; amend, redefine terms,

SB 380 ......................_._............................_.__...................... ................1936, 2062, 3059

Development Authorities Law; amend to include community antenna

television systems in definition of project, HB 1336 _ ........................... .........963, 966, 1177, 1245, 1326, 1376, 1450, 1477 Disabled Veteran; vehicle tax exemption, SR 251 ___________ 31, 1318, 1361, 1450, 1459 Disabled Veterans; increase homestead exemption, certain cases, SR 283 ____________ . ... ............................. .. ... 268, 503, 546, 600, 648, 662 Disclosure of Fees; by governmental agency,

HB 541 ....................................._._......_........ ___ _ 1118, 1128, 2095, 2105, 2285, 2381 Discovery and Inspection; provide for in criminal
procedure, SB 144 _______ ..... . .__..___________________________635, 667, 760, 802, 946, 2694

Dispensing Opticians; additional training, HB 1346 ____________________________

586, 593, 1034, 1136, 1190, 1209

INDEX

3095

Disposition of Unclaimed Property Act; include certain

dividends, HB 1986 .._....... ....................._.._. 2059, 2082, 2427, 2431, 2738, 2917

Dispossessory Warrant; receive oath to facts to issue,

HB 1599 ------------------------------------ 1302, 1314, 2245, 2257

Distilled Spirit Brands, Shipment, Sale; records open to

public, HB 1388 _........._.._................. .........._.__..__..._... 535, 541, 818, 907, 976, 1007

Distilled Spirit Revenue Stamp; substitute reporting system

for tax, HB 1706 .............._.---1425, 1437, 1805, 1828, 2286, 2346, 2406, 2644,

2692,2693,2989,3054

Distilled Spirits; metric standards of measurement,

HB 1707 .........................................................\4,2&, 1437, 2094, 2098, 2286, 2348

Distribution of Obscene Materials; change provisions, SB 257 --------------477

District Attorney, Assistant; authorize State funds as

partial compensation to match Federal funds,

HB 1531 -.- .-- .------- ..................... ...2220, 2235, 2426, 2435, 2738, 2801

District Attorney; committee set up to ascertain inability

to perform duties, HB 1513 ............_. 1425, 1435, 2097, 2105, 2737, 2792, 2809

District Attorney; General Assembly define law practice for

qualification for office, SR 253 _._._...._......_............_......... 46, 234, 254, 275, 294

District Attorney Office; time spent as legal assistant to

district attorney, SB 427 ....._._._..............._.... ...... ...........42, 234, 254, 275, 278

District Attorneys, Assistant; compensation,

HB 1486 --------- . ......... -..722, 729, 1179, 1247, 1326, 1376, 1393, 1712

District Attorneys, Assistant; employment of secretary,

SB 542 --------------.------.. ..

.............. - . 470, 596, 643, 693, 716

Divorce, Alimony; provisions relating to attorney's

fees, HB 1349 ....................... ........^... ..........._..._..300, 306, 596, 646, 693, 737, 751

Divorce Cases; change provisions relative to time of trial,

HB 1674 .... . ... . - ------------ ----1513, 1525, 2245, 2258, 2459, 2644

Divorce; change provisions relating to child support,

SB 559 .............................. . ........ ................ ....499, 596, 644, 693, 737, 739

Divorce Petition; show social security number,

SB 447 -----------------------------. - 45, 477, 505, 547, 549

Dobbs, J. Royce; regrets at passing, SR 431 ..... .. ....................._..._.._._._..........._ 2086

Docking Facilities; Ports Authority provide for commercial

fishing vessels, SB 491 . . . . .. ................_......_............_.._....._._...__..229

Doctors of the Day:

Adair, Dr. M. C.

67

Arnall, Dr. J. R. ........

.............. ..........._..._.._............._.........._..................1137

Baugh, Dr. James ...................................................... ......... ......... ----1194

Burns, Dr. James ....................... ......................................................_.........._......_...794

Davis, Dr. Larry ........... ..... . .......................... ...... ..... ..-----703

Dudley, Dr. Gus ........_............................_..... .. ................................._........_...._...846

Freeman, Dr. Larry .... _____________________________________________________________________________________738

German, Dr. Thomas

.

.. .......... .... .. . - - -----1248

Green, Dr. George .............................. .........................._..._......................._......._..1059

Griffin, Dr. Richard A. ................ .. ............................ ........... ---527

Hames, Dr. Curtis ........ . .

.................................._................ ....275

Hawk, Dr. Judson, Jr. .................. ............................_.........._....... ....... .......... 2311

Hutchinson, Dr. J. R. B.

..: . . .................._........... .........72

Johnston, Dr. G. A. . ... .....

....................................._.. ..........2467

Jones, Dr. Ernest .................................................................... ... ......_....._......_..485

Kaufmann, Dr. James

..........

____.___._._._-- 11

Kinard, Dr. Gene ........ ............. .. .............................................. ------1458

Langford, Dr. James .......................................... ........................... ----552

Marlow, Dr. James E.

- ............_....... ----.----2177

3096

INDEX

May, Dr. Stephen ................... ............. _____ ______________ ......................___._...27

McKenzie, Dr. Donald J. -------.-.....................................................................1891

Menendez, Dr. Jack ............................. ___________________________ _____668

Milford, Rev. Dean ................... _...._____ __________ ........... ............_....96

Morton, Dr. Bill _--

.............. ________ .............. .......908

Nash, Dr. Dearing __... ....... ...........

________________ _..1750

Robinson, Dr. Bob ______________ ._______._._ ....... __________________ ----47

Steadman, Dr. Henry E. _...... ___________________________ ............99

Summers, Dr. Ronald _______

______ ........................255

Thomas, Dr. Donald ... _____ ___________

_ _______

...... ----612

Trent, Dr. Robert M. ________ ______________________ 454

Dodge County Board of Education; election of

members, SB 683 ____________________________________

______ 1307, 1333

Dodge County Board of Education; election of

members, SR 377 ._..._...__..._......_... .._.......__..._. 1355, 1442, 1542, 1768, 2483, 3061 Dodge County High School Cumbancheros Band;
commend, SR 366 ................._....................._......__............................. ...... . ... 1188 Dodge County; provide tax exemption on transshipment
facilities, HR 498 ................... 265, 269, 733, 772, 840, 908, 911, 975, 1051, 1054 Door-to-Door Sales; in compliance with Federal Trade
Commission, SB 670 ---------------------------- 1232, 2093, 2097, 2285, 2287

Dougherty County Small Claims Court; create, HB 2057 _____________________________....... _.______________________1790, 1800, 2425, 2437, 2718, 3053

Dougherty County State Court; change civil jurisdiction, HB 2059 .............................................._.._._......_................1790, 1800, 2425, 2437, 2711

Douglas County Board of Commissioners; qualification, HB 1420 ___________________________________________________.......................... 299, 306, 731, 774, 826

Douglas County Real Property; conveyance, HR 495 __________________________________.........................______1517, 1527, 1806, 1832, 2286, 2376

Downtown Athens Development Authority; power of eminent domain, HR 754 .... ____________________ 1427, 1439, 1719, 1816, 1918, 2238

Downtown Camilla Development Authority; establish, HR 721 ..................................... ______________________ 1231, 1240, 1443, 1543, 1780

Downtown Savannah Authority; delete from Constitution, SR 89 .___.______.________.-_.-_-_--....--.----_-_--_-__-__-...._..... .... .........No action in 1976
Drafts; change time period for acceptance by banks, HB 1304 _______________________________ ......................................497, 501, 818, 906, 976, 1027
Drew, Doyle L.; compensate, HR 738 ......... . ....... 2223, 2234, 2423, 2432, 2887 Driggers, Dr. J. Clyde; regrets at passing, SR 340 ......... ... ... _ ._. . _ .............777 Driver Education Study Committee; create, SR 124 ........ No Senate action in 1976 Driver's License; certain Armed Forces reserve personnel exempt
from requirements, SB 510 _________________________________________ 248, 505, 545, 600, 629 Driver's License; certain offenses require mandatory
suspension, HB 1622 __ _______ .......... 963, 966, 1180, 1247, 1326, 1451, 1490, 2485
Driver's License; honorary to veterans and spouse, SB 168 ...... ............. .........................................................No Senate action in 1976

Driver's License Permitted as Bail; prohibit in certain

cases, HB 1339 ...........

. .... -497, 502, 597, 646, 693, 737, 749

Driver's License; provide distinctive driver's license for

persons under 18, SB 583 _ . .......... ...590, 687, 735, 777, 795, 1710, 3059

Driver's License; provision for surrender of license upon

revocation, HB 1624 ........................................ 2237, 2240, 2428, 2430, 2738, 2804

Driver's License Revocation; court clerk receive license and forward to Public Safety Department, SB 56 _____________ No action in 1976

Driver's License, Suspension; time periods upon conviction, HB 1627 ........................... ... -..- ...... -----1165, 1174, 1445, 1537, 1743, 1762

INDEX

3097

Driver's License; 16 year old licensed after approved

course, SB 541 . ....

304, 597, 644, 693, 737, 754

Driving Permits; issued after license revocation, certain

cases, SB 352 _______________________________________ _____ ____________ No action in 1976

Drug and Alcohol Abuse; treatment under mental health

services, SB 208 .._.._........ ..... ............ ...504, 543, 599, 600, 2993, 2997, 3060

Drugs, Dangerous; include new drugs in definition,

HB 883 _................^......__._...._......___... ............... ________ . 2245, 2248, 2459, 2468, 2699

Drugs, Dangerous; marijuana possession cases tried in certain

courts, HB 1720 .______.______..._______.._____________._________1710, 1716, 2245, 2258, 2459, 2646

Drugs; State Pharmacy Board set all regulatory fees,

HB 1494 _..--______._..______.....___.--___..--__.___.._...... 1302, 1313, 1531, 1724, 2459, 2686

Drunk Arrest; check medical disability identification,

SB 266

.

...._.._..._...._......_.... ____.No Senate action in 1976

Dublin, Downtown Development Authority; establish

HR 888 ...................... ......................... _____________ 2222, 2234, 2425, 2439, 2778

Dublin-Laurens County Development Authority; remove interest

limitation on bonds issued, HB 2096 ___ _ __ ___ 2208, 2211, 2425, 2438, 2714

Duluth, City of; change dates of elections, HB 1761 ... 1116, 1125, 1241, 1322, 1365

Dykes, Mayor Carl R.; honoring, SR 390 .............. ___________________ ._____1544

E

Ear Piercing; constitutes practice of medicine, SB 570 ____________ _________ ___ 537, 733

East Point, City of; duties of mayor and council, HB 1637 ............1161, 1170, 2424,

2433, 2707

East Point, City of; method of dismissing employees,

HB 1636 .......

...1161, 1170, 2424, 2433, 2706

East Point Councilman; add qualification,

HB 1701 ........... .......... ..1161, 1170, 2424, 2433, 2707

Eatonton, City of; change corporate limits, SB 656____. .........1122, 1240, 1321, 1363,

1909, 3059

Eavesdropping and Surveillance; certain activities not

unlawful, HB 1795 ............................... __________ ....1228, 1239, 1533, 1725, 2460, 2652

Echols County Probate Court Judge; also serve as County

Court judge, HR 804 ............_........................_..... _______ 1711, 1717, 2094, 2104, 2324

Echols County Tax Receiver and Collector; compensation,

HB 2095 ...________ ___.__________________________..______________.___.____________2208, 2211, 2425, 2438, 2714

Economic Development Council; create, HB 1791 _._ 1228, 1238, 1318, 1361, 1451, 1493

Economy, Reorganization and Efficiency in Government, Senate

Standing Committee; abolish, SR 8 ___________________________ ...No Senate action in 1976

Education, Adequate Program (APEG); amend to provide for

psychoeducational centers, SB 636 ...................._............---.....-. . ... .............964

Education, Adequate Program (APEG); amend to provide for

recitation of the Pledge of Allegiance, HB 1269 __.____.496, 500, 732, 771, 840, 883

Education, Adequate Program (APEG); change beginning age for

children, HB 54 ..............

........ ..... .-.. -732

Education, Adequate Program (APEG); change food service

provisions, SB 483 __.______._.___..___________.._.___-._________ 228, 504, 545, 599, 627, 2703, 3060

Education, Adequate Program (APEG); sick leave for personnel,

vocational and area trade schools,

HB 1366 ..

1229, 1236, 1444, 1535, 1743, 2285, 2310

Education Board; create advisory council on teacher certification

under APEG, SB 616 ................. .... ........... 810,1444,1533,1742,1743

3098

INDEX

Education Board Members; elected in nonpartisan election, certain cases, HB 1416 ..._.- ...--...--..-.--.-.__--._.......---- .............470, 474
Education, Board of; reinstate sixth-year certificate program, SR 370 ..-..-------.------------.---- _. 1233, 1444, 1534, 1742, 1751
Education, Board of; six year certificate program, HR 778 ,,_.....-------- 2222, 2234 Education Board, State; change provisions relating to examination of

textbooks, SB 600 --..._..._ ..... .... -- _......._.------

..---- ..682

Education Board, State; Professional Standards Commission advise

relating to teacher certification, SB 569 - ....537, 1034, 1135, 1189, 1192, 2645, 2672, 2878, 2888, 2983, 3054, 3060
Education Board; urged to establish courses on free enterprise system, SR 348 --------_.------------..----..------......--896, 1177, 1244, 1325, 1341
Education Department; reimburse local schools for loss from property

tax reduction, SB 49 ....... --__------------------------.--........ No action in 1976 Education; Higher Education Assistance Corporation, premium on loan

guarantee insurance, HB 1783 ............... ------1228, 1238, 1358, 1448, 1545, 1696

Education Laws Study Committee; create, HR 614 -..------ 2061, 2083, 2244, 2258,

2460, 2660, 3053

Education, State Board of; composition, SR 270 --------___________ .___.._.._........._.... --230

Education; Superintendent of Schools, annual reports,

HB 1716 --------------------.----------------.1303, 1315, 1444, 1537, 1743, 2161, 2217

Education, Vocational; urge increased emphasis, HR 991 .------------------2877, 2942

Effingham County Board of Commissioners; terms of office,

SB 613 ---..----.-,-._..._--....---.------------ -.762, 1132, 1180, 1249

Effingham County; sheriff employ deputies, SB 631 ..... 894, 1132, 1181, 1251,

2221, 3059

Elbert County; conveyance of certain State-owned property,

SR 332 ---------------- .....------------.---- 762, 1035, 1135, 1190, 1207, 2370, 3061

Elbert County Law Library; State Library furnish certain

books, HR 600 ..---..--------------------------1427, 1438, 2245, 2258, 2460, 2659

Eldridge, Senator Frank; communication relating to Rules Committee ....---....2247

Elected Officials; encouraged to resign before seeking second

elected public office, SR 414 ..---- .......................- .... 1875

Elected Officials; procedure for recall, HR 568 _......._----....--...----,,,,.---- 964, 967

Election Code; affidavit qualifying for party nomination,

HB 903 --------

..-- ..----469, 473, 595, 645, 693, 737, 748

Election Code; new chapter relating to political campaign

financing, SB 279 ------------------ .....--------------

No action in 1976

Election Code; redefine absentee elector relating to 62 year olds, SB 253 ---- 13, 14

Election Expenses; repeal section requiring county to pay for

referendum on local school taxation, HB 1921 ................1515, 1527, 2096, 2098,

2286, 2386

Elections; amend campaign financial disclosure provisions,

SB 609 .------------.---- ..------........761, 1319, 1360, 1450, 1452, 3051, 3060

Elections; amend Code relating to voter registration deadlines,

HB 1987 .....----.....--............................... ------ .1303, 1316, 2426, 2431, 2739, 2939

Elections; ballots printed equal number of registered voters,

HB 1822 _.......__.

... 1228, 1239, 1359, 1448, 1545, 1697

Elections; campaign activities, prohibit petition circulation

certain distance from polls, HB 194 .....................------.......... No action in 1976

Elections; certain local education board members elected in nonpartisan manner, HB 1416 ....._...._-....__......----..._----.......-..--.....------470, 474

Elections, Municipal Primaries; terms for offices, SB 587 ........_.. ...................................

637, 687, 735, 777, 796

Elections; provide for automatic recount of votes, certain cases, SB 318 .................. _.....

No action in 1976

INDEX

3099

Elections; provide for general primary and Presidential Preference

primary to be held at same time, SB 576 ............__..........._._589, 686, 735, 777, 793

Elections; provide for system of registration by

party, SB 202 _..._................_......._................ ..No action in 1976

Elections; provisions for filing lists of disqualified voters

with registrar, SB 258 ......_._....._..__.......__,,._....._.._ ..270

Elections; relating to number of voting machines provided,

HB 989

.....--,,.........

88, 91, 2426, 2429, 2738, 2937

Elections; repeal requirement that chief registrar own property,

HB 1551 .-_-____._..__..__..______....--_-____.__._.______________..2059, 2081, 2426, 2430, 2739, 2938

Elections; State officials must resign before qualifying to run

for elective office, HB 1957 _._.._..___.______.____.___.______.____.___.___________._.._._._._._____.2090, 2092

Elections; uniform voter registration card, HB 681 _........._.....1122, 1131, 1358, 1446,

1545, 1681

Elections; vote recount provisions in certain General Assembly

races, HB 300'

.. .... __ ......... ............... .... 88, 91, 765, 821, 909, 930

Elevator Safety Board; create, SB 610 _...___.___.__..___.___.__..________761, 903, 969, 1051, 1093

Emanuel County, Bicentennial Celebration; relative to, SR 406 ........_._.._..........1817

Emanuel County; conveyance of certain State-owned property,

HR 669 ................................................................1427, 1438, 1806, 1832, 2161, 2229

Embalmer's License; required for applicants for funeral director,

HB 723 ___.___._______.____.__._.____..___.___._._.___._..._______.____245, 251, 595, 645, 693, 737, 747, 809

Emergency Medical Technicians; definition, train, duties,

SB 603 .....

.... ...... .... 725, 1034, 1135, 1190, 1211

Employee Fringe Benefit Function; establish within Merit System,

SB 525 ___._..-..___.___._...------.._.------.266, 503, 545, 600, 630, 765, 839, 846

Employee Under 18; not serve alcoholic beverages,

HB 1639 ........................_............_..............._..1793, 1802, 2096, 2099, 2286, 2345, 2420

Employees' and Teachers' Retirement System; continued

investigation, SR 275 ............

........251

Employees; not required to work on day of worship, SB 476 ........................._..._..89

Employees' Retirement; accumulated forfeited sick leave,

HB 1447 ................................................................1119, 1129, 1445, 1535, 1743, 1767

Employees' Retirement; certain members eligible for group

term life, HB 179 ............................806, 814, 1179, 1244, 1325, 1345, 1429, 1886,

2223, 2228, 2694, 2701

Employees' Retirement; change duties of Actuary, HB 326 ........... 1301, 1313, 1807,

1828, 2459, 2464

Employees' Retirement; creditable service, SB 519 ................_..._....._....._.._............250

Employees' Retirement; eligibility for survivors' benefits, SB 509 .... ..... .--.248

Employees' Retirement; increased benefits for certain members, SB 485 ............228

Employees' Retirement; postretirement benefit adjustment, SB 517 _______.____._.._.__250

Employees' Retirement; provisions for retirement based on years of service, SB 506 ............................._.._.......................__.._..._............................_......248

Employees' Retirement System; Agricultural Commodity Commission employees be members, HB 1274 ................1710, 1715, 2247, 2257, 2459, 2473
Employees' Retirement System Board of Trustees; composition, SB 512 ........... ........................ . ......_..------..-._...---_-_--249, 767, 820, 909, 919

Employees' Retirement System; certain service deemed full-time, HB 312 ........_...... ............................................ 891, 898, 1134, 1185, 1273, 1277

Employees' Retirement System; change benefits certain personnel in Natural Resources and Revenue Departments, SB 115 ___.___.No action in 1976

Employees' Retirement System; change increased benefits to those already retired, SB 77 ... . ..................................... ....................... ..............767

3100

INDEX

Employees' Retirement System; disability provisions for deputy

conservation rangers, SB 500 ...... ---.-247, 597, 643', 692, 703, 1514, 1746, 3059 Employees' Retirement System; include additional persons,

HB 190 ----.------------------. ..__.._..___._______.........889, 898, 1134, 1185, 1273, 1275

Employees' Retirement System; increase contribution percentage

of certain departments, disability benefits, SB 86 ............._..No action in 1976

Employees' Retirement System; management and investment of

funds, SB 514

-- -.........-.---.__.........--._.._--_....---- ....249

Employees' Retirement System; redefine provisions for appellate

court judges, SB 113

.-- --...----------------------------No action in 1976

Employees' Retirement System; separate record of accumulated

contributions, certain cases, SB 479 ____.______.___._______.______________.________.__________________.227 Employment Security Law; amend relating to benefit table,
HB 1367 --------...-----.----.--..-- 721, 728, 1178, 1246, 1326, 1876, 1937, 2080,

2088, 2405, 2416, 2456, 2680, 2687, 2969, 3054 Employment Security Law; change disqualification for benefits under
unemployment, SB 488 ............._..................229, 1178, 1242, 1325, 1327, 1499, 1502 Employment Security Law; increase weekly amounts, SB 12 ____.__.___._______________.____733 Energy Consumption Analyses; State agencies perform, certain
construction projects, SB 496 _.......__......__......_................._.....246, 818, 905, 976, 996
Energy Resources Council; create, HB 1698 --------1352, 1356, 1532, 1725, 1877, 2074 Engineering Experiment Station at Georgia Tech; designated as
Georgia Productivity Center, SR 81 ____...._______..._______.....___._____.__.._.__..__________...._._.903

Enticing Person to Enter Establishment for Immoral Purposes; guilt without regard to sex, SB 678 ___._...........13'06, 1532, 1722, 1876, 1893, 1934
Equalization Boards, County; change appeal provisions,

SB 533 --------------------------.------------------------267, 503, 545, 600, 648, 650 Equine Commission, State; create, SB 705 __......._...._... 1712, 1806, 1828, 2160, 2166 Estate Tax; filing, interest, appraisal and payment,
HB 781 ------- ------------------.--------------2060, 2080, 2241, 2248, 2459, 2467 Estates; certain death benefits not liable for debts or
taxes, SB 108 _............._....._............................._..................... .. --No action in 1976 Estates, Wills; procedures in cases of missing persons,
HB 1282 ----------------------------------1295, 1308, 2245, 2257, 2459, 2475 Ethics Code; establish for government officials, HB 972---- .. .... 1319, 1361, 1450,
1470, 1712 Euharlee, Town of; new charter, HB 1876 ..... --------.1227, 1236, 1443, 1543, 1740 European Flight Service, Direct; urge Congressional Delegation
to assist in obtaining, HR 769 ----.------------------1121, 1131, 2247, 2285 Evans, Judge Randall, Jr.; commend, SR 394 ................ ............... ................ --1544

Evidence; admissibility in rape prosecution, SB 457 .................._. ....................50, 307

Evidence; admissibility in rape prosecution relating to past sexual experience, SB 458 ... ............. ........50, 307, 475, 509, 525, 2370, 2376, 2421, 3059

Evidence; admissibility of expert testimony, certain conditions, SB 370 -.-----------------------------------------...No action in 1976

Evidence, Admission of; collateral sources of indemnity in damage for personal injury cases, SB 605 - ._......................_..................... . . --.----725

Evidence; certain statements for medical diagnosis admissible, HB 1332 ................. .------------------------------....--------- 963, 966

Examining Boards; cost of examination remitted to providers of exam, SB 629 .................................................... ----894, 1319, 1361, 1450, 1458

Executive Agencies; legislative oversight of rules and regulations, SB 480 . . ................................ ... ............................. .... 227, 819, 904, 975, 991, 1004

Executive Branch; Legislative Services Committee authority to investigate agencies, HB 1141 .............. ..... ...............................................1720, 1808

INDEX

3101

Executors; investment of funds at spouse's directions, HB 1771 -..-------...-------... -------..---- 1301, 1315, 1441, 1537, 1743, 2161, 2219
Expense Vouchers and Travel Allowances, State; committee to study, SR 412 _._..__.___.__.._...___..._____.___._._______.________.___..___._______..__.___..____._.__...._.1827, 2940
Eye Bank Technician; may extract eyes from donor's body, SB 621 ........_........ ......................._...811, 1034, 1134, 1190, 1204, 3052, 3060

F

Facade and Conservation Easement Act; enact,

HB 1935 -_----------.------..----...----------.2061, 2082, 2427, 2436, 2737, 2794, 3058

Fair Business Practices Act; certain procedures unlawful, SB 647 _--..._.......--.1031

Fair Market Value; change property tax requirements,

SB 707 ----------------------------.1713, 2093, 2097, 2285, 2292, 2993, 3015, 3060

Fair Market Value; meaning, HB 1648 _._.._.._...........2089, 2092, 2241, 2249, 2738, 2873,

2891, 2928

Fair Market Value; redefine term, SB 231 ..------------------No action in 1976

Family Practice Advisory Board; create, HB 1756 _ 1709, 1716, 2244, 2250, 2460, 2649

Farm Credit System; prohibit contracting insurance business, HB 773 ________635, 640

Farm Equipment; clarify sales tax exemptions, HB 997 ---2089, 2091, 2241, 2248,

2737, 2797, 3052

Farm Machinery Sales, Distribution; regulate,

SB 594 - ... ...._._..._......_..638, 767, 820, 909, 975, 1051, 1056, 1089, 2370, 2677, 3060

Farmers Market; person selling on premises licensed by Agriculture

Commissioner, HB 1540 ................1164, 1173, 1440, 1536, 1743, 2160, 2188, 2419

Farmers; permit to kill deer and animals damaging crops,

HB 1341 -.--------------.----------------..-.1300, 1313, 1440, 1535, 1743, 2160, 2181

Farmers; praise, SR 454 _------.----...-- _--....__,,--.--....------........----------------_.--.2455

Fayette County Board of Commissioners; number of members,

HB 1981

................1511, 1522, 1805, 1830, 2111

Fayette County; business license fee in unincorporated areas,

HR 596 --------------.......------------------........892, 901, 1133, 1184, 1262, 1353

Fayette County Probate Court Judge; compensation, SB 290........No action in 1976

Fayette County School Superintendent; appointment,

HR 857 ---....--.-.----.....--------------------1794, 1804, 2243, 2256, 2495

Fayette County Sheriff; compensation, SB 289 _._._______._...._..___._...___.No action in 1976

Federal Appropriations; total not exceed estimated revenue, urge

Congress to initiate U.S. constitutional amendment, SR 240 ..._............__.._.. 30

Federal Clean Air Act; urge Congress amend, SR 376 .-1355, 1532, 1723, 1876, 1902

Federal Clean Air Act; urge Congress of U. S. to amend, HR 770 _._......_..1122, 1131

Federal Davis-Bacon Act Study Committee; create, SR 392 ____..._.__.___._______,___.____1713

Federal Davis-Bacon Act; urge Georgia Congressional Delegation,

seek repeal, SR 328 ...

...............

726

Federal Funds for Transportation; General Assembly administer and

disburse, HR 803 .... --------------------------2090, 2092, 2248, 2251, 2460, 2661

Federal Intergovernmental Cooperation Act of 1968; legislative

intent, SB 473 ._......................._.._................_......._..._..........___..._.........88, 503, 544, 599

Federal Welfare Recipient Employment Incentive Tax Credit; urge

take advantage of, HR 992 ................._....._.........._.__...._......._.._......._..._..._..2877, 2942

Fees, Reimbursed Expenses Paid by State Agencies; disclosure

provisions, HB 541 ........_._..............................._.._..1118, 1128, 2095, 2105, 2285, 2381

Fees, State Government Agencies; repeal Act on collection,

HB 1232 .__.__..___.____.______.____.--..,_._.__._--.-_-....____..--.--.._..-225, 231, 765, 822, 909, 934

Felony Case Jury; alternate jurors certain cases,

HB 1399 .._........._..............._...._..........._.............._.._.. 722, 728, 1134, 1186, 1273, 1282

3102

INDEX

Felony Cases; change number of jury strikes, HB 1340 _.................. 1793, 1802, 2097

Felony, Commission of with Handgun; 10 years imprisonment

required upon conviction, SR 262 ___.....__......__._.._._.....__....._.......................__..__.._...70

Felony, Possession of Firearm; sentence consecutive to other

sentence, HB 1250 ___.........._................_.806, 815, 1179, 1244, 1325, 1450, 1505, 1712

Females; not exempt from military, police or road duty,

SB 680 _____._._____..._...___.___.___-_-..___.-...___.___.__.._____._.1307, 1532, 1723, 1876, 1894, 1935

Females; repeal Code section relating to admission to branch colleges of

University System, SB 681 ............_..........._...1307, 1532, 1723, 1876, 1895, 1935,

2702, 3061

Fiduciary; relieved of certain duties under wills and trusts,

HB 2015 ________..

2061, 2083, 2427, 2436, 2738, 2925

Financial Disclosure Act; public officials required to

file statement, SB 79 ___,,..,,___..____,,- .No action in 1976

Financial Institution; receivership proceedings assets over

$150,000, HB 1692 _____..._______.___._._____.__..___.___...___1164, 1174, 1358, 1448, 1545, 1695

Financial Institutions Code; multiple party accounts, right of

survivorship, SB 492 __.._......._._.....229, 817, 905, 975, 1051, 1065, 2484, 2627, 3059

Financial Institutions; relating to fiduciary powers,

HB 1301 _..._.....__.._..._.__.._.__........__............_......_..496, 501, 1177, 1245, 1326, 1376, 1389

Fincher, Senator W. W., Jr.; attend funeral of Senator McGill's

mother -_.._........._.........___.--._.......,,........ .._.__................................_.._......908

Fire Academy, Georgia; create, SB 611 ........_............_...___....761, 1033, 1135, 1190, 1212

Fire Academy, Georgia; create, HB 1821 ___.___._...____1301, 1315, 1806, 1829, 2286, 2350

Fire Departments; enter mutual aid agreements, SB 475 ..._.......89, 686, 734, 777,

801, 2703, 3060

Fire Fighter's Mediation Act; delete section on county-city

government, SB 206 .._..__.._..........._.._....___....................13, 14, 71, 93, 96, 97, 892, 1224

Firearm Discharge on Sunday; repeal law making unlawful,

SB 543 _..................._._..........._.__..........__...__.___..._____......__.....470, 503, 545, 600, 648, 654

Firearm, Knife; use in commission of misdemeanor unlawful,

SB 554 ......_._..._....._..._..._....._..._......._...____.._._...._..___......._......._.....472, 596, 644, 693, 719

Firearm; possession during commission of felony, change

penalty, SB 316 .....,,,,.. ...........

No action in 1976

Firearm, Possession During Commission of Felony; change penalty

provisions, HB 1250 ._......_.-.__........_.....806, 815, 1179, 1244, 1325, 1450, 1505, 1712

Firearms; change pistol licensing requirements,

SB 673 .__..__._._._____..._._.-_..___--_-_.______..1233, 1358, 1446, 1544, 1665, 2967, 3009, 3060

Firearms; change provisions relating to discharge on Sundays,

SB 697 ___.._____.._._.__._____._____.-__...._______...143'0, 1532, 1723, 1876, 1900, 3023, 3024, 3060

Firearms Registration; governing authorities prohibited from

adopting ordinances, SB 172 _..__...__.__..___.__.--.._.__--_,,_____.__..... No action in 1976

Firemen; certain injuries, health impairment considered arising

in line of duty, SB 46 ....._........_....._....._..._.__..............___._......._._.........766, 819, 909, 911

Firemen; monthly pension increase, SB 416 ___________.___________.__________...._.._..._.____.____28, 904

Firemen's Pension Fund Board of Trustees; powers and

duties, SB 417

....-.---.--. 28, 904

Firemen's Pension Fund; eligibility requirements, HB 282 ___.___..._ 2247, 2256, 2459,

2461, 2700

Firemen's Retirement System; increase certain benefits,

HB 1314

.....,,.,,..--- ..... .535, 541, 904, 970, 1051, 1108

Firemen's Retirement System; powers and duties of Board of Trustees, HB 1315 ........._.._........_..-_......._.-_._......._.._._.535, 541, 904, 970, 1051, 1110

Fiscal Affairs Subcommittee; create within each House of the General Assembly, HB 1210 ....... No action in 1976

Fiscal Assistance Act, State and Local; urge Congress to reenact, SR 261 ___.__..___.73

INDEX

3103

Fiscal Note Act; bills changing anticipated revenue level, time

for introduction, HB 1571 ._.._...._......._.._..._...........1423, 1436, 1717, 1809, 2161, 2192

Fishing Vessels, Commercial; Ports Authority provide docking

facilities, SB 491 ................................... 229

Flashing Lights on Motor Vehicles; authorize additional uses, HB 879-588, 592, 687

Flight Service to Europe, Direct; urge Congressional Delegation

to assist in obtaining, HR 769 __......._.__....................... ..........1121, 1131, 2247, 2285

Floyd County; conveyance of certain real property,

SR 282 ...._......._....-......-.-....................................:-..268, 543, 598, 649, 674, 2371, 3061

Floyd County; include certain employees in retirement system,

HR 616 ...._....._.........._...__...........-..-..-.-.-..-........-...-........_....__.808, 816, 1133, 1184, 1267

Floyd County Superior Court Clerk's Chief Deputy;

compensation, HB 1746 .._...___....._........_._....... ............1115, 1124, 1241, 1322, 1364

Floyd County Tax Commission Chief Deputy;

compensation, HB 1745 ............................................1115, 1124, 1241, 1322, 1364

Flue-Cured Tobacco; urge sale across State and county lines,

HR 195 ..................-.-- ......

No action in 1976

Flynn, Phil; wishing speedy recovery, SR 279 ...._......___..._._.....__..........._.._..._..._.......255

Food Service Provisions; amend Adequate Program for Education

Act, SB 483 ._..__..........-...-.....--.........-.-.-..-.-...-228, 504, 545, 599, 627, 2703, 3060

Forest Products; change provisions relating to trucks transporting,

HB 1731 ................_._.___._.......-.-.-...-.-......-.-....-.1351, 1357, 1721, 1810, 2161, 2218

Forest Service, U.S.; relative to land owned in Georgia, SR 293 _______._...--__._.._.._._-304

Forsyth County Employees; merit system of civil service

system, HR 594 .__......._....._.-.....-...-.-...............-..........._.........681, 686, 902, 972, 1048

Forsyth County; property in transit tax

exempt, HR 791

........_...__.........__..._..... 1516, 1528, 1806, 1833, 2199

Forsyth County Superior Court Clerk; personnel, HB 1697 ................805, 813, 1718,

1812. 1835

Forsyth County Tax Commission; personnel employed by,

HB 1696 __........_..........__.-........-...-.-.-.-..-.-.---.--..-....805, 813, 1718, 1812, 1835

Forsyth County; tax for fund to promote development of

industry, HR 793 ....

..................1516, 1528, 1806, 1833, 2201

Fort Oglethorpe Aldermen; compensation, HB 1997 .--..1512, 1523, 1805, 1831, 2113

Fort Valley Redevelopment Authority; create, HB 1758 .1115, 1124, 1241, 1322, 1364

Fortson, Honorable Ben W., Jr.; commend, SR 389 ..____..... ...............................1490

Fountain, Cleve; Commend, SR 400 ._.____._______.....__..___.____________________.__________.___________.___.1704

Fox Theater; commend Southern Bell Telephone Company for efforts

to save, SR296 ........................

479

Franchise Practices Commission; regulate motor vehicle, construction equipment and farm machinery distributors, SB 594 ....... ...................638, 767, 820, 909, 975, 1051, 1056, 1089, 2370, 2677, 3060

Franklin County Advisory Board; compensation, HB 1851 .............1421, 1431, 1718, 1813. 1838
Franklin County; conveyance of certain State-owned property, SR 329 .............................................726, 818, 906, 976, 1020, 1517, 3060

Fraternal Benefit Societies; relating to certificate reserves on life insurance, HB 986 ........-.....-..-.-.-.-.............-.-469, 474, 1358, 1446, 1545, 1682

Fraud; define, SB 431

........

.42

Fraud in Obtaining Public Assistance; change offense, SB 532 ...._..._..._..............._...-.-.....-.-.......-.........267, 504, 545, 600, 648, 649, 2421, 3060

Fraudulent Documents; sale, use prohibited, SB 495 .......... ... --....................246, 818, 886, 908, 910, 976, 996, 1132, 1189, 1190

Free Enterprise System; urge courses in public schools, SR 348 ._...__..........._....._..........._....__._._....._......._._._._._......._...896, 1177, 1244, 1325, 1341

3104

INDEX

Full Employment in Georgia Study Committee; create,

SR 387 __...-.__.-.--.-___.__--.___-_._._.--_._----.__----..1430, 1720, 1808, 1876, 1903

Full Employment in Georgia Study Committee; create,

HR 813 --------.----------. ---- ...------. ...2090, 2093, 2245, 2251, 2460, 2674, 3057

Fulton County-Atlanta Delinquent Taxes; one fi fa.,

SB 354 ........_............................... ......... .......... ................ 901, 972, 1040, 2481, 3060

Fulton County-Atlanta; tax executions advertised and sold,

SB 664 ................... .................................................................1168, 2242, 2251, 2450

Fulton County Board of Commissioners; change composition, SB 626 .... ..........893

Fulton County Board of Commissioners; composition, SB 652 _____ .... _________ 1032

Fulton County Board of Commissioners; composition, HB 1421 _____ .________1160, 1169

Fulton County Business License; not issued when ad valorem taxes

not paid, SB 662 ______ _______ ______ ..______ ______ ____________ _ _____ _______ __________ 1167

Fulton County; change definition of income for homestead

exemption, SR 97

.----------------..--

____2482, 3061

Fulton County Clerk and Sheriff; fees for services rendered in domestic

civil cases, SB 709 __________ ......................................................1796, 2425, 2436, 2705

Fulton County Commissioners; pension benefit computation,

HB 1295 ... ................. ---------------- ______________ ----1509, 1520, 2242, 2252, 2441

Fulton County Criminal Court; additional judge, HB 654 ............No action in 1976

Fulton County Criminal Court; change provisions relating to demand for

trial, HB 652 .... __________ ____.________..

... ...

_______2242, 2251, 2440

Fulton County; define the word Homestead for tax purposes,

HR 81 ______________ ................................................. 1230, 1239, 2424, 2434, 2755, 3052

Fulton County; disposal of abandoned autos, HB 1615 --1225, 1233, 2242, 225;;, 2444

Fulton County Education Board Retirement System; benefit

adjustments, cost of living, HB 1507 ------------------.1160, 1169, 2424, 2433, 2705

Fulton County Education Board Retirement System; computation of

benefits, HB 1506 ......................................................1160, 1169, 2242, 2253, 2446

Fulton County Education Board Retirement System; deferred pension

benefits, certain persons, HB 1505 ...... ... ________ 1160, 1169, 2242, 2252, 2444

Fulton County Education Board Retirement System; limit on prior

service credit for military duty, HB 1504 ....................889, 896, 2242, 2252, 2443

Fulton County Education Board Retirement System; retirement at

55 with thirty years'service, HB 1508 ___ ____________________________ _. ....1225, 1233

Fulton County; employees' pension plan, retirement at 55 with 30

years' service, SB 74 .....................,......_..............._.......................No action in 1976

Fulton County; enact ordinances and traffic regulations in unincorporated

areas, HR 586 _ _____ _____ _________ ___________ ..................1121, 1130, 2243, 2255, 2485

Fulton County Governmental Immunity; waive in case of Sosby,

Avery, Skinner and Cox, HB 1170 ........................................ _______________ ........901

Fulton County Homestead Exemption; request for $10,000

exemption, HR 587 ............................................................... ...................1516, 1527

Fulton County Industrial Authority; create, SR 309 .. ......... ........ .......591

Fulton County Industrial Tax District; create, HR 747 ___ ... ...... .. 1426, 1439

Fulton County Judges' and Solicitor General's Retirement Fund;

change certain figures and conditions, HB 251 .. .......................... 252, 272, 310

Fulton County Judges' and Solicitor General's Retirement Fund;

payment of benefits, HB 1297 ______ ____ . _____________ _ --889, 896, 2424, 2433, 2704

Fulton County Judges Retirement System; rights vest after

twelve years' service, SB 103 _______________ _____________ ....No action in 1976

Fulton County Merit System; revise, SB 300 .................................... No action in 1976

Fulton Countv; minimum pension, certain former employees, SB 521 ..".....................................................-....--250, 1240, 1320, 1369, 3050, 3060

Fulton County Officers and Employees; participate in pension fund, HB 1296 ....... ......---- --...... ...... --1509, 1520, 2242, 2252, 2442

INDEX -

3105

Fulton County Probate Court Judge; granting of marriage

licenses, HB 1576 ......----------------......------------1115, 1124, 2425, 2436, 2706

Fulton County Probate Court Judge; more than one office

location, HB 1575 ----------------------......----..-----1114, 1123, 2425, 2436, 2706

Fulton County Sheriff; compensation, HB 234 ........--.------901

Fulton County State Court; consolidate civil and criminal

courts, HB 660 ----------------------------------..889, 896, 2424, 2433, 2718, 3057

Fulton County Tax Assessors Board; membership, SB 327 ._..._.. No action in 1976

Fulton County Tax Assessors; certify and file tax digests annually, HB 461 --901

Fulton County; Traffic Violations Bureau within civil

service, HB 1774 ------------------------------------1420, 1431, 2424, 2434, 2708

Fulton County Transportation Study Committee; create, SR 115 -No action in 1976

Fulton-DeKalb County; repeal alphabetical list tax digests,

HB 1241

-.----......--.--..----------227, 232, 765, 823, 909, 943

Fulton-DeKalb Hospital Authority Study Committee;

create, SR 363 ......... .............._.........._..._..........1168, 1719, 1816, 1844, 2485, 3061

Funeral Director License Applicant; valid embalmer's license

required, HB 723 ------------------------.--245, 251, 595, 645, 693, 737, 747, 809

G

Gainesville American Legion Post 7 Baseball Team;

commend, HR 515

-........--

........68, 73

Gambling Offense; exceptions on printed matter shipped outside

State, HB 1847 ... - .............._._.._......._..................1426, 1437, 2094, 2099, 2286, 2352

Gambling; redefine lottery, SB 320 --------------...--------------No action in 1976

Game and Fish Laws; amend relating to certain license and agents

fees, HB 1877 ..................................-1515, 1526, 2246, 2250, 2460, 2653

Game and Fish Laws; amend relating to commercial fishing boats,

disposal of seized wildlife, court jurisdiction and arrest powers,

HB 1489 -------------- 807, 815, 1532, 1724, 1876, 2053, 2239, 2351, 2944, 2953

Game and Fish Laws; amend relating to taxidermist license,

HB 1668 ._..._...._......_.._..................... .................2238, 2240, 2428, 2435, 2738, 2874

Game and Fish Laws; authorize use of compound bows, certain game

taking, SB 523 ........................................_.._.._._._....._.._......... 266, 477, 507, 548, 567

Game and Fish Laws; commercial fishing boat licenses, change bond

provisions, SB 139 . .... .. ........_..__.._..._........................_..__.._......No action in 1976

Game and Fish Laws; define certain terms,

SB 522 .................... .-..----...--------250, 477, 507, 548, 566, 2966, 2992, 3059

Game and Fish Laws; permanent honorary hunting and fishing licenses

to wartime veterans, SB 438 ......... ... .........._........._... 43, 1318, 1360, 1450, 1500

Game and Fish Laws; regulations issued come under Administrative

Procedure Act, HB 1490 .....__..__... .___.______.____.1230, 1237, 1532, 1724, 1876, 2057

Game and Fish Laws; repeal provisions requiring bond

from commercial fishing boat owners, SB 48 --.--.----........._..No action in 1976

Game and Fish Laws; repeal requirements for oyster

sales, SB 239 .......... ....._._.....__..... ....._._._......_....'............._...._.__... No action in 1976

Game and Fish Laws; steel traps illegal, SB 69 ... ._..__...__..... .. ------.596, 648, 669

Game and Fish Laws; wildlife rangers retain badge and

weapon upon leaving department, certain conditions,

HB 1848 ......_.._..........__.___.._............._...... 1165, 1175, 1532, 1725, 2286, 2353, 2405

Garnishment; right to writ after judgment,

HB 1371 ........... ................ .......... .-1120, 1128, 2427, 2429, 2737, 2739, 3058

Gasoline and Special Fuels; limitations on distribution,

HB 78 ................. -.--------..-------- ... ..._.._.... ............ ------721, 728, 2426, 2429

3106

INDEX

Gasoline Marketing Practices Act; additional requirements,

SB 505 ......... L ...___.._.. _____.----_______--__________,,___ ._____.--________.-- ,

248

Gay, City of; Mayor and Councilmen, terms of office,

HB 1983 .._.____.....

1511, 1522, 1805, 1831, 2117, 2419

General Assembly; adjournment January 23 to February 2,

HR 553 -_____________--_____.______.__.__-.______..___-___.__________-__-____.____.--_______..._.282, 297, 467

General Assembly; administer and disburse Federal funds for

transportation, HR 803 .

. .. 2090, 2092, 2248, 2251, 2460, 2661

General Assembly; Administrative Procedures Oversight

Committee review proposed rules of executive

agencies, SB 538 -.----.............. ...... 303

General Assembly; change sessions and procedures, SR 4 ........... No action in 1976

General Assembly; define practice of law relating to qualifications of district attorneys, SR 253 ___......._____....._...___.___.___..__.......... 46, 234, 254, 275, 294

General Assembly; express position relating to licensed

practical nurses, HR 995 _-_------..--_---.........--.-,,--.--...---2877, 2943

General Assembly Interim Committee Members;

travel, SB 453 ,,...--_______________....--________..--______._.._._--50, 1319, 1360, 1450, 1451

General Assembly; legislative process open and accessible

to public, SR 169 -.-..,,- ............. No action in 1976

General Assembly Meetings; change provisions, provide for

consideration of Appropriations bill, SR 255 _________----_--__.________--__________.____46

General Assembly Members; change certification procedures on

vouchers, SB 504 ............__ 247, 819, 905, 976, 1001, 2368, 2396, 3060

General Assembly Members; no change in compensation

during term, HR 69 __

14, 23, 68, 1282, 1288, 1430, 1458, 2915, 3055

General Assembly Members; no compensation for Saturday and Sunday,

SB 595 -,,-,,...----,,._---.681, 765, 821, 909, 928

General Assembly Members; provisions for vote recount in

elections, HB 300 ................

88, 91, 765, 821, 909, 930

General Assembly Members; provisions relating to

vouchers, HB 1401 -_--.____._____---__.-....-..________.---________.____...._-__________.__.-.._--_3<)0, 306

General Assembly Members; urged to hold town hall meetings, SR 305 -..__...__-----..___...-..._._.._-. .......... 547, 809
General Assembly; power to consolidate areas of 600,000 population, SR 327 _..._........_.-_______.........._.......__.__......._...-..-._-__.__..__..........___.__...._.........._._.____726

General Assembly; provide annual 45-day sessions, SR 341 __________.__----__________._.____,,.--_.__________.895, 1319, 1361, 1450, 1462, 2966, 2967
General Assembly; reapportion Senate districts 34 through 39, SB 693 ___.._......._..___________.___..........-._-_-.___.____.............___.__.__-_-_..........__.__.___.___.........1354
General Assembly; reapportion senatorial districts 9 and 13, SB 254 ...........................................................................................No action in 1976
General Assembly; reapportion senatorial districts 25 and 45, SB 399 ___._.._.__.........--__.____-.-....--.__.___.____............._--_.71, 93, 97, 101
General Assembly Salaries; no change during terms, SR 31 ___..__._...--...___.._...___.........----_.____.___..........--..___._______.._...-.._ No action in 1976
General Assembly Standing Committees; receive appropriations requests prior to appearance by department officers, SB 297 ...--..__._.__......----.--.--_..._.__.........----_..___._______.._.....----...No action in 1976

General, Mechanical and Electrical Contractors Study Committee; create, SR 391 -.._...._...............--__.____._...__................ 1520, 2940, 2941
Generic Drug Substitute Study Committee; create, SR 462 ___.__...__.._............--. 2691

Geologists, Registration; change qualification provisions, HB 1748 _______________________________--..-___-_________--1164, 1175, 1532, 1725, 2460, 2648

Georgia Agricultural Coliseum in Tifton; recognizing need for, SR 215 ----_..__._._._._.._.._._............----_...___..-......-- .......No action in 1976

INDEX

3107

Georgia Building Authority; create and provide membership, HR 599 _..... ......................_.._.............. 1428, 1438
Georgia Building Authority; exercise of powers upon buildings, HB 1920 _ ... ................._..... 1429, 1437, 2428, 2432, 2737, 2780, 3058
Georgia Bulldogs Football Team; commend, SR 276 _........_......__..__.._...._._....__._...255

Georgia Bureau of Investigation; additional investigative

powers, SB 136 ....... __._._. --.._.___-- .............. No action in 1976

Georgia Bureau of Investigation; special contract

investigators, HB 1431 .........__.. ....... ... 587, 593, 1134, 1186, 1273, 1285

Georgia Certified City Program; commend Initiators,

HR 890 ...._...... .

1910, 2084

Georgia Fire Academy; create, HB 1821 ._....... 1301, 1315, 1806, 1829, 2286, 2350

Georgia Military Forces; certain officers confirmed by

Senate, SB 278 ..........._._.........-.._.._....._.... .. . .. _. ..._._ No Senate action in 1976

Georgia Pacific Corporation; easement in Chatham

County, HR 503

......

498, 502, 734, 772, 840, 876, 893

Georgia Products; relating to preference in purchasing by

State agencies, HB 1018 ....................._..._.___. 1422

Georgia Tax Revision Study Commission; create,

SR 127 ._....._.._._........_.._...__.___._.....-____......_.___.___....._._.______-No Senate action in 1976

Georgia Tech Engineering Experiment Station; designated as Georgia Productivity Center, SR 81 ,,..._..___.-.--...___--.--____.--903
Giles, Dr. Norman H.; appreciation to, JR 3 ._.....__..._. _...... ,,.._.-.. 32
Gillis Memorial Highway, James ~L. Sr.; designating, HR 497 ___.-_.__...__..__..........-..__.._-.__.___.........._..___...-__.___.680, 685, 767, 824, 910, 948

Gillis, Senator Hugh M., Sr.; attend funeral of Senator McGill's mother, ......... ._...-._...___._--.-,,..._.._._.---. ..908
Glascock County, Bicentennial Celebration; relative to, SR 410 .__,,______..._--_.___1817 Glascock County Commission Chairman; change method of
election, HB 1949 __..........._..___....._._.___......._.___.___..._..__.1422, 1433, 1719, 1814, 1840

Glascock County Commissioners; compensation, HB 1950 _._._....._._._..__.........__.__...._..___.-....._.____.__......___._..1422, 1433, 1719, 1814, 1841
Glascock County Probate Court Judge; compensation, HB 1951 _.._._...._.__-._......___.___..-...._.___......-..____._......-__....._.1422, 1433, 1719, 1815, 1841

Glascock County Tax Commissioner; compensation,

HB 1952 _.......______. ....._..__..___.......___._......._..__.........-_._._.1422, 1433, 1719, 1815, 1841

Glascock County Treasurer; compensation, HB 1953 ... 1422, 1433, 1719, 1815, 1842

Glennville, Community of; commending, SR 404 _____________.-__________,,__________--_________1817

Glenwood, City of; granting of franchises, HB 1307 _____... _._.___. 87, 91, 252, 274, 313

Glynn County Board of Commissioners; method of

election, SB 688 . .

1308, 1442, 1542, 1731, 2483, 2502, 3060

Glynn County; create education districts,

HB 1864 _._._....-...-_.-.........______......___._.-..-..__..__.1226, 1234, 1443, 1540, 1740, 2062

Glynn County Probate Court Judge; compensation of deputies, HB 1994 .._.___.._.......___--.....-.__.___....._____-......1512, 1523, 1805, 1831, 2112

Glynn County Sale of Alcoholic Beverages; authority, HR 707 ___....-______..._..__.___......._____......-_._._.__...-...__.........1167, 1176, 1443, 1543, 1774

Glynn County Sheriff's Office; number of employees, HB 2049 ___.__..__.________.___._______.___._______._...__._1909, 2083, 2243, 2255, 2449

Glynn County State Court Clerk, Deputy Clerks; compensation, HB 2075 :___.__......__.___....._...__._........__.1791, 1801, 2425, 2438, 2712

Glynn County; tax exemption tangible personal property in transit, HR 622 ....._.._._.._..__..._-._.......808, 816, 1241, 1322, 1385

Grady County Board of Commissioners; terms of office, HB 2076 _......_...._._.. 1792, 1802, 2095, 2104, 2264

3108

INDEX

Grady County Board of Education; compensation,

HB 2052 ___._._.__..________________________.._______________....._________.._...1790, 1799, 2094, 2103, 2263

Grady County; lease of certain real property, SR 157 ....__.___.__. No action in 1976

Grain Dealers; licensing and bonding, HB 1422 ___.._____. 889, 899, 1176, 1246, 1326,

1376, 1396

Grand Juries; allow recording devices, allow stenographers,

(additional counties), HB 798 ................................1165, 1173

Grand Juries; provide for special investigative,

SB 599 ________________._____._______________._________.._______________.__.__._.._.682, 1720, 1807, 1876, 1877

Grand Juries, Special; include additional counties,

HB 797 ...._____________._.721, 728, 1134, 1185, 1273, 1279, 1325, 1326, 1429, 1502, 1711

Grand Jurors; provide for alternates, HB 270 ............_..._._.__..__...._..__..._._...._......1720

Grandparents; visitation rights of minor child,

certain cases, HB 171 .......................536, 540, 733, 770, 840, 867, 888, 975, 978

Grants to Cities for Public Purposes; filing for funds,

SB 528 .__.________........._____._____._._.,......_._.__.___.....___.267, 731, 768, 839, 848, 3051, 3059

Grants to Cities for Street Maintenance; filing for

funds, SB 527 ...-.__.______............-__.___._._......_..266, 594, 643, 692, 714, 3051, 3059

Grants to Counties; provide in certain cases relating to State-

owned land, SB 635 ___..............__._ 895, 1131, 1185, 1273, 1274, 1325, 1545, 1704

Grantville Recorder's Court; create, HB 1652 _._.._..._..........680, 685, 902, 972, 1040

Greene County Airport Authority; create,

HB 1804 ____.._.......__.__.____.............__.__..___.........._.____..._.....1117, 1126, 1241, 1323, 1366

Griffin; Honorable Samuel Marvin; commending, SR 386 ........_._.............1450, 1711

Gordon County; change provisions relative to certain

bonds, HB 1653 __....._..._.,. ..__.___..__..__...722, 727, 902, 973, 1041

Gordon County; conveyance of certain State-

owned property, SR 285 ___.__..........___.___.268, 597, 645, 693, 737, 745, 1517, 3059

Government Documents Act; update of distribution lists

required, SB 195 -.-....-,,..-. .No action in 1976

Government Overview Committee; create, SR 318 ........639, 765, 821, 909, 975, 981

Government Paperwork; provide reduction and simplification, SB 477 ___.____________89

Governor and Lieutenant Governor; elected jointly,

SR 248 ________._._._.__._..__.______________...._.___._______.30, 95, 235, 257, 258, 275, 291, 316, 317

Governor; may succeed himself for one term,

HR 493 .__.__.........._...._._______.___.........___.___.___......._..__.___.___.._......236, 476, 507, 548, 573

Governor; provide for succession to office, abolish office of

Lt. Governor, SR 241

...._...__...__.. ...........

........... 30

Governor; reciprocal agreements with other states relating to

motor vehicles, HB 1352 _________........______.____._.-... 469, 474, 505, 546, 600, 648, 668

Governor; succeed himself, SR 250 .-----...._..---....---... 31

Governor's Annual Report to General Assembly; change date due, HB 2079 ......_.___.._......... _._.__..2221, 2236, 2243, 2256, 2460, 2658

Governor's Approval or Veto of Bill; time period, SR 252 .__..._.._... 46, 503, 546, 600, 648, 658

Governor's Bicentennial Youth Congress and its President; commend, SR 375 -...--...--.-,,..........

....._._._.1325

Governor's Medical Malpractice Advisory Council; request Insurance Commission to provide certain information, SR 475 .........................._.2942

Guardian; relating to procedure for appointment for mentally ill, or incompetent persons, HB 1846 ______..__..__._.__._______..._.._..._______________.._._.__.__.2238, 2240, 2426, 2435, 2738, 2906

Guardians; persons senile, alcoholic, drug addicted; disabled, SB 314 _.__............................_..._...........__.._._.........No Senate action in 1976

INDEX

3109

Guardians; provide for natural guardians and wardships, HB 1643 _____._____.__________._____._______.._._.____.._______._______.2220, 2235, 2427, 2430, 2738, 2805
Guice, Mrs. Josie Helms; regrets at passing, SR 430 .,,..._.._...._......-...-..._________ 2085 Gwinnett County State Court; use of jurors from a jury pool,
SB 689 ._..... _._.....___.__...__._..___......_______.._._.____...._-1308, 1442, 1541, 1731, 2316, 3061 Gwinnett County; unreturned property for tax purposes,
HB 1600 .__.____..... ..__._._....-.____.___......__.... 1708, 1714, 2242, 2249, 2459, 2638, 2700 Gwinnett Judicial Circuit; additional judge,
SB 669 ........_............._..._.._........ ...._...._.... ........_._.1232, 1532, 1722, 1876, 1887

H
Habersham County Board of Education; election, HB 1612 ....__..._..........._.........._._.___.........._........................ 679, 684, 1529, 1726, 1818
Habersham County School Superintendent; appointment, HB 1926 ...._.__._...._.___.__........_.___._................................. 1300, 1312, 1530, 1729, 1824
Habersham County State Court Solicitor; secretary, compensation, HB 1883 .........._._._..__..._.._......_.....__.._..1297, 1309, 1529, 1727, 1818
Hahira; system of telephonic communications, HE 615 _______________________.______._____________._______________.__.__.__.r ____808, 816, 1133, 1184, 1265
Hall County Board of Education; staggered terms of office, HR 753 ...._._..__..._.___.._..._...._.-..._...__..__.._.............._._..._. 1427, 1439, 1719, 1816, 1917
Hall County State Court Judge and Solicitor; compensation, HB 1982 ._.._..._._._._..__........... .........1511, 1522, 1805, 1831, 2111
Hampton, City of; repeal of former charter, HB 1855 _________.___________...__.._________________________________..__..______.1163, 1172, 1443, 1539, 1735
Hancock County; Board of Commissioners, SB 645 ._......._......_._..._.._......__..__..._..__..... 1031, 1240, 1320, 1362, 1910, 2053, 3060
Hancock County Small Claims Court; create, SB 591 _...___..._......_..__.._._._...._..._..._...._._._._._._...._..._.... 638, 731, 773, 825, 1423, 3059
Hancock County Small Claims Court; repeal population Act creating, SB 592 ._..._.._._._...._..._..._..___.___.___..___._...__ 638, 731, 773, 825, 1423, 3059
Handgun Used in Commission of Felony; 10 years imprisonment required upon conviction, SR 262 .............._......_..............._...........__.___.._.._._._______.___.___.__________70
Hardwicke, Town of; change corporate limits, HB 1879 ...... .........__.._..1421, 1432 Hardwicke, Town of; new charter, SB 614 _______________________________________________._____._____762 Harris County; conveyance of certain State-owned
property, SR 374 ___.__..._......_..... ..._.........1308, 1444, 1534, 1742, 1752, 2704, 3061 Harrison, Glynn; commend, SR 286 ____..__. ._.....__..._.._.___.._._._____________________________________.264 Hatcher, Honorable Richard; Mayor of Gary, Indiana, address .....-...-..-.-.-__..--..-..41 Hazlehurst; change date of city election, HB 1829 __.._.1161, 1170, 1443, 1539, 1734 Health Boards, Counties; contracts and fees for
services, SB 562 ......... ................. 500, 596, 644, 693, 737, 740, 3023, 3026, 3059 Health Care Plan Act; adopt, HB 1750 ....... 1230, 1238, 1441, 1537, 1743, 1763, 1936 Health Care Services and Plans; regulation, HB 757 .__..._...........................759, 763 Health Club Memberships; right of cancellation,
SB 405 __...._.___.._.._._._._.._...._..._.__.____._______.._..................................._....234, 254, 275, 277 Health, Education and Welfare Department; urged to
allow for alternatives in nursing home care, SR 380 ._.._.____......_.____._........__..._._.___._..__................_...... 1355, 2096, 2100, 2285, 2287
Health Education Study Committee; create, SR 415 _..__...___._____.._.__.2090, 2244, 2344
Health Facilities; committee to study certificate of need, SR 299 __.._._.____.............._..........._..__...__.___.___._._.___.473, 596, 645, 693, 737, 777

3110

INDEX

Health Insurance; coverage for handicapped persons, SB 651 __.........-.._.___._.......-_.-.___-..-___._..........._..........1032, 1441, 1533, 1742, 1748

Health Insurance Plan, Teachers; urge early funding,

SR 256 ------.-.---.

.46, 504, 546, 600, 648, 661

Health Insurance; reimbursement for services, SB 628 ,,...._.._..._-.-.-.-.......-......-.-.-.-.-.-.-.-...-...... 893, 1441, 1533, 1877, 2076, 2087

Health Laws Study Committee; create, SR 349 .... .....896, 1034, 1136, 1190, 1219 Health, Public; clarify definitions relating to hospital authorities,
HB 1753 ..-.-__.__........-__....-____._......._...-...._............._...-__.............1303, 1315, 2096, 2100

Heard County; homestead exemption, SR 83 ........_..----..No Senate action in 1976

Heard County Probate Court Judge; compensation, HB 1287 ....86, 90, 252, 273, 312

Heard County Probate Court Judge; compensation,

HB 1646 ___.______._._.__.._____._-_-_-...___..-_-_-_.___.__---..___.__._-_...804, 812, 1133, 1182, 1252

Heard County Sheriff; compensation, HB 1290 ........................87, 91, 252, 274, 313

Heard County Sheriff; compensation, HB 1645 ................ 804, 812, 1133, 1182, 1252

Heard County Superior Court Clerk; compensation,

HB 1289 ._....._..,,...-.-.

.... - ... .87, 90, 252, 274, 312

Heard County Superior Court Clerk; compensation, HB 1647 .........._.___...........-._.___._._.-.-..___._-_..................805, 812, 1133, 1182, 1253

Heard County Tax Commissioner; compensation,

HB 1288 ------ ... ..

87, 90, 252, 273, 312

Heard County Tax Commissioner; compensation,

HB 1644 _._.____.___-__-.__.___.._-_-_-.._.-_-_-_-._...-_.__-....--_-.804, 812, 1133, 1181, 1252

Hearsay Evidence; certified statement on Medicaid diagnosis admissible, HB 1332 ________.__..._.__________..__________.______________...__..._._________....___.________963, 966
Heath, Gordon L.; commend, SR 435 .-....._...--.-._....-......----......................._..-2086 Henderson, Dr. Vivian W.; regrets at passing, SR 355 .---- ........__.--.975 Henry County Board of Commissioners; recall of members,
HB 1854 --.--.-----.---.-.-------.--..-.-.-..--...-..-.....-.--................ 1163, 1172

Henry County Board of Commissioners; stagger terms of office, HB 1858 ------.__-.------.-..-......._-.................1163, 1173, 1443, 1540, 1736

Henry County Board of Elections; provide, HB 1859 ---..--------.------.-.-..---...-.-.---....-...-1163, 1173, 1443, 1540, 1736
Henry County; encourage economic development by exemption ad valorem tax, HR 718 ------------------------1166, 1176, 1443, 1543, 1778
Henry County Small Claims Court; create, HB 1857 -------------1163, 1172, 1443, 1540, 1735, 1785, 1787, 1908, 2419
Henry County; vest law enforcement powers in Sheriff, HR 719 -----------------------------------1426, 1438, 2243, 2255, 2487

Herty, Dr. Charles H.; recognizing efforts, SR 473

. . 2942

High School Student Voter Registration; relative to,

SR 51 ---------------------------------------

No action in 1976

Higher Education Assistance Corporation; premium for

insurance on loans guaranteed, HB 1783 .----.1228, 1238, 1358, 1448, 1545, 1696

Highway 365; designate as Lanier Land Parkway,

HR 307 ------------------------------------

.............68, 70, 271, 309, 479, 486

Highways 41 and 341, U. S.; designate as Peach Blossom

Trail, SR 272 ._.----------------------

230, 271, 309, 479, 482

Hill, Melvin B.; commend, SR 459 -----------------------------------..--2691

Hilley, Floyd M.; compensate, HR 496 --------...._.... 1304, 1317, 1529, 1726, 1925 Historic Preservation Enabling Act; enact, HB 1725 .................... 1711, 1716

Historical Society Property; exempt ad valorem tax, SR 362 .----------------------------------------1123, 1358, 1446, 1545, 1679
Hoboken, City of; new charter, HB 1573 .................. 1161, 1169, 1718, 1812, 1835

Hogan, Mr. James C.; name Central State Hospital building in his honor, SR 316 ---------------------- 592, 819, 905, 976, 1018, 3056, 3061

INDEX

3111

Hogansville, City of; new charter, HB 1364 .................__.... 265, 269, 595, 646, 688

Holiday, Legal; observe January 15, birthday of Martin Luther

King, Jr., SB 469

_.--.- -.-.-._._..,, .69

Holley, Honorable R. Eugene; bestowing permanent title of Senator,

SR 463

.

... ._. 2691

Home Rule Law, Municipal; repeal, HB 1228

..

49, 53, 771, 840, 868

Homerville; municipal general elections, HB 2077 .... 1792, 1802, 2095, 2104, 2265

Homestead Exemption; change amount, HB 1002 301, 304, 901, 970, 1051, 1107

Homestead Exemption; increase for certain disabled veterans, SR 34 .. _.___.--.--_.__-. ..___-.... ___..--.... ......... ._._.....__... No action in 1976

Homestead Exemption; increase for certain disabled veterans, SR 283 ___.._...................................._._....._.-..268, 503, 546, 600, 648, 662
Homestead Exemption; provide for 62 year olds, certain income, SR 311 ....... .............. ....._ ____._.591
Homesteading Act; enact, HB 905 _........ ... ......._........._......._.__........_._....._. 1515, 1524

Homicide by vehicle in First Degree; redefine,

HB 593 ___..________.__________________-..___...______._...__._______.... 1178, 1244, 1325, 1376, 1392

Hopper, Bobby; commend, SR 480 ______..__________.____..________._.._.____.________._..___.________._.____3009

Hospital Authorities; clarify definitions, HB 1753 ........_._.... 1303, 1315, 2096, 2100

Hospitalization of Mentally 111; provide for hearings,

SB 345

_.__..._...__.635, 756, 760, 802

Housing; allow certain loans and grants from Federal funds, HB 1464 ____________________________________________________________ 1229, 1237, 1441, 1535, 1743, 1764

Housing Authority Law; authorization on housing project, HB 836 .__........__._.._...._._.__._._......__.._....______........_._..........__.___.....___._.....____._...._.1424, 1435

Housing Function; transferred from Human Resources Board to Planning and Community Affairs Bureau, HB 1542 .._.....__..._.._._._........__..__......_.._._......___.... 1513, 1525, 2095, 2099, 2286, 2321

Housing Office, State; create within Bureau of Community Affairs, HB 1467 ___.._......____.........__......_...... .. 1229, 1237, 2095, 2105, 2285, 2316

Houston County Board of Commissioners; filling vacancies, HB 2068 ._...._.._...__._._.._..........__..._..._..__..........___... .---- 1791, 1801, 2095, 2103, 2264
Houston County Governing Authority; establish branch offices, HR 592 ..__._..........._..._........_.._......___......._._.___......._._ 681, 686, 902, 972, 1046
Houston County; justices of the peace, increase dollar amount of cases within jurisdiction, HR 550 ...... ..._......__...._._...._.___.536, 542, 732, 776, 832
Hudgins, Senator Floyd; commend, SR 304 ____________________________________________________________485

Hudson, Honorable Perry J.; commend, SR 470 ______ ___._________....__________.._______._.__..2880

Hudson, Miss Jan.; commend, SR 465 .....__._....__.__.... ...__..__.....______......-__.___......_.___.2941

Hudson, Miss Jan; nurse of the day _.___..._____.__...______--..______________________._,,_11

Human Resources Board; change to Advisory Board, SB 423 _,,_._.________,,--_____29

Human Resources Board; housing function transferred to

Planning and Community Affairs Bureau,

HB 1542 _...._...

1513, 1525, 2095, 2099, 2286, 2321

Human Resources Department; adopt rules for standards of

skill of nursing care personnel, SB 668 __-__. _.__,,_. 1232, 1531, 1722, 1876, 1885

Human Resources Department Employees; compensation for

property losses, certain cases, SB 204 _.______.__________._____.No action in 1976

Human Resources Department; internal reorganization, HB 1602 ____ ._,,___._,,__.__,,____.__,,_.__ ________.759, 764, 1359, 1448, 1545, 1693, 2062

Human Resources Department; issue identification cards to recipients of any assistance payments, HB 1186 __.__. 891, 899, 1531, 1724, 1876, 2049, 2209, 2218, 2369, 2403, 2940,

2951, 2962, 3028

Human Resources Department; legal proceedings to establish paternity, certain cases, SB 545 ___________________ 471, 596, 643, 693, 717, 3051, 3061

3112

INDEX

Human Resources Department; prohibit public assistance to

persons transferring property to retain eligibility, SB 531 _______._____..._____. 267

Human Resources Department; sheltered workshops accrue surplus

funds, SB 128 ,, .

No action in 1976

Human Resources Department; transfer real property to

Corrections, Offender Rehabilitation Department,

SR 346 _____________________________________________________________ 896, 1033, 1136, 1190, 1218

Hunger, Public Programs to Combat; provide, SR 269 ..............................._..2SO

I

Immoral Purposes; illegal to entice person into

establishment, SB 678

.

1306, 1532, 1722, 1876, 1893, 1934

Incarceration of Offenders; provide for alternative

programs, SB 264 __..__..._..._.._.._.__.._._____....______.._...__........ No Senate action in 1976

Income Tax; actual number of exemptions must be

claimed, SB 422 ___________________________________________ 29, 72, 542, 598, 648, 657, 737, 738

Income Tax; amend provisions relating to secrecy of

information, HB 783 ____....._______..________...._____..________.__..___________ 307, 475, 509, 528

Income Tax; armed forces members, repeal Act providing

for abatement upon death, HB 1238 ____________________ __226, 232, 765, 823, 909, 940

Income Tax; definition of "exempt organization",

HB 533 ....________....__________......._______....__________..._807, 814, 1534, 1743, 2285, 2379, 2700

Income Tax; explanation of personal exemptions,

HB 490 ...............

49, 52, 817, 906, 976, 1005

Income Tax Laws; amend certain sections,

HB 782 _.._____........._______.._......._.___ 241, 257, 275, 276, 967, 1051, 1137, 1138, 1353,

1380, 1504, 1506, 1665, 2191, 2421

Income Tax, Local Option; change referendum election

provisions, SB 567 ............................................5S7, 764, 820, 909, 926, 962, 1021

Income Tax; meanings conform to U.S. Internal

Revenue Code, HB 1562 ...._...._..._........_ _____.___.___._.__759, 764, 818, 907, 976, 1010

Income Tax, Time Extension for Filing; Korean

veterans, repeal, HB 1239 ................. - .................... 226, 232, 765, 823, 909, 941

Incorporation of Cities; exempt certain cities from

distance requirements, SB 653 ____...__________-.-..._..___---------.----__------..-----1032

Indians, Cherokee and Creek; pay tribute to, HR 530 ----....... ......----...... . 227, 237

Indictment; circumstances for charging two or more

offenses, HB 1320 ........------.....--_._..............----........ .,,..----_.....................497, 501

Indictments; two or more offenses same indictments, HB 955 ______ ________ 1359

Industrial Loan Act; amend relating to credit

insurance rates, SB 547 ________________________.._..__471, 542, 598, 649, 673, 1204, 3059

Industrial Loan Act; amend relating to penalties for

violations, SB 277 .__.............

....

... .,,....----. No action in 1976

Industrial Loan Act, Georgia; penalties for violations,

SB 470 ............_.-- _..

.69, 251, 272, 316, 464

Industry and Trade Department; name change from

Community Development Department, SR 307 .----... 538, 687, 735, 777, 797,

2704, 3061

Injured Persons in Hospitals; prohibit obtaining settlements, releases, SB 53 ...._----...................

533, 1296

Inspection Stickers, Motor Vehicle; replacement of

windshield, HB 1529 ____..._____________._,,._______________________.....635, 641, 687, 736, 777, 800

Installment and Home Solicitation Sales Act; change

certain definitions, SB 408 _______ ...------14, 15, 234, 257, 258, 2701, 2899, 3059

INDEX

3113

Installment Loan Repayment; weekly installments,

SB 436 ----.__.,,____._....,,__... Installment Payments; provide for on tangible

43, 503, 544, 599, 615

property tax, HB 1787 .._.___.._._.._._...............__......_._._._.___.__..1513, 1526, 2093, 2098

Insurance Agents' Certificate of Authority; provide,

HB 1660

,,._.......-

892, 900, 1132, 1187, 1273, 1288

Insurance; apportionment of casualty insurance,

HB 1103 ......._._.._...._.._._......................._.___.__..___.1793, 1803, 2093, 2098, 2285, 2291

Insurance; change provisions for casualty, surety,

vehicle, and other types, provide exceptions,

HB 1657 ___-.........,..................._._._.__.___.___.....963, 967, 1132, 1186, 1273, 1286, 1352

Insurance; collection and disposition of fees, taxes and funds, HB 1671 .........__..__--......__...__....... 1120, 1130, 1358, 1448, 1545, 1695

Insurance Commission, Annual Reports of; public

inspection, HB 1685

__._._.._.. 1303, 1315, 1441, 1537, 1743, 2161, 2216

Insurance Commissioner; relating to authority of

enforcement, HB 1659 .._____......._.__..._.._._...__._.._._..__.722, 729, 901, 970, 1052, 1112

Insurance Companies; acknowledgment of receipt of

claims required, SB 329 ,,.-_,,_ --

------

No action in 1976

Insurance Companies Doing Business with State; repeal requirement that agents' names be furnished, HB 1234 ._...__.____..-....-_..._.______._._.__..._-___.226, 231, 765, 822, 909, 936
Insurance; farm credit system employees prohibited from selling, HB 773 ,,....._...._.__........635, 640
Insurance, Health; coverage for physically handicapped persons, certain cases, SB 651 .._._____..______.___________. 1032, 1441, 1533, 1742, 1748

Insurance, Health for State Employees; increase maximum

participation, HB 1370 .

..._......__ 282, 298, 542, 598, 649, 676

Insurance, Health; relating to reimbursement for

services, SB 628 ....

.

893, 1441, 1533, 1877, 2076, 2087

Insurance; information relating to fees and taxes

confidential, HB 1672 _________ ..__..._.___............ 1120, 1130, 1718, 1810, 2286, 2387

Insurance, Life; relating to certificate reserves of fraternal

benefit societies, HB 986 _._._......

... 469, 474, 1358, 1446, 1545, 1682

Insurance, Motor Vehicle Accident Reparations Act; certain

provisions included in liability policies, HB 1765 ._..._...__ 1513, 1525, 1807, 1829,

2286, 2350

Insurance, Motor Vehicle Accident Reparations Act; minimum coverage required, HB 1661 .__._.__..__.............. -1230, 1238, 1718, 1810, 2738, 2874

Insurance, Motor Vehicle Accident Reparations Act; notification in cases of operating without insurance, HB 1337 .............._.._................ ................. 497, 501, 1177, 1246, 1326, 1450, 1478

Insurance, Motor Vehicle Accident Reparations Act; redefine owner relating to taxicabs, HB 707 ,,_._______._____._._______..._______________.,,___.__,,--....__--.92

Insurance, Motor Vehicle Accident Reparations Act; subrogation, HB 1670 _______________.____________.__._...__.1301, 1314, 2093, 2098, 2738, 2875

Insurance; new Code section relating to health care services, HB 757 _._..........._..__..___...__...__..__..._.___..__.._...__.__..._..._..._...................-759, 763

Insurance, No-Fault Auto; provide for written reports relating to medical conditions and treatments, SB 581 -_--_-_-__-_-_-.__.___.____.____________________________________._._______________.590, 767, 820, 909, 927

Insurance Premium Finance Company Act; insurer responsible for unearned premiums due under contract, HB 1886 ___..._.___.1426, 1437, 2242,

2250, 2460, 2681,. 3052

3114

INDEX

Insurance Premium Finance Company; additional

qualifications for license, HB 1658 .__.....__..___.___ 723, 729, 901, 970, 1052, 1111

Insurance Premiums; salary deductions from State

employees, HB 1362 ..........

1302, 1313, 1441, 1535, 1743,

2160. 2184

Insurance; provide for comprehensive health care

plans, HB 1750---..---------.1230, 1238, 1441, 1537, 1743, 1763, 1936

Insurance Rates, Credit; certain minimum

standards, SB 547 ------_------.------.--------__471, 542, 598, 649, 673, 1204, 3059

Insurance, State Health;, Personnel Board execute

contracts, SB 478 .....---------------- ... 89, 503, 544, 599, 626, 2963, 3007, 3060

Insurance; treatment for alcoholism required in group health

and nonprofit hospital service contracts, SB 407 ------------.No action in 1976

Insurance, Uninsured Motor Vehicle Coverage; bankruptcy

not bar claim, HB 2100 ----------------. 2238, 2240, 2427, 2431, 2737, 2786, 3058

Insurers; change provisions relating to rehabilitation

and liquidation, HB 1662 ...... ...........892, 900, 1132, 1187, 1273, 1289

Interest; increase rate charged on installment loans, SB 126 .._......._........ 1424, 3059

Interest Rate on Installment Loans; provide for weekly

repayment, SB 436 ---...-___.....---------__.----------------..43, 503, 544, 599, 615

Interest Rates; borrowing of $25,000 or more,

SB 463 -----....._------------._------.51, 251, 272, 316, 456, 468, 483, 542, 599,

621, 2902, 2943, 2949, 2963, 3031

Interior Department, U.S.; procedures for nomination of

property to be in National Register, SB 574 ----------__------..--------.------.589

Intern Program; appreciation to members, SR 352 __------------_------.._...._........ 975

International Banking Corporation; encourage making

loans, HB 1316 _.--------------------------_----_.------... 497, 501, 765, 823, 909, 945

Interstate Compact on Juveniles; provide for interstate

rendition, HB 1566 ....._------------..----------._.-1164, 1174, 1720, 1809, 2161, 2190

Invention Development Services; regulation of

contracts, SB 602 .......... .... ......--------

...

.725

Invention Development Services; regulation of contracts, SB 634 ... -------- 895

Irwin County Board of Commissioners Chairman;

compensation, HB 1860 --_.------._------------ ... 1226, 1234, 1443, 1539, 1737

Irwin County; conditional conveyance of property by

United Daughters of Confederacy, HR 745 ---- ............ 1516, 1527, 1806, 1832,

2161. 2231

Irwin County; conveyance of certain State-owned

property, HR 744 ----.----..------.........----.....1428, 1439, 1719, 1816, 2161, 2230

Irwin County High School Football and Baseball Teams;

commend, SR 369 .----------

....

...

..--------..........1273

Jackson, City of; mayor not required to approve

all bills, HB 1914 __-------__------------__----------... 1299, 1311, 1529, 1728, 1822

Jackson County; conveyance of certain State-owned

property HR 672 ----....------------------------1231, 1239, 1359, 1448, 1545, 1699

Jackson, Mayor Maynard; address ----------....--------

..... ....41

Japan's Ambassador and Consul General; address ....----------.. ........--..----... 846

Jarvis, Pat; commend, SR 472 .....----.._.......--------.------------.-------------- 2942

Jefferson County, Bicentennial Celebration; relative to, SR 411 ............... .......1817

INDEX

3115

Jefferson County Small Claims Court; create, HB 1908 .__.......__ _____________________________________ 1298, 1310, 1529, 1728, 1820

Jefferson County; tax exemption relating to mineral processing establishments, HR 795 __.__...____ 1516, 1528, 1806, 1833, 2204, 2238

Jekyll Island; granting of franchises to utility companies, SB 627 .......... .___..._.___......._.... 893, 1359, 1445, 1544, 1675, 3050, 3060

Jekyll Island-State Park Authority; membership, SB 454 _____ 50, 503, 544, 599, 617 Jekyll Island-State Park Authority; redefine
"project", HB 1651 ............... __...... _____ 890, 899, 1179, 1247, 1326, 1451, 1492

Jenkins County, Bicentennial Celebration; relative to, SR 405 .._..............................................__.._........_..._......__.___.___.___.___..__.1817

Jenkins County Board of Commissioners; election of chairman, HB 1872 ....______________...___ _______1227, 1235, 1443, 1541, 1739
Jenkins County Chief Deputy and Deputy Sheriff; compensation, HB 1865 ........................................._..__.1226, 1234, 1443, 1540, 1738

Jenkins County Probate Court Judge; compensation, HB 1874 ___________________.........____________________...._.______________1227, 1235, 1443, 1542, 1740

Jenkins County Small Claims Court; create, HB 1454 ............... 534, 539, 1240, 1321,

1373, 1518 Jenkins County Superior Court Clerk; compensation,
HB 1873 ____________________________________________________________________ 1227, 1235, 1718, 1813, 1839

Jenkins County Tax Commissioner; compensation, HB 1875 _____________________________________._.___:_.1227, 1235, 1719, 1814, 1839

Johnson, Ed; commend, SR 451 _.__._.._ _

_

__

2455

Johnson, Randy; commend, SR 281

.-..................._.._.._. ................256, 302

Joint Session; Budget Message from Governor, HR 461 ...

_ .....13, 22, 60

Joint Session; honoring certain faculty of University System, HR 459 ._______....________________________________________.___.__.___________________.__._.___....12, 21, 32

Joint Session; relative to National Bicentennial, HR 458 __......_.....__..__.12, 13, 25 Joint Session; State of State Message from Governor, HR 460 ___________.___.12, 22, 32

Joint Workmen's Compensation Law Study Committee; create, SR 319 ____........_____________________________________.__.........._..... 639, 733, 770, 840, 864
Jones County Board of Commissioners; compensation,

SB 691 ______________.._...._-.--------------- -1354, 1442, 1542, 1731, 2222, 3059 Jones, George B.; commend, SR 300 __________________________________ ________________________________._____479

Jones, James Doyle, Jr.; regrets at passing, SR 425 ............__.___._______..______________ 2085 Jones, Liz Carmichael; honoring, SR 364 _____________________ _________________..._________.__.........1188 Judge, Probate Court; General Assembly establish
qualifications, SR 254 ________.._................_.___.._._........_._____________46, 234, 254, 275, 296

Judges, Probate Court; increased retirement benefits, SB 497 ___.._........_..__.___.._______.______.__...__ 246, 767, 820, 909, 917, 2370, 3060

Judges, Superior Court; exempt from prohibitions against

carrying weapons, SB 432 ......................

42, 733, 768, 839, 882

Judges, Superior Court, Retired; compensation provisions for certain service, SB 455 -.____................_... _.._.__.

___50

Judicial Administrative District; create, HB 1318 ___._______________________-_-..--...-._ 2316, 2342, 2427, 2429, 2739, 2788, 3053

Judicial Council; develop alternative programs for incarceration, SB 264 ._..__..___._._..___._.._._.....__....__._._._._ No Senate action in 1976

Judicial Nominating Commission; provide for, SR 21 ................No action in 1976

Judicial Proceedings; provide for deaf and blind interpreters, HB 1823 ._........................................._.....______ 2221, 2235, 2427, 2431

Judicial Sale; purchaser use cashiers' or certified check in lieu of cash, certain cases, HB 1384 ___________ ____. 586, 593, 765, 824, 909, 947

Junk Dealers; records on bronze cemetery items, SB 19 ..No senate action in 1976

3116

INDEX

Junk Yards and Outdoor Advertising; relative to

federal laws on, SR 172 ,,,,__,,-,,___..____.,,.._ No action in 1976

Juries, Grand; allow recording devices, allow stenographers,

additional counties, HB 798 ......_____......._.._...-....-..__..__._-......._........_.__......1165, 1173

Juries, Grand; provide for special investigative,

SB 599 .-_..__................._..._.._-........____.-........_..._............_.682, 1720, 1807, 1876, 1877

Juries, Special Grand; include additional counties,

HB 797 ..-_____..............721, 728, 1134, 1185, 1273, 1279, 1325, 1326, 1429, 1502,

1711

Jurors, Challenge for Favor; limit time for voir dire

examinations, SB 237 .._._--_____-__-_____________,,._______,,______---__..--_____No action in 1976

Jurors, Felony Cases; provide for alternates,

HB 1399 __.-.........._______.___..........._.___.___....._._-...-.722, 728, 1134, 1186, 1273, 1282

Jurors, Grand; provide for alternates, HB 270 ......................_............_..................._ 1720

Jury Duty; delete exemption for 65 year olds,

HB 1265 -...-_.__-.....-........-...-____----..-__-_-.-_.__..-.........-_.._.1167, 1175, 1720, 1808

Jury Lists; revise in counties selecting by electronic means,

HB 1515 _______.-____..__.___.__.__.._____.-_--____1230, 1237, 1720, 1809, 2460, 2688, 3052

Jury Selection; change number of strikes in felony cases,

HB 1340 ._,,,,....___.-,,,,.. --..-..

1793, 1802, 2097

Juvenile Allegedly Committing Criminal Act; interstate

rendition, HB 1566 ..-._._._-.-......__..__-.-......._..1164, 1174, 1720, 1809, 2161, 2190

Juvenile Court Code; change certain definitions,

HB 1563 ._.......__..__.__._............_._._.-........._.___.....2220, 2235, 2427, 2430, 2738, 2803

Juvenile Court Code; places of detention,

SB 624 ..__._....._..,,- .....

.... 811, 1532, 1721, 1876, 1881, 1888

Juvenile Escaped from Institution; conditions for sheriff's

custody, HB 1564 ____..................._._........._._._.__..1351, 1356, 2097, 2106, 2459, 2638

K

Kennedy, Honorable Joe; commend, SR 478 _._.,,.....__..--.._.....__...--..............---- 3009

Kennesaw; change corporate limits, SB 646 ....._. 1031, 1240, 1320, 1362, 2877, 2905,

3060

Kimball, Honorable Spencer W.; commend, SR 302 ____._______._..___.__.__________..._____._.____479

King, Martin Luther Jr.; birthday, January 15, declared legal

holiday, SB 469 _____._____.___________..__________..._.___.___._________.,.___.__.._______.--_.___._.__..____._-_.__....69

King, Martin Luther Jr.; honoring memory on birthday, SR 263 ____...._._.____________67

Kingsland, City of; provide for annual elections,

HB 1586

....._.._....--....,,--.,,-.-

634, 640, 1133, 1181, 1251

Kirk, Garnett McKinley; commend, SR 401 ............._..._...__.............-__-__-._______-__.-1742

Kirk, Mr. Garnett McKinley; commend, HR 886 __...__._._..__.___._____._.____________1796, 1875

Knife, Firearm; use in commission of misdemeanor unlawful,

SB 554 ....._,,,,......-.,,-,,.--- ..472, 596, 644, 693, 719

Korean Veterans; time extension for filing income tax,

repeal, HB 1239 ___.___.___________.__.________...___.._.__..___.______..._..226, 232, 765, 823, 909, 941

L
Labor Department; annual report as to legislation needed by Labor Commission, HB 1717 ______..__.._._.____._________.___..___._.._.._..1303, 1315, 2245, 2250
Labor Organization and Employers; service charge to employees, SB 276 ...................._...__............_.-._...............--........__..._..._.........-_-__....-.504, 509

INDEX

3117

Laborwit, Ed; commend, SR 466 --.__.._......._.._..__...._...._.._._.._...__. ....2941 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority;
create, HR 812 ................__................----..--------.....----1794, 1804, 2094, 2104, 2328 Lamar County Sheriff; compensation, HB 1690 ----.---- 805, 812, 1133, 1182, 1254 Land Sales Act of 1972; limitation of actions, HB 1503 ............680, 685, 1444, 1536,
1743, 1760 Landlord and Tenant; relating to dispossessory warrant, HB 1599 -----1302, 1314,
2245, 2257 Landlord and Tenants; tenant rights, HB 1042, --------..------1118, 1128, 2427, 2429 Landlords; account to tenants for security deposit
interest, SB 472 ___.__._______..70, 477, 506, 547, 551, 733, 777, 780, 2484, 2663, 3060 Landlords and tenants; changes practices and procedures,
SB 411 ...._....---- . 27, 477, 505, 547, 551, 1828, 2160, 2161 Landrieu, Honorable Moon; Mayor of New Orleans, address - .......^..................--Ai Landscape Architects; regulation and license, SB 350 ....---- 13, 14, 71, 93, 96, 238,
2368, 2388, 3060 Lanier Land Parkway; Highway 365 designated, HR 307 --68, 70, 271, 309, 479, 486 Laurens County Development Authority; no interest limitation on
bonds issued by, HB 2096 ----.._.----....__.....----..----.......2208, 2211, 2425, 2438, 2714 Laurens County Treasurer; compensation, HB 1179 .............. ...........252, 273, 310 Law Enforcement; county governing authority apportion duties
between police and sheriff, SR 365 _..--..-----------,,,,---------------..----.1168 Law Enforcement Officer Killed in Line of Duty; program of
indemnification, SR 46 --..... ------------_----------------.---- --No action in 1976 Law Enforcement Officers Bill of Rights Act; enact,
SB 389 ........ 2888, 2907, 2962, 2963, 2967, 3034, 3055, 3'060 Law Enforcement Officers; check for medical disability in arrests
for intoxication, SB 266 ........--......................._ No senate action in 1976 Law Enforcement Officers, Disabled or Killed; scholarship program
for children, redefine terms, HB 1763 ...--------.1120, 1130, 1444, 1537, 1743,1766 Law Enforcement Officers; immune from liability in certain civil
actions, HB 572 ................................----..............No action in 1976 Law Enforcement Powers; Revenue Department special agents,
HB 1727 ...-....-.--...------------------------.892, 900, 1179, 1248, 1326, 1451, 1492 Law Enforcement; provide for orderly transition in sheriffs;
elections, HB 1601 ---- ....--------------------1302, 1314, 1358, 1447, 1545, 1680 Law Enforcement Unit; redefine under peace officers' standards
Act, SB 573 .......------------------------------.588, 904, 968, 1051, 1086 Law Libraries, Local; change certain provisions, SB 568 ------..537, 731, 772, 824,
1304, 1334, 3059 Law Library Board of Trustees; Secretary-Treasurer,
HB 2034 ----....- .--------------.----..------.--1935, 2083, 2427, 2431, 2738, 2926
Law Practice; certain parties to dispossessory warrants file documents without attorney, HB 1344 .......... ....300, 305, 1242, 1320, 1451, 1478, 1712
Law Practice; licensing procedures, criminal law, SB 446 --...._------------45, 477
Laws Declared Unconstitutional; State pay court costs, SB 378 ....----.....--------23'4
Leases of Air Rights to Cities; nominal consideration, SB 555 ----------.472, 564
Legal Holiday; observe January 15, birthday of Martin Luther King, Jr., SB 469 ............................................. ....... 69
Legal Notices, Publication of; provide for proof, SB 39 ....No Senate action in 1976
Legislation Changing Anticipated Revenue level; time for introduction, HB 1571 ----.--------.._...--------.1423, 1436, 1717, 1809, 2161, 2192
Legislative Branch; committee to study Code Title 47, SR 274...----...250, 819, 905, 976, 1026

3118

INDEX

Legislative Oversight Act; review of proposed rules and regulations of executive agencies, SB 480 --------.--..--------227, 819, 904, 975, 991, 1004
Legislative Procedures Oversight Act; review proposed rules and regulations of executive agencies, SB 538 --------------___------__------303
Legislative Service Committee; investigate boards and agencies of Executive Branch, HB 1141 _________-..__.--------._------__-__----____...____.----1720, 1808
Legislative Service Committee; provide for organization, HB 754 ___.________,,..240, 302 LeGros, Ms. Clare Beth; commend, SR 416 .--__________------____...______________________1875 Lester, Senator Jimmy -- -- ._.----_,,..-------_.-.--.._____..-- _--__----,,_------.._------99 Lewis, Dr. John Ransom, Sr.; regrets at passing, SR 246 _----------------_.__------94 Lewis, Honorable Preston B.; commend, SR 446 ..--___.-_------..__------__..--------.2233 Lexington, City of; abolish mayor's court, SB 620 .------------ 811, 1132, 1181, 1250,
2221, 3059 Liberty Bell Replica on Capitol Grounds; relative to relocation,
HR 470 ....... ...---- ---..,,----....-... ........ 27, 31, 270, 454 Liberty County Industrial Authority; membership,
SR 381 -.__-_.-.-___..-.-----------------------1356, 1442, 1542, 1772, 2223, 3060 Liberty County Industrial Authority; membership, HR 806 ............1795, 1803, 2094,
2104, 2326 License, Barber's; change requirements, SB 21 ................No Senate action in 1976 License Plates, Consular Corps; issue free of charge,
HB 1402 ..---------.--_---.------- 497, 502, 597, 646, 693, 737, 752 License Tags, Automobile; repeal Act relating to tax affidavits
with application, HB 1550 ---_._--......_..------1425, 1436, 1721, 1809, 2160, 2189 Licensed Medical Practitioner; treat patient public hospital, written
refusal required, SB 182 ......_.............................-........___........_._..._..__.536, 584, 1707 Licensed Practical Nurses; expressing position of General
Assembly, HR 995 ........................................................... 2877, 2943 Lien Holders, Mortgaged Property; provide for payment at time
of sale, SB 401 ..._.........___...__....._____...................._______....._.__...._...._____...No action in 1976 Lieutenant Governor; abolish office, SR 241 ............................_......._._.........___.._..........30 Lieutenant Governor; elected jointly with Governor,
SR 248 .___---- --..------------------30, 95, 235, 257, 258, 275, 291, 316, 317 Life Sentence for Aircraft Hijacking; must serve 30 years before
parole, SR 205 ____.--....._.,_--._.----....----__.--_--__--------....------.No action in 1976 Life Sentence for Armed Robbery; must serve 30 years before
parole, SR 204 ....................................................................................No action in 1976 Life Sentence for Kidnapping; must serve 30 years before
parole, SR 203 --.....___.--........_...------...--._--.----.......----....No action in 1976
Life Sentence for Murder Conviction; must serve 30 years before parole, SR 201 ....................................................................................No action in 1976
Life Sentence for Rape; must serve 30 years before parole, SR 202 .._.._..._...........__.__...........__.___........__..._......__.__.........___.._......._. No action in 1976
Life Sentence for Sodomy; must serve 30 years before parole, SR 206 .............................................-..........--.........-...........No action in 1976
Life Sentence; must serve 30 years before parole, SR 200 --.........No action in 1976
Lightning Rods; repealing certain code chapters, HB 1230 ___......_..________225, 231, 764, 821, 909, 932
Liming Materials Act; regulate sale and distribution, HB 1330 ................................................759, 763, 1176, 1245, 1330, 1376, 1387, 1712
Lincoln County Tax Commissioner; compensation, HB 2031 ___.....______..............-.......-..----_.----..--1788, 1798, 2094, 2102, 2261
Lincoln County Treasurer; compensation, HB 1915 _______ 1299, 1311, 1530, 1728, 1822
Lithonia; amount of fines imposed by recorder's court, HB 1933 ....................................................................1300, 1312, 2094, 2101, 2259

INDEX

3119

Litter Control Law; discarded automobiles considered litter,

SB 397 .......---..-..-,,.-.--.-.-.-..--,,.-.._..... .No action in 1976

Litter on Highways throughout State; relative to, SR 447 .......................... 2345

Loan Sharking; prohibit excessive interest charge, SB 135 ....... No action in 1976

Loans, Installment; provide for weekly repayment,

SB 436 .............. .........-,,-,,.--_.. ....... 43, 503, 544, 599, 615

Loans, Interest Rates; change limitation on certain amounts,

SB 463 ..... ..... ..........51, 251, 272, 316, 456, 468, 483, 542, 599,

621, 2902, 2943, 2949, 2963, 3031

Loans to Medical Students; change repayment provisions,

HR 555 ............... -........--.-.---.,,,,-.- 964, 967, 1318, 1362, 1451, 1495

Lobbyist; disclosure of certain actions, SB 214 .---..-.....-....----------631, 657, 724

Lobbyists; registered ................._..----....---- ...._...-------- ..73, 511, 2497

Local Income Tax, Cities and Counties Levy; change referendum election

provisions, SB 567 .......--------..--------------537, 764, 820, 909, 926, 962, 1021

Locksmiths; regulations and certification, SB 312 ------.--------No action in 1976

Locust Grove, City of; new charter, HB 1853 ................1163, 1172, 1443, 1539, 1737

Loitering on School Premises; unlawful, HB 1271 ________________1302, 1313, 1444, 1534,

1743, 2160, 2177

Long County Board of Education; election, HB 1762 ----1420, 1431, 1718, 1813, 1837

Long County Probate Court Judge; compensation, HB 509 ------.No action in 1976

Long County Small Claims Court; create, SB 700 ..... .......__.___.1519, 1718, 1811, 1834,

2482, 3060

Long County Superior Court Clerk; compensation, HB 510 ............No action in 1976

Long County Tax Receiver and Collector; consolidate offices,

HB 508 ....------------.--------.----,,----...No action in 1976

Lookout Mountain Judicial Circuit; create office of assistant

District Attorney, HB 1819 ___.._..___..............__.............1509, 1520, 1805, 1829, 2107

Lottery; exempt bingo from provisions, HR 464 ___________________ 266, 269, 766, 824, 910,

975, 986, 1086, 1166, 1188, 2349, 2357, 2421

Lovejoy, City of; new charter, HB 2020 ----------------.1709, 1715, 2243, 2254, 2448

Lowndes County Board of Commissioners; change chairman

provisions, HB 1693 .--------------------------

805, 813, 1442, 1542, 1733

Lowndes County Coroner; compensation, HB 1669 ......----723, 727, 1442, 1541, 1733

Lowndes County; provide for elections board, SB 58 ..........--------No action in 1976

Lumpkin County Board of Education; election, HB 2033 ______..._______1788, 1798, 2094,

2102, 2262

Luthersville Mayor and Councilmen; terms of office, HB 1985---. 1511, 1523, 1805,

1831, 2112

Lyerly, Town of; exempt from certain limitations on right of

taxation, HB 1457 ..-...-...----------------.--------722, 726, 901, 973, 1041

Lyerly, Town of; reincorporate, HB 1904 ._..._..__.............. 1298, 1310, 1529, 1727, 1820

Lyons High Boys' Basketball Team; commend, SR 458 ----------------__.__..2691

Lyons High Football Team; commend, SR 457 .--..------------------.--------.2690

Lynch, Mr. and Mrs. S. M.; compensate,

HR 525 -----.------------------------1304, 1317, 1529, 1726, 1927, 2237, 2313

M
Machine Guns; sale and possession exempt from criminal sanctions if registered under National Firearms Act, SB 309 ..----......-.No action in 1976
Macon-Bibb County Georgia; create new political entity, HB 2017 --.---------...-------------------------2207, 2236, 2425, 2437, 2710
Macon-Bibb County Urban Development Authority; issue bonds, HR 810 -_...-.- ---...----------------------1795, 1803, 2243, 2256, 2492

3120

INDEX

Macon-Bibb County Urban Development Authority; power of eminent domain, HB 2035 __..._...-__-.___....______._...____...____1788, 1798, 2242, 2253, 2445

Macon, City of; amended charter, HB 2094 ........................2208, 2211, 2425, 2438, 2714 Macon County; conveyance of certain State-owned real
property, HR 807 _.......__..__...._._...._.._.........._......_.1794, 1803, 2097, 2107, 2286, 2378 Macon Judicial Circuit District Attorney's; create
offices, HB 1885 .._.._.......__._....__......._......__.....___.__.. __ 1421, 1432, 1719, 1814, 1839

Madison County Commissioners; compensation, HB 1496 ___._.__534, 539, 731, 774, 827 Madison County Tax Commissioner; compensation, HB 1286 ....86, 90, 252, 273', 311 Madison Mayor and Councilmen; change terms, HB 1267 _.......86, 90, 252, 273, 311 Maguire, Mrs. Bertha G.; commend, SR 335 .__..._.._.....................___-__..__.._.--.......776 Malpractice Claims, Medical Arbitration of; new Code chapter,
SB 465 -.--.--..--.- ..... ...............................52, 270, 308, 479, 508, 510 Malpractice, Medical; limitation of actions,
SB 464 ._.._............._..__.__........_.._..51, 270, 308, 479, 508, 529, 1429, 1469, 1674, 1911,

2052, 2369, 2624, 2701, 3059 Malt Beverage Brands, Shipment, Sale; records open to public,
HB 1389 _....._____..._...__...___...__.__..__._.._____.__.___.._.________.____.__..535, 541, 818, 907, 976, 1008 Malt Beverage; sale in various container size by certain common
carriers, HB 1394 .___.....__.....__..__.......__...___.........__....587, 593, 1132, 1186, 1273, 1280 Malt Beverages; limit on possession, transporting nontaxed,
HB 784 ._.___.____._.._________.._..____....____._____...___.____227, 233, 967, 1035, 1138, 1151, 1428 Mann, Tom; commend, SR 359 __...........__......._..__..............-......._..._.._....._...._.......1044, 1167 Marietta, City of; homestead exemption, change income
requirements, HR 541 ................... 536, 541, 732, 775, 834 Marietta, City of; retired employees, increased benefits,
HR 311 .._..-__.....-..__......_._.....-_......._.........._.......___.....__.._....._.................._..__....__1241, 1384 Marietta; extend corporate limits, HB 1177 ____________,,._______ ......... No action in 1976 Marijuana; conveyances used to transport subject to
condemnation, SB 305 ..........._.._...._...._._..._.......... .......No action in 1976 Marijuana Possession; change penalty for third conviction,
SB 346 _._....._..._........__..__._._._.......__...........,,._......,,..._........__.._......_...... No action in 1976

Marijuana Possession; tried in certain courts under certain circumstances, HB 1720 ___.________.______.__..__..______._1710, 1716, 2245, 2258, 2459, 2646
Marriage and Family Counseling; regulate, HB 1478 __..........1164, 1173, 2096, 2100,
2286, 2320 Marriage License; minimum age provisions,
HB 1773 .........._......._......_........_...........__.....__.1709, 1716, 2097, 2106, 2460, 2649, 2700
Married Woman; surety on bail bonds in criminal cases, HB 918 .........._......._....._........_.._..._...._................_.1424, 1435, 2097, 2105, 2459, 2469
MARTA Board of Directors; change membership, HB 1585 _........._.._..........__..........__...................._.....723, 729, 819, 907, 976, 1011, 1232

MARTA Board of Directors; election of secretary, HB 1584 .............._.....................................1301, 1314, 1445, 1536, 1743, 2161, 2215
MARTA; change semiannual reporting requirements, HB 1580 __................_................................._._.1119, 1130, 1441, 1536, 1743, 2161, 2212
MARTA; public meeting requirements, HB 1582 ....1165, 1174, 1360, 1447, 1545, 1692 MARTA; purpose for interest on certain investments,
HB 1581 _._..._._...___.._...._.___._....__.__..___.______-_.__.810, 816, 1441, 1536, 1743, 1877, 2073 MARTA; urge to purchase materials manufactured in State, HR 387 __..._..___.__..902 Martin Luther King, Jr.; honoring memory on birthday, SR 263 ...____.-_._._.__________..67
Materialmen's Lien Study Committee; create, SR 378 ........~-_-..--.1355, 2940, 2941

Maurer, Honorable Gwynne D.; commend, SR 434 ................................_.........-..._.2086

Mayo, Reverend James G., Sr.; commend, SR 321 ...................._...................._.._....___692

Mayors' Day, Eighteenth Georgia; tribute to officials,

SR 258

.......... .......................... . .......41

INDEX

3121

Maysville, Town of; contracts without voter approval, HB 1922 _._._______.__.____________...._.______.......____....___________________.1299, 1312, 1530, 1729, 1823
McDonough Mayor; term of office, HB 1856 ________________....1163, 1172, 1443, 1540, 1735 McDuffie County Board of Commissioners; compensation,
HB 1611 _______________________.____.._._...________....____________.___________..__....679, 684, 902, 971, 1038 McDuffie County; conveyance of certain State-owned
property, HR 677 ____,__....._____________......._______________.1166, 1175, 1359, 1449, 1545, 1701 McDuffie County Officials; cost of living increase,
HB 1610 ..._____...____-..._________._.____....________._________:__.._......____..____679, 683, 902, 971, 1038 McDuffie County Sheriff; housing allowance, HB 1916 ....................1299, 1311, 1530,
1729, 1822 McDuffie County Tax Commissioners' Deputy; compensation,
HB 1609 .........._.............._...._......_..........__...............__......_..._..679, 683, 902, 971, 1037 McGarrah, Mr. L. C.; compensate, HR 613 ...................2223, 2234, 2423, 2432, 2886 McGill, Mrs. Lillian; regrets at passing, SR 344 ............_...........................__._...._...___.839 McGill, Senator Sam .._._.__....____.._........_________......._____.__.________________.._._____...________-.-__._831, 907 McGill, Senator Sam; funeral of mother, representatives from Senate ___.____________908

Mclntosh County Board of Elections; provide, SB 685 ___.........____..______..__...._______________________________.1307, 1442, 1541, 1730, 2222, 3059
Mclntosh County Board of Elections; provide, HB 1869 1226, 1235, 1443, 1541, 1739 Mclntosh County; condemnation of property by
State, SR 268 _____________________________________________________ 230, 263, 767, 821, 909, 919
McKemie, Henry G.; bridge in Clay County named for, HR 484 ........__........_.._...__.....__.._....__..._..............................._.88, 92, 235, 254, 275, 286
McKemie, W. J., Jr.; commend, SR 443 ............................_....._..._._..._..............._...._..223'3 McSwain, Grover; compensate, HR 705 ............................1305, 1317, 1529, 1726, 1931
Meador, Thomas Dale; compensate, HR 664 ....................1305, 1317, 1529, 1726, 1930 Meansville, City of; new charter, SB 708 ____.._____.____1713, 1827, 1833, 2117, 3050, 3060
Medicaid Claim Processing Study Committee; create, SR 298 ...._......._................_..............___.___.._.._._.._.._....._._._._._.473, 733, 770, 840, 908, 911
Medicaid Funds, Nursing Homes Receiving; file cost statements, HB 1812 ............_........._............._..._._.........____._.._...._....__............1514, 1526, 2244, 2250
Medicaid; not grant to person making transfer of property to become eligible, SB 584 .........................................590

Medical College of Georgia Dean of Nursing; request Attorney General to investigate, SR 413 ............_._.................____________.__________________._____.._..__1827
Medical Consent Laws; prohibit recovery, SB 372 ______ ....................No action in 1976

Medical Injuries; limitations in damage cases against

physicians, SB 373 .. .

No action in 1976

Medical Injury Compensation Commission; create, SB 371 ............No action in 1976

Medical Malpractice; arbitration of claims, new Code chapter,

SB 465 ............

_52, 270, 308, 479, 508, 510

Medical Malpractice; limitations of actions,

SB 464 .. _____________________ .____....____51, 270, 308, 479, 508, 529, 1429, 1469, 1674,

1911, 2052, 2369, 2624, 2701, 3059

Medical Malpractice; notification to Board of Medical Examiners,

HB 1445 .._.________....________________,_______________..-.._..--_________-_..-._--.-_...--1119, 1129, 1359

Medical Malpractice; provide for pleadings in actions under Civil

Practice Act, HB 1446 _________________________________ ..1229, 1236, 2096, 2100, 2459, 2480

Medical Practice; include piercing of ears, SB 570 _______ . ...._._...........__ 537, 733

Medical Practitioner, Licensed; treat patient public hospital, written refusal required, SB 182 _____________________________ ................................536, 584, 1707

Medical Practitioners; clinical clerkships certain persons, HB 1560 ______________________________________________________ 1515, 1525, 2096, 2099, 2286, 2322

Medical Student Loans; increase and provide for repayment, HR555 .............__..___.__.._.__._......___.___.___.___......_.._-_-._____._964, 967, 1318, 1362, 1451, 1495

3122

INDEX

Medical Technicians, Emergency; provide for training and duties, SB 603 --..-.-.------..----.----.--...------------..------.....725, 1034, 1135, 1190, 1211

Meetings, Open to Public; prior notice of time and place required, SB 585 .----591

Meigs, City of; new charter, HB 1732 ------------.--------.1297, 1309, 1529, 1727, 1818

Menlo, Town of; corporate limits, jurisdiction of mayor and

council, HB 1593 _....-.-.-...--..------------------..------678, 683, 902, 970, 1036

Mental Health Services Act; provide single system of services,

SB 208 .--..---........-....--------_.._----------504, 543, 599, 600, 2993, 2997, 3060

Mental Retardation Study Committee; create, SR 314 ......------------592, 733, 2344

Mentally 111; appointment of guardian, HB 1846 ....2238, 2240, 2426, 2435, 2738, 2906

Mentally 111 Person Involuntarily Committed; provide for

hearing, SB 345 .------ ..-------------- ......-------------------- ...635, 756, 760, 802

Merit System; add certain definitions, SB 566 .----537, 687, 735, 777, 783, 2703, 3061

Merit System and Personnel Board; certain definitions,

SB 481 ---- ...-......-...--.-...---- .......----------_.---- -...228, 503, 544, 599, 627

Merit System; implement Certified Public Management Program,

HR 537 ....--------..--,,_.-------- ..-- ....---- ...724, 729, 1033, 1137, 1190, 1210

Merit System, State; establish employee fringe benefits function,

SB 525 .--..-...-._...------..--------------.266, 503, 545, 600, 630, 765, 839, 846

Meritt, Omer; commend, SR 482 ........._-..._..------ ..___,,--------...------.3009

Meriwether County; conveyance of State-owned real

property, HR 597 .....--.-..-...----------------...1121, 1130, 1242, 1320, 1451, 1498

Metro Atlanta Expressway System; single organizational unit to

control, HR 228 ..--

.

14, 16, 92, 97, 105, 1428 -

Metropolitan Atlanta Rapid Transit Authority; change membership

of board of directors, HB 1585 ------------------.723, 729, 819, 907, 976, 1011, 1232

Metropolitan Atlanta Rapid Transit Authority; change public meeting

requirements, HB 1582 _..--------------------:..... 1165, 1174, 1360, 1447, 1545, 1692

Metropolitan Atlanta Rapid Transit Authority; change semiannual reporting

requirements, HB 1580 -...----------..-1119, 1130, 1441, 1536, 1743, 2161, 2212

Metropolitan Atlanta Rapid Transit Authority; election of a

secretary and treasurer, HB 1584 ...___..._..1301, 1314, 1445, 1536, 1743, 2161, 2215

Metropolitan Atlanta Rapid Transit Authority; use of interest from

investments limited, HB 1581 ....................810, 816, 1441, 1536, 1743, 1877, 2073

Metropolitan Atlanta Rapid Transit; urged to purchase and contract for materials made in Georgia, HR 387 .--.--..--------.----------.....902
Metropolitan Water and Sewer Authority; create, SB 223 --.........No action in 1976 Military College, State Supported; tuition grants,
HB 1308 __.-..--..------...--------..-------- 1352, 1356, 2244, 2257, 2459, 2477 Military Duty; females not exempt, SB 680 .-.--..1307, 1532, 1723, 1876, 1894, 1935 Militia Districts; change requirements relating to male residents,
SB 674 ...._....--...-.........------_. ...----...1306, 1532, 1722, 1876, 1887, 1933

Milledgeville; election on recall of Mayor and Aldermen, SB 619 .---..--.....-......----._.-----.------------810, 1132, 1180, 1250, 1792, 3059
Milledgeville Mayor and Aldermen; powers SB 617 ----------.----------------810, 1132, 1180, 1249, 1910, 2055, 2209, 2215, 2239, 2302, 2315, 3059
Milledgeville Mayor; term of office, SB 618 ......810, 1132, 1180, 1249, 1793, 3059 Millen; change election date, SB 597 --------------,.......682, 902, 970, 1036, 1306, 3059 Miller County State Court Judge; compensation, HB 1603 .-678, 683, 902, 971, 1036 Miller, Lieutenant Governor Zell; address ---- _.---------------------------- .--........3042 Minor Children; change age provisions for liability of
parents, HB 1405 _..--..-------------....----------.722, 728, 1134, 1186, 1273, 1284

Minors; provide presumptions for exercise of due care, SB 448 -....-..----.--....----........--..._.-.......--....--------..45, 477, 505, 547, 551

Miscegenation; repeal provisions relating to, HB 731 --------------------14, 15, 2245

INDEX

3123

Misdemeanor Sentence of Six Months; serve during off-work hours, HB 1323 ------------.--------------.............301, 305, 596, 645, 693, 737, 755
Misdemeanors; change penalties, SB 261 ---- ....--.------ No action in 1976 Missing Person Assumed Dead; probate of will, HB 1282 ------..1295, 1308, 2245,

2257, 2459, 2475

Mitchell County State Court Judge and Solicitor;

compensation, HB 1862 ........----..----------....----1226, 1234, 1443, 1539, 1738

Mobile Homes; permit for location or relocation, change fine for

violations, HB 1968 ------.,,------------.....:_.......2061, 2082, 2248, 2251, 2460, 2656

Mobile Homes; procedure for taxing, SB 286 ________.._.___.___.___.._.._____.._2943, 2953, 3060

Mobile Homes; separate class of property for taxation,

SR 82 .......... ..............

...... 2877, 2896, 3061

Mobile Homes; special permits to transport 14-foot wide, SB 442 --44, 53, 93, 96, 98

Monroe, City of; change corporate powers, HB 2009 ........1708, 1714, 2094, 2101, 2260

Montgomery County; conveyance of State property to,

SR 40 .......-----------------._..--.......--.............. .No action in 1976

Moon, Eschol, Sr.; regrets at passing, SR 429 -.----.---.-------....--............--....2085

Morehouse College Administration, Staff; commend, SR 356 ____________________________975 Mortgaged Property; increase punishment for sale of motor
vehicle, HB 1214 ------------..----......._......----....807, 814, 1242, 1320, 1450, 1472 Moss, Trooper Gary; commend, SR 464 --....--------___----------------___.--............2691
Motor Contract Carriers; redefine certain terms, HB 1299 ....--...........469, 474, 505, 546, 600, 648, 666
Motor Fuel Tax Law; amend relating to certain fuel used for nonhighway purposes, SB 471 ........------ --.....- ..----...----------69, 542, 598, 649, 672
Motor Fuel Tax; relative to proposed federal increase, SR 121 .................................. ....... No action in 1976

Motor Fuel Tax; repeal subsection on certain watercraft, HB 1240 -...---------...........----------------226, 232, 765, 823, 909, 942
Motor Vehicle Accident Reparations Act; certain provisions included in liability policies, HB 1765 ___.........___.___.__..___.1513, 1525, 1807, 1829, 2286, 2350
Motor Vehicle Accident Reparations Act; minimum coverage required by insurers, HB 1661 --.--...--------------------1230, 1238, 1718, 1810, 2738, 2874
Motor Vehicle Accident Reparations Act; notification in cases of

operating without insurance, HB 1337 ----497, 501, 1177, 1246, 1326, 1450, 1478 Motor Vehicle Accident Reparations Act; redefine "owner", HB 707 ____________________92 Motor Vehicle Accident Reparations Act; subrogation,
HB 1670 ...-.-----------------------....---1301, 1314, 2093, 2098, 2738, 2875 Motor Vehicle Accident Reparations Act; written reports
relating to medical conditions and treatments, SB 581 ._.--..---------------......................-...-.----.._ 590, 767, 820, 909, 927 Motor Vehicle and Motorcycle; exclude certain motorized bicycles from licensing- provisions, SB 435 ........._...._.___.___.._...__ 43, 256, 597, 642, 692, 694 Motor Vehicle Certificate of Title Act; amend relating to cancellation provisions, SB 667 ----------------------1232, 1360, 1446, 1545, 1677 Motor Vehicle Certificate of Title Act; bonds, HB 1403 ....497, 502, 767, 824, 910, 946 Motor Vehicle Certificate of Title Act; exclude certain ten year old vehicles, SB 564 ------..-----.-.------.----------------...500, 597, 644, 693, 737, 741 Motor Vehicle Inspection; exempt certain trailers carrying machinery, HB 1789 .......--.----....--....----....--------------1514, 1526, 1721, 1810 Motor Vehicle Inspection Stickers; replacement of windshield, HB 1529 -------.-----------------...........----------.. 635, 641, 687, 736, 777, 800

Motor Vehicle Laws; enforcement power of Revenue Department special agents, HB 1727 .......-------.._.._----892, 900, 1179, 1248, 1326, 1451, 1492

Motor Vehicle License Tags; free to former prisoners of war in Southeast Asia, SB 173 ,,------------------------------. .............No action in 1976

3124

INDEX

Motor Vehicle License Tags; free to former prisoners or wives of

persons missing in action in Southeast Asia, SB 167 ............No action in 1976 Motor Vehicle Operator; mandatory suspension of driver's license,
certain offenses, HB 1622 ...... _._____...963, 966, 1180, 1247, 1326, 1451, 1490, 2485

Motor Vehicle Operator; provision for surrender of driver's license upon revocation, HB 1624 ................................2237, 2240, 2428, 2430, 2738, 2804

Motor Vehicle Operator; time periods for suspension of driver's license upon conviction, HB 1627 ........................1165, 1174, 1445, 1537, 1743, 1762
Motor Vehicle Operators; distinctive driver's license to persons under 18, SB 583------------.----590, 687, 735, 777, 795, 1710, 3059
Motor Vehicle Parts, Used; change certain definitions in registration Act, HB 1628 ......_......._.__.._...........1425, 1436, 1721, 1810, 2459, 2643
Motor Vehicle, Private; authorize revolving red light, HB 879 __.._....._.588, 592, 687 Motor Vehicle Registration; prohibit revealing names and addresses of
registrants, SB 413 _._..........._.-....._..........._..._._.....28, 271, 308, 479, 543, 599, 612 Motor Vehicle Safety Responsibility Act; enact, SB 582 ........590, 687, 735, 777, 794 Motor Vehicle Sales, Distribution; regulate under Franchise
Practices Act, SB 594 ............................638, 767, 820, 909, 975, 1051, 1056, 1089, 2370, 2677, 3060
Motor Vehicle, Used, Sale by Nonresidents; repeal Act, HB 1548 ._..______..__...__._____-......._._.-...._._.....______..____1228, 1238, 1360, 1447, 1545, 1691
Motor Vehicle, Wrongful Sale or Removal; increase punishment, HB 1214 _....._.._..__..___.._..___......._.___.....807, 814, 1242, 1320, 1450, 1472

Motor Vehicles; left turn allowed on red traffic light from one-way street onto one-way street, SB 539 ............... 304, 819, 905, 976, 1024
Motor Vehicles, Off-Road; regulate operation, SB 353 .____._.._...___.._._._._______.809, 1106 Motor Vehicles; reciprocal agreements with other states relating
to operation and driver's licenses, HB 1352 ........469, 474, 505, 546, 600, 648, 668 Motor Vehicles; redefine offense of homicide by a vehicle, HB 593 ......... 1178, 1244,

1325, 1376, 1392

Motor Vehicles; regulate automotive repair industry, SB 55 ________No action in 1976

Motor Vehicles; school bus not proceed until children have crossed

street, HB 1216 ....................................................1165, 1173, 1360, 1446, 1545, 1683

Motor Vehicles; special permit to transport 14-foot wide mobile

homes, SB 442 ......_...._. ..... ......... 44, 53, 93, 96, 98

Motor Vehicles Transporting Forest Products; change provisions,

HB 1731

..............._._._...... .1351, 1357, 1721, 1810, 2161, 2218

Motor Vehicles, Uninsured Coverage; bankruptcy not bar claim,

HB 2100 ___..__._______-......____.........._.--....-.--2238, 2240, 2427, 2431, 2737, 2786, 3058

Motor Vehicles With Flashing Lights; additional exemption for

physicians, SB 461 ...............................................51, 92, 95, 238, 243, 543, 599, 618

Moultrie-Colquitt County Development Authority; interest rate on

revenue bonds, SR 361 ........................................1123, 1241, 1321, 1381, 2223, 3060

Mountain Judicial Circuit Superior Court Judge; supplemental salary, HB 1723 ............_........._................................-.--1709, 1716, 2094, 2101, 2259

Mountain View, City of; change corporate limits, HB 2051 ........__......__..1789, 1799

Mountain View, City of; levy five mill tax by ordinance, HB 2053 ___.____._...._.______.___-.._..___..........._.-.....____-...__.-.1789, 1799, 2425, 2437, 2711

Mountain View, City of; referendum relating to repeal of Act incorporating, HB 2054 ........__.._._........._...............1790, 1800, 2243, 2255, 2453, 2699

Municipal Corporation; procedure for sale of property, HB 1229 ___.______..__._____.__...__...._....-.--...._.......587, 592, 1359, 1446, 1545, 1684, 1936

Municipal Home Rule Act; amend relating to charters of city-county consolidated governments, SB 666 ........1168, 1441, 1534, 1742, 1749, 3050, 3060

Municipal Home Rule Act; repeal, HB 1228 ............__.........._.......49, 53, 771, 840, 868

INDEX

3125

Municipal Orders, Summons; sheriffs authorized to serve, certain cases, HB 214 ........_....._... 252, 272, 317, 465
Municipal Primary and Election; same date as general primary and election, SB 587 ... ........_........_..__......_._._........ .. ____________ 637, 687, 735, 777, 796
Municipalities; additional methods for annexation of contiguous areas, SB 549 ___._______.______________.____.___._._._____..________.._.._.-_...._..___._________.._.-....._..__._____471
Muscogee County Airport Commission; appointment of members, HR 89 ................................................................................................No action in 1976
Muscogee County; book recording prisoners kept by jailer, HB 1434 ___.___.__..___._______._._..___-.______._..__-_.._.___.__..______..__..____._..-_.533, 538, 731, 774, 826
Muscogee County; conveyance of certain State-owned property, SR 320 ....______._....._...__.____-------....___.--682, 818, 905, 976, 1003, 1517, 3060
Muscogee County Coroner; compensation, HB 1462 ._...._.__. 534, 539, 731, 774, 827
Muscogee County; homestead exemption of certain property, HR 755 ... ......................................................................1711, 1717, 2243, 2256, 2489

N
National Budget; urging Congress to balance, SR 244 .....................______30, 270', 298 National Guard Retirement; benefits, SR 32 _...__................. ......No action in 1976 National Register, U. S. Interior Department;
procedures for nomination of property, SB 574 .... . _................................. .....589 Natural Resources Act; amend to provide grants to
counties in which there is State-owned land, certain cases, SB 635 ........... ................................ 895, 1131, 1185, 1273, 1274, 1325, 1545, 1704 Natural Resources Board; additional powers and duties relating to surface mining, HB 1536 ........................890, 899, 1179, 1247, 1326, 1451, 1485 Natural Resources Board; powers relating to oil and gas deep drilling, HB 1830 ..... _________._._..__.______..1514, 1526, 2246, 2250, 2738, 2901 Natural Resources Board; regulations issued come under Administrative Procedure Act, HB 1490 ....1230, 1237, 1532, 1724, 1876, 2057 Natural Resources Department Employees; disability retirement provisions, SB 500 __..._..........................247, 597, 643, 692, 703, 1514, 1746, 3059 Natural Resources Department; issue permits to kill deer damaging crops, HB 1341 .......... 1300, 1313, 1440, 1535, 1743, 2160', 2181 Natural Resources Department; provide for appointment of conservation rangers, HB 1491 .......... 807, 816, 1179, 1247, 1326, 1376, 1389 Natural Resources Department; wildlife rangers retain badge and weapon after leaving, certain conditions, HB 1848 ............................................... 1165, 1175, 1532, 1725, 2286, 2353, 2405 Natural Resources Planning; create Council to administer, SB 14 ._......--.----------..._._................ ..--.--.--....._._ No action in 1976 Negligence; provide presumptions as to exercise of due care by minors, SB 448 .....__.........._.............-...._.................. ...........A5, 477, 505, 547, 551 Newton County Board of Education; change number of members, HB 1740 ........................... ............ 891, 898, 2423, 2434, 2724, 3057 Newton County Board of Education; competitive bids on certain purchases, HB 1792 ..... ............. ...1117, 1126, 2423, 2434, 2728, 3057 Newton County; change commissioner districts, HB 2042 .................... ......................... ............... 1789, 1799, 2424, 2434, 2709 Newton County Commissioners; submit itemized statements of certain expenses, HB 926 .... ............ . .......724, 803, 859, 1105, 2628, 2701 Newton County Small Claims Court; create, HB 2010 ..................................... . .. ............... 1708, 1714, 2424, 2434, 2729, 3057

3126

INDEX

Niekro, Phillip Henry; commend, SR 289 _._-.._..-....._........_.._..._........__.....__.............275 Nonprofit Bingo; exclude from certain definitions under gambling laws,
SB 186 ,,.___._____._________..__..____...______..___.____.._________.,,____._____.....,,_._...__. No action in 1976 Nonprofit Contractor Contracting- with State Agencies;
certain report, SB 536 ........._...._...302, 503, 545, 600, 648, 650, 2704, 2782, 3060 Norman Park, City of; new charter, HB 1004 ___,,,,,,.,,__...... 252, 273', 314, 498 Northwest Georgia Regional Hospital; designating surgical
building, SR 357 ........._...._...__....._.._....._.1033, 1241, 1319, 1375, 1377, 3056, 3061 Norton, Ployd Lee; commend, SR 453 ...._......_._.........___........_..._...._...._......_.._____..2455 Notary Public; prohibit unauthorized person from
acting as, SB 601 ----- ,.- ,,_,,,,..- .... 724 Notifying Governor that General Assembly has
convened, HR 456 -,,--.. -.-.-.. - 12, 13 Notifying House that Senate has convened, SR 243 ---- -------- -- ______ 12 Notifying the Senate that the House has convened, HR 455 _--_______.__________..________-__12 Nunez Mayor and Aldermen; terms of office, HB 2028 ----.1788, 1797, 2094, 2102,
2261 Nurse Anesthetists; change professional and educational
standards, SB 356 .____--------_.__-_..--__-_----.____----.--__-..----...588, 1390, 3059 Nurse of the Day; Miss Jan Hudson, -------------------_-- ... -- _ -- -- 11 Nurses, Licensed Practical; express position of General
Assembly, HR 995 _._.._..-..-_-......___.......__-.....-.._.......__-.....__.__......__.....__..2877, 2943 Nurses, Practical; change name to professional, licensing and
citizenship provisions, SB 162 ___.___.___.___498, 582, 2314, 2406, 2966, 3017, 3057 Nursing Care Personnel; establish standards of skill,
SB 668 __------------------------_----------------.1232, 1531, 1722, 1876, 1885 Nursing Home Administrator; must be licensed,
HB 1939 _----_.,,.._..___--_.----.--__--__________...______2059, 2082, 2244, 2258, 2460, 2656 Nursing Home Administrator; must be licensed by Board of
Nursing Homes, SB 655 .__.........____....___.-..._...._.....___.1122, 1531, 1721, 1876, 1911 Nursing Homes Care; Health, Education and Welfare Department
urged to allow for alternatives, SR 380 ....._......___.1355, 2096, 2100, 2285, 2287 Nursing Homes Receiving Medicaid Funds; file cost statements,
HB 1812 ---- ----------.-- .-- 1514, 1526, 2244, 2250 Nutritional Examinations; provide for school students entering
the first grade, HB 718 ___.___._.__._..__..._..___.___.533, 540, 1531, 1723, 2285, 2383, 2485
o
Obscene Language; use of unlawful without regard to sex, SB 677 ___-.__.._,,----__.__..-----..._..._----___._------1306, 1532, 1722, 1876, 1892, 1934
Obscene Material Distribution; Code not apply to movie projectionist, SB 658 _----__-...-_-_.__.---__.-____.._--__----__------------..1122
Obscene Materials; certain displays must be 48 inches above floor, HB 1355 -_____.--._.__.._-_-.._.-----._.--------_----..._-___-....---2238, 2240, 2427, 2429
Obscene Materials, Distribution of; change provisions, SB 257 _________._._._.________477 Obscene Materials, Tax; additional exemptions,
HB 1245 --___.._.--..._..----._.----.._----.__._---------227, 233, 765, 823, 909, 944 Occupational Therapy; regulate and license practice,
HB 1266 - .,,--------_----,,_.1424, 1435, 2245, 2248, 2459, 2471 Oconee County Board of Commissioners Chairman; compensation,
HB 1808 .----------,,._.----___.----__.----_._..----._...---1118, 1127, 1241, 1324, 1367 Oconee County; conveyance of certain State-owned
property, HR 662 __----__.._-_----__----__----....1304, 1316, 1806, 1832, 2286, 2377 Oconee County Probate Court Judge; compensation,
HB 1809 -.._._____.-._._-_._...-.----------------.----------1118, 1127, 1241, 1324, 1368

INDEX

3127

Oconee County School Superintendent; appointed by

Board of Education, HB 2024 _._____________.___________.___.1789, 1797, 2243, 2254, 2448

Oconee County Sheriff; change automobile provisions,

HB 1806 ......_.._.--._.._...--...-_..___.___.........._........_..._.1117, 1127, 1241, 1323, 1367

Oconee County Superior Court Clerk; compensation,

HB 1807 _______..__-__-._-_-_-___-_--_--______-.. ........................im, 1127, 1241, 1323, 1367

Oconee County Tax Commissioner; compensation,

HB 1817 __.._._._...-....._...-._..._....-......__.___.__..___.___.___._._..._.1118, 1127, 1241, 1324, 1368

Oconee Judicial Circuit Superior Court; additional judge,

SB 590 ________...._...__.__...__-_-_-_-_-__--_-_-___.___.637, 904, 968, 1051, 1087, 3023, 3025, 3060

Odom, Edwin J.; compensate, HR 504 ___._______________.___..._.2223, 2234, 2423, 2432, 2884

Odum, Dr. Eugene P.; appreciation to, JR 4 ___.._..........._.......__._._.____._...._._._..__._____._.32

Odum, Henry, Jr.; regrets at passing, SR 395 ______________________..._____________.._______.____1544

Offenders; provide alternative to incarceration,

SB 264 ,,....,,..,,,,---,,---,,,,-

___.._...__.._............No Senate action in 1976

Office of Constitutional Review; create, SR 103 _____________________.___._.No action in 1976

Officers, Constitutional; provide for determination of

disability, SR 313 ......................._.._..591, 903, 969, 1051, 1094, 2382, 2407, 3060

Officials, Elected; encouraged to resign before seeking second

elected public office, SR 414 ._..._.._._..._.___.__.. ._...._..__._._.._..._...........................__.__._1875

Officials, Elected; procedure for recall, HR 568 ____________________________ _._._..._._._._.964, 967

Officials, Elected; provide for recall cities and counties,

HB 1528 ..,.-,,,,----.,,,,,,-,,..... ...586, 594, 1188

Off-Road Vehicles; regulation, SB 353 ................___._______________________.____.___.__.809, 1106

O'Hara, Dick; commend, SR 428 _______._______..___._......___._..._.____________________________________.___.2085

Oil and Gas Drilling Act; provide certain terms,

HB 1830 .._._........._..__.._..._.._._._._.._..-.....-.......... 1514, 1526, 2246, 2250, 2738, 2901

Open Meetings, Government Agencies; prior notice of time

and place required, SB 585 ______..__...__________________________________________.___,,__________,,_______. 591

Opticians; additional training, HB 1346 ._.._.......... 586, 593, 1034, 1136, 1190, 1209

Optometrists; freedom of choice by patients, SB 474 _______._._... _______________________________.89

Optometrists; prohibit discrimination against,

HB 88 ................._.-.......---.....-..._..__..._.._.._._._...__..._.,,.......469, 473, 903, 969, 1051

Optometry Board of Examiners; appoint hearing officer for

contested case, HB 1934 ........._..._..._..2059, 2082, 2233, 2244, 2319, 2456, 2457,

2463, 2698, 2738, 2912

Optometry Registration; increase penalty, failure to renew, SB 84 _________.__301, 887

Orphans' Homes, Nonprofit; exempt certain property sales

from sales tax, SB 242 ...._._......_..___._._.___.__..._..............No Senate action in 1976

Orthotists and Prosthetists Board, State; create,

SB 287 ............................._..._.._._..._._...._...................._._...._...._._._.._..2382, 2408, 3060

Osteopaths; repeal certain licensing provisions,

HB 1618 .._.._........_.._...._.........__.._...........1513, 1525, 2245, 2249, 2459, 2641, 2699

Outdoor Advertising Permit; change application provisions,

SB 661 ..

.................._..__.._..1167, 1360', 1445, 1545, 1676, 2702, 3060

Owens, Sheriff Harry W.; regrets at passing, SR 347 _._._._.._..........................._.-975

Paint to mark Timber; remain effective 12 months, SB 580 ......., . ............___________.___.590, 730, 769, 839, 860, 2418, 3060
Palmetto, City of; election of councilmen, HB 1861 .............................._..._._._._._._................. 1421, 1432, 1718, 1813, 1838
Paperwork reduction and Simplification Act; enact, SB 477 _--___.____ ....--.. ._...-- .,..89

3128

INDEX

Pardons and Paroles Board; additional members, SB 498 ....-...._.........._...._.......-_...._.........._-......_......_..............246, 503, 545, 599, 628
Pardons and Paroles Board; change provisions relating to personnel, SB 524 .................................__..................._._......_.__...._._._......... 266

Pardons and Paroles Board; divide into three member panels,

SB 337 .-___..-..._....--.......-...._.......-............_.763, 903, 969, 1051, 1098, 1114, 1154

Pardons and Paroles Board; filling of vacancies,

HR 196 ...___.-..__.__..__.1354, 1357, 2097, 2106, 2286, 2360, 2679, 2690, 2702, 2798,

3040, 3055

Pardons and Paroles Board; pay prisoner costs to county if warrant

issued by Board member, SB 224 ......_....._....._......__.._......_.......No action in 1976

Parental Support; adult children must assist in providing,

SB 561 _-...._.._.-..._.........-......._......___....-.__...._.....__......___......-....................._................499

Parents; competent witnesses in child abandonment cases,

HB 1348 _._......__......._......_...._......__.............__...._.....300, 305, 596, 646, 693, 737, 750

Parents; liability provisions for wanton act of minor

children, HB 1405 . _.__...,,..___.._........._......__,,._._____..___ 722, 728, 1134, 1186, 1273, 1284

Parents; limit tort liability provisions for willful acts of

children, SB 520 .._.__........_......_-._._..-......._.............._..___......._.............._......_...._...._...250

Parker, Honorable Chastine; regrets at passing, SR 280 __-_.__..__.___........... 256

Parks Owned by Confederate Soldiers; repeal certain tax

exemptions, HB 1236 .................._._ 226, 232, 765, 822, 909, 938

Parrish's Pond; rename George L. Smith, II State Park,

SR 325 ._.._.-.-_-...._.._-......._......_.-...._....___.726, 1179, 1243, 1325, 1339, 3056, 3061

Patient Admitted to State Institution; cost of care liability,

SB 203 ......................................_ 3029, 3044, 3060

Patterson, City of; change terms of certain aldermen,

HB 1905 _ . ....._......._..__.._____..._____...._.__._.._____._..__.1298, 1310, 1529, 1727, 1820

Paulding County; borrow money to enter contract for

improvement, HR 776 __._.-....-......_._...___....-..._...__.__..1427, 1439, 1719, 1816, 1921

Paulding County; referendum for airport with runway

over 5,000ft, HR 794 __...-.._....-.._-.....__......................_.._........_......._......_...1516, 1528

Pay Raise for State Employees; relative to,

SR 326 -_._..__._.....___..._______--...____..._.______..._____...___..________..________726, 903, 969, 1051, 1097

Peace Officer; add certain requirements to qualifications,

HB 1694 _____..____._._._.____._.._..__._._.._____..___.__...______...1425, 1436, 2096, 2100, 2738, 2895

Peace Officer; define crime of aggravated assault,

HB 1784

..............__......___....._._..... 1793, 1802, 2245, 2258, 2460, 2652

Peace Officer; redefine under retirement system,

SB 433 . . ........_..._____.. .

................43, 477, 505, 547, 548

Peace Officer Standards and Training Act;

redefine terms, HB 1526 _............._........... ........ 891, 899, 1134, 1186, 1273, 1285

Peace Officers' Annuity and Benefit Fund; disability benefits,

HB 293

....

..............1118, 1128, 1721, 1808, 2285, 2288

Peace Officers; change qualifications,

SB 696 ............................................1430, 1530, 1723, 1876, 1899, 2704, 2790, 3060

Peace Officers' Standards and Training Act; redefine certain

terms, SB 573 ....................... ....................... ..._.._....._._._.588, 904, 968, 1051, 1086

Peach Blossom Trail; designate portion of Highways 41 and 341, SR 272 ................................._........................_......_........_...... 230, 271, 309, 479, 482

Peach Blossom Trail; designate portion of Highways 41 and 341, HR 527 ._..............._...........-......-................._......760, 764, 968, 1035, 1138, 1153, 1428

Peach County; provisions for Grand Jury stenographer, HB 1382 _._.__.-....___--..._____--....___-....__.-.. ....... ...................._..265, 269, 595, 647, 688

Pecan Pie; designate State Pie, SR 129 .. .......................... ............No action in 1976

INDEX

3129

Pecans Falling on Highway Right-of-Way; property of owner,

HB 1291 ................_._......._......_......._......._...................-496, 501, 730, 771, 840, 869

Perjury, Falsification; new Code section,

HB 1276 ........----------_..._...........__.759, 763, 1720, 1809, 2459, 2474

Permit for Relocation of Mobile Homes; fine for violation,

HB 1968 -------------------------------------2061, 2082, 2248, 2251, 2460, 2656

Personal Injury Damage Cases; provide for certain evidence as

admissible, SB 605 ....----

.............._._..._.,,._...------

725

Personnel Administration Advisory Council; membership and

authority, SB 526 --------.....--------------.......266, 595, 643, 692, 713, 2703, 3060

Personnel Board and Merit System; add certain definitions,

SB 566 ..................---- ----------------537, 687, 735, 777, 783, 2703, 3061

Personnel Board and Merit System; certain definitions,

SB 481 .._......_.._......._..........._._................._._..._._.......

228, 503', 544, 599, 627

Personnel Board; implement Certified Public Management

Program, HR 537 -- -.....---------..------------724, 729, 1033, 1137, 1190, 1210

Personnel Board, State; execute contracts relating to employees'

health insurance, SB 478 ._...._._._.._.._._.... 89, 503, 544, 599, 626, 2963, 3007, 3060

Persons Senile, Alcoholic, Drug Addicted, Disabled; guardians,

SB 314

.... ..---------------------- No Senate action in 1976

Pest Control, Structural; additional definitions in Act,

HB 1392 ............._.._........_.._._.._........_.__..._..............._..._..634, 641, 730, 772, 840, 874

Pesticides; regulate use and application,

HB 1393 ..................... ......._..._..........._..................635, 641, 730, 772, 840, 874, 1121

Pesticides; regulation of sale, distribution, use,

HB 1391 _._.._..............._............. ............._...__..._.634, 640, 730, 771, 840, 872, 1121

Pettigrew, Cleveland W.; commend, SR 469 .........................................__.._...__..__._.2942

Pettit, Dr. Joseph M.; appreciation to, JR 2 ......... ........... .........._..._.._...._........._32

Pharmacy Board, State; set all regulatory fees,

HB 1494 .._........................... ...........................1302, 1313, 1531, 1724, 2459, 2686

Physician, Psychologist Employed by State; may work part-time

for other agency, SB 265 ............._..._......................_..._.............._......_.... 3050, 3060

Physicians Employed by State; outside work allowed,

SB 606 ...................................... ..._._._.___________.__..___.____________725, 903, 969, 1051, 1090

Physicians' Motor Vehicle; provisions for flashing red light,

SB 461 ................... ..........._.._..._....... ... .. ...51, 92, 95, 238, 243, 543, 599, 618

Physicians: See Doctors of the Day.

Pickens County; appointment of additional deputy sheriff,

HB 1777 ........................._..........._........_.._..._..._......_._.....1116, 1125, 1241, 1322, 1365

Pierce County; justices of the peace, increase dollar amount of

cases within jurisdiction, HR 620 .................._..... .._._._.808, 816, 1133, 1184, 1269

Piercing of Ears; constitutes practice of medicine, SB 570 ----------------537, 733

Pierpont-Corbett Box Company, Inc.; granting of easement,

HR 540 ........................................................._......_....499, 502, 734, 772, 840, 879, 893

Pine Tree; recognizing importance of, SR 473 ----------------------------------2942

Pineview Mayor and Council; terms of office, HB 1448 ----534, 539, 731, 774, 826

Pistol and Revolver; false oath in application to carry constitutes false swearing, SB 301 .............................. .... .................... ............. .....477

Pistol, License to Carry; license must be on person with pistol, SB 540 ................................................................................304, 596, 643, 692, 715

Pistols; change licensing requirements, SB 673 ....1233, 1358, 1446, 1544, 1665, 2967, 3009, 3060
Plains, City of; new charter, HB 2021 ................... --.-- 1908, 2083, 2243, 2254, 2448

Planning and Community Affairs Bureau; housing function transferred from Human Resources Board, HB 1542 ... 1513, 1525, 2095, 2099, 2286, 2321

3130

INDEX

Planning and Community Affairs Policy Board; change certain responsibilities, provide for reports, HB 1469 _....______..__________..________________._____._ 1513, 1524, 2096, 2099, 2286, 2319

Planning and Community Affairs Policy Board,

State; amend law relating to legislative intent,

SB 473

.....

88, 503, 544, 599

Planning and Development Commission, Metropolitan Area;

alternate procedure for removal of a county, HB 1423 .................. .....586, 593

Planning and Development Commissions, Grant Applications;

repeal Community Development authority to override denials,

HB 1466 _____________ __________ ...... 1119, 1129, 2096, 2101, 2285, 2311

Planning and Development Commissions; provide for

members, duties and activities, SB 347 _______ _____________________________ .1177

Planning and Zoning; cities and counties, powers,

HB 1324 _____....______......._______...._____....______._____...______..________..___ 300, 305, 771, 840, 870

Planning Commissions; civic associations may appeal zoning

decisions, SB 622 .........__.... ............... 811

Planning Commissions; civic associations may appeal zoning

decisions, SB 623 ... ..._..._..,,.... ....... _______....____811

Planning Programming Bureau; delete authority for planning

activities, HB 1465 ... _ . ________1229, 1237, 2095, 2105, 2285, 2310

Plaza Park; rename as Libery Bell Park, HR 470

....... 27, 31, 270, 454

Pleas and Arraignment; conditions for accepting guilty pleas,

HB 1212

.

.

2060, 2081, 2427, 2429

Podiatry; examination and qualifications of applicants,

HB 1281 _....______...._______....._______... ____..-______....______..807, 815, 1034, 1136, 1190, 1223

Police Officers; certain persons hired for private institutions

of higher learning, SB 490 ................... ____229

Police Uniform; prohibit wearing outside jurisdiction,

SB 551 .......

472, 596, 644, 693, 718

Police Uniforms, Vehicles; similarity by private security

agencies prohibited, SB 552 ................................................................... VJ2, 1134

Political Subdivisions, Revenue Anticipation Obligations;

General Assembly change purposes for which issued, SR 360 ...... ................1123

Political Subdivisions, Revenue Anticipation Obligations;

General Assembly change purposes for which issued, HR 618 ______ 1518, 1527

Polk, Honorable Steve; commend, SR 273 ................................................................2^\.

Polling Places; distance for campaigning and firearm requirements,

HB 613

........... No action in 1976

Polygraph Examiners Act; clarify certain provisions, SB 187 ___ No action in 1976

Pooler, Town of; new charter, HB 1700 _____________________ 806, 813, 1133, 1182, 1255

Pornography; change provisions relating to distributing obscene

materials, SB 257 .

________ 477

Pornography; movie projectionist exempt from provisions

of Code, SB 658

.....

_____________ 1122

Port Wentworth, City of; change corporate limits, HB 1810 ____________ .................................................\22G, 1234, 1443, 1538, 1734

Port Wentworth, City of; change corporate limits, HB 2069 ________________ _____________ ___________ 2207, 2210, 2425, 2437, 2711

Porterdale Mayor and Councilmen; filling of vacancies, HB 1793 _________________________ ______________--._____-...1117, 1126, 1241, 1323, 1366

Portman, John, Lynn Himmellman, Harry Mullikin and

others; commend, SR 420

......

..........2085

Ports Authority; adequate docking facilities for commercial fishing

vessels, SB 491 ..........

_______________ 229

INDEX

3131

Ports Authority Security Guards; provide arrest powers,

HB 1541 __________________________..._.__-__..._...__ ____________1425, 1436, 1721, 1809, 2738, 2801

Post 140 American Legion; commend, SR 432 .... ............................................2086

Postal Service, U. S.; relative to, SR 456 ___________________________________________ 2690

Postmaster General; urged to issue stamp commemorating gold

discovery in Georgia, SR 385 _._..._.._.......__._._..._._._.....__...__........... .....................1430

Powder Springs, City of; method for repeal of charter,

HB 1884 _______________________._._..__.__________.____.___._______.___.____1297, 1309, 2242, 2253, 2445

Powder Springs Homestead Exemption; provide for

65 year olds, HR 733 __..________..._..______._______________________.___.1231, 1240, 1443, 1543, 1783

Power Plant Siting Committee; create, SR 123 _______._____________._____________.____88, 256, 887

Preachers: See Chaplains.

Property, Disposition of Unclaimed Property Act;

include certain dividends, HB 1986 __........__. 2059, 2082, 2427, 2431, 2738, 2917

Property for Taxation; revise 1937 Act classifying,

HB 1572 _______................_____________________......_.._.. 1228, 1238, 1358, 1447, 1545, 1691

Property of Public Utilities; destruction of unlawful,

SB 557 _...._...._.__..._.._._..............._.....473, 596, 644, 693, 737, 739, 2963, 2965, 3059

Property, Real; allow General Assembly to classify for tax purposes,

SR 259 ...............................................

....

52, 234, 253, 275, 282

Property, Tangible Stored in Transit; exempt from ad valorem tax, SR 249 ......30

Property, Tangible Stored in Transit; exempt from ad valorem tax,

provide for local option, SR 260 ............52, 251, 272, 317, 465, 479, 508, 547, 577

Property, Tangible Stored in Transit; exempt from ad valorem tax,

provide for local option, HR 398 .......1428, 1438, 1718, 1811, 2161, 2286, 2371

Property Tax; additional requirements for fair market value,

SB 707 ............_...._..__............... .1713, 2093, 2097, 2285, 2292, 2993, 3015, 3060

Property Transfer; easement to Georgia Pacific in Chatham

County, HR 503 _._......._.................__.._........._._._._._.498, 502, 734, 772, 840, 876, 893

Property Transfer; Floyd County, SR 282 ______ 268, 543, 598, 649, 674, 2371, 3061

Property Transfer; from Human Resources Department to Corrections,

SR 346 ______________.___._______..__________________....______-...._..___ ____896, 1033, 1136, 1190, 1218

Property Transfer; Gordon County,

SR 285 _________________________________________________ 268, 597, 645, 693, 737, 745, 1517, 3059

Property Transfer, State; Bartow County,

HR 598 ................. _____________________________ 1166, 1175, 1359, 1448, 1545, 1698

Property Transfer, State; Burke County,

SR 322 .......................... . ............... ...... ......682, 734, 770, 840, 865, 2371, 3061

Property Transfer, State; by Board of Regents,

HR 809 ....... ______________________________________________ 1795, 1803, 2097, 2107, 2286, 2379

Property Transfer, State; Catoosa County,

HR 665 ................................................................... 1121, 1131, 1242, 1320, 1451, 1498

Property Transfer, State; Chatham County to Union Camp

Corporation, HR 567 __ _ ...................................... ....681, 686, 734, 772, 840, 881

Property Transfer, State; Decatur County,

HR 534 ________________________________ ..........

680, 685, 818, 907, 976, 1015

Property Transfer, State; Decatur County,

HR 666 ___________________________________________ ____1305, 1316, 1444, 1537, 1743, 2161, 2228

Property Transfer, State; Douglas County,

HR 495 _____________________________________ __________ 1517, 1527, 1806, 1832, 2286, 2376

Property Transfer, State; easement in Chatham County to Union

Camp Corporation, HR 751 ______________________ 1231, 1240, 1359, 1449, 1545, 1702

Property Transfer, State; easement to Pierpont-Corbett

Box Company in Chatham County, HR 540 ___ 499, 502, 734, 772, 840, 879, 893

Property Transfer, State; Elbert County,

SR 332 _________________

__________ .......762, 1035, 1135, 1190, 1207, 2370, 3061

3132

INDEX

Property Transfer, State; Emanuel County,

HR 669 _-..-----...-----------------.-- .----1427, 1438, 1806, 1832, 2161, 2229

Property Transfer, State; Franklin County, SR 329 ........726, 818, 906, 976, 1020,

1517, 3060

Property Transfer, State; Harris County, SR 374---- ......1308, 1444, 1534, 1742,

1752, 2704, 3061

Property Transfer, State; Irwin County,

HR 744 ----------------------..------------------1428, 1439, 1719, 1816, 2161, 2230

Property Transfer, State; Jackson County,

HR 672 ..--

-----------

1231, 1239, 1359, 1448, 1545, 1699

Property Transfer, State; lease in Bulloch

County, HR 746 ----.------------ ------ 1305, 1316, 1444, 1538, 1743, 2161, 2232

Property Transfer, State; lease of tract in Cobb

County, HR 583 .._.___......__..__......_..._......_.......,,. ........681, 686, 818, 907, 976, 1016

Property Transfer, State; Macon County,

HR 807 ..------------

.---..-1794, 1803, 2097, 2107, 2286, 2378

Property Transfer, State; McDuffie

County, HR 677 ............,,.._.._....._...._. _.____.....____1166, 1175, 1359, 1449, 1545, 1701

Property Transfer, State; Meriwether County,

HR 597 -----...-----.-----------.------------1121, 1130, 1242, 1320, 1451, 1498

Property Transfer, State; Muscogee County,

SR 320---------.---------------- -- -----.-682, 818, 905, 976, 1003, 1517, 3060

Property Transfer, State; Oconee

County, HR 662 ..-------- ...1304, 1316, 1806, 1832, 2286, 2377

Property Transfer, State; sale or lease to Chattanooga,

Tennessee, HR 663 ---------------------- .. .

--1427, 1438

Property Transfer, State; Towns County,

HR 742 --..-.-- ..-------- --1166, 1176, 1359, 1449, 1545, 1702

Property Transfer, State; Troup County,

HR 673 -..-,,...---_.---------------------..-- .------ 1166, 1175, 1359, 1449, 1545, 1700

Property Transfer, State; Wilkes County,

SR 324 --.-----------.-.------------.----.--726, 818, 906, 976, 1020, 1517, 3059

Property Transferred as Payment to State;

does not create trust, HB 922 ------------------------ 88, 91, 252, 272, 317, 466

Practical Nurses; change name to professional, licensing

and citizenship provisions, SB 162 --------498, 582, 2314, 2406, 2966, 3017, 3057

President Pro Tempore, Senate; provisions for

succession to President, SR 336 ------.........----------762, 968, 1035, 1138, 1149

Presidential Preference Primary Election; voter registration

deadlines, HB 1987 ------------------------------1303, 1316, 2426, 2431, 2739, 2939

Primary Election; held at same time as Presidential

Preference primary, SB 576 ......_._.....--------.....................589, 686, 735, 777, 793

Principal and Agent; relating to power of attorney

on death of principal, SB 133 ----------.----------- ------ No action in 1976

Principals, Teachers; relieving those indicted

criminally, SB 429 ----------------------------------

42, 269, 308, 479, 480

Prison Produced Goods and Services; provisions for

sale, SB 263

..... ...

No Senate action in 1976

Prisoners; prohibited from receiving weapons, liquors,

drugs without warden's consent, SB 579 ----589, 734, 769, 839, 859, 3051, 3060

Prisoners, State; Corrections Board, rules

and regulations, HB 1554 --------------1302, 1314, 1533, 1724, 1876, 2072, 2209

Prisoners; State reimburse counties for cost of

maintaining, HB 164 --------------------588, 592, 734, 770, 840, 866, 936, 938

Prisons and Work Camps; clerk of court notify Corrections

Director upon conviction of person, SB 256 ...... ......... .........No action in 1976

INDEX

3133

Prisons; provide for inspections, minimum sanitation

standards, SB 558 _____..____..---- .-.--..........._____.____....._------_ 499, 734, 769, 839, 886

Private Detective, Security Agencies; uniforms, vehicles

similar to existing police agencies prohibited, SB 552 ... ._..........._..472, 1134

Probate Court Judge; General Assembly establish

qualifications, SR 254

..................................46, 234, 254, 275, 296

Probate Court Judges; increased retirement

benefits, SB 497 __...._.__...__._._._........__................ 246, 767, 820, 909, 917, 2370, 3060

Probate Courts; authority to make changes or amendments

in vital records, HB 1561 _...__......___..........__.....1513, 1525, 2096, 2099, 2286, 2323

Probationers; pay $10 per month to defray supervising

expenses, SB 578

.

. . .... 589, 734, 769, 839, 856

Productivity Center, Georgia; designate Engineering

Experiment Station at Georgia Tech, SR 81 ........................_...._......_._............ 903

Professional Licensing and Tax; relating to real estate

brokers, SB 586 ._____..----.--..-------..---._.. 591, 731, 770, 839, 861, 1793, 3059

Professional Standards Commission to Advise Board

of Education; create, SB 569 ............................537, 1034, 1135, 1189, 1192, 2645,

2672, 2878, 2888, 2983, 3054, 3060

Properties Commission; authorize changes in physical and

natural features of properties, SB 95 ______--__.___-_______...._______.._--No action in 1976

Properties Commission, State; membership, powers and

duties, HR 226

... ..14, 15, 71, 93, 97, 99

Property Acquired for Public Roads; lease provisions under

Transportation Code, SB 65 ...... .........._.__----.--... -- No Senate action in 1976

Property Deeds to Secure Debt; limitations, HB 354 ....................No action in 1976

Property, Mortgaged; increase punishment for sale of motor

vehicle, HB 1214 ....................................................807, 814, 1242, 1320, 1450, 1472

Property Nominated for Inclusion in National Register of

U.S. Interior Department; procedures, SB 574 __.........._............... ......._......._..589

Property Returned; clarify credit provisions for sales

tax, HB 529 ..............._......._................_.__..._...._.................... 49, 52, 817, 906, 976, 1006

Property Sold for Tax; provide for redemption by

owner, SB 226 ................................___..._....................._...._......._.__. No action in 1976

Property, Tangible Personal Comprising Inventory; tax same as

other tangible personal property, SR 58 .--....................No Senate action in 1976

Property Tax Sales Ratio Study Committee;

create, SR 441 ....__......._.......__....-................................... ....... ........ 2240, 2940, 2941

Property, Title by Prescription; mineral rights,

additional method to obtain title, HB 127 ...................... .........No action in 1976

Property, Unclaimed; change time period for presumption

of abandonment, HB 542 ........... .._.._.. ...................... ... 270, 309, 479, 483, 536

Prosthetists and Orthotists; create State Board to

regulate, SB 287 ...... ......... ....... ............... 2382, 2408, 3060

Psychoeducational Center Network and Centers;

provide, SB 636

..___.,,..__..----...____._..........-................_.......___......_......._.._......964

Public Agencies; pay members for only one meeting

per day, SB 274 .............. ______......................................................................... 96, 532

Public Assistance; change provisions relating

to fraud, SB 532 ............... .._..___......_......... 267, 504, 545, 600, 648, 649, 2421, 3060

Public Assistance Laws; relative to changes,

SR 331 __..._...._..............._.........___......_......_.._... ...........---.-762, 1034, 1135, 1190, 1206

Public Assistance, Medicaid; prohibited to persons transferring

property to retain eligibility, SB 531 ..........._......_.........._......_................................ 267

Public Assistance, Medicaid; prohibited to persons who

transfer property to become eligible, SB 584 ........

..___----_______............. 590

3134

INDEX

Public Assistance Recipients; receive identification cards issued by Human Resources Department, HB 1186 .. .........891, 899, 1531, 1724, 1876, 2049, 2209, 2218, 2369, 2403, 2940, 2951, 2962, 3028
Public Bodies; prohibited from petition for relief from debts, SB 608 _................. .... 761, 1177, 1243, 1325, 1337, 3051, 3060
Public Contract for Construction; three bids, SB 207 ........... ...... .....No action in 1976
Public Employees; deduct insurance premiums from wages, HB 1362 ............................ ..........1302, 1313, 1441, 1535, 1743, 2160, 2184
Public Office, County or City; 18 year olds eligible to hold, HB 1333 _._____.__...__.__...._____._..___...____._____.1709, 1715, 2428, 2432, 2737, 2799
Public Officials; procedure for suspension of county officers felony appeal, HB 1334 ___._._..__..____._..______..__.___._._.587, 593, 771, 840, 871
Public Programs to Combat Hunger; provide, SR 102 __....,,._._......_. No action in 1976 Public Programs to Combat Hunger; provide, SR 269 .........._.._.........._._..........._.._..230 Public Safety and Welfare; mutual aid agreements among
fire departments, SB 475 ..._-................_........._.....89, 686, 734, 777, 801, 2703, 3060 Public Safety Commissioner; authority to revoke speed
detection devices in cities and counties, SB 421 ....._..,....__.....29, 92, 95, 238, 242 Public Safety Commissioner; hire persons as police officers for
private institutions of higher learning, SB 490 ................_-.......-....................229 Public Safety Department; appoint
chaplains, HB 1898 ......................._........_........_......_._.....1515, 1527, 1721, 1811, 2286" Public Safety Department; Georgia Fire Academy
created, SB 611 ._......._.._........_......_........_......____....._......___.761, 1033, 1135, 1190, 1212 Public Safety Department Officers; appointment, demotion
and suspension, HB 1456 .__._..____.__.._.___..._____._.____..587, 594, 1360, 1447, 1545, 1689 Public Safety Department; two marked vehicles per
patrol post, HB 1256 __...__.___.___.._..._____..____.__..__.____.____.__634, 640, 687, 736, 777, 800 Public Safety Department Uniform Division; eligibility
requirements, HB 1493 .__......._.__......._..._-._...889, 899, 1180, 1247, 1326, 1376, 1378 Public Safety Department; use of driver's license as bail only
in certain cases, HB 1339 _______..___.___.____._._.____.. ....497, 502, 597, 646, 693, 737, 749 Public School Employees Retirement; retire after 31
years, HB 272 _._......_........_.....__......__._...._..._........_.889, 898, 1319, 1361, 1450, 1466 Public Schools, Curriculum Study Committee;
create, HR 861 _...-_-_......_......_........._......__.._...__.2061, 2084, 2244, 2258, 2460, 2680 Public Schools; instruction on free enterprise system
required, SB 80 ._........__..._....._..,,.....,,_.._...... .No action in 1976 Public Service Commission; appeals and reviews go to
Supreme Court, SR 107 ._........_.......__..._._...._.._.....__....._......__......._..No action in 1976 Public Service Commission; approval required before company
may issue stocks, bonds payable within 12 months, SB 298 ..... No action in 1976
Public Service Commission; certain accounting procedures required of businesses regulated, SB 419 ... ...........____ 29
Public Service Commission; change terms of office, SR 37 ._...._.........._........_......_......___..........._.._........_....._....._.....No action in 1976
Public Service Commission; change terms of office of members, SR 73 _...._.............._............._.595, 645, 693, 737, 742, 758, 839, 908,
975, 979 Public Service Commission; extend time period for rate or
classification changes, SB 418 ._......_._......__.....__..._..........._...._..............._......._......._. 28
Public Service Commission; jurisdiction over community antenna television systems, SB 184 ._......_..............._.................. No action in 1976

INDEX

3135

Public Service Commission; jurisdiction, requirement for

type size in telephone books, SB 535 ...---------- .--------------...,,..--.....__------302

Public Service Commission Members; elected from commission

district for four years, SR 266 .-

. .... 230, 765, 821, 909, 975, 1051, 1059

Public Service Commission; procedure for action

against, SB 415 - .. . ------------..28, 71, 93, 97, 104, 2421, 2476, 3059

Public Service Commission; provide for venue

in certain suits, SB 414 _.-_--------. ......28, 71, 93, 97, 102, 2418, 3059

Public Transit Buses; prohibit certain acts while

riding, HB 1583 ___......_...__..._.__._................1301, 1314, 1721, 1810, 2161, 2213, 2419

Public Works Contracts, Cities; bids and

procedures, SB 604

.. .. ..__..._..__.........725, 1177, 1243, 1325, 1331

Publication of Legal Notices; provide for proof,

SB 39 ,,_--_-.___.....---_--__.....__..._.__.----- - .......__ No Senate action in 1976

Purchasing Authority, State and Local; give State

products preference, HB 1018 ...................._._..............._._..........._.._.......__._.......1422

Q
Quality of Life Council for Children and Youth; create, SB 388 ................._...._.._..........___._...._..............._.............._._.No action in 1976

R

Rabun County; governing authority become

self-insurer, SB 672 __.......__.__.......__.__..._...._._.......1232, 1442, 1538, 1732, 2482, 3060

Radar Speed Detection; change provisions relating to speed

limits in school areas, SB 143 ------------------------------------No action in 1976

Radiation Control Act; amend policy declared,

HB 1907 --------

...._......... 1935, 2081, 2246, 2251, 2460, 2655

Rape; conviction on unsupported testimony of

female, SB 456 .........__.____._......_._.._..__..........___.___.........__...._.._..50, 307, 474, 508, 525

Rape Prosecution; certain evidence inadmissible, SB 457 ----------------------50, 307

Rape Prosecution; procedures for determining admissibility of

evidence relating to past sexual experience, SB 458 . ----50, 307, 475, 509, 525,

2370, 2376, 2421, 3059

Rapid Rail Cars, Public; certain acts prohibited

while riding, HB 1583 .... ........_.......... ......1301, 1314, 1721, 1810, 2161, 2213, 2419

Rapid Transit (MARTA) ; change membership of board

of directors, HB 1585 .............................__.._......723, 729, 819, 907, 976, 1011, 1232

Rapid Transit (MARTA) ; change public meeting

requirements, HB 1582 -

.

. 1165, 1174, 1360, 1447, 1545, 1692

Rapid Transit (MARTA) ; change semiannual reporting

requirements, HB 1580 .......'.._..................1119, 1130, 1441, 1536, 1743, 2161, 2212

Rapid Transit (MARTA); election of secretary and

treasurer, HB 1584 _____._.___.._.._______.___.___.1301, 1314, 1445, 1536, 1743, 2161, 2215

Rapid Transit (MARTA) ; limit use of interest from

investments, HB 1581 ------------- ------ 810, 816, 1441, 1536, 1743, 1877, 2073

Rapid Transit (MARTA) ; urged to purchase and contract for

materials made in Georgia, HR 387 .._..._.___.._...

-- ._ 902

Real Estate Brokers and Salesmen; licensing, take exam

three times per year, SB 386 __. _............................_._..... ..._ ._._.. No action in 1976

Real Estate Brokers; qualifications, SB 607 ......_. .725, 1178, 1243, 1325, 1336

3136

INDEX

Real Estate Brokers; relating to professional licensing and tax, SB 586--------.--------_---__.591, 731, 770, 839, 861, 1793, 3059

Real Estate Brokers, Salesmen; license suspension, appeal bond required in applying for stay of order, SB 642 .__.._.____.__...______............ ________ 965

Real Estate Commission; prohibited from setting in-class hours for license requirements, SB 355 __....._.___--.-...._.___............. --13, 15, 733

Real Estate; illegal use of funds intended for improvements defined as theft, HB 1258 .__-..___._._...._._._.1228, 1236, 1720, 1808, 2160, 2459, 2470

Real Property; separate class for tax purposes, SR 64 ................No action in 1976

Realty, Devise Under Will; pass subject to

security deed, SB 110 ___.._.._______._.__.-____..__.__._...___._._______._ ._.___...._____No action in 1976

Reapportionment; change Senate districts 34 through 39, SB 693 ......................1354

Reapportionment; change senatorial districts 25

and 45, SB 399 .__...___.........-..._..__......._.._..._...__.....................................71, 93, 97, 101

Reapportionment of General Assembly; change certain

House of Representatives districts, SB 216 ........_........ ....... No action in 1976

Reapportionment of General Assembly; change certain

Senate districts, SB 217 ................._....... .......................... . ..... .No action in 1976

Recall of Elected Officials; procedure, HR 568 _........_............... .................--....964, 967

Recorded Material; prohibit unauthorized reproduction

or distribution, SB 229 _...._...................._.............._..__............... No action in 1976

Recording Deeds, Mortgages, Bonds; amend certain Code

Section, HB 1433 ......_................_.............._..498, 502, 1178, 1246, 1326, 1451, 1484-

Recreation Examiners Board; qualification of members, SB 657

1122

Recreational Areas, State; rules and regulations

for use, HB 1880 ................__.........._...._..__..2221, 2235, 2428, 2435, 2737, 2792, 3052

Regents Board; applicability of "sovereign immunity"

doctrine, SB 537 ....__............-._............_..........__.303, 476, 507, 548, 567, 2418, 3060

Regents Board; conveyance of certain State-owned

property, HR 809 ................._......._....._..........._..1795, 1803, 2097, 2107, 2286, 2379

Regents Board; notification required before increase

in tuition, HB 1607 ......._.............._.................................... . -- 1164, 1174, 2244, 2258

Regents Board; urged to devise continuing system for

salary increases for personnel, SR 287 ............................ 268, 476, 507, 548, 570

Regional Governments Study Committee;

create, SR 345 ....__............_..._.__.............._............_............. 895, 1441, 1534, 1742, 1750

Registrar, Elections; repeal requirement that he

own property, HB 1551 ......_._........__..._.........._..2059, 2081, 2426, 2430, 2739, 2938

Religious Liberty; employees not required to work on

habitual day of worship, SB 476 _........._._...._............... ...................................__..89

Reorganization Act, Executive; amend relating to extending authority of Human Resources Department, HB 1602 .._............................_.759, 764, 1359, 1448, 1545, 1693, 2062
Reorganization Act, Executive; amend to provide for Small Business Assistance Division, SB 598 ...._............__.........682, 903, 969, 1051, 1090
Reorganization of State Government; Human Resources Board become advisory, SB 423 ...._._............_..._..........................._.............._. ...--.....29
Rescue Organizations; no Civil Defense license required, HB 163 .._.............__............._............._..__..........._...............234, 253, 275, 288
Retail Installment and Home Solicitation Sales Act; amend, SB 408 .._........_...._._................._..._...__..14, 15, 234, 257, 258, 2701, 2899, 3059
Retirement Fund, Firemen's; eligibility requirements, HB 282 ______.__._..._.____.___............_______._...2247, 2256, 2459, 2461, 2700
Retirement Legislation; actuarial studies required before passage, SB 116 ._......................._.........._.............. ...........No action in 1976

INDEX

3137

Retirement Legislation; fiscal notes attached to

enrolled copy, SB 9 ....--...--. - ....... . ............... ........_............. No action in 1976

Retirement, Peace Officers; disability

benefits, HB 293 .................. - ........ - ........ 1118, 1128, 1721, 1808, 2285, 2288

Retirement, Public School Employees; retire after

31 years, HB 272 ....

....... .. ...._..._.........889, 898, 1319, 1361, 1450, 1466

Retirement System, Employees'; accumulated forfeited

sick leave, HB 1447 . .. .......... ......_._.... 1119, 1129, 1445, 1535, 1743, 1767

Retirement System, Employees'; Agricultural Commodity

Commission employees be members, HB 1274 . ... .. .......1710, 1715, 2247, 2257,

2459, 2473

Retirement System, Employees'; certain members eligible

for group term life insurance, HB 179-- ............806, 814, 1179, 1244, 1325, 1345,

1429, 1886, 2223, 2228, 2694, 2701

Retirement System, Employees'; certain service

deemed full-time, HB 312 _____ _______ ___. _____________ 891, 898, 1134, 1185, 1273, 1277

Retirement System, Employees'; change duties of

Actuary, HB 326 ________ ... _________ ________________ 1301, 1313, 1807, 1828, 2459, 2464

Retirement System, Employees'; change increased

benefits to those already retired, SB 77 ___. ................... ________________ ________________767

Retirement System, Employees'; composition of Board

of Trustees, SB 512 ......... ________________ ____________ ____________ 249, 767, 820, 909, 919

Retirement System, Employees'; creditable service, SB 519 _._........._...___._...._...__.250

Retirement System, Employees; disability provisions for

deputy conservation rangers, SB 500 _____________ ,____247, 597, 643, 692, 703, 1514,

1746, 3059

Retirement System, Employees'; eligibility for survivors'

benefits, SB 509 ............................. ______________

....

248

Retirement System, Employees'; include additional

persons, HB 190 ________________________ ............._..... ____889, 898, 1134, 1185, 1273, 1275

Retirement System, Employees'; increased benefits for certain

retired members, SB 485 ________

................._...__.___.228

Retirement System, Employees; management and investment

of funds, SB 514

.

249

Retirement System, Employees'; postretirement benefit

adjustment, SB 517 _ .

_.....__......

__________________.._.250

Retirement System, Employees'; provisions for retirement

based on years of service, SB 506 . .....-------...-..._._...----..-..._...._........-.... ..-- 248

Retirement System, Employees'; separate record of

accumulated contributions, certain cases, SB 479 ......_... ......._.._...... ... ____________227

Retirement System, Firemen's; increase certain

benefits, HB 1314 ________ . _________________________ 535, 541, 904, 970, 1051, 1108

Retirement System, Firemen's; powers and duties of

Board of Trustees, HB 1315 _______________ ______________ 535, 541, 904, 970, 1051, 1110

Retirement System, Superior Court Judges';

create, HB 308 ______________ _ _ _____________ 1242, 1320, 1376, 1397, 1517, 1664, 2239

Retirement System, Teachers'; additional postretirement

benefits, HB 158 _____________ . ____________ ........._.._._ ______________ 1795, 1804, 2247, 2256

Retirement System, Teachers' and Employees';

continued investigation, SR 275 _......._..,,_....._. _._____________.._._ _______________ 251

Retirement System, Teachers'; change minimum benefit

provisions, SB 518 __________________________________ _____________________________ ________________ 250

Retirement System, Teachers'; change option provisions

for membership in local fund, SB 487 .__..... ............ 229, 597, 642, 692, 737, 752

Retirement System, Teachers'; change provisions

relating to interest, SB 449 ..... .........._._............ _______ 45,478,506,547,552

3138

INDEX

Retirement System, Teachers'; composition of Board of Trustees, SB 513 ____-.

249, 767, 820, 909, 923

Retirement System, Teachers'; creditable service for

leaves of absence, HB 1302 .______.____.__._....._..__.. 1300, 1313, 1445, 1535, 1743, 2160,

2178, 2405, 2651

Retirement System, Teachers'; management

and investment of funds, SB 515

...__..............._.... .249

Retirement System, Teachers'; minimum benefits for

certain members, SB 493

,,__... 246, 1134

Retirement System, Teachers'; property investments, assets exempt from tax, HB 1412 ....._._..._......__ 1301, 1313, 1807, 1828, 2459, 2478

Retirement System, Teachers; retirement with less than 10 years, certain cases, SB 451 .,,

......__.45, 478, 506, 547, 560

Retirement System, Teachers'; service necessary

for retirement, SB 450

_._

_ _.._.____......_._........._.__..___...... 45

Retirement Systems; minimum standards,

requirements, SB 546 .._._______.-__...._______. 471, 511, 733, 768, 839, 851, 888, 975, 976

Revenue Anticipation Obligation; General Assembly change

purposes for which issued by political subdivisions, SR 360 _____ ___.____.___.. ...1123

Revenue Anticipation Obligation; General Assembly change

purposes for which issued by political subdivisions, HR 618 _ .___._ 1518, 1527

Revenue Certificates; change voting requisites for

approval, HR 465 _____.__....______._...___________...________......._____. 302, 307, 477, 507, 548, 571

Revenue Commissioner; method of collection on

distilled spirits taxes, HB 1706 ..______.__.._________. 1425, 1437, 1805, 1828, 2286, 2346,

2406, 2644, 2692, 2693, 2989, 3054

Revenue Commissioners, Deputy; repeal certain Code

section relating to duties, HB 1235 ._______.._________.....__. 226, 231, 765, 822, 909, 937

Revenue Department Employees; amend provisions relating

to secrecy of income tax information, HB 783 _. ._____.._...._____.___ 307, 475, 509, 528

Revenue Department; employees prohibited from revealing

names on motor vehicle registrations, SB 413 _______.___.....___.28, 271, 308, 479, 543,

599, 612

Revenue Department; pay salary supplement to county tax

appraisers, certain cases, HB 1033 ____.__.______._1424, 1435, 1718, 1808, 2285, 2290

Revenue Department; retirement requirements and

benefits, HB 1378 ____.__......_____._____.1120, 1129, 1319, 1361, 1451, 1481, 2060, 2080,

2208, 2312, 2484, 2952

Revenue Department Special Agents; law enforcement

powers, HB 1727 __________..___.____._____...______.__..___ 892, 900, 1179, 1248, 1326, 1451, 1492

Revenue Estimate Board; create, SR 294 _______...__________.._..________._._________.___.______.._______.473

Revenue Short-fall Reserve; reserve from State

surplus annually, SB 466 __._....___.____. .. . 69, 233, 253, 275, 287, 2370, 2375, 3059

Revenue Taxes on Alcoholic Beverages; metric measurement

used, HB 1707 ___________._....__.______.._..______.._...._____.. 1426, 1437, 2094, 2098, 2286, 2348

Reynolds, Senator Steve; temporary Chairman of

Senate Rules Committee, .___--_-_-.__.______.. .__._----.,,___---..__.____--.__._____----_....__ 2247

Richmond County-Augusta; consolidate

governments, HB 1009 ____... _..._______..__.______.........1295, 1469, 1518, 1674, 2810, 3055

Richmond County Board of Tax Assessors;

chief tax appraiser, HB 1087 __._____._ .________. ..,,__ ___ _...........____...____ .No action in 1976

Richmond County; compensation of certain elected

officials, HB 2045 ...___..____...._._._______..._._______... ._.___.____ 1789, 1799, 2426, 2440, 2710

Richmond County Employees; those exempt from

Merit System, HB 1713 ......_________.....__________......2382, 2417, 2426, 2439, 2724, 3053

INDEX

3139

Richmond County School Superintendent; interim filling

of vacancy, HB 1955 .......... .............. .....

1422, 1433, 1719, 1815, 1842

Richmond County Sheriff's Office; employees, HB 2046 ................2207, 2210, 2425,

2437, 2711

Richmond County Superior Court Clerk;

compensation, HB 1726 ........ ........._..._._._..............._...... 806, 814, 2426, 2439, 2707

Richmond County Tax Assessors; furnish property values

to City of Augusta, HB 902 .. ____________ ... _________________ No action in 1976

Richmond Hill, City of; change corporate

limits, SB 630 ........... ......._........ __________ . .... 894, 1132, 1181, 1251, 1792, 3059

Ridley, Mrs. Nellie Dozier; commend, SR 471 ........................................................2S^2

Riverdale, City of; commend, SR 290 ..............._..........._..............._...._..._..._.___..__........297

Robbery, Armed; change penalty, SB 304 ____________ 234, 254, 275, 276, 1303, 1340,

1353, 1507, 1936, 2293, 2420, 3060

Robbery, Armed; change penalty, mandatory

sentence, HB 1277 ........... ... .. ......_.. .. ____ _____ 1295, 1308, 1533, 1724, 2285, 2304

Roberta, City of; new charter, HB 1909 ...... _____________ 1298, 1310, 1529, 1728, 1821

Roberts, Charlie; congratulating, SR 417

.......... 1875

Rock Eagle 4-H Center; sales exempt from

sales tax, HB 1656 ______ .. __....... _________ 890, 900, 1177, 1247, 1326, 1376, 1379

Rockmart-Aragon Hospital; commend staff and employees, SR 481

.... 3009

Rockmart, City of; city elections and political activities

of employees, SB 698 ............. _____ ........ .... _ 1430, 1718, 1811, 1834, 2482, 3061

Rodgers, Coach Pepper; commend, SR 354 ...... ....-__._ ._...._.___............._______..____._.___.977

Rodgers, Pepper; address . ......._._..._._.._.........___.....___.__.

977

Rome, City of; temporary loans made by

city, SB 659 ..... ______________________ ......... 1122, 1240, 1321, 1363, 1909, 3059

Rules Committee, Senate; Senator Reynolds act as

temporary chairman ........_...__._... ._.___..__.._._. 2247

Rules of the Senate; adopting, SR 242

....

............. 12

Rules of the Senate; amend, SR 388 ___________________ ....._____________......1431, 1506, 1508

Rules of the Senate; amend relating to

committees, SR 323 ___ .......... ..... ........_._._............ __ ..__ 682, 2428, 2459, 2460, 2918

Ryan, Gail E.; compensate, HR 492 ____________________ 2223, 2234, 2423, 2432, 2883

s

Salaries, Buying; repeal Code Section providing for fees, HB 1233 ...... .............._....... .... _____________ 225, 231, 765, 822, 909, 935
Sale City; provide garbage collection and disposition, HB 1866 ..._...._.____._......._...._......._........... 1226, 1235, 1443, 1541, 1738
Sales, Door-to-Door; in compliance with Federal Trade Commission, SB 670 .............._..____...._....._...... 1232, 2093, 2097, 2285, 2287
Sales Tax; amount of credit for tax paid in another state, certain property, HB 1902 . ____________________ 2060, 2081, 2241, 2250, 2460, 2654
Sales Tax; clarify exemptions on farm equipment, HB 997 ___.... ...... ________ 2089, 2091, 2241, 2248, 2737, 2797, 3052
Sales Tax; credit allowed for returned property, HB 529 _________......49, 52, 817, 906, 976, 1006
Sales Tax; exempt certain property sales to orphans' homes, SB 242 ...................... No Senate action in 1976
Sales Tax; exempt sales of Rock Eagle 4-H Center, HB 1656 _________________ 890, 900, 1177, 1247, 1326, 1376, 1379
Sales Tax License; recipient must notify city and county, SB 682 ..............._._......__.___....._._............._._.._........... ______________ 1307

3140

INDEX

Sales Tax, Local; amend Act concerning time limit and

authority to call referendum, HB 1353 ___._._._...1352, 1356, 2093, 2098, 2285, 2309

Sales Tax; solar energy machines exempt,

HB 1480 ._..,,,,--

-,,---... .

1229, 1237, 1358, 1447, 1545, 1690

Salespeople in Georgia; relative to dedicated work, SR 439 __...........__.___.____._...._.__..___......._.___.__.......__.___.__..2091, 2428, 2455, 3056

Saltwater Crawfish; repeal Act regulating taking and possession, SB 331 ______,,..._.__.__....----,,._.-- ... No action in 1976

Sandy Springs, City of; incorporate, SB 654 ...._________..._______________..________._____._..___.1032 Savannah-Chatham County; consolidation of
governments, SB 154 -,,--_._____.._,,..._.___.__...._.__..,,......._._._.__.______..No action in 1976 Savannah, City of; mayor, aldermen, power of eminent domain
for constructing utility systems, SB 94 _____._._______.___________.____.__.No action in 1976 Savannah; extend corporate limits, HB 2080 ............... 2315, 2342, 2425, 2438, 2712

Savannah Jaycees and Jaycettes; commend, SR 455 ___.----..._..___....,,__.___.............2456 Savannah Municipal Court; minimum salary of
judges, SB 704 -__.___._.-.............____....-.._..1519, 1718, 1812, 1835, 1874, 3050, 3060 Savannah; residency requirements for City Department
heads, SB 544 .._........._._.___.._..___.........-__....._..._.._._...____......._.___._....._.470, 595, 646, 687 Schley County Board of Commissioners;
compensation, HB 1967 ........___.._.......___.__.__......______..1509, 1520, 1805, 1829, 2108 Scholarships; children of certain law enforcement officers,
redefine terms, HB 1763 _........______.._..__...._._...... 1120, 1130, 1444, 1537, 1743, 1766 School Attendance, Compulsory; provisions for temporary

custody of child absent, SB 511 ,,

.249, 732, 768, 839, 843, 2483, 3060

School Bond Indebtedness, Local; guaranteed

by State, SR 350 ___.___...........______.........__.____.........__.___.....896, 1178, 1244, 1325, 1342

School Bus; not proceed until children across

street, HB 1216 __..___......._.______.._....._.______._.....___1165, 1173, 1360, 1446, 1545, 1683

School Children; change beginning age for attendance, HB 54 _........_.._______......__.___..__...._______.._........__.___........._.___......._.__.._._.___.732

School Districts; certificates of deposit, provide for security, HB 2050 ._........_.__..___._....._____.__..... ... 2090, 2092, 2241, 2251, 2460, 2683

School Lunch, Free; false information unlawful, HB 1270 .....__.__..___.__.........________..._.....___..__.....889, 899, 1178, 1245, 1325, 1376, 1394
School Premises; loitering or disruption of operation illegal, HB 1271 ___.._.......__..__..._._.......____._.. 1302, 1313, 1444, 1534, 1743, 2160, 2177
School Students; provide for nutritional examination upon entering first grade, HB 718 __.._..________.____533, 540, 1531, 1723, 2285, 2383, 2485
School Tax; repeal provision for special levy, certain counties, HR 56 ....__...._....._...____._........_._....,,..._.__.......__.__.._...___....._. ..........1426
Schools; change provisions relating to examination of textbooks, SB 600 ._...__..._._....__._..__._......_..___..._._.......___.___......__..._.__......._...__.__.._,_.....682
Schools, Corporal Punishment; circumstances, SB 445 _._..__.... 45, 269, 308, 479, 481 Schools; provide for recitation of Pledge of
Allegiance to the Flag, HB 1269 .................................496, 500, 732, 771, 840, 883

Schools; urge instruction in free enterprise system, SR 348 . ...........................................................896, 1177, 1244, 1325, 1341

Secondary Security Deeds; rate of charge, change

definition, SB 439

.

44, 251, 271, 316, 455, 1515, 3059

Security Deeds, Secondary; rate of charge, change definition, SB 439 ._................_.__.... ....................44, 251, 271, 316, 455, 1515, 3059

Security Guards, Ports Authority; provide arrest powers, HB 1541 .............. ...................... 1425, 1436, 1721, 1809, 2738, 2801

Seminole County Coroner; compensation, HB 1606 _____...___.___.678, 683, 902, 971, 1037

INDEX

3141

Seminole County Small Claims Court;

jurisdiction, HB 1604 __.__________.____..___._...____._____._.__.____.__..._.678, 683, 902, 971, 1036

Seminole County Superior Court Clerk;

compensation, HB 1605 _._._..........._..__.___.____.._.___._...._.. ..... 678, 683, 902, 971, 1037

Senate Agricultural Research Study Committee;

create, SR 303 ___..__.._..____._..._...._......._.____.__.___.___.__...._..__...__._...._.__...__._._ 500, 730, 2344

Senate Committee on Economy, Reorganization and Efficiency

in Government; abolish, SR 8 ......_.._.___.___. ...._... ..._...__.No Senate action in 1976

Senate Committee on Economy, Reorganization and

Efficiency in Government; change membership, SR 15.._.._...__ No action in 1976

Senate President Pro Tempore; provisions for

succession to President, SR 336 .._. _.._..._...__.._... .----762, 968, 1035, 1138, 1149

Senate Rules; adopt, SR 242 .

............ _......_. .12

Senate Rules; amend relating to, SR 388 ____............___--.._..._..._...__.._... 1431, 1506, 1508

Senate Rules; amend relating to committees,

SR 323 _._.._......_.___........._._......_..___....._._._._.___.._..__....._._..682, 2428, 2459, 2460, 2918

Senator from the Sixth District; censuring, SR 245 __..___.__..__..........16, 542, 585, 631

Senatorial Districts 25 and 45; change, SB 399 ___._._.._......._..___.___.....___.71, 93, 97, 101

Senatorial Districts; reapportion districts 34 through 39, SB 693 ___.______.___________1354

Senior Citizens; attend University System Schools

tuition-free, certain cases, HR 494 ..... __.._..._.________ 808, 817, 1530, 1725, 2161,

2224, 2420

Senior Citizens; free tuition to University System colleges, SR 14 __________________.903

Sentence, Death Penalty; change procedure,

HB 588 ._..__. _____________________._____._.___________________._.____......._.__.________.1034, 1136, 1190, 1220

Sentence; limit for second trial, SB 690 . . _...__._._........ 1354, 1720, 1807, 1876, 1898

Sentence; prison inmate convicted of aggravated

sodomy must serve consecutively, SB 503 _._.. .... ......_..._. 247, 477, 506, 548, 565

Sentences, Determinate in Criminal Cases; special sentence,

parole at any time, certain cases, SB 577 --.-------___________________________________589

Sentences Subject to Superior Court Judge Review;

change sentence, SB 440 ..... ......_..___.._..................._.____._..._. 44, 234, 254, 275, 281

Service Integration System; urging approval, HR 915 __..._.._,,_.____._............. 2239, 2241

Services for Aged Study Committee; create, SR 419 ..... ... . .._........__..__.2091, 2690

Settlements from Injured Persons; attempts to obtain

in hospitals prohibited, SB 53

....533, 1296

Sexual Offenses; any person without regard to sex may

be found guilty, SB 676 . ................ . ---- 1306, 1532, 1722, 1876, 1890, 1933

Shareholder Meetings; action without written

consent of majority, SB 209 ..... ..... .._..___.._...... ......No Senate action in 1976

Sheriff's Fees; change certain fees, SB 365 ____.__.__.._._..__ _._____.__..___.___.2993, 2994, 3060

Sheriffs, Officials; authority to serve certain municipal

notices, summons, HB 214 ........._..._...__.__......._...,,..___..__..__._._..._.... 252, 272, 317, 465

Sheriffs; provide for orderly law enforcement during

transition of power after election, HB 1601 .._.._...._........ 1302, 1314, 1358, 1447,

v

1545, 1680

Sheriff's Retirement Fund; eligibility, SB 424 .._.___.._..._.._........_..__..___.______...__.........29

Sheriff's Retirement Fund; increase in

benefits, SB 425 ............

..

...30, 308, 474, 508, 521, 1120

Sick Leave for Teachers; certain school systems, SB 183 _________________.__________________732

Sign Language, Deaf and Blind; provide for in

certain official proceedings, HB 1823 _. _______.__...._._____._____ 2221, 2235, 2427, 2431

Simpkins, Honorable John; commend, SR 295 ___.___--__....--.__...................._.....___..._..__.467

Skelton, Alexander Stephens; regrets at passing, SR 399 .. .________________________________1703

Small and Minority Owned Businesses Study Committee;

create, HR 543 .____........__._........._..._.___.___.___.809, 817, 1444, 1537, 2460, 2684, 3052

3142

INDEX

Small Business Advisory Council; compensation,

SB 534 ..

268, 1531, 1721, 1876, 1904

Small Business Advisory Council; expense and travel

allowance for members, SB 563 ._________..._______._______________.________...._________... ___.___.____500

Small Business Assistance Division; create within

Community Development Department, SB 598 .... ... 682, 903, 969, 1051, 1090

Smith, Dr. W. E.; commend, SR 373 ............._..........................._..........._............_._...1273

Smith, George L. II State Park; Parrish's

Pond renamed, SR 325 ..... ...... ____.___726, 1179, 1243, 1325, 1339, 3056, 3061

Smoak, Ms. Edith; commend, SR 267 ................................................_..._.._._..._.._.._...236

Smoking-in Hospitals; relative to, HR 961 ....... ............ . ................... .. 2422, 2455

Smyrna, City of; change corporate limits,

HB 2070 __.___________.-.-....___-_._---..-_-_--...--.._.-.... 1791, 1801, 2095, 2104, 2264

Smyrna Homestead Exemption; ad valorem tax

exemption for disabled, SR 317 ..... ......... ... ... .....638, 732, 773, 836. 2482, 3061

Snyder, G. R.; regrets at passing, SR 397 .. ........................ ........................ ....1703

Social Security Act, Title XVI; urge Congress to

amend, SR 333 .................... ............. ...... ........ . .-762, 1241, 1319, 1375, 1376

Social Security Number; required of both parties in

divorce petition, SB 447 ............... ...... ........... .............. .45, 477, 505, 547, 549

Social Workers' Licensing Act; enact, SB 571 . .... 538, 1034, 1135, 1190, 1194, 1507

Sodomy, Aggravated; sentence served consecutively if

committed by prison inmate, SB 503 ....................... .. ... ....247, 477, 506, 548, 565

Soil Amendments; distribution and sale, HB 1329 _____ 680, 685, 1176, 1245, 1326,

1376, 1395

Soil Classifiers, Professional; regulate, HB 1620 ....... 760, 764, 1440, 1536, 1743,

1765

Solar Energy Equipment; exempt from sales tax,

certain cases, HB 1480 _____________ _____________ 1229, 1237, 1358, 1447, 1545, 1690

Solar Energy Heating and Cooling System Property;

ad valorem tax exempt, SR 284 ______________ .268, 503, 546, 600, 648, 664, 2382, 2401,

3061

South Cobb Athletic Association Pee Wee Vipers Football Team;

commend, HR 816 ______________ .......... _____________________ ______________________ _________ 1429, 1450

South Cobb Jaycees; commend, SR 312 __________ _______ ..................... ___________ ....547

Southern Bell; commend on efforts to save Fox Theater,

SR 296 _________________________________________ ________ _________ _______ ____________ ________ ________ . _____479

Southern Bell Telephone; commend on 100th anniversary of

telephone invention, SR 444 _ ________ _________ _______ ________ ___________________ ........2233

Southern Judicial Circuit; investigator for District

Attorney, HB 1617 _____ _________________________ ___________ __.____722, 729, 902, 973, 1041

"Sovereign Immunity"; applicability of doctrine to Regents Board,

SR 537 ....._..___........._...... _________ ________ ________ ___ 303, 476, 507, 548, 567, 2418, 3060

Spalding County; businesses in unincorporated area,

licensing, HR 706 _________________________________ _ ___ ..1305, 1316, 1530, 1730, 1915

Spalding County Coroner; compensation,

HB 1970-__----__----_--....-.-_- ..................... ...1510, 1521, 1805, 1829, 2108

Spalding County Governing Authority; reimbursement of

members expenses, HB 1925 ___________ ______ . _ 1300, 1312, 1530, 1729, 1823

Spalding County; levy business license fee in unincorporated

areas, SR 342 .__......__.._........_.._......._.......... ___ 895, 1133, 1184, 1259, 2222, 3060

Spalding County Officials; compensation, HB 1945 ....1421, 1432, 1719, 1814, 1840

Spalding1 County Small Claims Court; change jurisdiction,

HB 1699 .

_____ 805, 813, 1133, 1184, 1254

Spalding County Tax Commissioner; compensation,

HB 1971 ______________________________________________________________ _____1510, 1521, 1805, 1829, 2108

INDEX

3143

Sparks, Bob; wishing success on transatlantic balloon

flight, SR 403

....... .-......- -.-...-.....1817

Special Adult Offender Act; change effective date, SB 632 _--...-...-...-.-_....-.. ..------.894, 1179, 1243, 1325, 1337, 2703, 3060

Speed Detection Devices Permit; conditions for revocation, SB 421 _____._.___..__....._._._. .._...._._.__._.___........ ............. 29, 92, 95, 238, 242

Spinal Health Day; designate, HR 101 ._..._.._._..._.___. ................._. No action in 1976

"Spirit of '76"; urge General Assembly members to hold

town hall meetings, SR 305 ._..........__._._.__......

.

547, 809

State Administrative Judge; create office, SB 122 ._..........._.._..._._._....._.....______.___477

State Agencies Contracting with Nonprofit Contractors;

reports required, SB 536 ..... ._....___ 302, 503, 545, 600, 648, 650, 2704, 2782, 3060

State Agencies; efficiency evaluation made by Office of Planning

and Budget, SB 35 ....

...

No action in 1976

State Agencies Employing Physicians; purchase malpractice

insurance, SB 235 --.......-.--________..___________No action in 1976

State Agencies; perform energy consumption analyses in construction

of certain facilities, SB 496 _._.___......_.... --------------246, 818, 905, 976, 996

State Agencies; provisions for disclosure of fees and reimbursed

expenses paid, HB 541 .. ..... ...._..._... . ..._..__. 1118, 1128, 2095, 2105, 2285, 2381

State Agency Using Consultant; notify Administrative Services Fiscal Division, SB 560 ...._..................._.. ..............._..__ 499, 730, 769, 839, 852
State and Local Fiscal Assistance Act of 1972; urge reenactment, SR 261 ----------..-- ----------------_..--------------------------73
State and Local Purchasing Authority; give State products preference, HB 1018 ------...------.._...--------.----------------1422
State Auditor; compensation, expenses, HB 284 _,,..--. ..._.._........_._.___.....__.1717, 1808 State Board of Education; composition, SR 270 _________ ....____________._ _..________._________.230 State Commission on Aging; recreate, SB 375 .... ....___.. -------------------14, 15

State Computers Study Committee; create, SR 306 _______.___._. . .. ._.__.._______.._.__._.. .______..___... .__._..__.._____.538, 819, 905, 976, 1017
State Constitution; provide, HR 462 ___. __.__.. 68, 70, 1179, 1248, 1326, 1876, 1947, 2209, 2321, 2369, 2403, 2944, 3055
State Court of Claims; create SB 420 ...___..__.__..__....._______________.__________._.___...______..__________29

State Department, Agency; unlawful to purchase beef outside U. S. HB 1613 .___._______.__.__.. .___._..__...._.___....______..__ 2089, 2091, 2241, 2249, 2459, 2640
State Deposits; additional Federal securities accepted as collateral, SB 516 __ . . . ._..._.._.. ....___.___.... 249, 730, 768, 839, 845, 1514, 3059

State Employed Physicians; allowed to do outside work,

SB 606 ._.__.___.___._.. ..._._______.__... ..._______..____........._______. .725, 903, 969, 1051, 1090

State Employees, Health Insurance; increase maximum participation,

HB 1370 .._........... ... ......._._._..... ............ ......._.... 282, 298, 542, 598, 649, 676

State Employees; relative to pay raise,

SR 326 __..__..--.-..._..____.__.______...... ......._.__.............._........ 726, 903, 969, 1051, 1097

State Employees; salary deductions for insurance

premiums, HB 1362 ._......_....._._ . .... 1302, 1313, 1441, 1535, 1743, 2160, 2184

State Equine Commission; create, SB 705 ....._.... ..1712, 1806, 1828, 2160, 2166

State Fossil; shark tooth designated, HR 517 .. ...892, 900, 1319, 1362, 1451, 1494

State Gem; quartz designated, HR 517 .. ... ..... 892, 900, 1319, 1362, 1451, 1494

State Government Agencies; repeal Act on collection of fees,

HB 1232 ...........___.._..._..___._..._...__._._..............._.____...... 225, 231, 765, 822, 909, 934

State Government Boards, Commissions and Authorities;

code of ethics, HB 972 ..... -

_.

1319, 1361, 1450, 1470, 1712

State Government Expense Vouchers and Travel Allowances

Study Committee; create, SR 412 --...----------------------------1827, 2940

3144

INDEX

State Health Insurance; Personnel Board execute contracts,

SB 478 _-.____.___________...... . ......... ... ......... 89, 503, 544, 599, 626, 2963, 3007, 3060

State Institution, Person Admitted to; cost of care

liability, SB 203 ___....._............_...................... ............... ...... 3029, 3044, 3060

State Land Owned by U. S. Forest Service;

relative to, SR 293 ......... ............ ........... ........................... _________ 304

State Mineral; staurolite designated, HR 517 _____ 892, 900, 1319, 1362, 1451, 1494

State Obligations; incurred for local school district,

SR 350

...

______________ 896, 1178, 1244, 1325, 1342

State Officials; must resign before qualifying to run for public

elected office, HB 1957 ........................... ....................... .____. __. 2090, 2092

State Parks; rules and regulations,

HB 1880 _____________________________ . ________ 2221, 2235, 2428, 2435, 2737, 2792, 3052

State Patrol Post; two solid colored marked vehicles per post,

HB 1256 _________________________ _______________ ............... ______ 634, 640, 687, 736, 777, 800

State Physician, Psychologist; work part-time for other agency,

SB 265 -.--.-.--_--_-.---..----- ........... _.

_________ _._ 3050, 3060

State Properties Commission Grant Easement to;

Branigar Organization, Inc., SR 339 __763, 1035, 1136, 1190, 1208, 1517, 3060

State Properties Commission; membership, powers and duties,

HR 226 _._......_......................_........ ___________ _____________ 14, 15, 71, 93, 97, 99

State Properties Commission; transfer property in Chattanooga,

Tenn., SR 343 ____________ ... _______

895, 1035, 1136, 1190, 1208, 3056, 3061

State Prosecutor; establish in Law Department, SB 134 ___________ No action in 1976

State Purchase of Supplies; bids not required certain

amounts, SB 484 .... _________

________ 228, 733, 768, 839, 884, 2703, 3060

State Rock; marble designated, HR 517 _ ____________ 892, 900, 1319, 1362, 1451, 1494

State School Readiness Testing Study Committee;

create, SR 68 ._.._..........._.._._..... _______________ ________________ _______ No action in 1976

State Space Management Act; enact,

HB 659 ___________________________ ............ 496, 500, 765, 821, 909, 930, 1030, 1276

Status Offenses Study Committee; create, SR 396 .. . _________ 1714, 2247, 2343

Steel Trap for Capturing Wild Animals; unlawful, SB 69 .

_ 596, 648, 669

Stell, Mrs. Joyce; commending, HR 932 __________

_ ____________

2419, 2455

Stenograhic Notes of Testimony, Death Sentence Cases;

time for transcript preparation, HB 1148 ... 721, 728, 1178, 1244, 1325, 1450,

1471

Stepfather; provide for minor stepchild, SB 530 .............

......267, 1134

Stewart County Commissioner; compensation,

HB 1911 _._.............__..._......_._...... ___________

1299, 1311, 1529, 1728, 1821

Stewart County Tax Commissioner; compensation,

HB 1910 --_.-._-_________-----___.___----- ... 1298, 1310, 1529, 1728, 1821

Stockholders, Bank Holding Companies; rights in acquisition of

bank shares, SB 640 _________________ ______________

________

965

Stockholders, Corporations; change provisions relating to

mailing of certain documents, SB 638 _____ _ . _ 964, 1131, 1185, 1273, 1274

Stockholders, Corporations; reports of change of control, SB 639 . .

965

Stockholders; rights in dissenting, banks merger, SB 467 ........... __

69

Stone Mountain Judicial Circuit; judge elected in

nonpartisan election, HR 157 _. ... ..............

.......

........ _ 264

Stop Drugs at the Source; honor leaders in petition

drive, SR 371 __________ ___________________ ...................................

_____ _.__1283

Structural Pest Control Act; additional definitions,

HB 1392 .

.

...... 634, 641, 730, 772, 840, 874

Structural Pest Control Act; amend to allow restrictions by

cities and counties, SB 404 ............._..._....... .. .................... No action in 1976

INDEX

3145

Student Grants Act; redefine "approved institution",

SB 596 ._______.._..._..___________.._________.________.681, 903, 968, 1051, 1088, 2370, 2400, 3060

Student Intern Program; appreciation to members, SR 352 ________________________ ______975

Students Attending Non-University System Schools;

change grant amounts, HB 1744 ____ ___ .... 1352, 1357, 1530, 1725, 2459, 2647

Summerlin, W. Newsom; regrets at passing, SR 330 ._......_ ._.__.__.___._.__..,,.,,______737

Summerville, City of; new charter, HB 1751 .__...... 1115, 1124, 2242, 2253, 2446

Sumter County Court Clerks and Deputy Clerks;

compensation, HB 2044 _______________________________ ________1789, 1799, 2094, 2103, 2263

Sunday; change provisions relating to discharge of

firearms, SB 697 _________________ ,_____1430, 1532, 1723, 1876, 1900, 3023, 3024, 3060

Sunday Operation of Billiard Tables; repeal Act

prohibiting, SB 556 ____ __________________________________________________________________________________..__472

Sunday; repeal of law prohibiting discharge of firearms,

exceptions, SB 543 ___________________________________________________ 470, 503, 545, 600, 648, 654

Sunshine Law; open meetings required of public agencies,

prior notice of time and place, SB 585 ____..._. ..._______591

Superintendent of Schools; annual reports,

HB 1716 _____________ ______________________ __ ______1303, 1315, 1444, 1537, 1743, 2161, 2217

Superior Court Clerks; invest certain funds deposited

in registry, HB 583 .....

.2095, 2105, 2285, 2289

Superior Court Clerks' Retirement; change provisions,

SB 452 _______________________________________________ ..._.46, 308, 475, 508, 523, 1304, 2296, 3059

Superior Court Judges, Retired; compensation provisions for

certain service, SB 455 ...--.__...-- ____._.__ _____________________,._50

Superior Court Judges' Retirement System;

create, HB 308 _____________________________ _____1242, 1320, 1376, 1397, 1517, 1664, 2239

Superior Courts; assistant district attorneys, employ

secretary, SB 542 ____________________________________ ____________________._____470, 596, 643, 693, 716

Support of Child, Divorce Cases; change provisions,

SB 559 __.-_._________..-___________._-______________________.....___________499, 596, 644, 693, 737, 739

Support of Needy Parents; required of eighteen year olds, SB 561 _________ _ ..... 499

Surface Mining Act; additional powers to Natural Resources

Board, HB 1536 ___________________________________ 890, 899, 1179, 1247, 1326, 1451, 1485

Surface Waters; relating to limits and permits for withdrawal

or impoundment, SB 710 --____...--________._..--_________________...__________________. .___2422

Surplus Books; allow donation to certain nonprofit

organizations, SR 112 __________________ ___________________________________________ _..____.____.2383, 3061

Surveillance and Eavesdropping; certain activities not

unlawful, HB 1795 _______ ..__..._....... ............1228, 1239, 1533, 1725, 2460, 2652

Sykes, Sheriff Bobby; commend, SR 437 ____________________________ _. .____________________._._2086

Taliaferro County Superior Court Clerk; compensation,

HB 2008 ______________ .._._.. ____________________________,.__________________..._1708, 1714, 2425, 2437, 2709

Tallapoosa Judicial Circuit Judges; supplemental expense allowance,

HB 1067 ________________________________________________________________________________ 2242, 2251, 2440

Tallapoosa; reincorporate, HB 2093 ____________________________ 2208, 2211, 2425, 2438, 2713

Tangible Property Tax; provide for installment

payments, HB 1787 ... _______ 1513, 1526, 2093, 2098

Tangible Property Used in Commission of Felony; disposition,

SB 11

..._

. No action in 1976

Tarkenton, Fran; commend, SR 264 _______________________ __________..____..__________.______..._____.___._.....__73

3146

,

INDEX

Tax, Ad Valorem; cities and counties grant certain

exemptions, SR 113

...

No Senate action in 1976

Tax, Ad Valorem; city-owned property outside city limits subject to

tax, HB 1311 .............

___ 963, 966, 1358, 1447, 1545, 1685

Tax, Ad Valorem; exempt property of historical societies, SR 362 _...._____..__.._.__.___...__.____._.___._._._____..___.__________.____.___.____1123, 1358, 1446, 1545, 1679

Tax, Ad Valorem; exempt property of nonprofit home for aged, SR 42 ._-__--..----._-...-__.---._-------_._----.--------.-.._----_...2943, 2950, 3061

Tax, Ad Valorem; exempt property used as solar energy heating or

cooling system, SR 284 ...___...___.._____.268, 503, 546, 600, 648, 664, 2382, 2401, 3061

Tax, Ad Valorem; exempt tangible property stored in transit, SR 249 .... __________... 30

Tax, Ad Valorem; exempt tangible property stored in transit,

provide for local option, SR 260 _______________ 52, 251, 272, 317, 465, 479, 508, 547, 577

Tax, Ad Valorem; exempt tangible property stored in transit, provide

for local option, HR 398 ____.___..____.._.__.___1428, 1438, 1718, 1811, 2161, 2286, 2371

Tax, Ad Valorem for Schools; homestead exemption for 62 year

olds, certain income, SR 311 ............_............._._...._.................. ___ ___ ___ ________________591

Tax, Ad Valorem, Mobile Homes; procedures, SB 286 ___ ____ ___ _ 2943, 2953, 3060

Tax, Ad Valorem; mobile homes separate class, SR 82 .___ ______ __ ___2877, 2896, 3061

Tax, Ad Valorem; payment must precede litigation, HB 1813 _______.1514, 1526, 2093,

2099, 2738, 2900

Tax Affidavits; accompanying application for auto tags,

repeal Act, HB 1550 ........................... .................1425," 1436, 1721, 1809, 2160, 2189

Tax; allow General Assembly to classify real property, SR 259 ___. ...52, 234, 253,

275, 282

Tax Appraisers, Counties; salary supplement from State, certain

cases, HB 1033

...

_1424, 1435, 1718, 1808, 2285, 2290

Tax Assessors, County; change penalty provisions for unreturned

tax, HB 1385 . . . .

. .1119, 1129, 1441, 1535, 1743, 2160, 2185

Tax, Business and Professional; relating to real estate brokers,

SB 586 ........_._......_.-.._-.....-...-.....-..--_---591, 731, 770, 839, 861, 1793, 3059

Tax, Cigars and Cigarettes; repeal provision relating to selling

below cost price, HB 1944 ,,._..___..._._......___----_._--------... ... .__ __ __ ..1677, 1706

Tax Collectors and Tax Commissioners; minimum salaries,

HB 1017

....

.........1441, 1534, 1742, 1753, 1758, 2062

Tax Collectors; receive payments in night deposit boxes or by

electronic fund transfer system, SB 392 .................... .... ........ No action in 1976

Tax Commissioner and Collector; receipt of checks and money

orders, HB 1408 ----_----..._--.--------,,_----.1793, 1802, 2095, 2105, 2459, 2685

Tax Commissioners; authorized to transfer tax

fi. fas., SB 181 ______________________.____.._--------__-__.---- _________ .... ___No action in 1976

Tax Credit, Federal Welfare Recipient Employment; urge

employers to utilize, HR 992 ______ _________ ______________________ _____ _ __________ ____ 2877, 2942

Tax Due Notices; include certain notices, HB 1428 _____ 1424, 1435, 1718, 1809, 2285,

2384, 2943, 2964

Tax Equalization Boards; change appeal provisions,

SB 533 _._.__----------------._----__..__------ __ ...............267, 503, 545, 600, 648, 650

Tax Equalization Boards; change time for filing appeal

notice, HB 1377 ____________________________________________.___807, 815, 1177, 1246, 1326, 1376, 1418

Tax Equalization Boards, Counties; change qualifications for

membership, HB 1376 ________________________807, 815, 1177, 1246, 1326, 1451, 1545, 1686,

2316, 2415, 2484, 2637, 2879, 3054

Tax Equalization Boards, Counties; qualifications of members,

SB 499 .

.. . .

______ 246, 477, 506, 548, 563

Tax Equalization Boards; provide for absence of members at

meetings, HB 1325 .----..................----.............--.........301, 305, 733, 771, 840, 870

INDEX

3147

Tax, Estate; time for filing returns and documents,

HB 781 ...............

.. .. 2060, 2080, 2241, 2248, 2459, 2467

Tax, Income; actual number of exemptions must be claimed,

SB 422 _._._._.___._____._..___..__.____._..__._______.__...______._._.29, 72, 542, 598, 648, 657, 737, 738

Tax, Income; amend sections relating to administration expenses

and annual budget sheets, HB 782 _.___....____._.241, 257, 275, 276, 967, 1051, 1137,

1138, 1353, 1380, 1504, 1506, 1665, 2191, 2421

Tax, Income; armed forces members, repeal Act providing for abatement

upon death, HB 1238 ____._-.____...-_.._....__________..______.___._._.226, 232, 765, 823, 909, 940

Tax, Income; explanation of personal exemptions,

HB 490 __._......__...._.... 49, 52, 817, 906, 976, 1005

Tax, Income, Local Option; change referendum election provisions,

SB 567 --_______._..-_____.______-_.--.-___________....___....-__ 537, 764, 820, 909, 926, 962, 1021

Tax, License and Occupation; revise amount for corporations,

HB 1990 ........ __....._._.....__.._._..._ 2221, 2235, 2423, 2431, 2738, 2924

Tax, Motor Fuel; repeal subsection on certain watercraft,

HB 1240 ._.._._____..__.____._._____....__........-.__..-__._...-.____.-.____-.226, 232, 765, 823, 909, 942

Tax on Corporations; clarification of deductions,

HB 1379 _______..._._._._._____.___._____.__....___.___.___.____-..___..2089, 2091, 2241, 2249, 2738, 2799

Tax on Obscene Materials; additional exemptions, HB 1245 ...._..._._.... 227, 233, 765,

823, 909, 944

Tax on Personal Property; repeal Act exempting Armed Forces

members from certain penalties, HB 1237 ___.____._______226, 232, 765, 823, 909, 939

Tax on Tangible Property; provide for installment payments,

HB 1787 ........._.____...... ..... ,,_.---------_- 1513, 1526, 2093, 2098

Tax, Professional; remove limitation on amount, SB 550 ___.._._____.._-___.__-...____--__.__471

Tax, Property; additional requirements for fair market

value, SB 707 ____.__________.__.._.. ..____.__.._1713, 2093, 2097, 2285, 2292, 2993, 3015, 3060

Tax, Property; same for inventory as tangible personal

property, SR 58 ._..__.._...._...__._____.____..__----------_ No Senate action in 1976

Tax Revision Study Commission; create, SR 127 _....__...--...No Senate action in 1976

Taxation, Income; conform to U.S. Internal Revenue Code,

HB 1562 ____________..______..__.-_______.-..,, _____._-.___.-.-._.____-759, 764, 818, 907, 976, 1010

Taxation of Property; revise 1937 Act classifying,

HB 1572 _____.....-_____-_-____-__....--_-.-_-____ _.____-.....-1228, 1238, 1358, 1447, 1545, 1691

Taxes Due State, County; change rate of interest, SB 212 ................No action in 1976

Taxes; fair market value, definition, HB 1648 ............2089, 2092, 2241, 2249, 2738,

2873, 2891, 2928

Taxes, Parks; repeal exemption granted certain Confederate

soldiers, HB 1236 ....................................... _...___....._._.... 226, 232, 765, 822, 909, 938

Taxicabs; redefine "owner" under no-fault automobile insurance

law, HB 707 .-_.__......_........_...............-......---......._..-....-.........-...............-_.......92

Taxidermist License; provide, HB 1668 ___._..__.__.. 2238, 2240, 2428, 2435, 2738, 2874

Taylor, Samuel E.; regrets at passing, SR 424 ________.__________..__________._______.__.._______.___.2085

Teacher Sick Leave; maximum days accumulated, SB 443 ........44, 504, 544, 599, 616

Teachers' and Employees' Retirement System; continued

investigation, SR 275

.........._ .... ..... ...... .251

Teachers, Health Insurance Plan; urge early funding,

SR 256 ...._._.........__..._..___..._._...__........_._......._....._.___....___.._...46, 504, 546, 600, 648, 661

Teachers, Principals; provisions for administering corporal

punishment, SB 445 ....._......_...._.._._.._..........._.._...._.._........_..__..45, 269, 308, 479, 481

Teachers, Principals; relieving those indicted criminally,

SB 429 ................... 42, 269, 308, 479, 480

Teachers; provide for maternity leave of absence,

HB 1369 .._.....__.._....._.__.._._....._.......__.._.......__..1119, 1128, 1444, 1535, 1743, 1756, 1936

Teachers' Retirement; additional postretirement benefit

adjustment, HB 158 .......... ______ _____________.___________________.____.._____1795, 1804, 2247, 2256

3148

INDEX

Teachers' Retirement; change minimum benefit provisions, SB 518 ------...............250

Teachers' Retirement; change provisions relative to interest, SB 449 -._--_-_--_.-.--_.-------__--____-__-_--__..45, 478, 506, 547, 552

Teachers' Retirement; creditable service for leaves of absence, HB 1302 ................................1300, 1313, 1445, 1535, 1743, 2160, 2178, 2405, 2651

Teachers' Retirement; retirement with less than 10 years, SB 451 ____----------__----------------------------__------. .45, 478, 506, 547, 560

Teachers' Retirement; service necessary for retirement, SB 450 ....... --.----------.45

Teachers' Retirement System; benefits vest after 10 years,

SB 97 -___-_._._-_-____-,-__-_-._.------_----------------------_----..No action in 1976

Teachers' Retirement System Board of Trustees; composition,

SB 513 ----------_--_..------.----_----.--------------------_------249, 767, 820, 909, 923

Teachers' Retirement System; change disability provisions,

SB 75 .--------.----- ............ .....................No action in 1976

Teachers' Retirement System; cost of living increase in benefits,

SB 90 ...

- .------------ ....----------

No action in 1976

Teachers' Retirement System; management and investment of funds,

SB 515 _.--.-.--._-----.-_-_.-._.-._-.__--_-._----_-..----_-..__...._._-._.. .............249

Teachers' Retirement System; minimum benefits for certain

members, SB 493 -____.___.----... ------..__.__--------. ........... .......... ........ ...... 246, 1134

Teachers' Retirement System; option of being member of local

fund, SB 487 .._......----..........................----..._.............. .229, 597, 642, 692, 737, 752

Teachers' Retirement System; optional programs, SB 98 ....___..... . .No action in 1976

Teachers' Retirement System; property investments, assets

exempt from tax, HB 1412 ...... ........................1301, 1313, 1807, 1828, 2459, 2478

Teachers, Sick Leave for; certain school systems, SB 183 ............ .. ... ............732

Telecommunication Service; unlawful to avoid payment,

HB 1927 .-_--.-___..__..------------_----_------ . 1303, 1316, 1532, 1725, 2286, 2355

Telephone Answering Service; notification of suspension of

services, SB 633 ... .............................. ..... ..._.._...............894, 1035, 1134, 1190, 1205

Telephone Center Ladies; appreciation to, SR 448 ... ............... ... ........ ..2345

Telephone Companies; publish directories in 10-pt. Body

Type, SB 535

. ......_.___.----_---------

..............302

Television, Community Antenna Systems; considered project under

Development Authorities Law, HB 1336 ....... 963, 966, 1177, 1245, 1326, 1376,

1450, 1477

Telfair County Commissioner; compensation, HB 1836 ........... 1162, 1171, 2243,

2254, 2447

Telfair County Probate Court Judge; compensation,

HB 1835 .___------_.__.---------------------------.1162, 1171, 2243, 2254, 2447

Telfair County Sheriff; compensation, HB 1832 ............1162, 1170, 2242, 2253, 2446

Telfair County Superior Court Clerk; compensation,

HB 1834 ------_------_--------.--------------------------1162, 1171, 2242, 2254, 2447

Telfair County Tax Commissioner; compensation, HB 1833 .... ... 1162, 1171, 2242,

2253, 2446

Tenancy in Common; right of survivorship between joint

tenants, SB 489 _----._................------........... ..229, 766, 820, 909, 915, 2483, 3060

Tenant Holding Over; judge receive oath to facts to issue dispossessory

warrant, HB 1599 ...._...........__......................----......................1302, 1314, 2245, 2257

Tenants and Landlord; tenant rights, HB 1042 ............... . ...1118, 1128, 2427, 2429

Tenants Holding Over; proceedings against,

SB 411 ------.----------------.----..............-.27, 477, 505, 547, 551, 1828, 2160, 2161

Tenants; landlords account for interest on security deposit,

SB 472 ____------__--------70, 477, 506, 547, 551, 733, 777, 780, 2484, 2663, 3060

Terrell County Deputy Sheriff; compensation,

HB 2062 ------.-------------------------------------1790, 1800, 2094, 2103, 2263

INDEX

3149

Testimony, Death Sentence Cases; transcript prepared within certain

time, HB 1148 .

______ _____..______721, 728, 1178, 1244, 1325, 1450, 1471

Textbooks for Use in Public Schools; committees to examine, SB 600 _____,,__,,_._________682

The Farmer; praise, SR 454

....,,.._...__..,,.._._____.._.. 2455

Theft; breaking and entering auto, penalty provisions,

SB 198

..,,--_.__-._.._..-,,...._--.._.. ... _____ 498, 583, 887

Theft; relating to illegal use of funds intended for real

property improvement, HB 1258 ____________1228, 1236, 1720, 1808, 2160, 2459, 2470

Third-Party Practice; venue of civil actions, SR 44 ____________ No Senate action in 1976

Thomaston-Upson County Board of Education; joint secondary

board of education, HR 625 _________________________________________.809, 817, 1133, 1185, 1270

Tift County Board of Commissioners; compensation,

HB 1996 _________..____...__.____,,___--_ -_____-...____--_____._.-.________1512, 1523, 1805, 1831, 2113

Tift County Development Authority; increase interest rate on

bonds, HB 1522 _______________________ _..__________________..________________________534, 539, 731, 775, 827

Tift County Education Board; election of members,

HB 1525 _____...__,,___,,.___..__ ___.___.____:......____,,._____...__________________ 633, 639, 731, 775, 828

Timber, Paint to Mark; remain effective 12 months,

SB 580 _____________________________________________________ ________590, 730, 769, 839, 860, 2418, 3060

Title Insurance Act; enact, HB 449 ___-_-_____-_-_______-_-__________________._.____No action in 1976

Toccoa, City of; change corporate limits, HB 2085 ___.____1909, 2083, 2243, 2255, 2450

Toccoa, City of; election date, HB 1818 _____________________ ___.___1118,1128, 1241, 1324, 1369

"Today in Georgia" Program; commend, SR 452 _______.--______.---___..___________.--.___.___.2455

Toles; Hugh M.; compensate, HR 593 ______________________________._1304, 1317, 1529, 1726, 1928

Toombs County Board of Commissioners; compensation,

HB 1767 ... _________..____._-_____--_______..___.___.-_____--___ ____1116, 1125, 1241, 1322, 1365

Toombs County Commissioners; residency requirements,

HB 1766 ____ ________________________________________ __________._________1116, 1125, 1241, 1322, 1374

Toombs Judicial Circuit Assistant District Attorney; create

HB 1917 - -_ ... - ______________________________ __..___________.____1299, 1311, 1530, 1729, 1823

Tort Liability of Parents; change provisions, SB 520 __.....___..______________.__._250

Towns County; conveyance of certain State-owned property,

HR 742 __________________________________ __. _______________ ____..__1166, 1176, 1359, 1449, 1545, 1702

Towns County Probate Judge; compensation, HB 1133 __------___. No action in 1976

Towns County Sheriff; compensation, HB 1131 __-____._.____.__._____1240, 1321, 1371, 1518

Towns County Superior Court Clerk; compensation, HB 1132 _______ No action in 1976

Towns, Forrest "Speck"; commend, HR 653 ____._.______________________.___________________________637, 648

Trade Mark Owners; repeal Act protecting, HB 1259 __...___87, 92, 270, 309, 479, 485

Traffic Lights; left turn allowed on red from one-way street

onto one-way street, SB 539 _.___________.__--____-__.._______.___.__. 304, 819, 905, 976, 1024

Traffic on Highways Act; exempt certain trailers carrying machinery

from inspection provisions, HB 1789 ___.________________________________1514, 1526, 1721, 1810

Traffic on Highways; provide for inspection stickers on replacement

of windshield, HB 1529 _____________ ________.___________.________..__635, 641, 687, 736, 777, 800

Trailers Carrying Certain Machinery; exempt from inspection

requirements, HB 1789 __ ______________ _,,____ ______-._.._______.______..1514, 1526, 1721, 1810

Transit Systems, Public; certain acts prohibited while riding,

HB 1583

,,

______________________ 1301, 1314, 1721, 1810, 2161, 2213, 2419

Transportation Code; amend relating to property management when

held for public road purposes, SB 65 -----...__----_-_,,----__-No Senate action in 1976

Transportation Code; amend to provide for purchase and operation

of special aircraft, certain departments, HB 1841 ________ 1352, 1357, 1721, 1811,

1877, 2075, 2209

Transportation Code; change permit provisions relating to

outdoor advertising, SB 661 ______..__.___.____1167, 1360, 1445, 1545, 1676, 2702, 3060

Transportation Code; permits to transport 14-foot wide

mobile homes, SB 442 ____________________________________________________________________ 44, 53, 93, 96, 98

3150

INDEX

Transportation Code; revise definition of "public road"; expanded

authority on certain contracts, SB 575 _._._____,,.___589, 687, 735, 777, 791, 2370,

2404, 3059

Transportation Department; assume liability for ports and

harbors, SB 410 ....._....._....__._._..._......._..._.._...._.._..... No action in 1976

Transportation Department Enforcement Officers; duties and

powers, SB 572 .__._..........._................__....._....__.....588, 687, 735, 777, 790, 2368, 3060

Transportation Department; leases of air rights to cities,

nominal charge, SB 555 -...._...._..-- _...,,._...._.,,..__.

472, 564

Transportation Department; urged to continue work studies on West

Georgia Tollway, SR 38 ...... ......_._.__.-- ....._.......... ..262

Transportation, Federal Funds to Aid; General Assembly administer

and disburse, HR 803 ..._....-........__.....__.._......_...2090, 2092, 2248, 2251, 2460, 2661

Trial and Post-Trial Procedures; consolidation of

actions, HB 1319 ..... .... ........ ..... ............... 87, 92, 1359

Troubled Children Study Committee; create,

SR 315 ..__.....-..-_....-...-_..._.....--___.__-_._.........638, 1034, 1135, 1190, 1217, 2704, 3061

Troup County; conveyance of certain real property,

HR 673 .______________________.__._______..____.________.._____.___..____.1166, 1175, 1359, 1449, 1545, 1700

Troup County Small Claims Court; change judge's jurisdiction,

HB 1929 ....-_.___-__-.___.-..._....___.__..._...-....-_.._-.-.......___.1300, 1312, 1530, 1729, 1824

Troup County State Court; change judge's qualifications,

HB 1930 ....__...-..-........._....._..._-..._.._-_._....._._.__......-......1300, 1312, 1530, 1729, 1824

Trucks Transporting Forest Products; change provisions,

HB 1731 _____._.________.._.__.___..___.___.___________._____-__._____1351, 1357, 1721, 1810, 2161, 2218

Trust Company Acting as Fiduciary; additional institutions

same powers, HB 1301 .__.___.--_._..._--__.___.___.___-496, 501, 1177, 1245, 1326, 1376, 1389

Trust; property transferred to State as payment does not create

trust, HB 922 ...._...__....-.__..__..___.._.._.-.....__...___...._.._._____._._.88, 91, 252, 272, 317, 466

Trustees; invest certain funds at surviving spouse's directions,

HB 1771 __._.__.._.._-_-___.__--__-.___..-_-_-..___.__.._-1301, 1315, 1441, 1537, 1743, 2161, 2219

Trustees; invest in guaranteed Small Business Administration

loans, SB 462

....... ..51, 503, 544, 599, 620, 1710, 3060

Trusts, Wills; relieve fiduciary of certain duties,

HB 2015 .........._...._._......-.._..........._._......._.___.....__..2061, 2083, 2427, 2436, 2738, 2925

Tuition Increases, University System; 60 days notification,

HB 1607 ___.___.__.___._-_-_.-_.___..--_-_._.----_--_-_---_---1164, 1174, 2244, 2258

Tuition, University System Colleges; free to senior citizens,

SR 14 -_..........._..__.._.-........_._.........--......-__-...-_--_._--...._-..._._..._.._..___._-.-903

Turner County Small Claims Court; change jurisidiction,

HB 1825 ........_....._.___.....__..___.........._._.-.__.._-..-_._.._...._..1420, 1431, 1718, 1813, 1838

u

Unclaimed Property Act; time to presume abandoned, HB 542 ........... 270, 309, 479, 483, 536
Unemployment Compensation; disqualification for benefits, SB 488 ............................................................229, 1178, 1242, 1325, 1327, 1499, 1502
Unemployment Compensation; increase weekly amounts, SB 12 ________-__.__.__._...__733 Unemployment Compensation Law; benefit table, HB 1367 ________721, 728, 1178, 1246,
1326, 1876,1937, 2080, 2088, 2405, 2416, 2456, 2680, 2687, 2969, 3054
Uninsured Motor Vehicle Coverage; bankruptcy not bar claim, HB 2100 ...._......-_...__.._.-..__--...._-_-_._._----2238, 2240, 2427, 2431, 2737, 2786, 3058

INDEX

3151

Union Camp Corporation; Government grant certain State land, HR 567 _____________________________________________________ _-.____681, 686, 734, 772, 840, 881
Union County Treasurer; appointment to another office, HB 1754 ________________________________________________________________ 1161, 1170, 1442, 1538, 1734
United Daughters of Confederacy; conditional conveyance of property to Irwin County, HR 745 __________ ________1516, 1527, 1806, 1832, 2161, 2231
United States Postal Service; relative to, SR 456 ______________________________ _____ _____._.._._2690 Universities Outside State System; change definitions relating
to student grants, SB 596 ________________ 681, 903, 968, 1051, 1088, 2370, 2400, 3060 Universities, Private; certain persons hired as police officers, SB 490 ____________229 University Degree; minimum value $10,000, SB 686 _______ 1308, 1530, 1723, 1876, 1896 University of Georgia College of Veterinary Medicine Advisory
Board; membership, SB 486 ... ___________________________ 228, 476, 506, 548, 562, 1710, 3059 University of Georgia Football Team; commend, SR 276 ______ ____________ _______._..._______.255 University System; applicability of "sovereign immunity" doctrine
to Board of Regents, SB 537 ________________________ 303, 476, 507, 548, 567, 2418, 3060 University System; free tuition to senior citizens, SR 14 ._______.._._ _ _________.______903 University System; grants to students attending outside schools,
change amounts, HB 1744 ___________________ _______1352, 1357, 1530, 1725, 2459, 2647 University System; Regents urged to devise continuing system for salary
increases for personnel, SR 287 ______.__._._____________________..._____.._268, 476, 507, 548, 570 University System; repeal Code section relating to females admitted
to branch colleges, SB 681 ____________________________________.__.____1307, 1532, 1723, 1876, 1895,
1935, 2702, 3061 University System Schools; 62-year-olds attend tuition-free, certain
cases, HR 494 _________________________________________________ 808, 817, 1530, 1725, 2161, 2224, 2420 University System Tution Increase; 60 days notification,
HB 1607 ___-.-,,______-..__._...,,__ 1164, 1174, 2244, 2258 Unpaid Ad Valorem Tax on Motor Vehicles; tax commissioner's
power and duties, SB 227 .___________.___-..-____...-____________....____________....No action in 1976 Upson County Probate Court; clerk, personnel, compensation,
HB 1743 ____________ _..._.__________....____________._______________________._..____891, 898, 1133, 1184, 1257 Upson County Probate Court Judge; appoint clerk, HB 1742 ______________ 891, 898, 1133,
1183, 1256 Upson County-Thomaston; joint secondary board of education,
HR 625 ______ __________________________________________________________ 809, 817, 1133, 1185, 1270 Urban Redevelopment Act; amend relating to loans and grants from
Federal funds received, HB 1464 __ _._..........__...__1229, 1237, 1441, 1535, 1743, 1764 Used Motor Vehicle Parts Dealer Registration Act; change
certain definitions, HB 1628 _____ ____________.._____.__1425, 1436, 1721, 1810, 2459, 2643 Used Motor Vehicle, Sale by Nonresidents; repeal Act,
HB 1548 .-_...._____ ____. ______1228, 1238, 1360, 1447, 1545, 1691 Usery, Basil H.; commend, SR 426 -_______-.___._.____________________....____________..._...._...........2085 Usery, Honorable W. J., Jr.; commend, SR 421 __________________________________ ____._...._.____..__2085 Usery, W. J. "Bill", Jr.; commend, SR 297 __________________________________________________.__......____467 U. S. Forest Service, State Land Owned by; relative to, SR 293 ...... ______________ ____304 Utilities, Public; destroying property of unlawful,
SB 557 ____________________________ ___ ____________473, 596, 644, 693, 737, 739, 2963, 2965, 3059 Utility Contractors; regulation, licensing, SB 508 _._..._._.__________248, 595, 643, 692, 705 Utility Rate Changes; require publication of proposed changes, SB 159 __,,_____._.475 Uvalda, Town of; granting of franchises, HB 1306 _____ _________________87, 91, 252, 274, 313

V

Valdosta; new charter, HB 2060 _________________________ 1790, 1800, 2094, 2103, 2281, 2420 Vehicles, Off-Road; regulation, SB 353 ___________________________________________ 809, 1106

3152

INDEX

Vehicles Transporting Malt Beverages Illegally; declared contraband, HB 784 _._._____._.______._______._____.__.__._227, 233, 967, 1035, 1138, 1151, 1428
Venue; provisions relating to certain suits against Public Service Commission, SB 414 .__.____.__._____________..____.___._______._______.28, 71, 93, 97, 102, 2418, 3059
Veteran, Disabled; vehicle tax exemption, SR 251 .______....._._.31, 1318, 1361, 1450, 1459
Veterans; academic requirements in colleges, SR 146 ___________.________..__No action in 1976
Veterans and Spouse; honorary driver's license, SB 168 ....No Senate action in 1976
Veterans, Disabled; increase homestead exemption, certain cases, SR 283 ___.___..._..___.__...__..._..____...._.__-...____._.._____._______...._________268, 503, 546, 600, 648, 662
Veterans Education Reorganization Act; provide for exemption from physical education in college, SB 385 ___________________.___._______.No action in 1976
Veterans, Korean; time extension for filing income tax, repeal, HB 1239 __._..__.______________...._._._._______..____..___...____.._.________._____226, 232, 765, 823, 909, 941
Veterans; no benefits or privileges without honorable discharge, HB 656 ._........_.__..__.___.._.._....._.___......__...____......__.__...__......._.____....__.._._.No action in 1976
Veterans, Wartime; permanent honorary hunting and fishing licenses, SB 438 ._....__.._......_.._....._..__._...._..-_._.._.._........_.....43, 1318, 1360, 1450, 1500
Veterinary Medicine College Advisory Board, University of Georgia; change membership, SB 486 ......_._._.228, 476, 506, 548, 562, 1710, 3059
Veto by Governor; change time period allowed, SR 252 .,,..._.._...,,...,,. 46, 503, 546, 600, 648, 658
Vetoes By Governor, 1975 Session __.........._._.._____._--___.--.....__..........._......_.._...........__.. 19 Vidalia; granting of franchises, permits, rights-of-way,
HB 1666 ......_.............._.....___...__.....___......_..__......___.__.._........_.805, 812, 1133, 1182, 1253 Vidalia; repeal primary election provisions, HB 1665 ........805, 812, 1133, 1182, 1253 Visitation Rights; grandparents of minor child,
HB 171 __.._.___--.____._.._______-__.._...._____..________.___536, 540, 733, 770, 840, 867, 888, 975, 978 Visual Care Overview Committee; create, SR 292 --.__..---.._,,....._.....__.......__._,...._..,,304 Visual Care Practitioners, Licensed; freedom of choice by patients, SB 474 ........89 Visual Care; prohibit discrimination against licensed optometrists,
HB 88 ._.._...............__...._.._.._.......__.......__...__..__.....__..__.._..........469, 473, 903, 969, 1051 Vital Records; change provisions relating to copies of
death certificates, HB 1514 __.._..___...._.___.___.___.__..1709, 1715, 2245, 2257, 2459, 2505 Vital Records; probate courts authority to make changes,
HB 1561 ..........__.__...._._...____.............._..._.._...._...._....1513, 1525, 2096, 2099, 2286, 2323 Vital Records; provisions for birth certificates for adopted
persons born outside United States, SB 671 ....._..__.... .1232, 1359, 1446, 1545, 1678 Vocational Education in Georgia; urging increased emphasis,
HR 991 _......._...._..........__.._._._-_._._..._._................_...__....._._....._........_.._...... ........2877, 2942 Vocational School personnel; sick leave,
HB 1366 _....._..................._.._...___.._......_._.... 1229, 1236, 1444, 1535, 1743, 2285, 2310 Volunteers in Criminal Justice, National Forum; welcome, SR 367 _--__..--.___.1188 Vote Recount; procedures for General Assembly election, certain
cases, HB 300 __........_..........._..........__................._...__.._.......88, 91, 765, 821, 909, 930 Voter Registration; amend Code relating to deadlines,
HB 1987 .............._..__..._......_........._....._....._......__...._1303, 1316, 2426, 2431, 2739, 2939 Voter Registration; change appointment procedures for
registrars, HB 835 ......_.._..._..-._..._._..._........_..........._..._................_.No action in 1976 Voter Registration; require uniform registration card,
HB 681 ..........................._..........................._....._.1122, 1131, 1358, 1446, 1545, 1681 Voters, Disqualified; court clerk file list with election registrar, SB 258 .... .......270 Voting Machines; change number to be provided, HB 989 ............88, 91, 2426, 2429,
2738, 2937 Vouchers, General Assembly Members; change certification
procedures, SB 504 ........._......................247, 819, 905, 976, 1001, 2368, 2396, 3060

INDEX

3153

w

WPLO AM and FM; commend, SR 461 ...

... ........_................................ 2691

WWGA Radio; commend, SR 433 . ............ .... ........ ... ........ ...... ... .2086

Wade, Lyndon A.; commend, SR 445 ........

. ... ............ .......... .2233

Wages, Buying; repeal Code Section providing for

fees, HB 1233 ...... _...._..._...._.._..........

..225, 231, 765, 822, 909, 935

Wages; payment to spouse of either sex,

SB 679 ______.._________.. ....... . .

.... ... . 1306, 1532, 1723, 1876, 1894, 1934

Walker County Superior Court Clerk; compensation of deputies, clerks, HB 1999 .................. .1512, 1524, 1805, 1832, 2113

Walker County Tax Commissioner; compensation of deputies,

clerks, HB 1998 ....... ......._....

........... ..1512, 1523, 1805, 1832, 2113

Wall, Daniel; compensate, HR 743 ................. . 1305, 1318, 1529, 1726, 1932

Wallace, Sam; regrets at passing, SR 474 ....__..........................._..... ._.._....._.2942

Walton County Small Claims Court; jurisdictional

amount, HB 1546 ._......

.... . ............_..........

633, 639, 732, 775, 829

Ward, Mrs. Ruth LeFlore; regrets at passing, SR 368 .................. ......

1188

Ware County Board of Commissioners; compensation,

create office of County Manager,

HB 2082 .. ......... ....................................

. . 2207, 2210, 2425, 2438, 2713

Ware County Board of Commissioners; duties, powers and

authority, HB 2090 ........................ .... .......... . ...2208,2210

Ware County Board of Commissioners; recall,

HB 2083 ............ .............. .......... . .... ..... .... ... 2207, 2210, 2425, 2438, 2713

Ware County Officials; procedures for recall,

HR 859 .............. ................ ..... ... ... ....... 1909, 2084, 2425, 2439, 2771, 3053

Warm Air Heating Contractors Board of Examination;

composition, HB 1704 .............. ......... .. 1710, 1715, 2245, 2249, 2459, 2645

Warner Robins; change corporate limits, HB 2041 .. 1789, 1799, 2094, 2103, 2262

Warner Robins, City of; change vacancy

provisions, HB 1757 . .................. ...........1115, 1124, 2424, 2436, 2714, 3058

Warranty Deeds; grantee's address required,

SB 339 .................... ......-----_-----_--_--.-----.___._..._.______.__._._. No action in 1976

Warren County, Bicentennial Celebration; relative to, SR 408 . .....,,.._..___.1817

Warren County; election on establishing multi-member Board

of Commission, HB 1890 . . . .......................... 1298, 1309, 1529, 1727, 1819

Warren County Probate Court Judge; employ clerical

help, HB 2032 ............ . . ............... ....... 1788, 1798, 2094, 2102, 2262

Washington County, Bicentennial Celebration; relative to, SR 407 ........ .. .1817

Washington County Small Claims Court;

change civil jurisdiction, HB 1870 ........ ....... 1227, 1235, 1443, 1541, 1739

Wassell, Tom; commend, SR 440

. ....... ...................... 2160

Water, Companies Doing Business; tax returns,

HB 391 .............I..................... .

.... 543,598,649,675

Water Quality Control Act; permissible limits of surface

water usage, SB 710 ........ . ...

... ......

................... 2422

Water Resources Study Committee; create, SR 418 ....... ... 2090, 2246, 2345

Water Vessels, Regulation and Numbering; application

accompanied by proof of taxes paid, SB 663 . .. ... ... . .. . .

1168

Water Well Standards Act; enact, HB 422 ...... 1710, 1715, 2096, 2100, 2459, 2465,

2700

Waters, Mr. Howard D.; commend, SR 278 ..... . . .................. ................... .255

Watkins, Richard Wright, Sr.; regrets at passing, SR 422 ...

2085

3154

INDEX

Watkinsville, Town of; mayor and council appoint person to preside over mayor's court, HB 1842 __________________ 1162, 1172, 1443, 1539, 1736

Wayne County Board of Hospital Authority; appointment of members, HB 2072 _________ __________________________________ _ 1791, 1801, 2243, 2255, 2449

Wayne County; levy tax for industrial development purposes,

HR 623 .

______ _________________________________ 808, 817, 1719, 1816, 1913

Waynesboro, City of; new charter, SB 699 _______ ____1519, 1718, 1811, 1845, 2482, 3060

"We the People" Painting; relative to, SR 334 ____________ ______ _________ ...............776

Weapons; change pistol licensing requirements,

SB 673

,,. _______ ______ ____1233, 1358, 1446, 1544, 1665, 2967, 3009, 3060

Weapons; exempt superior court judges from prohibitions against carrying, SB 432 _____________ ______________ _________ _ 42, 733, 768, 839, 882

Weapons Used in Commission of Crime; destruction of, SB 280 _____ . ______301, 532 Welfare Programs Study Committee; create, SR 379 _________ _____________ ___1355 West Georgia Tollway; urge continuation of work studies, SR 38 __............. 262 Western Judicial Circuit of Georgia; additional
judge, SB 703 __________________________ 1519, 1720, 1807, 1876, 1901, 3023, 3029, 3060 White Plains Mayor and Councilmen; terms of office,
HB 1455 _______________________ _________________ _________________________ ______633, 639, 731, 774, 827 Whitfield County Small Claims Court; create,
HR 846 ___________________________ _____________________________________ ________.__1794, 1804, 2094, 2105, 2340 Whitney, John Hay; wishing speedy recovery, HR 849 ____________ _________1518, 1544 Wildlife Ranger; circumstance for retaining weapon and
badge, HB 1848 _____ ______ _______ .........1165, 1175, 1532, 1725, 2286, 2353, 2405 Wilkes County; conveyance of certain State-owned
property, SR 324 ___________________________ _____.________726, 818, 906, 976, 1020, 1517, 3059 Wilkes County Small Claims Court; change jurisdiction,
SB 660 _____________________________________ _____ _______1123, 1240, 1321, 1363, 1909, 3059

Williams, Christie; address __ ___________________________________________________________ _____._______________1325 Wills, Estates; legality, provisions for time of effect, SB 684 ____ ............. ...1307 Wills, Estates; procedures in cases of missing persons,
HB 1282 ________________________________ _______ ____________ ______1295, 1308, 2245, 2257, 2459, 2475 Wills; order admitting to record granted at time of
probate, SB 67 ___________ ______________ _________________________________________ _ No action in 1976 Wills; pertaining to year's support, HB 1545 ____ __2060, 2081, 2427, 2430, 2738, 2802 Wills; procedures for testimony of witnesses,
HB 1326 __________________________ _______ _______ ________ 301, 305, 1178, 1245, 1326, 1450, 1476 Wills, Trusts; relieve fiduciary of certain duties,
HB 2015 _________________________________________________ ______2061, 2083, 2427, 2436, 2738, 2925 Wilson, Bill; commend, SR 467 ____________________ _____ ______________________________________ ______2880

Wine Brands, Shipment and Sale; records open to public, HB 1387 _______________ ______________________________________________ ______535, 541, 818, 906, 976, 1007

Wine; sale in various container size by certain common

carriers, HB 1395 _________________ ______.______._______________680, 685, 1132, 1186, 1273, 1281

Witnesses, Criminal Proceedings; provide for appearances from

without the State, SB 468 __________ ____ ________ _ 69, 252, 272, 316, 459, 2418, 3059

Wood, Reverend Wyman E.; commend, SR 291 ____________ ___________________ ______.________297

Wooley, Dr. Richard E.; compensate,

HR 518 __________________________________.____________1304, 1317, 1529, 1726, 1926, 2237, 2314

Working Reserve; create Revenue Short-Pall Reserve from annual

surplus, SB 466 _______________________________.____69, 233, 253, 275, 287, 2370, 2375, 3059

Workmen's Compensation; certain benefits to State employees

totally incapacitated, SB 637

......______________ 964

Workmen's Compensation; coverage on certain elected officials,

SB 588 .____________,,.._______._________.._____________.._______.________________.____637, 733, 770, 839, 862

INDEX

3155

Workmen's Compensation Law Study Committee, Joint; create, SR 319 ____-.__._____.._...___ .--____________...__.____-....__._____...________.639, 733, 770, 840, 864
Workmen's Compensation Trust Fund, Subsequent Injury; establish, SR 71 ........... . ........ .. .. _............._._.__..... 476, 507, 548, 568, 3056, 3061
World Food Crisis; relating to, SR 69 .. . - ........_._...._... .....___...... No action in 1976 Worship, Day of; employees not required to work, SB 476 ............__......... ....... 89 Wyatt, John Whitlow; commend, SR 436 ........ .................... ...... .............2086

Y

YMCA Youth Assembly, State; commend, HR 774 . . ...... ........ .....1167, 1273

Year's Support; party identification on application,

HB 1545 .. .......... ........ ... ............. ...

2060, 2081, 2427, 2430, 2738, 2802

Yeomans, Honorable Herman G.; regrets at passing, SR 301 ......... .---.......--479

Young Adult Involvement Study Committee; create, SR 449 .._....._ ....... _____ 2345

Youth Assembly, YMCA; commend, HR 774 ....._..............._..__..............___.....1167, 1273

Youthful Offender; reassignment by Board of Corrections,

SB 430 ____________________ ......_..._._................_..._..._....... .__________.42, 235, 254, 275, 278

z

Zoning Adjustment Board Decisions; civic associations may appeal

decisions, SB 623

.............

.......

811

Zoning Appeals Board Decisions; civic associations may appeal

decisions, SB 622 _........_......_............._..........___......_._..............._.._..._ _____________ 811

3156

INDEX

PART II

SENATE BILLS AND RESOLUTIONS

SB

5--Bad Checks; change violation provisions

and punishment

.... -- .

No action in 1976

SB

9--Retirement Legislation; fiscal notes attached to

enrolled copy

....

No action in 1976

SB 11--Tangible Property Used in Commission of Felony;

disposition ......--

.....___.--____.._ No action in 1976

SB 12--Unemployment Compensation; increase weekly amounts .._..._.. .....733

SB 14--Natural Resources Planning; create council

to administer -...______-..__._____,,--,,____,,_.

.

No action in 1976

SB 18--Criminal Cases; mandatory death penalty for

murder ronviction .. ......_...__._........_...._...__......._......._......No action in 1976

SB 19--Junk Dealers; keep records on bronze

cemetery items ___..._..,,......__..._.___.._...._.___......_..... No Senate action in 1976

SB 21--Barber's License; change requirements . ....No Senate action in 1976

SB 23--City of Augusta; employees' retirement system,

change age ._.._._.. ....... .

. No action in 1976

SB 35--State Agencies; efficiency evaluation made by

Office of Planning and Budget _----......_--..... ..-- ........No action in 1976

SB 39--Legal Advertisements; provide for proof

of publication -..--.__--............. No Senate action in 1976

SB 46--Firemen; certain injuries, health impairment

considered arising in line of duty .

....___.766, 819, 909, 911

SB 48--Game and Fish Laws; repeal provisions requiring

bond from commercial fishing boat owners ..... _._.. No action in 1976

SR 49--Education Department; reimburse local schools

for loss from property tax reduction... ....... ...----....No action in 1976

SB 53--Injured Persons in Hospitals; prohibit

obtaining settlements, releases .

.

---533, 1296

SB 55--Motor Vehicles; regulate automotive

repair industry ..--.......

.._..._._.._...._ No action in 1976

SB 56--Driver's License Revocation; court clerk receive

and forward to Public Safety Department ._......_._. No action in 1976

SB 58--Lowndes County; provide for elections board _--.... No action in 1976

SB 63--Agrirama Development Authority; employees'

retirement system ......_......_..............No action in 1976

SB 65--Property Acquired for Public Roads; lease

provisions under Transportation Code .. .. ..___.. _______ No action in 1976

SB 67--Wills; order admitting to record granted at

time of probate ..._...._.._._..,,.._........._.__.._..........._._.... ......._.No action in 1976

SB 69--Steel Trap for Capturing Wild Animals; unlawful _____..._.596, 648, 669

SB 74--Fulton County; employees' pension plan,

retirement at 55 with 30 years' service ... ..... .. .._.....No action in 1976

SB 75--Teachers' Retirement System; change

disability provisions ___.._..___....... ._._._...._._............. .._..... No action in 1976

SB 77--Employees' Retirement System; change increased

benefits to those retired ___....._..._. .........______,,--.767

SB 79--Financial Disclosure Act; public officials

required to file statement _...__._____--__--___----.___....___.._. No action in 1976

SB 80--Public Schools; instruction on free enterprise

system required ......... ......................................................No action in 1976

INDEX

3157

SB 84- -Optometry Registration; increase penalty,

failure to renew -----___... ---___.___..--._ ___.___._._.__..___. --- ----- - 301, 887

SB 85- -Administrative Procedures Act; aggrieved

party may appeal ..--__....-...-.__.___..--_______ ....... .... .. -- - . 476, 480

SB 86- -Employees' Retirement System; disability

benefits, certain departments ___..--______. ............... _ . No action in 1976

SB 90- -Teachers' Retirement System; cost of living

increase in benefits ._..__.._......._............_._._........_.._._. - _ No action in 1976

SB 92 -Consumers' Rate Counsel; attorney appointed to

serve in utility rate cases --._--..--_.__._.. .......... .._. .--.No action in 1976

SB 93- -Atlanta; provide for equal retirement

SB"

benefits to employees ................ ........._...._.._.... ..... _____ ..__.____ 1165, 3059 94- -City of Savannah; mayor, aldermen power of

eminent domain, certain construction ... . .......... ... No action in 1976

SB 95- -Properties Commission; authorize changes in

features of certain properties .............. ............ ___.No action in 1976

SB 96- -Banks, Retail Installment Sellers;

discrimination in credit prohibited _. ...-- . ....--.. ....No action in 1976

SB 97- -Teachers' Retirement System; benefits

vest after 10 years ..... .. ..__... --... ...----....... .--._ _ .-No action in 1976

SB 98- -Teachers' Retirement System; optional programs No action in 1976 SB 103- -Pulton County Judges Retirement System;

rights vest after twelve years' service .._......... .. .... _ No action in 1976

SB 107- -Criminal Justice Council; establish _____ ______ ..._..._.._ No action in 1976 SB 108- -Estates; certain death benefits not liable

for debts or taxes . ._______.--._._.__..--_____._... ___________________. No action in 1976

SB 110- -Realty, Devise Under Will; pass subject

to security deed ... .. ........ ........ --......_... ...... ...... .. _-_ No action in 1976

SB 113- -Employees' Retirement System; redefine

provisions for appellate judges ...... ...... ............ .....-- No action in 1976

SB 115- -Employees' Retirement System; change

personnel benefits, certain departments _ ........... _ No action in 1976

SB 116- -Retirement Legislation; actuarial studies

required before passage .._..... ....... ....... ....... . No action in 1976

SB 119- -Armed Robbery; change punishment _ -- ... -. No action in 1976 SB 122- -State Administrative Judge; create office ........ . ........ ......... ..477 SB 126- -Banks; increase interest rate charged

on installment loans .... ...... . ......

.. ...... ..1424, 3059

SB 128- -Human Resources Department; sheltered

workshops accrue surplus funds ... ........ . ._ .._. No action in 1976

SB 133- -Principal and Agent; relating to power

of attorney on death of principal . ....... ..... .. .. .__ No action in 1976

SB 134- -State Prosecutor; establish in Law Department . No action in 1976 SB 135- -Loan Sharking; prohibit excessive

interest charge ... .......... .... ..--.... . . .....

No action in 1976

SB 136 -Georgia Bureau of Investigation;

additional investigative powers . .... ........

No action in 1976

SB 139- -Game and Fish Laws; commercial fishing

boat licenses, change bond provisions -- ......

. No action in 1976

SB 143- -Radar Speed Detection; change provisions

relating to speed limits in school areas

No action in 1976

SB 144- -Criminal Cases; provide for

discovery and inspection ... .. _ . . . 635, 667, 760, 802, 946, 2694

SB 150- -Banks; remove population requirements for new facilities - .. . 13, 14 SB 154- -Savannah-Chatham County; consolidation

of governments .._.... ...... ....... .-.._...__ ________ . No action in 1976

3158

INDEX

SB 156--Area Planning and Development Commission Employees; contract for health insurance _---.____...__ No action in 1976

SB 159--Utility Rate Changes; require publication of proposed changes .._._.. _._..___._ ____.475

SB 162--Practical Nurses; change name to professional, licensing provisions ____________._._498, 582, 2314, 2406, 2966, 3017, 3057
SB 165--Bond, Failure to Appear in Court; proceedings _..._.No action in 1976

SB 167--Motor Vehicle License Tags; free to former prisoners of action in Southeast Asia ......... No action in 1976

SB 168--Veterans and Spouse; honorary

driver's license ....___.. .__________,,______________._._______.. No Senate action in 1976

SB 170--Burglary; penalty for unlawful entry of vehicle,

aircraft or watercraft _--.....,,.--.._.-......_..----.__--._._._-- No action in 1976

SB 172--Firearms Registration; governing authorities

prohibited from adopting ordinances ._-._-.__--____..._--No action in 1976

SB 173--Motor Vehicle License Tags; free to former

prisoners of war in Southeast Asia _..._.___........._.._..._..No action in 1976

SB 174--Charitable Trust Act; amend to exempt

trustees, certain cases ---....._-.....__-.._....,,.___.._,,..............No action in 1976

SB 177--Blood Donation; State, county,

city employees granted leave --..._--......--.....----....----....-- 245, 257, 532

SB 179--Alcoholic Beverages; proceeds from disposition

of contraband articles to counties --.__._..____.__.._--___-....No action in 1976

SB 180--Baldwin County Tax Commissioner;

powers and duties relating to tax fi. fas. _........._...___ No action in 1976

SB 181--Tax Commissioners; authorized to

transfer tax fi. fas. ______ _____ ..__._...___......_.__.......___.._...._ No action in 1976

SB 182--Licensed Medical Practitioner; treatment

of patients in public hospital ____________________________________ _______536, 584, 1707

SB 183--Sick Leave for Teachers; certain school systems ._..._..._...............-..732

SB 184--Public Service Commission; jurisdiction over

community antenna television systems ____._..____. ______ No action in 1976

SB 186--Nonprofit Bingo; exclude from certain

definitions under gambling laws _ _ _

No action in 1976

SB 187--Polygraph Examiners Act; clarify

certain provisions ..... ........ .... .........._...__.___.... ........No action in 1976

SB 193--Alcoholic Beverage Sales; payment by barter,

trade prohibited . ........ .._..........._. .,,.___.______.._____. ________ No action in 1976

SB 195--Government Documents Act; update of

distribution lists required __________________ ._..._.._....._...._.._._ No action in 1976

SB 198--Breaking and Entering Auto; punished as felony _ _______ 498, 583, 887

SB 199--Adultery Cases; mother of illegitimate

child competent witness ...... --__ ............ ._......._... No action in 1976

SB 202--Elections; provide for system of

registration by party _____ .......... ........ ........ ..........No action in 1976

SB 203--Patient Admitted to State Institution; cost

of care liability ______ ___________ _____ _______ _____________________ 3029, 3044, 3060

SB 204--Human Resources Department Employees;

compensation for property losses ..... .......... ....... --.No action in 1976

SB 206--Fire Fighter's Mediation Act; delete

section on county-city government ..... . 13, 14, 71, 93, 96, 97, 892, 1224

SB 207--Public Contract for Construction; three bids ............No action in 1976

SB 208--Alcohol and Drug Abuse; treatment under

mental health services .. ________________ 504, 543, 599, 600, 2993, 2997, 3060

INDEX

3159

SB 209--Corporations; shareholders meetings; action with written consent of majority ............ .. No Senate action in 1976

SB 210--Adult and Juvenile Probation Board; create ........... No action in 1976

SB 212--Taxes Due State, County; change rate of interest _._.._..._... . . ........... . ----..___.. No action in 1976

SB 214--Lobbyist; disclosure of certain actions ........_...._........_.... .631, 657, 724

SB 216--Reapportionment of General Assembly; change certain House districts .._._..._............_.._....._..... .. . No action in 1976

SB 217--Reapportionment of General Assembly; change certain Senate districts ....._......._... ....
SB 219--Counties; equality of treatment by State government ....__...._._..._.................._......_.....

No action in 1976 No action in 1976

SB 223--Metropolitan Water and Sewer Authority; create .....__........._.._.....--------..___._.... ....................... No action in 1976

SB 224--Pardons and Parole Board; pay prisoner costs to county, certain cases --...--.......... ..No action in 1976
SB 226--Property Sold for Tax; provide for redemption by owner .._._._.._............_._. ...... .. ..--........No action in 1976

SB 227--Unpaid Tax on Motor Vehicles; tax commissioner's power and duties -.... -- --.. ... . .... No action in 1976
SB 229--Recorded Material; prohibit unauthorized reproduction or distribution ........... ....._.................... No action in 1976

SB 230--Alcoholic Beverages; authorize use of

inside service door, certain cases __.....------ . -- ..._._... No action in 1976

SB 231--Fair Market Value; redefine term . ........... ........ .. No action in 1976

SB 235--State Agencies Employing Physicians;

purchase malpractice insurance __.._...._. . ..--

No action in 1976

SB 237--Jurors, Challenge for Favor; limit time for

voir dire examinations - ....... ...._.........

No action in 1976

SB 239--Game and Fish Laws; repeal requirements

for oyster sales .. .............. _____ .............

No action in 1976

SB 242--Sales Tax; exempt certain property

sales to orphans' homes . ______ ___ ______..No Senate action in 1976

SB 253--Election Code; redefine absentee elector

relating to 62 year olds ..... ................... _ .__ _________ .......13, 14

SB 254--General Assembly; reapportion senatorial

districts 9 and 13 . .........._.. ................

_ No action in 1976

SB 256--Prisons and Work Camps; court clerk notify

Corrections upon conviction of prisoner __

.....No action in 1976

SB 257--Distribution of Obscene Materials; change provisions

----477

SB 258--Disqualified Voters; court clerk file list

with election registrar _ ... ________ ________

270

SB 261--Misdemeanors; change penalties ..

No action in 1976

SB 263--Prison Produced Goods and Services;

provisions for sale . .................

No Senate action in 1976

SB 264--Offenders; provide alternative to

incarceration _______ _

___________________ ... No Senate action in 1976

SB 265--State Physician, Psychologist; work

part-time for other agency _

. ..

3050, 3060

SB 266--Drunk Arrest; check medical disability

identification ......................

No Senate action in 1976

SB 270--Abortion; written consent required by

husband and wife, if living together

No action in 1976

SB 274--Public Agencies; pay members for only

one meeting per day ........ __________ .....

96, 532

3160

INDEX

SB 275--Adequate Program for Education; certification requirements, teachers, principals .. ...__._._.,,...... .... .. No action in 1976

SB 276--Labor Organization and Employers; service charge to employees ______-__.____--. ........ .....

......... .. 504, 509

SB 277--Industrial Loan Act; amend relating to penalties for violations _____ ._____.__________..._.. ________ --No action in 1976

SB 278--Adjutant General and Assistants; Senate confirmation required for appointment _. - No Senate action in 1976

SB 279--Election Code; new chapter relating to

political campaign financing _._.___._...____________......._____ No action in 1976

SB 280--Weapons Used in Commission of Crime;

destruction of _.___._._..___.__..______________..___.____. ..___.______..._____.......... ....301, 532

SB 281--Beach and Dune Protection Act; enact ....,,.-- .__---.-. No action in 1976

SB 283--DeKalb County Commissioners; increase

membership .... ._._......._.._....__....__........_........ ._._. .--.-2094, 2100, 2265

SB 286--Mobile Homes; procedure for taxing ___._._._._..._____________2943, 2953, 3060

SB 287--Orthotists and Prosthetists Board; create ___............ 2382, 2408, 3060

SB 288--Commercial Gambling; punished as felony .....--...No action in 1976

SB 289--Fayette County Sheriff; compensation ._..._........_... No action in 1976

SB 290--Fayette County Probate Court Judge;

compensation _._.___ No action in 1976

SB 293--Atlanta; levy and collection of ad valorem

tax for school .............

._

.----252, 271, 309

SB 297--General Assembly Committees; receive

appropriations requests prior to department

heads' appearance

._.___. ..._......._...No action in 1976

SB 298--Public Service Commission; approval required

before issuance of stocks, certain cases -... ._.._...._._.. No action in 1976

SB 300--Fultin County Merit System; revise .. ..... ........ .-- No action in 1976

SB 301--Pistol, Revolver; false oath in application

constitutes false swearing . .._...._........._......__.............._............. .....All

SB 304--Armed Robbery; change

penalty . ........ ............234, 254, 275, 276, 1303, 1340, 1353, 1507, 1936,

2293, 2420, 3060

SB 305--Marijuana; conveyances used to transport

subject to condemnation .... .... . _____ _________ _______ No action in 1976

SB 309--Machine Guns; National Firearms registration

provides criminal exemption for sales --... ______ _____ _ No action in 1976

SB 312--Locksmiths; regulations and certification .......... ....No action in 1976

SB 314--Persons Senile, Alcoholic, Drug Addicted,

Disabled; guardians _...._......._... ......... .... ...No Senate action in 1976

SB 315--Crimes Involving Dangerous Weapons;

mandatory imprisonment upon conviction ................No action in 1976

SB 316--Firearm; possession during commission of

felony, change penalty ______ _ .. ................ .... No action in 1976

SB 318--Elections; provide for automatic recount of

votes, certain cases .._._... .... ...... _ ........ .... .......No action in 1976

SB 320--Gambling; redefine lottery ______________ _____ ______ No action in 1976

SB 322--Adequate Program for Education; repeal

district power equalization provisions .__....--- ... ... No action in 1976

SB 325--Agents Handling Money for Third Party; bonds ________ 2702, 3060

SB 327--Fulton County Tax Assessors Board;

membership __________ _______ ____ _______ .... __ _______ No action in 1976

SB 329--Insurance Companies; acknowledgement of

receipt of claims required .--... ..... ..... ....... ....... No action in 1976

INDEX

3161

SB 331--Saltwater Crawfish; repeal Act regulating-

taking and possession .. .._...........__........ __ .. ............ . No action in 1976

SB 337--Cherokee County Superior Court Clerk;

compensation ______.._______-.____,,,,_.___..._____.... - .. ...... ....._.No action in 1976

SB 338--Cherokee County Superior Court Clerk;

assistants, compensation ... ...................._......._............ No action in 1976

SB 339--Warranty Deeds; grantee's address required - ._...._.No action in 1976

SB 340--Court Stenographers and Reporters; compensation .................. 477

SB 341--Adequate Program for Education; change

provisions on local units and capital

outlay funds ___....___..----.__.___.__...__.__._...._ ............ - No action in 1976

SB 343--Claims Against Counties; change time for

property tax credit claims ................... ................... . . No action in 1976

SB 345--Hospitalization of Mentally 111; provide

for hearings ........_..._..__.................. ........... .......... .......635, 756, 760, 802

SB 346--Marijuana Possession; change penalty for

third conviction .._.._....._._..................................... ......No action in 1976

SB 347--Planning and Development Commissions;

provide for members, duties ---_._....----...------........----_......-- --..1177

SB 348--Billiard Rooms; permit Sunday operations, certain cases .. ....... -731

SB 350--Landscape Architects; regulation and

license ._..........._.._..... .. ... .......... 13, 14, 71, 93, 96, 238, 2368, 2388, 3060

SB 352--Driving Permits; issued after license

revocation, certain cases .......... ........ ..................No action in 1976

SB 353--Off-Road Vehicles; regulation ......... ........_............----........ .....809, 1106

SB 354--Pulton County-Atlanta Delinquent Taxes;

one fi. fa. ....----.. ------.._....----.. ..------._... 901, 972, 1040, 2481, 3060

SB 355--Real Estate Commission; prohibited from setting

in-class hours for license requirements ___.__... .. ._._.__ __._. -..--.13, 15, 733

SB 356--Nurse Anesthetists; change professional

and educational standards ........ ..........----........ .--588,1390,3059

SB 358--Baldwin County; teachers, sick leave ..... - .. .... No action in 1976

SB 360--Contracts; must be in writing for

certain services ..... ..._........ ........... .. ........ .....No action in 1976

SB 365--Sheriff's Fees; change certain fees ...... .. ... . ...... 2993, 2994, 3060

SB 366--Credit Life and Accident Insurance; rules

and regulations .. . .... ... ...... .. .. ..... .... No action in 1976

SB 370--Evidence; admissibility of expert

testimony, certain conditions ......... .. . . ... ..... No action in 1976

SB 371--Medical Injury Compensation Commission;

create ....... ...... .. .............. ....... .. ...... . No action in 1976

SB 372--Medical Consent Law; prohibit recovery . ......... . No action in 1976

SB 373--Medical Injuries; limitations in damage cases

against physicians . ........ .. ........... .... . . ...... No action in 1976

SB 375--State Commission on Aging; recreate ..... .. .......... ... .. .... .14, 15

SB 376--Conservators for Aged Persons;

provide power and duties .... . ......... . ......No action in 1976

SB 378--Laws Declared Unconstitutional; State pay court costs ... . ... 234

SB 380--Development Authorities Law; amend,

redefine terms ....

. .. .. ...

.. 1936, 2062, 3059

SB 385--Veterans Education Reorganization Act;

physical education exemption in college

.. No action in 1976

SB 386--Real Estate Brokers and Salesmen; licensing,

take exam three times per year .

...

No action in 1976

SB 388--Quality of Life Council for Children and

Youth; create . ............ ...........

..... No action in 1976

3162

INDEX

SB 389--Law Enforcement Officers Bill

of Rights Act; enact ... 2888, 2907, 2962, 2963, 2967, 3034, 3055, 3060

SB 391--Columbus Hospital Authority; create ......................No action in 1976

SB 392--Tax Collectors; receive payments in night

deposit boxes or electronic fund transfer .... .............No action in 1976

SB 396--Atlanta Police Department; establish

promotional system ........ No action in 1976

SB 397--Litter Control Law; discarded

automobiles considered litter ......

... No action in 1976

SB 399--General Assembly; reapportion senatorial

districts 25 and 45 ........

..............71, 93, 97, 101

SB 401--Lien Holders, Mortgaged Property; provide

for payment at time of sale --___--..__--. ---...--_._--.._.No action in 1976

SB 402--Adequate Program for Education; change

provisions on preschool education ..... .__......._. ......... No action in 1976

SB 403--Consumer Reporting Agency; restrictions

on entering residences ._.,,__._...___......_......_.... .._...._.... ...818, 904, 975, 989

SB 404--Structural Pest Control Act; allow

restrictions by cities and counties ._......_._... ............. No action in 1976

SB 405--Health Club Memberships; right of

cancellation _....__._...____....._...._.. ..._...__....._.__.._.._...._. ...........234, 254, 275, 277

SB 407--Insurance; alcoholism treatment required

certain group health contracts . .._..._..._ ..,,._._._......_.___ No action in 1976

SB 408--Retail Installment and Home Solicitation

Sales Act; amend .___........-._......_ .14, 15, 234, 257, 258, 2701, 2899, 3059

SB 409--Chatham County; capital improvement

projects rejected by voters __________,,__....____...._____.________.__. No action in 1976

SB 410--Transportation Department; assume

liability for ports and harbors ._..--.. ... . ... ................No action in 1976

SB 411--Landlords and tenants; changes

practices and procedures ........27, 477, 505, 547, 551, 1828, 2160, 2161

SB 412--Aerosol Spray with Certain Chemicals; prohibit sale .._.--.._......----.28

SB 413--Automobile Registration; prohibit revealing names

and addresses of registrants ..... ..... ...28, 271, 308, 479, 543, 599, 612

SB 414--Public Service Commission; provide

for venue in certain suits ....... ......... .. 28, 71, 93, 97, 102, 2418, 3059

SB 415--Public Service Commission; procedure

for action against .... ...... .............28, 71, 93, 97, 104, 2421, 2476, 3059

SB 416--Firemen; monthly pension increase ........ ... .. _..___..___.__..._._--28, 904

SB 417--Firemen's Pension Fund Board of Trustees;

powers and duties _._._.........._.......__-.._..,,._...._........_. ..... .__......_._.... 28, 904

SB 418--Public Service Commission; extend time

period for rate or classification changes ............ ..... ..... ..........-- 28

SB 419--Public Service Commission; certain accounting

procedures required of businesses regulated ...........-- .... -- 29

SB 420--State Court of Claims; create ....... ........................ .................... 29

SB 421--Speed Detection Devices Permit; conditions

for revocation . .... .................. ................... .... ... 29, 92, 95, 238, 242

SB 422--Income Tax; actual number of exemptions

must be claimed ..... ..... .. ... ... 29, 72, 542, 598, 648, 657, 737, 738

SB 423--Human Resources Board; change to Advisory Board ___..---.-----.--.29

SB 424--Sheriff's Retirement Fund; eligibility .... ..... ................_.........._... 29

SB 425--Sheriff's Retirement Fund; increase

benefits ...... .-...- ...................... .....30,308,474,508,521,1120

SB 426--Cities, Counties; limitation on bond elections

for same purpose ............ .......... ...... .... ........ 41, 594, 642, 692, 693

INDEX

3163

SB 427--District Attorney; credit for time spent as

legal assistant to district attorney ...... - .... ... .. 42, 234, 254, 275, 278

SB 428--Baldwin County Mixed Drink Sale;

certain hours ... .........._............_._......... .. ......... .. ....... .42, 252, 271, 310

SB 429--Teachers, Principals; relieving those

indicted criminally ............. ....... .. ...... ........ 42, 269, 308, 479, 480

SB 430--Youthful Offender; reassignment by Board

of Corrections .... ...... .............. ...._.... .____ ..... -42, 235, 254, 275, 278

SB 431--Fraud; define .._................._.._......-__.........__.. .......... .._.._......_......._. ...........A2

SB 432--Weapons; exempt superior court judges

from prohibitions against carrying . ..... .... .... .. 42, 733, 768, 839, 882

SB 433--Peace Officer; redefine under retirement

system ..........._...._......_....... ....__..._..._........._._.... 43, 477, 505, 547, 548

SB 434--Agriculture Commissioner; withhold from

sale certain hazardous biologicals .... -.----43, 233, 253, 275, 280, 635

SB 435--Motorized Bicycles; exclude from licensing

requirements, certain cases . ... ....... ......43, 256, 597, 642, 692, 694

SB 436--Installment Loans; provide for

weekly repayment .... ......._.. ................................ 43, 503, 544, 599, 615

SB 437--Clinical Laboratories; exempt State-operated

from provisions of Act .... . .... ..... --43, 766, 820, 909, 914, 962, 1051,

1052, 1794, 1889, 3059

SB 438--Veterans, Wartime; permanent honorary

hunting and fishing licenses ....... ..... .... -43, 1318, 1360, 1450, 1500

SB 439--Secondary Security Deeds; rate of charge,

change definition ..... ....... .... ......... .44, 251, 271, 316, 455, 1515, 3059

SB 440--Sentences Subject to Superior Court Judge

Review; change sentence .... ......... ...... ...... 44, 234, 254, 275, 281

SB 441--State Depository Board; frequency

of meetings ...... ....... ...... - .......... 44, 251, 271, 316, 455, 1352, 3059

SB 442--Mobile Homes; special permits to transport

14-foot wide .................... ........ ...... .......... .44,53,93,96,98

SB 443--Teacher Sick Leave; maximum days

accumulated ...... ....... ......... ........ ... . --44, 504, 544, 599, 616

SB 444--Cherokee Judicial Circuit; additional

judge--.. ........ ......... ............ ......... ...

.44,477,505,547,576

SB 445--Teachers, Principals; provisions for

administering corporal punishment .. ...

..45, 269, 308, 479, 481

, SB 446--Attorneys; procedures for license to practice

criminal law ... . ....... .................. . ..... .......... . ...... . ..45, 477

SB 447--Social Security Number; required of both

parties in divorce petition ...... . .... ... .. . .45,477,505,547,549

SB 448--Negligence; provide presumptions as to

exercise of due care by minors . . . .

45, 477, 505, 547, 551

SB 449--Teachers' Retirement System; change

provisions relating to interest . ... .

.45, 478, 506, 547, 552

SB 450--Teachers' Retirement System; service

necessary for retirement .. ... ..

. ... .... . ... _ 45

SB 451--Teachers' Retirement System; retire with

less than 10 years . .

45, 478, 506, 547, 560

SB 452--Superior Court Clerks' Retirement;

change provisions ...

46, 308, 475, 508, 523, 1304, 2296, 3059

SB 453--General Assembly Interim Committee

Members; travel

. ..

50, 1391, 1360, 1450, 1451

SB 454--Jekyll Island State Park Authority;

membership . . . . . .

. .... 50, 503, 544, 599, 617

3164

INDEX

SB 455--Superior Court Judges, Retired; compensation provisions for certain service ._.._........__.._............._..... ..____.___________________._50
SB 456--Rape; conviction on unsupported testimony of female ..____________-._._.________...______.....__.________..______._...__ 50, 307, 474, 508, 525
SB 457--Rape Prosecution; certain evidence inadmissible .._......_..___.._...... 50, 307 SB 458--Evidence; admissible in rape prosecution
relating to past sexual experience _...........50, 307, 475, 509, 525, 2370, 2376, 2421, 3059
SB 459--Animal and Poultry Products; conditions for quarantine or destruction ...._..._... ......._...51, 233, 253, 275, 289, 636
SB 460--Agriculture Department License and Permits; permanent evidence _.........__._.___._.__..._.._.. 51, 233, 253, 275, 290, 636, 887
SB 461--Physicians' Motor Vehicles; provisions for flashing red light ........___.__.._....._._.51, 92, 95, 238, 243, 543, 599, 618
SB 462--Trustees; invest in guaranteed Small Business Administration loans ._..... 51, 503, 544, 599, 620, 1710, 3060
SB 463--Loans, Interest Rates; change limitation on certain amounts ........__......51, 251, 272, 316, 456, 468, 483, 542, 599, 621, 2902, 2943, 2949, 2963, 3031
SB 464--Medical Malpractice; limitations of actions _._.._............ ......51, 270, 308, 479, 508, 529, 1429, 1469, 1674, 1911, 2052, 2369, 2624, 2701, 3059
SB 465--Medical Malpractice; arbitration of claims, new Code chapter ............................................52, 270, 308, 479, 508, 510
SB 466--Working Reserve; create Revenue Short-Fall Reserve from annual surplus ... 69, 233, 253, 275, 287, 2370, 2375, 3059
SB 467--Bank Consolidation; provide for dissenting stockholders ............... 69 SB 468--Witnesses, Criminal Proceedings; provide for
appearances from without the State . .................69, 252, 272, 316, 459, 2418, 3059
SB 469--Legal Holiday; observe January 15, birthday of Martin Luther King, Jr. _._.._......_._.._......_._._.__._.._......... ... 69
SB 470--Industrial Loan Act; penalties for violations _._.__...__....._.___._.._..._..............___.....-._._._...69, 251, 272, 316, 464
SB 471--Motor Fuel Tax Law; amend relating to certain fuel used for nonhighway purposes _._..__.._........_._.69, 542, 598, 649, 672
SB 472--Landlords; account to tenants for security deposit interest ....70, 477, 506, 547, 551, 733, 777, 780, 2484, 2663, 3060
SB 473--Planning and Community Affairs Policy Board; amend law relating to legislative intent . ...... - .... 88, 503, 544, 599
SB 474--Optometrists; freedom of choice by patients . ......................... .-- 89 SB 475--Fire Departments; enter mutual
aid agreements ........... ................... ....89, 686, 734, 777, 801, 2703, 3060 SB 476--Religious Liberty; employees' rights to
habitual day of worship _____________..---_..________..._...____.--.._._______---. ........89 SB 477--Government Paperwork; provide reduction and simplification ... 89 SB 478--State Health Insurance; Personnel Board
execute contracts ....._..__.._..._...... 89, 503, 544, 599, 626, 2963, 3007, 3060 SB 479--Employees' Retirement System; separate
record of accumulated contributions _._...-..........._-.--._............. ......_. 227 SB 480--Legislative Oversight Act; review of proposed rules
and regulations of executive agencies ... 227, 819, 904, 975, 991, 1004 SB 481--Personnel Board and Merit System;
certain definitions ...................................................Z28, 503, 544, 599, 627 SB 482--Georgia Arts and Humanities Council;
create ...__.._._..._......_..._.........._...._.... .-228, 596, 642, 692, 699, 2703, 3060

INDEX

3165

SB 483--Adequate Program for Education; change food

service provisions ......._..... ....._._... .... 228, 504, 545, 599, 627, 2703, 3060

SB 484--State Purchase of Supplies; bids not required

certain amounts ___.______.-.___.._..____.__..___ 228, 733, 768, 839, 884, 2703, 3060

SB 485--Employees' Retirement System; increased

benefits for certain members .. ......... . ... . ... .._. .._................ 228

SB 486--University of Georgia College of Veterinary

Medicine Advisory Board; membership ....... 228, 476, 506, 548, 562,

1710, 3059

SB 487--Teachers' Retirement System; option of

being member of local fund ....__..._..._..........229, 597, 642, 692, 737, 752

SB 488--Unemployment Compensation; disqualification

for benefits __...._.__..._.................. 229, 1178, 1242, 1325, 1327, 1499, 1502

SB 489--Tenancy in Common; right of survivorship

between joint tenants __............_......_. 229, 766, 820, 909, 915, 2483, 3060

SB 490--Private Universities; certain persons hired as police officers . ... 229

SB 491--Ports Authority; adequate docking facilities

for commercial fishing vessels .,,......._._............_........_._................ 229

SB 492--Financial Institutions Code; multiple party

accounts, right of survivorship ........... 229, 817, 905, 975, 1051, 1065,

2484, 2627, 3059

SB 493--Teachers' Retirement System; minimum

benefits for certain members .,,....._..._.._......... ...... ..... .... ..246, 1134

SB 494--Criminal History Record; dissemination

to certain persons ._..........__..._......... 246, 596, 642, 692, 700, 2422, 2620,

2691, 2692, 2878, 2958, 3054, 3060

SB 495--Fraudulent Documents; sale, use

prohibited ..............246, 818, 886, 908, 910, 976, 996, 1132, 1189, 1190

SB 496--Energy Consumption Analyses; State agencies

perform, certain construction projects . .

246, 818, 905, 976, 996

SB 497--Probate Court Judges; increased retirement

benefits ....._. ............ .. ....... ........... 246, 767, 820, 909, 917, 2370, 3060

SB 498--Pardons and Paroles Board;

additional members ..... ................... .. ... ....... 246, 503, 545, 599, 628

SB 499--County Boards of Tax Equalization;

qualifications of members _.........................._..-. 246, 477, 506, 548, 563

SB 500--Natural Resources Department Employees;

disability retirement provisions .. ...... .... 247, 597, 643, 692, 7C3, 1514,

1746, 3059

SB 501--Automobiles; standards of safety ability

to sustain shock

_

. . 247, 475, 506, 548, 564, 2702, 3060

SB 502--Department of Actuarial Services;

create ._...._._...__......_......._...-.......-._...... ........ 247, 732, 768, 839, 840, 849

SB 503--Sentence; prison inmate convicted of aggravated

sodomy must serve consecutively .._._...___...__..___ 247, 477, 506, 548, 565

SB 504--General Assembly Members; change

certification procedures on vouchers ... .. ...... 247, 819, 905, 976, 1001,

2368, 2396, 3060

SB 505--Gasoline Marketing Practices Act;

additional requirements .......... ..... .--248

SB 506--Employees' Retirement; provisions for retirement

based on years of service .........._...-..........._... -- .____.-___.. --....--.. .-- .----248

SB 507--Atlanta Pensions; prior service credit certain employees .._......_.... 248

SB 508--Utility Contractors; regulation,

licensing _..........._......._........_. ....._......_.......................248, 595, 643, 692, 705

SB 509--Employees' Retirement; eligibility for survivors' benefits .... ... . 248

3166

INDEX

SB 510--Driver's License; certain Armed Forces

Reserve personnel exempt from requirements ... 248, 505, 545, 600, 629

SB 511--Child Absent from School; temporary

custody provisions, certain cases ... 249, 732, 768, 839, 843, 2483, 3060

SB 512--Employees' Retirement System Board of Trustees;

composition ___.....___....._...___......__..__....._._._.___._......._...249, 767, 820, 909, 919

SB 513--Teachers' Retirement System Board of

Trustees; composition ,_.___._____.___._.___..._____.__...___..__.249, 767, 820, 909, 923

SB 514--Employees' Retirement System; management

and investment of funds

.... -- ... .._........ ---249

SB 515--Teachers' Retirement System; management

and investment of funds ......_... ... .... --.. .-- 249

SB 516--State Deposits; additional Federal securities

accepted as collateral .._.._......___......__ 249, 730, 768, 839, 845, 1514, 3059

SB 517--Employees' Retirement; postretirement benefit adjustment ._...... 250

SB 518--Teachers' Retirement; change minimum benefit provisions .... .... 250

SB 519--Employees' Retirement; creditable service _._..._..........._.._.......___.__-___.250

SB 520--Parents; limit tort liability provisions for

willful acts of children .......

...........--.250

SB 521--Fulton County; minimum pension, certain

former employees

. 250, 1240, 1320, 1369, 3050, 3060

SB 522--Crabs; prohibit taking, certain

cases _...__...._._....__.....___.._............250, 477, 507, 548, 566, 2966, 2992, 3059

SB 523--Game and Fish Laws; authorize use of

compound bows, certain game taking ._.._........ 266, 477, 507, 548, 567

SB 524--Pardons and Paroles Board; change provisions

relating to personnel ...-...-- ------........._...........266

SB 525--Employee Fringe Benefit Function; establish

within Merit System ___._._...__... .___.266, 503, 545, 600, 630, 765, 839, 846

SB 526--Personnel Administration Advisory Council;

membership and authority _....-._. 266, 595, 643, 692, 713, 2703, 3060

SB 527--Cities and Counties, Grants; relating to street

maintenance and traffic control ... 266, 594, 643, 692, 714, 3051, 3059

SB 528--Grants to Cities for Public Purposes;

filing for funds __..___.____...____..____..____._.267, 731, 768, 839, 848, 3051, 3059

SB 529--Debt Collection; duties of creditors --.._-..._...--........._......._._.......267, 818

SB 530--Stepfather; provide for minor stepchild,

certain cases ........,,__...-.-.._....267, 1134

SB 531--Human Resources Department; prohibit public assistance

to persons transferring property to retain eligibility ._.._.....__..... ... 267

SB 532--Public Assistance; change provisions relating

to fraud ....... ...______267, 504, 545, 600, 648, 649, 2421, 3060

SB 533--County Boards of Tax Equalization; change

appeal provisions .._.... ...--....--..............._.. 267, 503, 545, 600, 648, 650

SB 534--Small Business Advisory Council;

compensation .___.....__...__....._._._......__...._._..._._.._..268, 1531, 1721, 1876, 1904

SB 535--Telephone Companies; publish directories in

certain size type ...._.-...._.........._...-.._..___..__._.-__...._.........._...................._.....302

SB 536--Nonprofit Contractors; reports required on

contracts with State agencies ......._. 302, 503, 545, 600, 648, 650, 2704,

2782, 3060

SB 537--Sovereign Immunity; applicability of doctrine to

Regents Board ___..__._._._...__...__..__...__._..303, 476, 507, 548, 567, 2418, 3060

SB 538--General Assembly; Administrative Procedures

Oversight Committee review proposed rules of

Executive agencies .........._.........._.__._............ 303

INDEX

3167

SB 539--Traffic Lights; left turn allowed on red from one-way street onto one-way street ___......____....____._..... .....304, 819, 905, 976, 1024

SB 540--Pistol, License to Carry; license must be on

person with pistol _________________ ....... ...... 304, 596, 643, 692, 715

SB 541--Driver's License; 16 year old licensed after

approved course ......_..__.._... ...._......_............_ 304, 597, 644, 693, 737, 754

SB 542--Assistant District Attorney; employment

of secretary ____________________________________ _____________________470, 596, 643, 693, 716

SB 543--Sunday; repeal of law prohibiting discharge

of firearms, exceptions .. . ............... ............470, 503, 545, 600, 648, 654

SB 544--Savannah; residency requirements for city

department heads ............._........_.._..... ............. ........... .470, 595, 646, 687

SB 545--Human Resources Department; legal

proceedings to establish paternity,

certain cases ......

..

471, 596, 643, 693, 717, 3051, 3061

SB 546--Age Discrimination; prohibited in public

or private retirement systems ........ .........471, 511, 733, 768, 839, 851,

888, 975, 976

SB 547--Industrial Loan Act; amend relating to

credit insurance rates __....... ___.__._._ 471, 542, 598, 649, 673, 1204, 3059

SB 548--Atlanta; additional methods for annexation

of contiguous areas _____._._______._...._.__...__.___.....______....__._._....___._.___ ........471

SB 549--Municipalities; additional methods for annexation

of contiguous areas ..__.._..__...._______.._.___._...-.___.----..__.__.. .... ..........471

SB 550--License, Professional Tax; provisions for collection ....._...._.............471

SB 551--Police Uniform; prohibit wearing outside

jurisdiction .._..........._.__........._........_.._._..._.____._......_. .472, 596, 644, 693, 718

SB 552--Police Uniforms, Vehicles; similarity by

private security agencies prohibited ......... ........ ....... .. . ... 472, 1134

SB 553--Atlanta; repeal license fee for

astrologers ..................... ........ ....... 472, 901, 973, 1040, 2315, 3060

SB 554--Firearm, Knife; use in commission of

misdemeanor unlawful ..._._.._.........._._._........._._.. 472, 596, 644, 693, 719

SB 555--Leases of Air Rights to Cities; nominal consideration __ ...... 472, 564

SB 556--Sunday Operation of Billiard Tables;

repeal Act prohibiting .. ......__............. . ............ __________ __________ ..... 472

SB 557--Public Service Companies; prohibit

interference with property _______ ........... __ 473, 596, 644, 693, 737, 739,

2963, 2965, 3059

SB 558--Prisons; provide for inspections, minimum

sanitation standards ....... _________________ ___________ 499, 734, 769, 839, 886

SB 559--Divorce; change provisions relating to

child support ....... ____________ _____________________ .____499, 596, 644, 693, 737, 739

SB 560--Consultant; State agency employing must notify

Administrative Services Department ... ... ___ 499, 730, 769, 839, 852

SB 561--Parental Support; adult children must assist in providing ..... 499

SB 562--County Health Boards; fees for mental and

public health services ..... 500, 596, 644, 693, 737, 740, 3023, 3026, 3059

SB 563--Small Business Advisory Council; expense

and travel allowance for members ........ __________ _____ ________ ._ _______ ....500

SB 564--Motor Vehicle Certificate of Title Act; exclude

certain ten year old vehicles ___________________ 500, 597, 644, 693, 737, 741

SB 565--Arson; crime for burning mortgaged

dwelling _____ ______________________ ________ ___537, 733, 769, 839, 854, 2382, 3060

SB 566--Personnel Board and Merit System; add

certain definitions ._________._...___.__________537, 687, 735, 777, 783, 2703, 3061

3168

INDEX

SB 567--Local Option Income Tax; change referendum election provisions .. ..........._...... ......537, 764, 820, 909, 926, 962, 1021

SB 568--County Law Libraries; change cost provisions ----....--------........_....._...... 537, 731, 772, 824, 1304, 1334, 3059

SB 569--Professional Standards Commission to Advise Board of Education; create ...537, 1034, 1135, 1189, 1192, 2645, 2672, 2878, 2888, 2983, 3054, 3060
SB 570--Ear Piercing; constitutes practice of medicine ...... -----537, 733

SB 571--Social Workers' Licensing Act; enact-...._..__---.-..------.,...--. ..538, 1034, 1135, 1190, 1194, 1507

SB 572--Transportation Department Enforcement Officers; duties and powers _....... 588, 687, 735, 777, 790, 2368, 3060

SB 573--Peace Officers' Standards and Training Act;

redefine certain terms -------- . ...._._.. . ....... 588, 904, 968, 1051, 1086

SB 574--U.S. Interior Department; procedures for nomination

of property in National Register ...............--. ...... .... .. .. .... ...589

SB 575--Transportation Code; revise definition of

public road, expanded authority on

certain contracts _...... ..... ----.589, 687, 735, 777, 791, 2370, 2404, 3059

SB 576--Primary Election; held at same time as

Presidential Preference primary .._........ .... . 589, 686, 735, 777, 793

SB 577--Determinate Sentences in Criminal Cases;

change provisions ...._..._....__.....,,_.._.... ....

... ...... ............... --.589

SB 578--Probationers; pay $10 per month to defray

supervising expenses

. ..... 589, 734, 769, 839, 856

SB 579--Prisoners; prohibited from receiving weapons,

liquors, drugs without warden's

consent __....... ..._.._........... ----------589, 734, 769, 839, 859, 3051, 3060

SB 580--Paint to Mark Timber; remain effective

12 months .. .------------------------590, 730, 769, 839, 860, 2418, 3060

SB 581--No-Fault Automobile Insurance; provide for

written reports relating to medical

conditions and treatments _............................... 590, 767, 820, 909, 927

SB 582--Motor Vehicle Safety Responsibility Act;

enact ------------------------..------.-------590, 687, 735, 777, 794

SB 583--Driver's License; provide distinctive

driver's license for persons under

18 .-----.--------....---------...------590, 687, 735, 777, 795, 1710, 3059

SB 584--Public Assistance; prohibited to persons who

transfer property to become eligible ............... ..__....._--...._. .. -590

SB 585--Open Meetings Government Agencies; prior

notice of time and place required .. .. ........... ..... ........ . . .............. 591

SB 586--Real Estate Brokers; relating to professional

licensing and tax ------------.-- ----591, 731, 770, 839, 861, 1793, 3059

SB 587--Municipal Elections; terms for offices --------637, 687, 735, 777, 796

SB 588--Workmen's Compensation; coverage on certain

elected officials

.

--.637, 733, 770, 839, 862

SB 589--Baldwin County Small Claims Court;

change jurisdiction --------.. ------ . ---- .....637, 731, 773, 824, 1793, 3059

SB 590--Oconee Judicial Circuit Superior Court;

additional judge ................ . 637, 904, 968, 1051, 1087, 3023, 3025, 3060

SB 591--Hancock County Small Claims Court;

create ----------------.-------------. --638, 731, 773, 825, 1423, 3059

SB 592--Hancock County Small Claims Court;

repeal population Act creating _.. - ....._._.638, 731, 773, 825, 1423, 3059

INDEX

3169

SB 593--Annexation; circumstances and procedures

for extension of municipal

corporate limits __..__.._________._._____._.__-..___.638, 1177, 1243, 1325, 1328, 1351

SB 594--Franchise Practices Commission; regulate

certain distributors .__._...__...._..._._..638, 767, 820, 909, 975, 1051, 1056,

1089, 2370, 2677, 3060

SB 595--General Assembly Members; no compensation

for Saturday and Sunday ........ 681, 765, 821, 909, 928

SB 596--Grants to Students; redefine approved

institution in Act ......__..__.__.681, 903, 968, 1051, 1088, 2370, 2400, 3060

SB 597--City of Millen; change election date __..682, 902, 970, 1036, 1306, 3069

SB 598--Small Business Assistance Division;

create within Community Development

Department ....-- .-....,,--. .- --..._. 682, 903, 969, 1051, 1090

SB 599--Grand Juries; provide for special

investigative ______..__-__.._.____-______.-.._._______.___.___.682, 1720, 1807, 1876, 1877

SB 600--Textbooks for Use in Public Schools;

committees to examine _... .._-_.-...._........._____..._.._.____._..___. .....682

SB 601--Notary Public; prohibit unauthorized person from acting -_._________724

SB 602--Invention Development Services; regulation of contracts _._______--.725

SB 603--Ambulance Services Act; emergency medical

technicians, training and duties __...._._._-__.-.725, 1034, 1135, 1190, 1211

SB 604--Public Works Contracts, Cities; bids

and procedures __._._-______.__-__.___..._-_______-_-___.725, 1177, 1243, 1325, 1331

SB 605--Personal Injury Damage Cases; provide for

certain evidence as admissible ......._________--.._.._..._...-.725

SB 606--State Employed Physicians; allowed to

do outside work ......... _....____....725, 903, 969, 1051, 1090

SB 607--Real Estate Brokers; qualifications ____-____.725, 1178, 1243, 1325, 1336

SB 608--Cities, Counties; relating to relief

from debt ______________._________._.._-___761, 1177, 1243, 1325, 1337, 3051, 3060

SB 609--Elections; amend campaign financial disclosure

provisions ___.____________.___________..._____761, 1319, 1360, 1450, 1452, 3051, 3060

SB 610--Elevator Safety Board; create .-___..__._-....-__.761, 903, 969, 1051, 1093

SB 611--Georgia Fire Academy; create _...___._.....____..761, 1033, 1135, 1190, 1212

SB 612--Bryan County Sheriff; employment

of deputies _-...__.__._-..._____._--._-__-._-_____-._._______-.761, 1132, 1180, 1249

SB 613--Effingham County Board of Commissioners;

terms of office .__.--._____--.....___-_-..._.___._-_......___-...762, 1132, 1180, 1249

SB 614--Hardwicke; new charter .______....-._.___._....__._...__.-.-_____...__..__._.....____..___...762

SB 615--Blue Ridge Judicial Circuit Superior

Court Judge; compensation -- 810, 1034, 1135, 1190, 1216, 2702, 3060

SB 616--Education Board; create advisory council on

teacher certification under APEG ____--______.810, 1444, 1533, 1742, 1743

SB 617--Milledgeville Mayor and Aldermen;

powers and duties -_________._____._.810, 1132, 1180, 1249, 1910, 2055, 2209,

2215, 2239, 2302, 2315, 3059

SB 618--Milledgeville Mayor; term

of office _..._-.__......._____......-.___......._.___.810, 1132, 1180, 1249, 1793, 3059

SB 619--Milledgeville; election on recall of Mayor

and Aldermen .

810, 1132, 1180, 1250, 1792, 3059

SB 620--City of Lexington; abolish mayor's

court .._____.....-___........____.-...._._.___.___-_..__..811, 1132, 1181, 1250, 2221, 3059

SB 621--Eye Bank Technician; may extract

eyes from donor's body -______~.811, 1034, 1134, 1190, 1204, 3052, 3060

SB 622--Civic Organizations; relating to zoning appeals .--..-..----.--._----811

3170

INDEX

SB 623--Civic Organizations; relating to zoning appeals ____..___..______________.._.811

SB 624--Juvenile Court Code; places

of detention __...._.__...._..__.._.....___....__..___.811, 1532, 1721, 1876, 1881, 1888

SB 625--Baldwin County Small Claims Court;

fees in proceedings __._-______.______________.._.___..______.______..893, 1132, 1181, 1250

SB 626--Fulton County Board of Commissioners;

change composition ,,__...____..._.__....___.____._.__......__..,,_.____..,,__...__._._._...__...893

SB 627--Jekyll Island; granting of franchises to

utility companies ....____...__..____,,. 893, 1359, 1445, 1544, 1675, 3050, 3060

SB 628--Health Insurance; reimbursement for

services .........._.._.._,, 893, 1441, 1533, 1877, 2076, 2087

SB 629--Examining Boards; cost of examination remitted

to providers of exam ,_,._.._._.. 894, 1319, 1361, 1450, 1458

SB 630--City of Richmond Hill; change

corporate limits __._____.____________.____._.___... 894, 1132, 1181, 1251, 1792, 3059

SB 631--Effingham County; sheriff employ

deputies .......... 894, 1132, 1181, 1251, 2221, 3059

SB 632--Special Adult Offender Act; change

effective date .. ..

. 894, 1179, 1243, 1325, 1337, 2703, 3060

SB 633--Telephone Answering Service; notification of

suspension of services _._.___._.._.._...___..__..__.___ 894, 1035, 1134, 1190, 1205

SB 634--Invention Development Services; regulation of contracts .-- .......--...895

SB 635--Counties; receive grants relating to State-

owned land, certain cases .

895, 1131, 1185, 1273, 1274,

1325, 1545, 1704

SB 636--Psychoeducational Center Network and Centers; provide ______ _._____964

SB 637--Workmen's Compensation; certain benefits to State

employees totally incapacitated ... -- __...

964

SB 638--Corporations; not required to mail

certain documents to shareholders _____.. ._____.964, 1131, 1185, 1273, 1274

SB 639--Corporations; change of control, stockholders' rights ___-.__.......... 965

SB 640--Bank Holding Companies; stockholders' rights in

acquisition of bank shares .._... .__- .____--..___,,______--.____________.._._.._....__..965

SB 641--Bad Checks Trial; admissibility of

evidence .__.....____....____.....__.....-_...._.-__..__......__.....965, 1441, 1533, 1742, 1745

SB 642--Eeal Estate Brokers; license suspension, appeal

bond required in applying for stay of order ._....___..........__......_._.._..... 965

SB 643--Bail, Criminal Cases; accused retains right of

commitment hearing __...._.._._....__...____...___.....1031, 1178, 1243, 1325, 1338

SB 644--Board of Accountancy; appointment of

personnel ___.._...__.._..._...__.___.._.__...__-.....__._....__..1031, 1718, 1807, 1876, 1883

SB 645--Hancock County; Board of Commissioners 1031, 1240, 1320, 1362,

1910, 2053, 3060

SB 646--Kennesaw; change corporate

limits ....__._....__.._...._.._......_......___.1031, 1240, 1320, 1362, 2877, 2905, 3060

SB 647--Fair Business Practices Act; certain procedures unlawful ........1031

SB 648--Baldwin County Board of Commissioners; change

provisions relating to chairman ..... 1032, 1240, 1320, 1371, 1909, 3059

SB 649--DeKalb County Citizens' Commission for

Efficient Government; create ........ 1032, 1718, 1811, 1844, 2483, 3060

SB 650--Chiropractic College Student; circumstances

for performing tasks ._.._... ................... 1032

SB 651--Health Insurance; coverage for handicapped

persons ....._......._.......___....__.._....___....._......_._.....1032, 1441, 1533, 1742, 1748

SB 652--Fulton County Commissioners; composition ....._--..___...-..__..._.__,,--1032

SB 653--Cities; relating to incorporation _.................._..___._._.__..__......1032

INDEX

3171

SB 654--City of Sandy Springs'; incorporate _---_______----__.--_--__--__________.__1032

SB 655--Nursing Home Administrator; must be

licensed by Board ___.__--____.._.___--._____.__._____1122, 1531, 1721, 1876, 1911

SB 656--City of Eatonton; change corporate

limits ._._.______--._________--_..__.___.._._____..1122, 1240, 1321, 1363, 1909, 3059

SB 657--Recreation Examiners Board; qualification of members _________ ,.,1122

SB 658--Pornography; movie projectionist exempt from

provisions of Code --.--___.__..__-.___..._..___.__________. _____..__1122

SB 659--City of Rome; temporary loans

made by city ___...____________________...___._______1122, 1240, 1321, 1363, 1909, 3059

SB 660--Wilkes County Small Claims Court;

change jurisdiction _____________________ ____1123, 1240, 1321, 1363, 1909, 3059

SB 661--Outdoor Advertising Permit; change

application provisions ______________1167, 1360, 1445, 1545, 1676, 2702, 3060

SB 662--Fulton County Business License; relating to unpaid taxes __.--__1167

SB 663--Regulation of Water Vessels; application

accompanied by proof of taxes paid __..._____.__._.__.._______.1168

SB 664--Atlanta-Fulton County; tax executions

advertised and sold _____ ____ __________________.________________1168, 2242, 2251, 2450

SB 665--Town of Camak; mayor and councilman,

terms of office _ ._

. ____1168, 1442, 1538, 1732, 2221, 3059

SB 666--Municipal Home Rule Act; amend relating to

consolidated governments ......1168, 1441, 1534, 1742, 1749, 3050, 3060

SB 667--Motor Vehicle Certificate of Title Act; amend

relating to cancellation provisions ___..-.- 1232, 1360, 1446, 1545, 1677

SB 668--Nursing Care Personnel; establish standards

of skill _

.

. 1232, 1531, 1722, 1876, 1885

SB 669--Gwinnett Judicial Circuit; additional

judge _________________________ .-____________-._______________1232, 1532, 1722, 1876, 1887

SB 670--Door-to-Door Sales; compliance with Federal

Trade Commission rules _____ __________._____.._____1232, 2093, 2097, 2285, 2287

SB 671--Birth Certificates; adopted persons born outside

United States

. 1232, 1359, 1446, 1545, 1678

SB 672--Rabun County; governing authority

become self-insurer ....... 1232, 1442, 1538, 1732, 2482, 3060

SB 673--Pistol, Weapons Concealed; change

provisions _.......______. ....... 1233, 1358, 1446, 1544, 1665, 2967, 3009, 3060

SB 674--Militia Districts; change requirements

relating to male residents ..____----....1306, 1532, 1722, 1876, 1887, 1933

SB 675--County Police Force; no longer

required to be men _________________ ___L_..___1306, 1532, 1722, 1876, 1890, 1933

SB 676--Sexual Offenses; any person without regard to

sex may be guilty _____________________________ 1306, 1532, 1722, 1876, 1890, 1933

SB 677--Use of Obscene Language; guilty of crime

without regard to sex ___._._........._._.__. 1306, 1532, 1722, 1876, 1892, 1934

SB 678--Enticing Person to Enter Establishment for Immoral

Purposes; guilt with regard to sex... 1306, 1532, 1722, 1876, 1893, 1934

SB 679--Wages; payment to spouse of either

sex _____-...-_____-_--______-__--._________--______ 1306, 1532, 1723, 1876, 1894, 1934

SB 680--Females; not exempt from military,

police or road duty ___ _ ._.___.______.____..__1307, 1532, 1723, 1876, 1894, 1935

SB 681--Females; repeal Code section relating to

admission to branch colleges of University

System .....____....________..__.__ 1307, 1532, 1723, 1876, 1895, 1935, 2702, 3061

SB 682--Professional Certification of Registration;

notification to city or county ......______...--.-.._____.--._....________________.._________ 1307

3172

INDEX

SB 683--Dodge County Board of Education;

election of members ___---_,,___-.-__-___--.._____,,_____________________________.___. 1307, 1333

SB 684--Wills, Estates; legality, provisions for time of effect ............_....._.1307

SB 685--Mclntosh County Board of Elections;

provide ....,.- ...

1307, 1442, 1541, 1730, 2222, 3059

SB 686--College Degree; minimum value $10,000'.__ 1308, 1530, 1723, 1876, 1896

SB 687--Dawson County Sheriff; personnel

and expenses ...._...___......__.....__-_____.,...1308, 1442, 1541, 1730, 2221, 3059

SB 688--Glynn County Board of Commissioners;

method of Election ____._____.._______.1308, 1442, 1542, 1731, 2483, 2502, 3060

SB 689--Gwinnett County State Court; use of

jurors from a jury pool .........__.....__..1308, 1442, 1541, 1731, 2316, 3061

SB 690--Criminal Procedures; redefine double

jeopardy .

1354, 1720, 1807, 1876, 1898

SB 691--Jones County Commissioners;

compensation ._._..___,,._.,,_______.___..___..__. 1354, 1442, 1542, 1731, 2222, 3059

SB 692--Colquitt County Tax Officials;

relatig to time for tax returns ___.__.1354, 1442, 1542, 1731, 2316, 3061

SB 693--General Assembly; reapportion Senate districts

34 through 39 ....................._....._...._.........._..._..1354

SB 694--Abortion; repeal Code Chapter and add new chapter ___.__..______,,.__. 1355

SB 695--DeKalb County Airport Authority;

create ......... 1355, 1827, 1833, 2114, 2169, 2877, 2880, 3059

SB 696--Peace Officers; change

qualifications ....__._.._...__..1430, 1530, 1723, 1876, 1899, 2704, 2790, 3060

SB 697--Firearms; change provisions relating to

discharge on Sundays ... 1430, 1532, 1723, 1876, 1900, 3023, 3024, 3060

SB 698--City of Rockmart; city elections and political

activities of employees _....._._._...._..__..1430, 1718, 1811, 1834, 2482, 3061

SB 699--City of Waynesboro; new charter ___.1519, 1718, 1811, 1845, 2482, 3060

SB 700--Long County Small Claims Court;

create .-___.....___.___.-_.___..,,._..._-_.......__. 1519, 1718, 1811, 1834, 2482, 3060

SB 701--Bryan County State Court Judge and

Solicitor; eligibility _____._.____. ...___.___._._.1519, 1718, 1812, 1834, 2482, 3060

SB 702--County, Municipal Office; 18 years or older eligible .........._............1519

SB 703--Western Judicial Circuit of Georgia;

additional judge _.____......1519, 1720, 1807, 1876, 1901, 3023, 3029, 3060

SB 704--Savannah Municipal Court; minimum

salary of judges _._.._...._._.._..._..1519, 1718, 1812, 1835, 1874, 3050, 3060

SB 705--State Equine Commission; create __...__.._.. 1712, 1806, 1828, 2160, 2166

SB 706--Athletic Trainers; regulation and

licensing ___....._____......___....._.___...._........___....._._.1713, 1806, 1828, 2160, 2168

SB 707--Fair Market Value; assess property

according to use _...__......._. 1713, 2093, 2097, 2285, 2292, 2993, 3015, 3060

SB 708--City of Meansville; new charter _._.._.1713, 1827, 1833, 2117, 3050, 3060

SB 709--Fulton County Clerk and Sheriff; fees for

services rendered in domestic civil cases .--....-1796, 2425, 2436, 2705

SB 710--Water Quality Control Act; permissible

limits of surface water usage

.......

....... ..... 2422

SB 711--Civil Practice Act; revise procedures

relating to class actions ...-- .-- ---- ....

2422

INDEX

3173

SENATE RESOLUTIONS

SR

4--General Assembly; change sessions and

procedures ._.---------------------------------------.------No action in 1976

SR

8--Senate Committee on Economy, Reorganization

and Efficiency in Government; abolish .__.___.No Senate action in 1976

SR 11--Chatham County Utility Services Authority; create --_----------------.----.......------.--No action in 1976

SR 12--Constitutional Convention; General

Assembly provide by law -- ... ---- -- _._ __----No action in 1976

SR 14--University System; free tuition to senior citiezns ..---- _.--...903

SR 15--Senate Committee on Economy, Reorganization and Efficiency in Government; change membership ................. _----.--..------------ No action in 1976
SR 21--Judicial Nominating Commission; provide for ....... No action in 1976 SR 27--Constitutional Amendments; by
initiative petition _------------------____----.--------.968, 1035, 1137, 1141

SR 31--General Assembly Salaries; no change during terms ........ ...... ....._.-------- No action in 1976
SR 32--National Guard Retirement; benefits ------------..-- No action in 1976 SR 34--Homestead Exemption; increase for certain
disabled veterans ..__._. .... ._.--------.. No action in 1976 SR 37--Public Service Commission; change
terms of office _----..------------------ ...No action in 1976

SR 38--Transportation Department; urged to continue work studies on-West Georgia Tollway ___..--------_____----._____--__--_.262

SR 40--Montgomery County; conveyance of State property to .......---------- _._..-- .._._. No action ia 1976

SR 42--Ad Valorem Tax; exempt property of

nonprofit home for aged __------_----------------_..__._----2943, 2950, 3061

SR 44--Third-Party Practice; venue of

civil actions ------------------------------------ No Senate action in 1976

SR 46--Law Enforcement Officer Killed in Line of Duty;

program of indemnification ------__----____------------ No action in 1976

SR 50--Crime Involving Dangerous Weapon;

minimum sentence ........... .........

No action in 1976

SR 51--High School Student Voter Registration; relative to .....-...........-- .. No action in 1976

SR 52--Ad Valorem Tax for Schools; homestead exemption, certain 62 year olds ___.._....,...... ----------.No action in 1976
SR 58--Property Tax; same for inventory as tangible personal property ._.._----.......... ________ No Senate action in 1976
SR 59--Ad Valorem Tax for Schools; homestead

exemption, certain 62 years olds ........_._.___......_..__.._._.... No action in 1976 SR 60--Ad Valorem Tax; homestead exemption for
62 year olds, certain income -------------------------- No action in 1976 SR 64--Real Property; separate class for tax purposes ...._ No action in 1976 SR 68--State School Readiness Testing Study
Committee; create ...... .. ........No action in 1976 SR 69--World Food Crisis; relating to ----__------_------------No action in 1976 SR 71--Workmen's Compensation Trust Fund,

Subsequent Injury; establish .------------.476, 507, 548, 568, 3056, 3061 SR 73--Public Commission; change terms of

office of members .......595, 645, 693, 737, 742, 758, 839, 908, 975, 979

3174

INDEX

SR 77--Agrirama Development Authority Overview Committee; oversee operations of the Development Authority ___.....-__.._.__.....____.._.._..No Senate action in 1976

SR 78--Agrirama Development Authority Overview Committee; expenditure of $5,000 annually .__._._._.__. No action in 1976

SR 81--Engineering Experiment Station at Georgia Tech;

designated as Georgia Productivity Center ....._...,,.__._..903

SR 82--Mobile Homes; separate class of property

for taxation ....... ....... ............... 2877, 2896, 3061

SR 83--Heard County; homestead exemption _--....-- No Senate action in 1976

SR 86--Clean Air Act; urge Congress to maintain current automotive emission requirements .----.. .... ..._.-..._-... No Senate action in 1976

SR 89--Downtown Savannah Authority; delete from Constitution .._....,,......._.

.No action in 1976

SR 91--Commission to Study Equal Rights; create ._...._.___ No action in 1976 SR 97--Fulton County; change definition of income
for homestead exemption ......_........_.__... 2482, 3061

SR 102--Public Programs to Combat Hunger; provide for _.. No action in 1976 SR 103--Office of Constitutional Review; create ...._....__....._...No action in 1976 SR 107--Public Service Commission; appeals and
reviews go to Supreme Court ................ No action in 1976

SR 112--Surplus Books; allow donation to certain nonprofit organizations ...-..-.....__..._......__......._..... 2383, 3061
SR 113--Ad Valorem Tax; cities and counties grant certain exemptions ... ... -- ....... No Senate action in 1976
SR 115--Fulton County Transportation Study

Committee; create ._._____._.......__......__.................... No action in 1976 SR 121--Motor Fuel Tax; relative to proposed

federal increase .--.-- .-.__._.._..___________ No action in 1976 SR 122--Collective Bargaining by Public Employees;
committee to study ..........._._.._____________________ No action in 1976

SR 123--Power Plant Siting Committee; create .............. - . ... 88, 256, 887

SR 124--Driver Education Study Committee; create ____________________........................,_......_._ No Senate action in 1976

SR 127--Georgia Tax Revision Study Commission; create ______-________..___________________...____.._________.___._______.No Senate action in 1976

SR 128--Committee to Study Health Maintenance

Organization; create ,,._....._____-_-___,,________._____________ No action in 1976

SR 129--Pecan Pie; designate State Pie ...........

No action in 1976

SR 131--County Education Boards; members elected ........... No action in 1976 SR 145--Cotton Farmers; require government help ....No Senate action in 1976

SR 146--Veterans; academic requirements in colleges __....... No action in 1976

SR 148--Baldwin County; conveyance of certain real property _.._______-______________._______.-.,,___.-_______._____._.._____ No action in 1976

SR 152--Atlanta; homestead exemption, annual filing no

longer required .--.. -- ...-----..-- -- --. .. .

902

SR 157--Grady County; lease of certain real property ._..._..No action in 1976 SR 161--Ad Valorem Tax; homestead exemption,
certain 62 year olds ---.----...-- --.. ......... No action in 1976

SR 169--General Assembly; legislative process open and accessible to public .............. ........ No action in 1976
SR 172--Junk Yards and Outdoor Advertising; relative to federal laws on _..,___.._._._._.......,....... No action in 1976
SR 200--Life Sentence; must serve 30 years before parole ....No action in 1976

INDEX

3175

SR 201--Life Sentence for Murder Conviction; must

serve 30 years before parole _--_--.....___. ....._.....No action in 1976

SR 202--Life Sentence for Rape; must serve

30 years before parole _______________._-----.-- .. No action in 1976

SR 203--Life Sentence for Kidnapping; must serve

30 years before parole ___.--..------_..--.-._.__.._._______._____.No action in 1976

SR 204--Life Sentence for Armed Robbery; must

serve 30 years before parole ....--.

_

No action in 1976

SR 205--Life Sentence for Aircraft Hijacking; must serve

30 years before parole ------------------...___._.._._--... No action in 1976

SR 206--Life Sentence for Sodomy; must serve

30 years before parole ._.--...__._._____.......__.----.

_ No action in 1976

SR 248--Governor and Lieutenant Governor; elected

create ._..___.---------- _----.--.._--------. No action in 1976

SR 215--Georgia Agricultural Coliseum in Tifton;

recognizing need for _........_._...__.. No action in 1976

SR 240--U.S. Constitutional Amendment; urge Congress to

initiate to limit Federal appropriations to

estimated revenue .--____._

_._.--.--.--_.....___..........._.,, 30

SR 241--Governor; provide for succession to office,

abolish office of Lieutenant Governor _____..._..______----____...___..______ 30

SR 242--Rules of the Senate; adopting ... _. _

. . 12

SR 243--Notifying House that Senate has convened __..___.,,_.________________________--.12

SR 244--National Budget; urging Congress to balance ____________ ... 30, 270, 298

SR 245--Senator from the Sixth District; censuring __..__..._.._._. 16, 542, 585, 631

SR 246--Dr. John Ransom Lewis, Sr.; regrets at passing ._...........___.....__.___.__.. 94

SR 247--Davisboro Volunteer Fire Department; commend ___.__.....__.._........... --94

SR 248--Governor and Lieutenant Governor; elected

jointly ._..__..___.__.._....._........______.___.30, 95, 235, 257, 258, 275, 291, 316, 317

SR 249--Tangible Property in Transit; tax exemptions __._._..__...__..........---_____.30

SR 250--Governor; succeed himself

................. 31

SR 251--Disabled Veteran; vehicle tax exemption ...31, 1318, 1361, 1450, 1459

SR 252--Governor's Approval or Veto of Bill;

time period _____________________.......____--..._.___________.46, 503, 546, 600, 648, 658

SR 253--District Attorney; General Assembly define law

practice for qualification for office ______________.._.___ 46, 234, 254, 275, 294

SR 254--Probate Court Judge; General Assembly

establish qualifications __________________________..-._._.___46, 234, 254, 275, 296

SR 255--General Assembly Meetings; change provisions,

provide for consideration of Appropriations Bill ......__._.. ._..._-__...-.....-46

SR 256--Health Insurance Plan for Teachers; urge

early funding ______ ___....__.___________ __________...._____ 46, 504, 546, 600, 648, 661

SR 257--Criminal Appeals Court; General Assembly

create ._....._________ ......... 47, 596, 645, 693, 737, 742, 908, 910, 975, 1017

SR 258--Eighteenth Georgia Mayors' Day; tribute to officials __..____.._.__..___..__.41

SR 259--Real Property; legislation for taxation

and classification _________________________________________________ 52, 234, 253, 275, 282

SR 260--Certified Tangible Personal Property in Transit;

tax exemption _____.__________.._.. 52, 251, 272, 317, 465, 479, 508, 547, 577

SR 261--State and Local Fiscal Assistance Act

of 1972; urge reenactment ...____.._..__......._ 73

SR 262--Handgun Used in Commission of Felony; 10 years

imprisonment required upon conviction ............... ____.,,._.._._._._____70

SR 263--Martin Luther King, Jr.; honoring memory on birthday ......... ....... 67

SR 264--Fran Tarkenton; commend __..............._.._._._._.__.._...__......................_...--..-73

SR 265--Steve Bartkowski; commend ___.__.._.________.._...___.__.___.___.__.._________.._. 73

3176

INDEX

SR 266--Public Service Commission Members; elected from commission district for four years ___ 230, 765, 821, 909, 975, 1051, 1059

SR 267--Ms. Edith Smoak; commend ._______-.......__..______..__--._..._......__.___....._........ 236

SR 268--Mclntosh County; condemnation of property by State _.......___.....__.___..._.....____....___.230, 263, 767, 821, 909, 919

SR 269--Public Programs to Combat Hunger; provide __.___.____.._..........--__.._-_ 230

SR 270--State Board of Education; composition ___.___.._...__.._.._..__..._..._.....___.....230

SR 271--Miss Esther Bruner; commend ___.

.,,--_____.___..__..,.____._ 237

SR 272--Peach Blossom Trail; designate a portion of

Highways 41 and 341 -__-____._____._____________.__~-_______.230, 271, 309, 479, 482

SR 273--Honorable Steve Polk; commend ___.____._______-__-..___._..__.__.___.__________._.._______.241

SR 274--Code Title 47; committee to study and

revise ._.___.___._.._-____............_.__....___.....______________..___.250, 819, 905, 976, 1026

SR 275--Teachers' and Employees' Retirement System;

continued investigation ....__.____.___,,._....,,,,.________..,,_.___.____..._._.._.___...,,.___.251

SR 276--Georgia Bulldogs Football Team; commend ....__.___.,,_.__.._._ 255

SR 277--Dr. C. L. Ayers; regrets at passing ...._....._.___..._._._._...__..........__.255, 302

SR 278--Mr. Howard D. Waters; commend ___.........--____..--__...-...__.....____._._.__--_.255

SR 279--Phil Flynn; wishing speedy recovery _______________________________.__________________255

SR 280--Honorable Chastine Parker; regrets at passing ________.______.____.___________256

SR 281--Randy Johnson; commend ,,.__-....,,_.,,_.,,_..,,___________.256, 302

SR 282--Floyd County; conveyance of certain

real property ,,___.__.,_______,, 268, 543, 598, 649, 674, 2371, 3061

SR 283--Homestead Exemption; increase for certain

disabled veterans _____.--___.._._--____-_.__--___.,,_..__. 268, 503, 546, 600, 648, 662

SR 284--Ad Valorem Tax; exempt property used as

solar energy heating or cooling

system ........______.........__.....268, 503, 546, 600, 648, 664, 2382, 2401, 3061

SR 285--Gordon County; conveyance of certain

State-owned property ____.____._.___. 268, 597, 645, 693, 737, 745, 1517, 3059

SR 286--Glynn Harrison; commend _._.____-_-.________-____.___._____....__....___..__.............. 264

SR 287--University System; Regents urged to

devise continuing system for salary

increases for personnel .,,___ ____.______.____..__..._......___.268, 476, 507, 548, 570

SR 288--James David Bristol; welcoming ..__..______,,......___.....___........__.___..._ 275, 470

SR 289--Phillip Henry Niekro; commend _-__-.......,,.______.-.............--___.._...__.___._._.275

SR 290--City of Riverdale; commend

-______,,--_____,,,,.297

SR 291--Reverend Wyman E. Wood; commend

,, __ _

,,.297

SR 292--Visual Care Overview Committee; create _____________...___._...__._...._._._._,, 304

SR 293--State Land Owned by U. S. Forest Service; relative to ______..,,......__ 304

SR 294--Revenue Estimate Board; create __......_-.....___._._.,,..._.._...._..._______.._--.......473

SR 295--Honorable John Simpkins; commend ___._------,,_.--,,. -

.._.....467

SR 296--Fox Theater; commend Southern Bell Telephone

Company for efforts to save __..__.-----_,,_---.--___.,,,,...__.,,_..............___.._...479

SR 297--W. J. "Bill" Usery, Jr.; commend _..._..,,..._..___._......___.........__..__ 467

SR 298--Medicaid Claim Processing Study Committee;

create _..._,,,,_____.__,--,,.___..-- ,,..-- 473, 733, 770, 840, 908, 911

SR 299--Health Facilities; committee to study

certificate of need .-..____.._....-.____....__-_..__....473, 596, 645, 693, 737, 777

SR 300--George B. Jones; commend ........____,,........--._._____...___......_.______.____.__.,,. 479

SR 301--Honorable Herman G. Yeomans; regrets at passing _______,,_____--____.479

SR 302--Honorable Spencer W. Kimball; commend ____....._,,____.,,..,,.___...------ 479

SR 303--Senate Agricultural Research Study Committee;

create __._.__......_..___..........-_.___.........-.-._._-..-..-_.,,__.._......___-....-.,,_ 500, 730, 2344

SR 304--Senator Floyd Hudgins; commend ....____....,,...._._._..........,,...______.,,___..___.485

INDEX

3177

SR 305--General Assembly Members; urged to hold

town hall meetings __.__._.._. ___.547, 809

SR 306--State Computers Study Committee; create _.____..______.._____....____.....______..___..._...__.__...._____._...538, 819, 905, 976, 1017

SR 307--Industry and Trade Department; name change from Community Development Department .... -----538, 687, 735, 777,

797, 2704, 3061 SR 308--City Charter; referendum required on local Acts repealing _____ __ 538

SR 309--Pulton County Industrial Authority; create ___-._._____.____...._________ 591

SR 310--Baldwin County; Adele Louise Tucker Park ______.______.____.____-_____.__.___.______..____. 591, 734, 770, 840, 863, 2419, 3061

SR 311--Ad Valorem Tax for Schools; homestead

exemption for 62 year olds, certain income .__.___________.._....__......__..___._ 591

SR 312--South Cobb Jaycees; commend ___________________________________ _______________ ______547

SR 313--Election Constitutional Executive Officer;

succession after disability __..._..__._.___._______.._._.___. 591, 903, 969, 1051, 1094,

2382, 2407, 3060

SR 314--Mental Retardation Study Committee; create ..___._ ..... 592, 733, 2344

SR 315--Troubled Children Study Committee;

create .__._....__..-.___..-.__.___.._..__.._._.638, 1034, 1135, 1190, 1217, 2704, 3061

SR 316--Mr. James C. Hogan; name Central State

Hospital building in his honor _____ 592, 819, 905, 976, 1018, 3056, 3061

SR 317--Smyrna Homestead Exemption; ad valorem

tax exemption for disabled . . _ 638, 732, 773, 836, 2482, 3061

SR 318--Government Overview Committee;

create --.-_----_. 639, 765, 821, 909, 975, 981

SR 319--Joint Workmen's Compensation Law Study

Committee; create .

.

639, 733, 770, 840, 864

SR 320--Muscogee County; conveyance of certain State-

owned property _____________________________ 682, 818, 905, 976, 1003, 1517, 3060

SR 321--Reverend James G. Mayo, Sr.; commend __._....._..._.._......_._... ._._....._.. 692

SR 322--Burke County; conveyance of certain Stateowned property ._..._______._____.._.___._.__.___682, 734, 770, 840, 865, 2371, 3061
SR 323--Rules of the Senate; amend relating to committees ______________________________________.____.__..682, 2428, 2459, 2460, 2918

SR 324--Wilkes County; conveyance of certain Stateowned property ______.._______._______._.__.-726, 818, 906, 976, 1020, 1517, 3059

SR 325--George L. Smith, II State Park; Parrish's Pond renamed ............726, 1179, 1243, 1325, 1339, 3056, 3061
SR 326--State Employees; relative to pay raise _.________726, 903, 969, 1051, 1097

SR 327--Abolishing, Consolidating City or County Governments; General Assembly have power _. ....... ... . . ....... _......._ .726

SR 328--Federal Davis-Bacon Act; urge Georgia Congressional Delegation, seek repeal ...... ......_.......__......... ...............726
SR 329--Franklin County; conveyance of certain Stateowned property __......._.___.....____________. 726, 818, 906, 976, 1020, 1517, 3060
SR 330--W. Newsom Summerlin; regrets at passing ..... .......... .._....._........_..737

SR 331--Public Assistance Laws; relative to changes .._____...______.__________.__.._._ _.____._______._______762, 1034, 1135, 1190, 1206

SR 332--Elbert County; conveyance of certain Stateowned property ........................762, 1035, 1135, 1190, 1207, 2370, 3061
SR 333--Title XVI of Social Security Act; urge Congress to amend __...._........._......._...... 762, 1241, 1319, 1375, 1376
SR 334--"We the People" Painting; relative to ..............._........._............_..._..._.776 SR 335--Mrs. Bertha G. Maguire; commend ........__...__......._.__................._.___..._...776

3178

INDEX

SR 336--Senate President Pro Tempore; provisions for succession to President ._..__--_._..--_...._._. 762, 968, 1035, 1138, 1149
SR 337--Board of Pardons and Paroles; divide into three member panels --------763, 903, 969, 1051, 1098, 1114, 1154
SR 338--American Society of Association Executives; welcome to Atlanta.........----___.----.--___.__,,__._--_______----_--_____------______777
SR 339--State Properties Commission; grant easement to Branigar Organization, Inc. --763, 1035, 1136, 1190, 1208, 1517, 3060
SR 340--Dr. J. Clyde Driggers; regrets at passing ____________.._____..._.____._.________.__777 SR 341--General Assembly; provide annual 45-day
sessions .__.....___.....____.___._...._._._.._. 895, 1319, 1361, 1450, 1462, 2966, 2967 SR 342--Spalding County; levy business license fee
in unincorporated areas .... ..._....._... .... 895, 1133, 1184, 1259, 2222, 3060 SR 343--State-Owned Property in Chattanooga, Tennessee;
approve purchase bid ............... 895, 1035, 1136, 1190, 1208, 3056, 3061 SR 344--Mrs. Lillian McGill; regrets at passing ___.._......__.._......................_...._ 839 SR 345--Regional Governments Study Committee;
create ...._._.....___.....__-..._........._...___..__......__.....___.895, 1441, 1534, 1742, 1750 SR 346--Property Transfer; from Human Resources
Department to Corrections Department --.896, 1033, 1136, 1190, 1218 SR 347--Sheriff Harry W. Owens; regrets at passing ___----_._--____._----.______.975 SR 348--Education Board; urged to establish courses
on free enterprise system __..._.._.....____....__.._._.896, 1177, 1244, 1325, 1341 SR 349--Health Laws Study Committee; create --.896, 1034, 1136, 1190, 1219 SR 350--School Districts and Systems; State aid -896, 1178, 1244, 1325, 1342 SR 351--Adjournment; relative to __.__--_._.....___--__.___.____....._._...._,..__._......._._ 960, 964 SR 352--Student Intern Program; appreciation to members ._.__..._--.____--975 SR 353--Bar Examination; General Assembly provide
by law for administration ....___..._._...__......,............__.....__...___......_._._.._..._.966 SR 354--Coach Pepper Rodgers; commend ._..._...._.___..._.....___._....._..,,..._.___.....__.977 SR 355--Dr. Vivian W. Henderson; regrets at passing _._.__...........--......__..._ 975 SR 356--Morehouse College Administration, Staff; commend --.__----_-- 975 SR 357--Battey Surgical Building; designate at Northwest
Georgia Regional Hospital ...... 1033, 1241, 1319, 1375, 1377, 3056, 3061 SR 358--Bob Blackwell; commend __...._.__..._.._....._.--._......___.._......___.._...... . ... 1059 SR 359--Tom Mann; commend ....___.....___..______..._....._._..____.._...___._..._...._.___.1044, 1167 SR 360--City, County; purposes for revenue
anticipation obligation issuance ......--....--. -- -_,,...__.--..__--.___,,-....... 1123 SR 361--Moultrie-Colquitt County Development Authority;
interest rate on revenue bonds ..........1123, 1241, 1321, 1381, 2223, 3060 SR 362--Ad Valorem Tax; exempt property of historical
societies ------------------------------------.1123, 1358, 1446, 1545, 1679 SR 363--Pulton-DeKalb Hospital Authority Study
Committee; create .___...._._...__....__.....___. 1168, 1719, 1816, 1844, ?185, 3061 SR 364--Liz Carmichael Jones; honoring _...__._...____.....__...____................ 1188 SR 365--Creation of County Police Department;
share duties with county sheriff __._...___.._____..._.....____......__.,,.._........__ 1168 SR 366--Dodge County High School Cumbancheros Band; commend ........1188 SR 367--Volunteers in Criminal Justice, National Forum; welcome ....__.... 1188 SR 368--Mrs. Ruth LeFlore Ward; regrets at passing ................_..____._----_ 1188 SR 369--Irwin County High School Football and
Baseball Teams; commend --------------------------.._.___......___......_..1273 SR 370--Board of Education; reinstate sixth-year
certificate program ___..._.___....__..._......__......_..1233, 1444, 1534, 1742, 1751 SR 371--Stop Drugs at the Source; honor leaders in petition drive ...........1283 SR 372--Adjournment; relative to ......_......_..___....__...____....___..._.--.............1294, 1296

INDEX

3179

SR 373--Dr. W. E. Smith; commend -------------------------------------1273

SR 374--Harris County; conveyance of certain State-owned property --------1308, 1444, 1534, 1742, 1752, 2704, 3061

SR 375--Governor's Bicentennial Youth Congress and its President; commend ------.-------------------.----------1325

SR 376--Federal Clean Air Act; urge Congress amend ------.-----------------------------1355, 1532, 1723, 1876, 1902

SR 377--Dodge County Board of Education; election of members ---------------1355, 1442, 1542, 1768, 2483, 3061

SR 378--Materialmen's Lien Study Committee;

create _..._...._.._._-.._.._--.......___.__.._..,,_..__-.._.___.._...__..._......._.1355, 2940, 2941

SR 379--Welfare Programs Study Committee; create

.. -1355

SR 380--Alternative to Nursing Home Care for Medicaid;

endorse HEW attempt _._.._.... --------------1355, 2096, 2100, 2285, 2287

SR 381--Liberty County Industrial Authority;

membership -----------------------------1356, 1442, 1542, 1772, 2223, 3060

SR 382--Consumer Debt Collection Study Committee;

create -----...------.----......--------------------------1356, 2940, 2941

SR 383--Mel Blount; commend -----..._.--...-------------------------1375

SR 384--Harry Guyton DeLoach; commend .------

..

1375

SR 385--Postmaster General; urged to issue stamp

commemorating gold discovery in Georgia .... ..____....___......_.._._..... -- 1430

SR 386--Honorable Samuel Marvin Griffin; commending _........_..... 1450, 1711

SR 387--Full Employment in Georgia Study Committee;

create ----------------_.------------ ... .1430, 1720, 1808, 1876, 1903

SR 388--Rules of the Senate; amend .............................................1^1, 1506, 1508

SR 389--Honorable Ben W. Fortson, Jr.; commend

.

----1490

SR 390--Mayor Carl R. Dykes; honoring ---- ... -----------1544

SR 391--Committee to Study General, Mechanical

and Electrical Contractors; create -----------------1520, 2940, 2941

SR 392--Federal Davis-Bacon Act Study Committee; create __...... ... ........ 1713

SR 393--DeKalb County; revenue for support

of the arts ..._._..._..... ------- 1713, 1827, 1833, 2193, 2211, 3056, 3061

SR 394--Judge Randall Evans, Jr.; commend . .. . .--.-----1544

SR 395--Henry Odum, Jr.; regrets at passing .

_ -------1544

SR 396--Status Offenses Study Committee; create ------------1714, 2247, 2343

SR 397--G. R. Snyder; regrets at passing ...._._............._._.._..._...__.,,...... ...........1703

SR 398--Hugh Burrows; regrets at passing ._......_._.........._._.__._.......... --------1742

SR 399--Alexander Stephens Skelton; regrets at passing .... .. .... -----1703

SR 400--Cleve Fountain; commend ...._..._._.. ........................ __.._...__....................1704

SR 401--Garnett McKinley Kirk; commend ........................................ -1742

SR 402--Adjournment; relative to _........_.........._..........._...._.. -1761, 1795, 1826

SR 403--Bob Sparks; wishing success on transatlantic balloon flight ----1817

SR 404--Community of Glennville; commending

............ ...... .......1817

SR 405--Bicentennial Celebration .in Jenkins County; relative to .. ..........1817

SR 406--Bicentennial Celebration in Emanuel County; relative to - - ...-1817

SR 407--Bicentennial Celebration in Washington County; relative to - .. 1817

SR 408--Bicentennial Celebration in Warren County; relative to ...... .. 1817

SR 409--Bicentennial Celebration in Burke County; relative to .. .... ..... 1817

SR 410--Bicentennial Celebration in Glascock County; relative to .. ---1817

SR 411--Bicentennial Celebration in Jefferson County; relative to ..... ----1817

SR 412--State Government Expense Vouchers and Travel

Allowances Study Committee; create .... . . .... ........... 1827, 2940

SR 413--Medical College of Georgia Dean of Nursing;

request Attorney General to investigate _....._. ......__.... ......... ........ 1827

3180

INDEX

SR 414--State, County, Local Officials; resign before

election to another office __-_-------.,,-_--_----_----._-__---___-___-__ 1875

SR 415--Health Education Study Committee; create ..._...._._... 2090, 2244, 2344

SR 416--Ms. Clare Beth LeGros; commend _--..__________ ______..___ .._ . 1875

SR 417--Charlie Roberts; congratulating ___._..____

..___ ..1875

SR 418--Water Resources Study Committee; create _______________ 2090, 2246, 2345

SR 419--Services for Aged Study Committee; create __.........___.__._ 2091, 2690

SR 420--John Portman, Lynn Himmellman,

Harry Mullikin and others; commend _._..._.__________ 2085

SR 421--Honorable W. J. Usery, Jr.; commend ....._...._..._........._.........._......... 2085

SR 422--Richard Wright Watkins, Sr.; regrets at passing ____________________ .. 2085

SR 423--J. Herman Andrews; commend

________ 2085

SR 424--Samuel E. Taylor; regrets at passing _________________________ _.2085

SR 425--James Doyle Jones, Jr.; regrets at passing ________________________________ 2085

SR 426--Basil H. Usery; commend _____________________________________ 2085

SR 427--Davis Michael Alien; regrets at passing ..______ _______________ 2085

SR 428--Dick O'Hara; commend ___________ ____________________________ 2085

SR 429--Eschol Moon, Sr.; regrets at passing _______________ ._________..___ 2085

SR 430--Mrs. Josie Helms Buice; regrets at passing _--___-_________ _____--. 2085

SR 431--J. Royce Dobbs; regrets at passing ___________________________________________.2086

SR 432--Post 140 American Legion; commend _____________________ ___._______.. 2086

SR 433--WWGA Radio; commend _

2086

SR 434--Honorable Gwynne D. Maurer; commend ________________________ 2086

SR 435--Gordon L. Heath; commend __________________________ _____________________ 2086

SR 436--John Whitlow Wyatt; commend _..._..2086

SR 437--Sheriff Bobby Sykes; commend ________________ _________ ....____ 2086

SR 438--Correctional Educational Programs Study

Committee; create ____________________________________________________2091, 2246

SR 439--Salespeople in Georgia; relative to

dedicated work ____._.__.__..._. 2091, 2428, 2455, 3056

SR 440--Tom Wassell; commend __________________ ________________________________ _____2160

SR 441--Property Tax Sales Ratio Study Committee;

create .............................................................______________________.2240, 2940, 2941

SR 442--Atlanta Landmarks, Inc.; commend _ _--____ ______ ___2233

SR 443--W. J. McKemie, Jr.; commend ________________________________________________ 2233

SR 444--Southern Bell Telephone; commend on 100th

anniversary of telephone invention _-_____.._.___._.......2233

SR 445--Lyndon A. Wade; commend _._.._ _.__._ _________________ 2233

SR 446--Honorable Preston B. Lewis; commend _____________________ __.____._ 2233

SR 447--Litter on Highways throughout State; relative to _____________________ 2345

SR 448--Telephone Center Ladies; appreciation to ______________ ___________________ 2345

SR 449--Young Adult Involvement Study Committee; create _____ ________ 2345

SR 450--DeKalb County Study Committee; create ............. _______________2455

SR 451--Ed Johnson; commend ______ _______ 2455

SR 452--"Today in Georgia" Program; commend _____ ............. ______ ___________ _2455

SR 453--Ployd Lee Norton; commend _________________________ ___________________ _______ 2455

SR 454--The Farmer; praise __________ ________________________________________________________ 2455

SR 455--Savannah Jaycees and Jaycettes; commend ____________________________ _____2456

SR 456--United States Postal Service; relative to ........................................2690

SR 457--Lyons High Football Team; commend ______________________ ___________________ 2690

SR 458--Lyons High Boys' Basketball Team; commend ......... _________ ____.2691

SR 459--Melvin B. Hill; commend ___________________________ ____________.2691

SR 460--Brewton Parker College Baronettes Basketball

Team; commend __------___-_-____.__-____-___.__ ___________________ _______ 2691

SR 461--WPLO AM and FM; commend ___________________ __________________ 2691

SR 462--Generic Drug Substitute Study Committee; create _____________ ___2691

INDEX

3181

SR 463--Honorable R. Eugene Holley; bestowing permanent

title of Senator _

._

_.

________ 2691

SR 464--Trooper Gary Moss; commend ......

.....__._-....2681

SR 465--Miss Jan Hudson; commend ._..............__................._.__..._..._______________ 2941

SR 466--Ed Laborwit; commend ....................... .................... ................2941

SR 467--Bill Wilson; commend _...._..__...__.__...__........._._.__...__........._._.....-........... 2880

SR 468--Honorable W. Norman Adams; regrets at passing .... ..................2942

SR 469--Cleveland W. Pettigrew; commend ....__.....-_._..............._.........__ 2942

SR 470--Honorable Perry J. Hudson; commend .._._...__..._..._...._.........._...._.._._ 2880

SR 471--Mrs. Nellie Dozier Ridley; commend ._.......__.....___.._...._......... ........... 2942

SR 472--Pat Jarvis; commend ........ _____.--__..._.______.._--._____..._....._.___.___.._-__._....2942

SR 473--Dr. Charles H. Herty; recognizing efforts ._.-__......-...... .................2942

SR 474--Sam Wallace; regrets at passing _._____...________..________-._..__._-____._....____.2942

SR 475--Governor's Medical Malpractice Advisory Council; request

Insurance Commission to provide certain information ..................2942

SR 476--Honorable C. Ed Berry; commend ___..-___.__..___.___._._-...__..._......___....__.2942

SR 477--Adjournment; relative to .....__._......._......___.__............_... .3050, 3059, 3061

SR 478--Honorable Joe Kennedy; commend .._......._._.-._.._._............_.........._...._.3009

SR 479--Roy Anderson; commend ._._.._................... 3009

SR 480--Bobby Hopper; commend ......_._............._._......_.._........ ..... ............... 3009

SR 481--Rockmart-Aragon Hospital; commend staff and employees ......3009

SR 482--Omer Meritt; commend ..... .......... _____ _ _____ ......... _______________ ______3009

3182

INDEX

PART III

HOUSE BILLS AND RESOLUTIONS

HB 54--Adequate Program for Education (APEG) ;

change beginning age for children ________________....,,_.___._.._..____._____________.732

HB 78--Gasoline and Special Fuels; limitations

on distribution .._.-...___....__...___...._...____...__...._.___.._....._...721, 728, 2426, 2429

HB 88--Optometrists; prohibit discrimination

against .-.___.....__...._.....-___........___...__....___.....______.___.469, 473, 903, 969, 1051

HB 102--Atlanta Employees' Pension Fund; composition

of Board of Trustees ........._.._-....__--.. . -- .. No action in 1976

HB 127--Property, Title by Prescription; mineral rights,

additional methods to obtain title __._____,,..___.--____._______ No action in 1976

HB 131--Banks, Bank Holding Companies; regulate

acquisition and control of stocks in bank ............. 47, 54, 72

HB 158--Teachers' Retirement System; additional post-

retirement benefit adjustment _____--..___.__________._. 1795, 1804, 2247, 2256

HB 163--Civil Defense; certain rescue organizations

exempt from licensing requirements ............ 234, 253, 275, 2888

HB 164--Corrections Board; pay counties for maintenance

of certain State prisoners ....._._.588, 592, 734, 770, 840, 866, 936, 938

HB 171--Visitation Rights; grandparents of

minor child ....____.....__.....____.._.536, 540, 733, 770, 840, 867, 888, 975, 978

HB 179--Employees' Retirement System; certain

members eligible for group term life __..____. 806, 814, 1179, 1244, 1325,

1345, 1429, 1886, 2223, 2228, 2694, 2701

HB 190--Employees' Retirement System; include

additional persons ...... 889, 898, 1134, 1185, 1273, 1275

HB 194--Elections; campaign activities, prohibit petition

circulation certain distance from polls .____.--____..___.No action in 1976

HB 214--Sheriffs, Officials; authority to serve

certain municipal notices, summons ____________-.___________.252, 272, 317, 465

HB 234--Fulton County Sheriff; compensation ...............901

HB 251--Fulton County Judges; and Solicitor General's

Retirement Fund; change certain figures and

conditions ...... .-..,,.

252, 272, 310

HB 253--Criminal Docket; repeal code on order of cases called up .... 536, 540

HB 270--Grand Jurors; provide for alternates . .. .

................. 1720

HB 272--Public School Employees' Retirement; retire

after 31 years .._.___..._......___..._.__._.........._..889, 898, 1319, 1361, 1450, 1466

HB 282--Firemen's Pension Fund; eligibility

requirements .._.........__...__._._..__.._......___...._..._.. 2247, 2256, 2459, 2461, 2700

HB 284--State Auditor; compensation, expenses .................._...._..._..-- 1717, 1808

HB 293--Peace Officers' Annuity and Benefit Fund;

disability benefits .__.__...._....._........._.....1118, 1128, 1721, 1808, 2285, 2288

HB 300--Elections; vote recount provisions in certain

General Assembly races ___.....__..._...._.....___..._._..88, 91, 765, 821, 909, 930

HB 308--Superior Court Judges' Retirement System;

create ....__......__.......__....__.___..___._..1242, 1320, 1376, 1397, 1517, 1664, 2239

HB 312--Employees' Retirement System; certain service

deemed full-time __.......___....... .......891, 898, 1134, 1185, 1273, 1277

HB 326--Employees' Retirement System; change

duties of Actuary _..._________.__.____________._. 1301, 1313, 1807, 1828, 2459, 2464

HB 354--Property Deeds to Secure Debt; limitations _...._.--...No action in 1976

INDEX

3183

HB 360--DeKalb County Board of Registrations and

Elections; provide ----------.----.._______-----.. _ No action in 1976

HB 391--Companies Doing Water Business; tax returns ......543, 598, 649, 675

HB 405--Atlanta; sale of alcoholic beverages

on Sunday . .

....__.......... 818, 906, 976, 1004, 1011, 1029

HB 407--Accountants and Public Accounting; revise laws ___________ 1424, 1434

HB 422--Water Wells Standards Act;

enact ___._._.__..__.___..____..-__-....._--1710, 1715, 2096, 2100, 2459, 2465, 2700

HB 449--Title Insurance Act; enact -- . _...........__._.________ No action in 1976

HB 460--Atlanta; delinquent municipal taxes

.

2406, 2417

HB 461--Fulton County Tax Assessors; certify and

file tax digests annually ___._..____............__....__..........__......_.._.... 901

HB 490--Income Tax; explanation of personal

exemptions _..--.__.._..___.._-.___.___..._.....__...__...._.._.49, 52, 817, 906, 976, 1005

HB 508--Long County Tax Receiver and Collector;

consolidate offices _._.__....._._._.________._...._..___________._..,,.._. No action in 1976

HB 509--Long County Probate Court Judge; compensation ... No action in 1976

HB 510--Long County Superior Court Clerk;

compensation _____.._,,________. ________--_-___._______...____._._______________No action in 1976

HB 529--Sales Tax; credit allowed for returned

property .____________.__._..._____.._.__.__.______________....____.__49, 52, 817, 906, 976, 1006

HB 530--Coweta County Board of Education; provide ...... No action in 1976

HB 533--Income Tax; definition of "exempt

organization" .._._...............___..__._.. 807, 814, 1534, 1743, 2285, 2379, 2700

HB 541--Disclosure of Fees; by governmental

agency

......... 1118, 1128, 2095, 2105, 2285, 2381

HB 542--Unclaimed Property Act; time to

presume abandoned ....._..___.__.._ ......._____......___.._..__ 270, 309, 479, 483, 536

HB 543--Atlanta; qualification of council members .-..._.._..... -- .__......----._- 901

HB 572--Law Enforcement Officers; immune from liability

in certain civil actions -__._._._...__..._.-.__..-.-_____......--.__._. No action in 1976

HB 583--Superior Court Clerks; invest certain funds

deposited in registry .

. . 2095, 2105, 2285, 2289

HB 588--Death Penalty Cases; sentence procedure ._.._. 1034, 1136, 1190, 1220

HB 593--Homicide by Vehicle in First Degree;

redefine _

1178, 1244, 1325, 1376, 1392

HB 613--Polling Places; distance for campaigning

and firearm requirements ___,,___-_,,_____._._--___________________ No action in 1976

HB 652--Fulton County Criminal Court; change

provisions relating to demand for trial ._...._._._.._......... 2242, 2251, 2440

HB 654--Fulton County Criminal Court; additional judge .-- No action in 1976

HB 656--Veterans; no benefits or privileges without

honorable discharge __..,,.._._.....--._....--.--._.._...----....... No action in 1976

HB 659--State Space Management Act;

enact ._.._._.__.................. ._.._._.___.__. 496, 500, 765, 821, 909, 930, 1030, 1276

HB 660--Fulton County State Court; consolidate

civil and criminal courts .........._..._...___ 889, 896, 2424, 2433, 2718, 3057

HB 681--Voter Registration; require uniform

registration card __..... .....__.___.._..._..._..1122, 1131, 1358, 1446, 1545, 1681

HB 690--DeKalb County; appointment of

county registrars -._-.-_---..__._.---.. No action in 1976

HB 691--DeKalb County Chief Registrar; compensation .....No action in 1976

HB 707--Motor Vehicle Accident Reparations Act;

redefine "owner" .__________________.__-_,,__.___________________...._________._____.________...,,___..92

HB 718--School Students; provide for nutritional examinations

upon entering first grade .-...-533, 540, 1531, 1723, 2285, 2383, 2485

3184

INDEX

HB 723--Funeral Director License Applicant; valid embalmer's license required .----.245, 251, 595, 645, 693, 737, 747, 809

HB 731--Miscegenation; repeal provisions relating to _.............. ... 14, 15, 2245

HB 732--Crime Information Center Advisory Council; composition _.__._......_._..........._.._____.___.__._______.14, 15, 1720, 2160, 2170, 2485

HB 738--Damage Caused to Beehives by Bears;

State liable ...

.

. ....759, 763, 1176, 1244, 1325, 1376, 1380

HB 754--Legislative Service Committee; provide for organization .._--.....- .....

........... ........240, 302

HB 757--Health Care Services and Plans; regulations .......... ... ..........759, 763

HB 773--Farm Credit System; prohibit contracting

insurance business _____.._._____.._.________-.._------.....___--.. ........_......._......635, 640

HB 781--Estate Tax; filing, interest, appraisal and

payment _-__.-...__.......___..__..._.........._...._.2060, 2080, 2241, 2248, 2459, 2467

HB 782--Income Tax Laws; amend certain

sections ___......_.._._..._.._..241, 257, 275, 276, 967, 1051, 1137, 1138, 1353,

1380, 1504, 1506, 1665, 2191, 2421

HB 783--Income Tax; amend provisions relating to secrecy

of information _._.____._..._......_._.._..,,.._._............._...... ..........307, 475, 509, 528

HB 784--Malt Beverages; limit on possession,

transporting nontaxed __..._.......__.....227, 233, 967, 1035, 1138, 1151, 1428

HB 797--Special Grand Juries; add certain

additional counties _._...._._..._...._.721, 728, 1134, 1185, 1273, 1279, 1325,

1326, 1429, 1502, 1711

HB 798--Stenographer for Grand Jury; add

additional counties _____,,._______._.________-..______..--_..____.._..______,,--.._._....1165, 1173

HB 817--Decatur County Hospital Authority;

appointment _.......___.___..._.__..,,..___.....,,_.__.........._......._....__ No action in 1976

HB 835--Voter Registration; change appointment

procedures for registrars .__.----..._......_...--..._.._.----... No action in 1976

HB 836--Housing Authority Law; authorization on

housing project .-..___.,,--..___._....___.........._._.--..,,....,,----....-------. 1424, 1435

HB 838--DeKalb County Recorder's Court; authority

to assess fines

,,_..,,.,,,,_._......_........_.._.._...731, 773, 830, 1030

HB 839--DeKalb County Board of Commission of Roads

and Revenue; fines and punishment ___.__--...________.__.731, 773, 830, 1031

HB 842--Area Planning and Development Commission;

appointment of members _._..._.__..__.__.-___...-._....._......._._.No action in 1976

HB 879--Flashing Lights on Motor Vehicles; authorize

additional uses .-------- ..,,----,,-

--.588, 592, 687

HB 883--Dangerous Drugs; include new drugs

in definition

.

2245, 2248, 2459, 2468, 2699

HB 884--Commission on Status of Women;

composition and pay ..-.._......-..---.._.--.......................... No action in 1976

HB 902--Richmond County Tax Assessors; furnish property values to City of Augusta _..._.--.__..._.,,....._. No action in 1976
HB 903--Election Code; affidavit qualifying for party nomination .__.____........__-_...._..._.....469, 473, 595, 645, 693, 737, 748
HB 905--Cities, Counties; establish homesteading programs -------1515, 1524 HB 918--Married Woman; surety on bail bonds
in criminal cases ___________..______.__.________.1424, 1435, 2097, 2105, 2459, 2469 HB 922--Gift to State; no right in payee __-_____.....__..._ 88, 91, 252, 272, 317, 466 HB 926--Newton County Commissioners; submit itemized
statements of certain expenses ___.___..___724, 803, 859, 1105, 2628, 2701 HB 955--Indictments; two or more offenses same indictments ._...--. .....,, 1359

INDEX

3185

HB 972--State Government Boards, Commissions and Authorities; code of ethics .._-._..--_...___.._.. 1319, 1361, 1450, 1470, 1712

HB 986--Fraternal Benefit Societies; relating to certificate reserves on life insurance ............._--..469, 474, 1358, 1446, 1545, 1682

HB 989--Voting Machines; change number to be provided ........._...._...._......._...........88, 91, 2426, 2429, 2738, 2937

HB 994--City of Berlin; new charter ...._._......__._.-._....__._.......__.__.___..._.252, 272, 310

HB 997--Sales Tax; clarify exemptions on farm

equipment .

..........2089, 2091, 2241, 2248, 2737, 2797, 3052

HB 998--Cherokee County Officials; number of employees --.No action in 1976

HB 1002--Homestead Exemption; change

amount ___...-._..........._........_....__......._.__.._.......301, 304, 901, 970, 1051, 1107

HB 1004--City of Norman Park; new charter _______.___..__________.___.252, 273, 314, 498

HB 1009--Augusta-Richmond County; unify

government ......_._._......_......._.............__.1295, 1469, 1518, 1674, 2810, 3055

HB 1017--Tax Collectors and Tax Commissioners;

minimum salaries ........._._._...._....._...___.1441, 1534, 1742, 1753, 1758, 2062

HB 1018--State and Local Purchasing Authority; give

State products preference .._.....__...--._..---.--_.....---..__.---_._..__.....__.. 14, 22

HB 1033--Revenue Department; pay salary supplement to

county tax appraisers, certain cases ___.__--_.___..1424, 1435, 1718, 1808,

2285, 2290

HB 1042--Landlord and Tenants; tenant rights __..._...__.___.1118, 1128, 2427, 2429

HB 1067--Tallapoosa Judicial Circuit Judges;

supplemental expense allowance __.____________._.______.__.._______.2242, 2251, 2440

HB 1087--Richmond County Board of Tax Assessors;

chief tax appraiser

_.. .. ._.__._..,,--.....No action in 1976

HB 1092--City of Baconton; new charter __._....___.........._.__.._....._.252, 273, 315, 498

HB 1103--Insurance; apportionment of casualty

insurance ............................................1793, 1803, 2093, 2098, 2285, 2291

HB 1131--Towns County Sheriff; compensation ....._....._.1240, 1321, 1371, 1518

HB 1132--Towns County Superior Court Clerk;

compensation _..--__._...--. .... ..--.._.._.--,,_.._..__--._._._._.. __^.No action -in 1976

HB 1133--Towns County Probate Judge; compensation ......... No action in 1976

HB 1138--Alcoholic Beverage Sale; minimum container size,'.

sold by retailers __......___.___.. ...__.___._.......587, 592, 1132, 1185, 1273, 1279

HB 1141--Legislative Service Committee; investigate boards

and agencies of Executive Branch _,,___________.__..________.....___..__.__1720, 1808

HB 1147--City of Moultrie; referendum on number of

alcoholic beverage licenses to be issued --............-.__. No action in 1976

HB 1148--Testimony, Death Sentence Cases; transcript

prepared within certain time ....721, 728, 1178, 1244, 1325, 1450, 1471

HB 1149--Brooks County Small Claims Court;

administrative fee _......,.._..............1529, 1726, 1825, 2368, 2457, 2692,

2693, 2916, 3054

HB 1162--Cobb Judicial Circuit Judge; compensation .---....-No action in 1976

HB 1170--Pulton County Governmental Immunity; waive in

case of Sosby, Avery, Skinner and Cox _.....__.__..,,..__..__._...__.. .__.._..... 901

HB 1177--Marietta; extend corporate limits .-_.....----......--......--No action in 1976

HB 1179--Laurens County Treasurer; compensation _._..........._._._.... 252, 273, 310

HB 1182--DeKalb County Solid Waste Disposal and

Resource Recovery Authority; create ............ ....... No action in 1976

HB 1186--Dependent Children; requirements for

public assistance payments ....891, 899, 1531, 1724, 1876, 2049, 2209,

2218, 2369, 2403, 2940, 2951, 2962, 3028

3186

INDEX

HB 1210--Fiscal Affairs Subcommittee; create within each House of the General Assembly __.........-___..........____....No action in 1976
HB 1212--Arraignment and Pleas; condition for accepting guilty pleas --_,_____--~-__-____---__-___.__..2060, 2081, 2427, 2429
HB 1214--Mortgaged Property; increase punishment for sale of motor vehicle-__________.________..__-807, 814, 1242, 1320, 1450, 1472
HB 1216--Motor Vehicles; school bus not proceed until children have crossed street ___-__.____.1165, 1173, 1360, 1446, 1545, 1683
HB 1227--Appropriations for Operation of State Government; supplemental 1976 ..__,________________._.48, 70, 93, 97, 107, 237, 244, 342, 470
HB 1228--Municipal Home Rule Act; repeal .....__.___.____._.....__.49, 53, 771, 840, 868 HB 1229--Municipal Corporation; procedure for sale
of property ....___.....-._____.-........___.687, 592, 1359, 1446, 1545, 1684, 1936 HB 1230--Lightning Rods; repealing certain
code chapters __._.....___...._....i.-...__-...____............225, 231, 764, 821, 909, 932 HB 1231--DeKalb County; repeal Act on tax collection
study commission ___._____.-_..___...___.___......_____.225, 231, 764, 822, 909, 933 HB 1232--State Government Agencies; repeal Act
on collection of fees ..._...___._.....___.___......_,,_,,. 225, 231, 765, 822, 909, 934 HB 1233--Fees; firms lending money on salaries .____. 225, 231, 765, 822, 909, 935 HB 1234--Insurance Companies Doing Business with State;
repeal requirement that agents' names be furnished ........_.__-........-..____.......-..____._......_-__....226, 231, 765, 822, 909, 936 HB 1235--Deputy Revenue Commissioners; repeal certain Code section relating to duties -... 226, 231, 765, 822, 909, 937 HB 1236--Confederate Soldiers; repeal tax exemption granted to park owners -__-__.-.-__.........____....226, 232, 765, 822, 909, 938 HB 1237--Tax on Personal Property; repeal Act exempting Armed Forces members from certain penalties _-____..__.--_.______._________._._-___ 226, 232, 765, 823, 909, 939 HB 1238--Income Tax; armed forces members, repeal Act providing for abatement upon death _______ 226, 232, 765, 823, 909, 940 HB 1239--Korean Veterans; time extension for filing income tax, repeal .....__-__._._..._..__._...__.226, 232, 765, 823, 909, 941 HB 1240--Motor Fuel Tax; repeal subsection on certain watercraft .._.___.____........___-..........._-....226, 232, 765, 823, 909, 942 HB 1241--DeKalb-Fulton County; repeal alphabetical list tax digests ___........._______.__......-____......____.227, 232, 765, 823, 909, 943 HB 1245--Tax on Obscene Materials; additional exemptions ___._._.-......-__.___.._......___._____....___.___.227, 233, 765, 823, 909, 944 HB 1249--Blood Donation or Purchase; label accordingly _._________________.__________._.637, 641, 1034, 1136, 1190, 1220, 1305 HB 1250--Possession of Firearm During Commission of Felony; change penalty provisions ....__..____.........___._.806, 815, 1179, 1244, 1325, 1450, 1505, 1712 HB 1256--Public Safety Department; two marked vehicles per patrol post __......___._-__.__..._._._-_.___.634, 640, 687, 736, 777, 800 HB 1258--Real Estate; illegal use of funds intended for improvements defined as theft ........_____.-._.1228, 1236, 1720, 1808, 2160,
2459, 2470 HB 1259--Trade Mark Owners; repeal Act
protecting .....__..__..........__.___..__.....____........_._.___....-87, 92, 270, 309, 479, 485 HB 1261--Auburn City Council; attendance at
meetings ........ ,,-.,,_..._,,..._.,,...,,_,,.. 86, 90, 252, 273, 311 HB 1265--Jury Duty; delete exemption for 65 year olds ....1167, 1175, 1720, 1808

INDEX

3187

HB 1266--Occupational Therapy; regulate and license practice ...----...........-_._.____.__ 1424, 1435, 2245, 2248, 2459, 2471
HB 1267--Madison Mayor and Councilmen; change terms _.._.,,.__^________..___-____-.-_-_____..__.._______._._..___.86, 90, 252, 273, 311
HB 1269--Adequate. Program for Education (APEG) ; amend to provide for recitation of

Pledge of Allegiance .... _...______.._.____....___.___.._.496, 500, 732, 771, 840, 883 HB 1270--Free School Lunch; false information
unlawful ......_.__...__.___.....__..__..__...._.889, 899, 1178, 1245, 1325, 1376, 1394 HB 1271--Loitering on School Premises;
unlawful ___._....._._....__.___._.___.__... 1302, 1313, 1444, 1534, 1743, 2160, 2177 HB 1273--Alcoholism and Intoxication Treatment Act;
effective date ....... 1228, 1236, 2245, 2249, 2459, 2472 HB 1274--Employees' Retirement System; Agricultural
Commodity Commission employees be

members

.

1710, 1715, 2247, 2257, 2459, 2473

HB 1276--Crime of Perjury; punishment _._-__.__..7S9, 763, 1720, 1809, 2459, 2474

HB 1277--Armed Robbery Offense; redefine and

change penalty .................___...._._._....._ 1295, 1308, 1533, 1724, 2285, 2304

HB 1278--Dentistry Practice; change laws

relating to ........ 963, 966, 2096, 2100, 2285, 2304

HB 1281--Podiatry; examination and qualifications

of applicants __________......................... ... 807, 815, 1034, 1136, 1190, 1223

HB 1282--Estates, Wills; procedures in cases of

missing persons ...___......___.._.._.._..__......1295, 1308, 2245, 2257, 2459, 2475

HB 1286--Madison County Tax Commissioner;

compensation _.-..._.. 86, 90, 252, 273, 311

HB 1287--Heard County Probate Court Judge;

compensation

..........

86, 90, 252, 273, 312

HB 1288--Heard County Tax Commissioner;

compensation ______..__________.___.._._________.____.._____.__.__________.87, 90, 252, 273, 312

HB 1289--Heard County Superior Court Clerk;

compensation ._.......___._..___.....___.._...._..._____........_.__..._._....87, 90, 252, 274, 312

HB 1290--Heard County Sheriff; compensation _. ............... 87, 91, 252, 274, 313 HB 1291--Pecans Falling on Highway Right-of-Way;
property of owner __...._.___.__....._._.._...__..._.__......496, 501, 730, 771, 840, 869 HB 1295--Fulton County Commissioners; pension
benefit computation ___.___.__.________.___._____.__,,___. 1509, 1520, 2242, 2252, 2441

HB 1296--Fulton County Officers and Employees; participate in pension fund .........,_.._..._......1B09, 1520, 2242, 2252, 2442

HB 1297--Fulton County Judges and Solicitor Generals Retirement Fund; payment of benefits ........889, 896, 2424, 2433, 2704
HB 1299--Motor Contract Carriers; redefine certain terms ___..,,..__..__.__.....______.__...._.,,_.469, 474, 505, 546, 600, 648, 666

HB 1301--Financial Institutions; relating to fiduciary powers ___.....___...........____496, 501, 1177, 1245, 1326, 1376, 1389

HB 1302--Teachers' Retirement System; creditable service for leaves of absence ___._._________.__..1300, 1313, 1445, 1535, 1743,

210, 2178, 2405, 2651 HB 1304--Acceptance of Drafts; time period
for acceptance .._.___._.....__.__.__......___._._.......__.._.497, 501, 818, 906, 976, 1027

HB 1306--Town of Uvalda; granting of franchises ._..___..____ 87, 91, 252, 274, 313

HB 1307--City of Glenwood; granting of franchises ._.._.._.._ 87, 91, 252, 274, 313

HB 1308--State Supported Military College; tuition grants .._____._._......_.._._._._._._..___.13B2, 1356, 2244, 2257, 2459, 2477

3188

INDEX

HB 1310--Street Annexation; no signature of owners ._.--_____..-_______________680, 685, 1177, 1245, 1326, 1450, 1473, 1486,

2095, 2285, 2306, 2699 HB 1311--Public Property Owned by Political Subdivision
Outside City Limit; tax __..._..,,.._._._._.. 963, 966, 1358, 1447, 1545, 1685 HB 1314--Firemen's Retirement System; increase

certain benefits --____.__-__-________..___________._535, 541, 904, 970, 1051, 1108 HB 1315--Firemen's Retirement System; powers and duties
of Boards of Trustees --------_--_.__._--_,,. 535, 541, 904, 970, 1051, 1110 HB 1316--International Banking Corporation; encourage
making loans ....__....-.________..-..-__-_._....__.__._._.497, 501, 765, 823, 909, 945

HB 1318--Judicial Administrative District; create .___.._....__._....._.___._.____...._-..2316, 2342, 2427, 2429, 2739, 2788, 3053

HB 1319--Trial and Post-Trial Procedures; consolidation of actions __--__-- .__--_--. _______ 87, 92, 1359
HB 1320--Indictment; circumstances for charging two or more offenses ,,_.__._,,--_--____497, 501
HB 1322--Decatur County Superior Court Clerk; compensation _,,__._._.__ 87, 91, 252, 274, 313
HB 1323--Misdemeanor Sentence of Six Months; serve during off-work hours _______________.,,.______ 301, 305, 596, 645, 693, 737, 755
HB 1324--Planning and Zoning; cities and counties, powers .--_-_____,,--______--_____.__________..__--____.__-_._.._300, 305, 771, 840, 870
HB 1325--Tax Equalization Boards; provide for absence of members at meetings _______________________________ 301, 305, 733, 771, 840, 870
HB 1326--Wills; procedures for testimony of witnesses --___-_----_____----___--__301, 305, 1178, 1245, 1326, 1450, 1476
HB 1329--Soil Amendments; distribution and

sale . _ - -___________680, 685, 1176, 1245, 1326, 1376, 1395 HB 1330--Agricultural Limestone Sale;
regulation ______.__.___________.______759, 763, 1176, 1245, 1330, 1376, 1387, 1712 HB 1332--Hearsay Evidence; certified statement on
Medicaid diagnosis admissible ......,,----_--....----_.--_--____________ 963, 966

HB 1333--County or City Public Office; 18 year olds

eligible to hold - .

1709, 1715, 2428, 2432, 2737, 2799

HB 1334--Public Officials; procedure for suspension of

county officials felony appeal _______________.____._________587, 593, 771, 840, 871

HB 1336--Community Antenna Television Systems; considered project under Development Authorities Law ,,,,______..__ 963, 966, 1177, 1245, 1326, 1376, 1450, 1477

HB 1337--Motor Vehicle Accident Reparations Act; notification in cases of operating without insurance ____________.._.____497, 501, 1177, 1246, 1326, 1450, 1478

HB 1339--Driver's License Permitted as Bail; prohibit in certain cases ----_____--____--____------497, 502, 597, 646, 693, 737, 749

HB 1340--Jury Selection; change number of strikes in felony cases ._..__.__.____._____...__._.,,_...

.1793, 1802, 2097

HB 1341--Natural Resources Department; issue
permits to kill deer damaging crops ...._________....__-__._..__________._.,1300, 1313, 1440, 1535, 1743, 2160, 2181

HB 1344--Law Practice; certain parties to dispossessory

warrants file documents without

attorney

.

300, 305, 1242, 1320, 1451, 1478, 1712

HB 1345--Atlanta Firemen Pensions; eligibility of spouse as beneficiary ... .___________.__,,._______________1114, 1123, 2424, 2433, 2705

INDEX

3189

HB 1346--Dispensing Opticians; additional

training _______.___.___.___.___.____......___..--...-..-...586, 593, 1034, 1136, 1190, 1209

HB 1348--Child Abandonment Cases; parents

competent witnesses __..____._____.-._.-_--__.300, 305, 596, 646, 693, 737, 750

HB 1349--Alimony; provisions relating to attorney's

fees ....... 300, 306, 596, 646, 693, 737, 751

HB 1350--Appropriations for Operation of State Government;

fiscal year 1976-77 ... ......_.........._ ._._.1030, 1033, 1440, 1508, 1544, 1546,

1706, 1786, 2507, 2701

HB, 1352--Governor; reciprocal agreements with other states

t

relating to motor vehicles ______...--__--...469, 474, 505, 546, 600, 648, 668

HB 1353--Local Sales Tax; amend Act concerning time

limit and authority to call referendum .....__.....1352, 1356, 2093, 2098,

2285, 2309

HB 1355--Obscene Materials; certain displays must be

48 inches above floor ...........____________...--....________.___.2238, 2240, 2427, 2429

HB 1360--Chattooga County Board of Commissioners;

create -.-..-.... 265, 268, 595, 646, 690, 760

HB 1362--Public Employees; deduct insurance premiums

from wages .-...__.........................1302, 1313, 1441, 1535, 1743, 2160, 2184

HB 1364--City of Hogansville; new charter .._...__._...._......_..265, 269, 595, 646, 688

HB 1366--Adequate Program for Education (APEG) ; sick

leave for personnel, vocational and

and area trade schools ............1229, 1236, 1444, 1535, 1743, 2285, 2310

HB 1367--Unemployment Compensation Law;

benefit table ____________721, 728, 1178, 1246, 1326, 1876, 1937, 2080, 2088,

2405, 2416, 2456, 2680, 2687, 2969, 3054

HB 1369--Teachers; provide for maternity leave of

of absence ......_._._.._..._.......... .....1119, 1128, 1444, 1535, 1743, 1756, 1936

HB 1370--Health Insurance for State Employees; increase

maximum participation ......_.._..._....__........_... 282, 298, 542, 598, 649, 676

HB 1371--Garnishment; right to writ after

judgment ............................ ........1120, 1128, 2427, 2429, 2737, 2739, 3058

HB 1376--County Tax Equalization Boards; change

qualifications for membership ........... 807, 815, 1177, 1246, 1326, 1451,

1545, 1686, 2316, 2415, 2484, 2637, 2879, 3054

HB 1377--County Tax Equalization Boards; change time

for filing appeal notice ............. 807, 815, 1177, 1246, 1326, 1376, 1418

HB 1378--Revenue Department; retirement

requirements and benefits ..-.1120, 1129, 1319, 1361, 1451, 1481, 2060,

2080, 2208, 2312, 2484, 2952

HB 1379--Tax on Corporations; clarification of

deductions ... ......._...__..._.......__.... ..........2089, 2091, 2241, 2249, 2738, 2799

HB 1382--Peach County; provisions for Grand

Jury stenographer .................................._.___.__......___ 265, 269, 595, 647, 688

HB 1384--Judicial Sale; purchaser use cashiers' or certified

check in lieu of cash, certain cases ...........586, 593, 765, 824, 909, 947

HB 1385--County Tax Assessors; change penalty

provisions for unreturned tax ....... .... ..1119, 1129, 1441, 1535, 1743,

2160, 2185

HB 1387--Wine Brands, Shipment and Sale;

records open to public _.__._........._._. ..._.______..535, 541, 818, 906, 976, 1007

HB 1388--Alcoholic Beverages; certain records open

to public inspection _._._........._. ..... ......... .....535, 541, 818, 907, 976, 1007

HB 1389--Malt Beverage Brands, Shipment, Sale;

records open to public ...................................535, 541, 818, 907, 976, 1008

3190

INDEX

HB 1391--Pesticides; regulation of sale, distribution, use ...._....._._._-_...._.....-....634, 640, 730, 771, 840, 872, 1121
HB 1392--Structural Pest Control Act; additional definitions .._._._.....___..._....... ........634, 641, 730, 772, 840, 874

HB 1393--Pesticides; regulate use and application .__._...____....___..._..._.....__..__........635, 641, 730, 772, 840, 874, 1121

HB 1394--Malt Beverage; sale in various container size by certain common carriers ...............587, 593, 1132, 1186, 1273, 1280
HB 1395--Wine; sale in various container size by certain common carriers ......_._.........___.680, 685, 1132, 1186, 1273, 1281

HB 1399--Felony Case Jury; alternate jurors certain cases _......_._..._.._._._._._.__.....-..._......722, 728, 1134, 1186, 1273, 1282

HB 1401--General Assembly Members; provisions

relating to vouchers ............................... _..............._................_...__.300, 306

HB 1402--Consular Corps License Plates;

issue free of charge .._.__..._................... 497, 502, 597, 646, 693, 737, 752

HB 1403--Motor Vehicle Certificate of Title Act;

bonds

_....... 497, 502, 767, 824, 910, 946

HB 1405--Minor Children; change age provisions for liability of parents _...___..._.... ........722, 728, 1134, 1186, 1273, 1284

HB 1407--Athens Employee Pensions; Police and Fire Department members ._.___........... ................299, 306, 595, 647, 688

HB 1408--Tax Commissioner and Collector; receipt of checks and money orders ......_.........__..1793, 1802, 2095, 2105, 2459, 2685
HB 1411--Columbus City Court Judge; filling of vacancy .._......__.___........._..........._.__._............_.........534, 538, 731, 774, 825

HB 1412--Teachers' Retirement System; property investments, assets exempt from tax ._.._._......_..1301, 1313, 1807, 1828,

2459, 2478 HB 1416--Elections; certain local education board
members elected in nonpartisan manner ......................................470, 474 HB 1420--Douglas County Board of Commissioners;
qualification ............. 299, 306, 731, 774, 826 HB 1421--Fulton County Board of Commissioners;
composition .__.___...,,.-..,,............_.____......_._._.....___......--..,,..-... ..........1160, 1169 HB 1422--Grain Dealers; licensing and
bonding ............. 889, 899, 1176, 1246, 1326, 1376, 1396 HB 1423--Atlanta Area Planning and Development
Commission; removal of county from provisions ._........_....._...586, 593 HB 1428--Tax Due Notices; include certain
notices ...........___.___.,.._-.__..1424, 1435, 1718, 1809, 2285, 2384, 2943, 2964 HB 1431--Georgia Bureau of Investigation; special
contract investigators ._.._._._......._....._._.587, 593, 1134, 1186, 1273, 1285 HB 1433--Recording Deeds; relating to execution before
officer of different county ---498, 502, 1178, 1246, 1326, 1451, 1484

HB 1434--Muscogee County; book recording prisoners kept by jailer .._.....___..__.......-.._____....._.._...___.............533, 538, 731, 774, 826

HB 1435^Colquitt County State Court; monthly and quarterly terms __..._...._.....___...__........__......_._._...299, 306, 595, 647, 689

HB 1438--City of Bainbridge; ordinance violation penalty provisions ..........299, 306, 595, 647, 689

HB 1439--Decatur County Small Claims Court; jurisdiction .......___.._.......__.._._._......._.......__..-_._..._..300, 307, 595, 647, 689

HB 1439--Decatur County Small Claims Court; jurisdiction .--........_..___....._-.__......___.____.....__.._......300, 307, 595, 647, 689

INDEX

3191

HB 1440--Clayton County; abolish office of coroner

and create county medical examiner ____________ 300, 307, 595, 647, 760

HB 1443--DeKalb County Development Disabilities

Planning and Coordinating Council;

establish ........................................................5S4, 539, 901, 974, 1043, 1231

HB 1445--Medical Malpractice; notification to

Board of Medical Examiners _____________________________________ 1119, 1129, 1359

HB 1446--Civil Practice Act; provide for pleadings in

actions for medical malpractice .__..__ 1229, 1236, 2096, 2100, 2459, 2480

HB 1447--Employees' Retirement System; accumulated

forfeited sick leave ________________ ________ 1119, 1129, 1445, 1535, 1743, 1767

HB 1448---Pineview Mayor and Council;

terms of office _______ ______________..___________________________.__534, 539, 731, 774, 826

HB 1454--Jenkins County Small Claims Court;

create _______________ ____________________..__..______________534, 539, 1240, 1321, 1373, 1518

HB 1455--White Plains Mayor and Councilmen;

terms of office _

_______ ________633, 639, 731, 774, 827

HB 1456--Public Safety Department Officers; appointment,

demotion and suspension _____________________.587, 594, 1360, 1447, 1545, 1689

HB 1457--Town of Lyerly; exempt from certain

limitations on right of taxation _______ _______________722, 726, 901, 973, 1041

HB 1462--Muscogee County Coroner; compensation ______.___534, 539, 731, 774, 827

HB 1464--Urban Redevelopment Act; amend relating

to loans and grants from Federal funds

received

..... 1229, 1237, 1441, 1535, 1743, 1764

HB 1465--Planning Programming Bureau; delete authority

for planning activities __._._...__...__._..... 1229, 1237, 2095, 2105, 2285, 2310

HB 1466--Community Development Department; repeal authority

to override denial of grant applications by

Planning and Budget ________________________1119, 1129, 2096, 2101, 2285, 2311

HB 1467--Community Affairs Bureau; create

State Office of Housing Section

within ______________________________ _______ ____1229, 1237, 2095, 2105, 2285, 2316

HB 1468--Building Administration Board; substitution

of ex officio member .......................1512, 1524, 2096, 2101, 2286, 2318

HB 1469--Planning and Community Affairs Policy Board;

delete certain responsibilities .__.... _ 1513, 1524, 2096, 2099, 2286, 2319

HB 1478--Marriage and Family Counseling;

regulate _________________ ._.___,,____.___._.._________1164, 1173, 2096, 2100, 2286, 2320

HB 1480--Sales Tax; solar energy machines exempt ____________________________________________ 1229, 1237, 1358, 1447, 1545, 1690

HB 1481--Retirement of Atlanta Employees; transfer of credit and funds ____________________________________ ________2315, 2342

HB 1486--Assistant District Attorneys; compensation ___________ __________722, 729, 1179, 1247, 1326, 1376, 1393, 1712

HB 1489--Game v and Fish Laws; amend relating to commercial fishing boats, disposal of seized wildlife, court jurisdiction and arrest powers _________ 807, 815, 1532, 1724, 1876, 2053, 2239, 2351, 2944, 2953
HB 1490--Natural Resources Board; regulations issued come under Administrative Procedure Act _______________..___.___..__.___________________________1230, 1237, 1532, 1724, 1876, 2067

HB 1491--Natural Resources Department; provide for appointment of conservation rangers _________________________________________ 807, 816, 1179, 1247, 1326, 1376, 1389

3192

INDEX

HB 1493--Public Safety Department Uniform Division;

eligibility requirements ...--..._._.889, 899, 1180, 1247, 1326, 1376, 1378

HB 1494--State Pharmacy Board; set all

regulatory fees ............___.._-....__. ....... 1302, 1313, 1531, 1724, 2459, 2686

HB 1496--Madison County Commissioners;

compensation .........

________534, 539, 731, 774, 827

HB 1500--Boat Traffic on Waters of State;

regulation ...._..._...._..___........... 2237, 2240, 2428, 2435, 2738, 2800, 2806,

2888, 2902, 2944, 2950, 2979, 3055

HB 1503--Land Sales Act of 1972; limitation

of actions

. ___.___.680, 685, 1444, 1536, 1743, 1760

HB 1504--Fulton County Education Board Retirement

System; limit on prior service credit for

military duty ._................_....._..._............ .._..._..889, 896, 2242, 2252, 2443

HB 1505--Fulton County Education Board Retirement

System; deferred pension benefits,

certain persons ........._...........- .... .. .........1160, 1169, 2242, 2252, 2444

HB 1506--Fulton County Education Board Retirement

System; computation of benefits ........... 1160, 1169, 2242, 2253, 2446

HB 1507--Fulton County Education Board Retirement System;

benefit adjustments, cost of living ___________ 1160, 1169, 2424, 2433, 2705

HB 1508--Fulton County Education Board Retirement System;

retirement at 55 with thirty years' service ... . . .... 1225, 1233

HB 1513--District Attorney; committee set up to ascertain

inability to perform duties _.. _ 1425, 1435, 2097, 2105, 2737, 2792, 2809

HB 1514--Vital Records; change provisions relating to copies

of death certificates ___.___....__._.._______.1709, 1715, 2245, 2257, 2459, 2505

HB 1515--Jury Lists; revise in counties selecting by

electronic means ......................1230, 1237, 1720, 1809, 2460, 2688, 3052

HB 1517--Custody of Children; review, modification or

alteration of judgments ...... ---1425, 1436, 2245, 2257, 2459, 2506

HB 1522--Tift County Development Authority;

increase interest rate on bonds ________ ______ .... _.__534, 539, 731, 775, 827

HB 1525--Tift County Education Board;

election of members .......................... ... ____________ .633, 639, 731, 775, 828

HB 1526--Peace Officer Standards and Training Act;

redefine terms _._.._._.__._._...... ______________ 891, 899, 1134, 1186, 1273, 1285

HB 1528--Cities and Counties; provide for recall

of elected officials ...................................... .... ___________ _ 586, 594, 1188

HB 1529--Motor Vehicle Inspection Stickers;

replacement of windshield ----_ ........... ....635, 641, 687, 736, 777, 800

HB 1531--Assistant District Attorney; authorize State funds

as partial compensation to match Federal

funds ----_------_._.--.------------_ .... 2220, 2235, 2426, 2435, 2738, 2801

HB 1533--Chiropractic College Student; conditions for

performing chiropractic tasks ______------1119, 1129, 1531, 1724, 2160,

2185, 2420

HB 1536--Natural Resources Board; additional

powers and duties relating to surface

mining .___.._.----------------...------890, 899, 1179, 1247, 1326, 1451, 1485

HB 1537--Chattooga County Superior Court Clerk;

budgets for office operation ____........__------------534, 540, 731, 775, 828

HB 1538--Chattooga County Tax Commission; change

personnel provisions ------------------.--.....535, 540, 732, 775, 828

HB 1539--Chattooga County Probate Court Judge;

clerical help _,,..___------_______.__...__...._.----------------535, 540, 732, 775, 829

INDEX

3193

HB 1540--Farmers Market; pers9n selling on premises

licensed by Agriculture Commissioner ....1164, 1173, 1440, 1536, 1743,

2160, 2188, 2419

HB 1541--Ports Authority Security Guards;

provide arrest powers .........._.__._...._._.1425, 1436, 1721, 1809, 2738, 2801

HB 1542--Bureau of State Planning and Community Affairs;

housing function transferred from Human

Resources Board __...._.._........_._...._.._...1513, 1525, 2095, 2099, 2286, 2321

HB 1544--Bond Proceeds; cities and counties additional

types of investment ...._....._._._.__........___.....___.587, 594, 817, 907, 976, 1009

HB 1545--Year's Support; party identification on

application .....-----2060, 2081, 2427, 2430, 2738, 2802

HB 1546--Walton County Small Claims Court;

jurjsdictional amount __..._..._......._.. _...._......___._....._.633, 639, 732, 775, 829

HB 1548--Used Motor Vehicle, Sale by Nonresidents;

repeal Act ._...._.__.-- .

1228, 1238, 1360, 1447, 1545, 1691

HB 1550--Automobile License Tags; repeal Act relating to

tax affidavits with application -.-1425, 1436, 1721, 1809, 2160, 2189

HB 1551--Elections; repeal requirement that chief

registrar own property _...__......._.... 2059, 2081, 2426, 2430, 2739, 2938

HB 1553--City of Adel; change corporate limits ...............633, 639, 732, 775, 829

HB 1554--Corrections Board; rules and regulations

relating to prisoners ----.....__ 1302, 1314, 1533, 1724, 1876, 2072, 2209

HB 1560--Medical Practitioners; clinical clerkships

certain persons --------.----------,1515, 1525, 2096, 2099, 2286, 2322

HB 1561--Birth Certificate, Change; obtaining order

from probate court ------------------1513, 1525, 2096, 2099, 2286, 2323

HB 1562--Income Tax; meanings conform to U. S.

Internal Revenue Code ._...._...._._.....___...__.._...759, 764, 818, 907, 976, 1010

HB 1563--Juvenile Court Code; change

certain definitions ----------------2220, 2235, 2427, 2430, 2738, 2803

HB 1564--Children and Youth Act; amend relating

to escape and custody .........._._------ 1351, 1356, 2097, 2106, 2459, 2638

HB 1566--Juvenile Allegedly Committing Criminal Act;

interstate rendition - -

- 1164, 1174, 1720, 1809, 2161, 2190

HB 1571--Fiscal Note Act; bills changing anticipated revenue

level, time for introduction ---- --1423, 1436, 1717, 1809, 2161, 2192

HB 1572--Franchises; taxation ----------------1228, 1238, 1358, 1447, 1545, 1691

HB 1573--City of Hoboken; new charter _....._..__._..__ 1161, 1169, 1718, 1812, 1835

HB 1574--Camden County Tax Commissioner;

compensation ........----------------------------634, 640, 1133, 1181, 1257

HB 1575--Fulton County Probate Court Judge; more

than one office location ------------------1114, 1123, 2425, 2436, 2706

HB 1576--Fulton County Probate Court Judge;

granting of marriage licenses ------------1115, 1124, 2425, 2436, 2706

HB 1580--Metropolitan Atlanta Rapid Transit Authority;

change semiannual reporting requirements ----1119, 1130, 1441, 1536,

,

1743, 2161, 2212

HB 1581--Metropolitan Atlanta Rapid Transit Authority; use

of interest from investments limited ----_ 810, 816, 1441, 1536, 1743,

1877, 2073

HB 1582--Metropolitan Atlanta Rapid Transit Authority;

change public meeting requirements ----1165, 1174, 1360, 1447, 1545,

1692

HB 1583--Public Transit Buses; prohibit certain acts

while riding -----------1301, 1314, 1721, 1810, 2161, 2213, 2419

3194

INDEX

HB 1584--Metropolitan Atlanta Rapid Transit Authority;

election of a secretary and treasurer .-- 1301, 1314, 1445, 1536, 1743,

HB 1585--Metropolitan Atlanta Rapid Transit Authority;

2161, 2215

change membership of board of directors ----.723, 729, 819, 907, 976,

1011, 1232

HB 1586--City of Kingsland; provide for

annual elections ._._-.__. .........

634, 640, 1133, 1181, 1251

HB 1590--DeKalb County Notary Public Ex Officio

Justice of the Peace; abolish office ....634, 640, 2095, 2106, 2738, 2929

HB 1591--DeKalb County Justice of Peace;

qualifications ----.----..----..----..634, 640, 2095, 2106, 2738, 2930, 3058

HB 1593--Town of Menlo; corporate limits, jurisdiction

of mayor and council _..---.--------...----------678, 683, 902, 970, 1036

HB 1594--City of Dawson; maximum millage rate

levied annually ----..._..----..----.--------...___.804, 811, 1133, 1181, 1252

HB 1599--Landlord and Tenant; relating to

dispossessory warrant ----------..---------------- 1302, 1314, 2245, 2257

HB 1600--Property Tax; additional duties of

tax assessors ----------------1708, 1714, 2242, 2249, 2459, 2638, 2700

HB 1601--Sheriffs; provide for orderly law enforcement

during transition of power after

election .--._---.-.----.--------------...----1302, 1314, 1358, 1447, 1545, 1680

HB 1602--Human Resources Department;

internal reorganization __.._..._..___759, 764, 1359, 1448, 1545, 1693, 2062

HB 1603--Miller County State Court Judge;

compensation ._..._..__-.__.._..--.____--._.----.....................678, 683, 902, 971, 1036

HB 1604--Seminole County Small Claims Court;

jurisdiction ____...______________.______________.______________.___..____678, 683, 902, 971, 1036

HB 1605--Seminole County Superior Court Clerk;

compensation _...---...----.----.--------------._------.678, 683, 902, 971, 1037

HB 1606--Seminole County Coroner; compensation ----678, 683, 902, 971, 1037

HB 1607--University System Tuition Increase;

60 days notification ....--------. .. . --1164, 1174, 2244, 2258

HB 1609--McDuffie County Tax Commissioner's

Deputy; compensation ------------------.---- 679, 683, 902, 971, 1037

HB 1610--McDuffie County Officials; cost of

living increase _.._.._..._..._.----..------------------.679, 683, 902, 971, 1038

HB 1611--McDuffie County Board of Commissioners;

compensation ._.--------.--------------.--------....679, 684, 902, 971, 1038

HB 1612--Habersham County Board of Education;

election ----..----.----...--------.......----.............679, 684, 1529, 1726, 1818

HB 1613--State Department or Agency; unlawful to

purchase beef outside U.S. .__.......___ 2089, 2091, 2241, 2249, 2459, 2640

HB 1615--Fulton County; disposal of abandoned

automobiles --------_----..------------.----.... 1225, 1233, 2242, 2252, 2444

HB 1617--Southern Judicial Circuit; investigator

for District Attorney ----.----..------ .------...722, 729, 902, 973, 1041

HB 1618--Osteopaths; repeal certain licensing

provisions ....

----..1513, 1525, 2245, 2249, 2459, 2641, 2699

HB 1620--Professional Soil Classifiers;

regulate ------------..------------------.760, 764, 1440, 1536, 1743, 1765

HB 1622--Driver's license; certain offenses require

mandatory suspension .----963, 966, 1180, 1247, 1326, 1451, 1490, 2485

HB 1624--Driver's License; provision for surrender of

license upon revocation .._.______......_._ 2237, 2240, 2428, 2430, 2738, 2804

INDEX

3195

HB 1627--Driver's License, Suspension; time periods

upon conviction _-..__..__..-......_____...___..__.1165, 1174, 1445, 1537, 1743, 1762

HB 1628--Used Motor Vehicle Parts; change certain

definitions in registration Act .._.___. 1425, 1436, 1721, 1810, 2459, 2643

HB 1631--Clayton County Commission Chairman;

compensation .._.___..__.___._.--____..____-..._.___.--.__..........679, 684, 902, 971, 1038

HB 1632--Bacon County Small Claims Court Judge;

residency requirements ___________________ _._-._____________.679, 684, 902, 972, 1039

HB 1635--Columbia County Superior Court Clerk;

collection of mailing fees __...._.___..._.___.....___......__.679, 684, 902, 972, 1039

HB 1636--City of East Point; method of dismissing

employees .._.___..__._....__.___-___.._..._..-.-..__...___._.___.1161, 1170, 2424, 2433, 2706

HB 1637--City of East Point; duties of mayor and

council ___.._......___....-__.......-.__.___._.___....._...._.___.1161, 1170, 2424, 2433, 2707

HB 1639--Employee Under 18; not serve alcoholic

beverages _._.___...__.._....._.__._____..1793, 1802, 2096, 2099, 2286, 2345, 2420

HB 1643--Guardians; provide for natural guardians

and wardships __...__.___..._...._.___........_.___.2220, 2235, 2427, 2430, 2738, 2805

HB 1644--Heard County Tax Commissioner;

compensation -....--.._......___._..804, 812, 1133, 1181, 1252

HB 1645--Heard County Sheriff; compensation _______.. 804, 812, 1133, 1182, 1252

HB 1646--Heard County Probate Court Judge;

compensation ------_._-..__..... 804, 812, 1133, 1182, 1252

HB 1647--Heard County Superior Court Clerk;

compensation .__.__-.-..___.___.-....__.__.._-...__.___.__..__-.805, 812, 1133, 1182, 1253

HB 1648--Fair Market Value; meaning ---2089, 2092, 2241, 2249, 2738, 2873,

2891, 2928

HB 1650--Brooks County; funds for feeding prisoners -.680, 684, 902, 972, 1039

HB 1651--Jekyll Island-State Park Authority;

redefine "project"

. 890, 899, 1179, 1247, 1326, 1451, 1492

HB 1652--Grantville Recorder's Court; create _..-----680, 685, 902, 972, 1040

HB 1653--Gordon County; change provisions relative

to certain bonds __._.____________________________._.___-_________._.__722, 727, 902, 973, 1041

HB 1654--Atlanta; qualifications of Council President,

members and mayor ____------_,,------------ .--1792, 1796

HB 1656--Rock Eagle 4-H Center; sales exempt

from sales tax

_

_ 890, 900, 1177, 1247, 1326, 1376, 1379

HB 1657--Insurance; change provisions for casualty,

surety, vehicle, and other types, provide

exceptions __..-._._.._...._...__-.._........_.963, 967, 1132, 1186, 1273, 1286, 1352

HB 1658--Insurance Premium Finance Company;

additional qualifications for license _.__..723, 729, 901, 970, 1052, 1111

HB 1659--Insurance Commissioner; relating to authority

of enforcement __-...........__......._._._._ ..__.___.___.722, 729, 901, 970, 1052, 1112

HB 1660--Insurance Agents' Certificate of Authority;

provide ...._......__........______....._. 892, 900, 1132, 1187, 1273, 1288

HB 1661--Motor Vehicle Accident Reparations Act; minimum

coverage required by insurers ------.1230, 1238, 1718, 1810, 2738, 2874

HB 1662--Insurers; change provisions relating to

rehabilitation and liquidation _____.__.___892, 900, 1132, 1187, 1273, 1289

HB 1665--Vidalia; repeal primary election

provisions _ . ,, .

._ . . .805, 812, 1133, 1182, 1253

HB 1666--Vidalia; granting of franchises, permits,

rights-of-way

.,,_.-... 805, 812, 1133, 1182, 1253

HB 1668--Taxidermist License; provide ___________ 2238, 2240, 2428, 2435, 2738, 2874

HB 1669--Lowndes County Coroner; compensation --723, 727, 1442, 1541, 1733

3196

INDEX

HB 1670--Motor Vehicle Accident Reparations Act;

subrogation ___._.......___..._....._..............._.1301, 1314, 2093, 2098, 2738, 2875 HB 1671--Insurance; collection and disposition of fees,
taxes and funds ..__.__..__......._._.__......__.1120, 1130, 1358, 1448, 1545, 1695

HB 1672--Insurance; information relating to fees and taxes confidential _._.........___.... 1120, 1130, 1718, 1810, 2286, 2387

HB 1673--Coffee County; change auditing procedures _______._-__..___.______.-____________.._________.__._____723, 727, 902, 973, 1041
HB 1674--Divorce Cases; change provisions relative to time of trial .....__.___.........___...__.....1513, 1525, 2245, 2258, 2459, 2644

HB 1677--Clayton County Probate Court Judge; compensation ___.._...__.________.........._......._..................723, 727, 902, 973, 1042

HB 1681--Clayton County Tax Commissioner; compensation __.._._.....___.._..___......._.__....... ._.._._.._......723, 727, 902, 973, 1042
HB 1683--County Courthouse and Offices; open during

normal working hours _.___......_..._..... 2089, 2092, 2427, 2430, 2738, 2894 HB 1684--Clayton County Superior Court Clerk and
Sheriff; compensation ........__..__......_....._........._._.723, 727, 902, 973, 1042

HB 1685--Annual KepOrts of Insurance Commission; public inspection ......_..___....._..1303, 1315, 1441, 1537, 1743, 2161, 2216

HB 1689--City of Coolidge; new charter ._......___.........___ 890, 897, 1133, 1182, 1254 HB 1690--Lamar County Sheriff; compensation ..........805, 812, 1133, 1182, 1254 HB 1692--Financial Institution; receivership proceedings

assets over $150,000 ___.____..._.....__...__.-1164, 1174, 1358, 1448, 1545, 1695 HB 1693--Lowndes County Board of Commissioners;
change chairman provisions -_._____,.._...______._,.805, 813, 1442, 1542, 1733

HB 1694--Peace Officer; add certain requirements to qualifications ......_._____.............__.._.. 1425, 1436, 2096, 2100, 2738, 2895

HB 1696--Forsyth County Tax Commission; personnel employed by .....__._._.._......_._...____._.......__..........._._.805, 813, 1718, 1812, 1835

HB 1697--Forsyth County Superior Court Clerk; personnel ___.___.........___-_..._......_...___.._......._.._.....-.805, 813, 1718, 1812, 1835

HB 1698--Council for Energy Resources; create ............_._____......_.._____............_.....1352, 1356, 1532, 1725, 1877, 2074
HB 1699--Spalding County Small Claims Court; change jurisdiction _............__.._........................805, 813, 1133, 1184, 1254
HB 1700^--Town of Pooler; new charter _____________._.___.___.806, 813, 1133, 1182, 1255

HB 1701--East Point Councilman; add qualification .....__._._.......i.___._._............_..__......1161, 1170, 2424, 2433, 2707
HB 1704--Warm Air Heating Contractors Board of Examination; composition ..........._..1710, 1715, 2245, 2249, 2459, 2645
HB 1706--Distilled Spirit Revenue Stamp; substitute reporting system for tax ......1425, 1437, 1805, 1828, 2286, 2346, 2406, 2644, 2692, 2693, 2989, 3054
HB 1707--Distilled Spirits; metric standards of

measurement ___.._..___-...__.__,,_.............-1426, 1437, 2094, 2098, 2286, 2348 HB 1709--DeKalb County State Court Judges; compensation _....._...... 810, 813

HB 1710--DeKalb County State Court; add judge . . -- _

_______.806, 814, 1241, 1321, 1363

HB 1711--DeKalb County State Court; court costs ............._..........__.-...._-.__.__.............._._.806, 814, 1133, 1183, 1255

HB 1713--Richmond County Employees; those exempt from Merit System -______._......._____..__..2382, 2417, 2426, 2439, 2724, 3053

HB 1716--Superintendent of Schools; annual reports ............_.___.1303, 1315, 1444, 1537, 1743, 2161, 2217

INDEX

3197

HB 1717--Labor Department; annual report as to

legislation needed by Labor Commission __________ 1303, 1315, 2245, 2250 HB 1718--Carroll County Coroner; compensation ...___ 1225, 1233, 1442, 1538, 1732 HB 1719--Carroll County Tax Commissioner;
compensation ........._.............._...__..._...____.......1225, 1233, 1442, 1538, 1733 HB 1720--Dangerous Drugs; marijuana possession cases tried
in certain courts ..........._....__.___...___.___ 1710, 1716, 2245, 2258, 2459, 2646 HB 1723--Mountain Judicial Circuit Superior Court Judge;
supplemental salary .__.........___......__....___......__1709, 1716, 2094, 2101, 2259 HB 1724--DeKalb County; election on issuance of
bonds _.._____.____._._.-...___.... . ..__.,,___.._._.__. 806, 814, 1718, 1812, 1836

HB 1725--Historic Preservation Enabling Act; enact ___.____.._.__..._____.__..1711, 1716 HB 1726--Richmond County Superior Court Clerk;
compensation ._____-.___.______..___.___._____.___._..___.__.___. 806, 814, 2426, 2439, 2707 HB 1727--Motor Vehicle Laws; enforcement power of Revenue

Department special agents .__.. ..- 892, 900, 1179, 1248, 1326, 1451, 1492

HB 1731--Trucks Transporting Forest Products;

change provisions ,,._-...__.

. 1351, 1357, 1721, 1810, 2161, 2218

HB 1732--City of Meigs; new charter .._.._.___..___...___ 1297, 1309, 1529, 1727, 1818

HB 1735--Chatham County State Court Judge;

compensation . .

.____,,...... . 890, 897, 1133, 1183, 1255

HB 1736--Chatham County State Court; additional judge -._._-..........._..__._........._...__..._ 890, 897, 1133, 1183, 1256

HB 1737--City of Dalton; recorder, compensation _.__._...__....____...____.____.._____..___..._____.890, 897, 1133, 1183, 1256

HB 1738--City of Dalton; change corporate limits _,,.__...__._.____..,,_____.._._..___,,....__.-__.-.___.-._..-_- 891, 897, 1133, 1183, 1256
HB 1740--Newton County Board of Education; change number of members _._..__._.......891, 898, 2423, 2434, 2724, 3057
HB 1742--Upson County Probate Court Judge; appoint clerk _._..._.....____..__._...___...__._._.__..._......._.891, 898, 1133, 1183, 1256

HB 1743--Upson County Probate Court; clerk, personnel, compensation ._............_.__..._.....____ 891, 898, 1133, 1184, 1257
HB 1744--Students Attending Non-University System Schools; change grant amounts .__._._......_..__......1352, 1357, 1530, 1725,

2459, 2647

HB 1745--Floyd County Tax Commission Chief Deputy; compensation ._...__.___-.__._..._..... _._ 1115, 1124, 1241, 1322, 1364
HB 1746--Floyd County Superior Court Clerk's Chief Deputy; compensation _. __......_....._.....___..._.1115, 1124, 1241, 1322, 1364

HB 1748--Registration of Geologists; change qualification provisions ._...._._....__.,,_.__.._._......__.........1164, 1175, 1532, 1725, 2460, 2648
HB 1750--Insurance; provide for comprehensive health care plans .._._...___... ...__.._......._......_ 1230, 1238, 1441, 1537, 1743, 1763, 1936
HB 1751--City of Summerville; new charter _...___.....1115, 1124, 2242, 2253, 2446

HB 1753--Public Health; clarify definitions relating to hospital authorities ___...__. _._...._._..._._._._____..___.....__.1303, 1315, 2096, 2100

HB 1754--Union County Treasurer; appointment to another office ____....___.._.._._.___.....__..._._...__......1161, 1170, 1442, 1538, 1734

HB 1756--Family Practice Advisory Board; create ___.._......._._....__.....__....____...._......___.1709, 1716, 2244, 2250, 2460, 2649

HB 1757--City of Warner Robins; change vacancy provisions ___..__._...._..._...__.....___....._._..._.1115, 1124, 2424, 2436, 2714, 3058

HB 1758--Fort Valley Redevelopment Authority; create ___....__....__..._____....._....._._-..._.__....__..._._._.1115, 1124, 1241, 1322, 1364

3198

INDEX

HB 1759--Barrow County Officials; number and compensation of employees --.--.----.----------------1115, 1125, 1718, 1812, 1836
HB 1760--Barrow County Board of Commissioners; create and establish __.----------_.----.__. 1420, 1431, 1718, 1813, 1836
HB 1761--City of Duluth; change dates of elections.------.... 1116, 1125, 1241,
1322, 1365 HB 1762--Long County Board of Education;
election ----.........----_--__..--_--_.._--. 1420, 1431, 1718, 1813, 1837 HB 1763--Scholarships; children of certain law enforcement
officers, redefine terms ------.----.1120, 1130, 1444, 1537, 1743, 1766 HB 1764--Agrirama Development Authority;
membership ----.------.----.----__..__ 2089, 2092, 2241, 2250, 2738, 2898 HB 1765--Motor Vehicle Accident Reparations Act;
certain provisions included in liability policies -.----.--------------------...1513, 1525, 1807, 1829, 2286, 2350 HB 1766--Toombs County Commissioners; residency requirements .------.----.----.----------..1116, 1125, 1241, 1322, 1374 HB 1767--Toombs County Board of Commissioners; compensation --------.----..------.------... 1116, 1125, 1241, 1322, 1365 HB 1768--City of Barnesville; punishment for violation of laws -..----------.--.----..--------.--.....1420, 1431, 1718, 1813, 1837 HB 1771--Trustees; invest certain funds at surviving spouse's directions ....--------_ 1301, 1315, 1441, 1537, 1743, 2161, 2219 HB 1773--Marriage License; minimum age provisions ------..------------1709, 1716, 2097, 2106, 2460, 2649, 2700 HB 1774--Fulton County; Traffic Violations Bureau with civil service _..------..--.----_----..._-..____._ 1420, 1431, 2424, 2434, 2708 HB 1777--Pickens County; appointment of additional deputy sheriff _.------------------.._.----.__ 1116, 1125, 1241, 1322, 1365 HB 1778--Blackshear Recorder's Court; change jurisdiction ....-._._--------._--------.------... 1116, 1125, 1241, 1323, 1365 HB 1780--City of Decatur; extend corporate limits .._-..--.--.--..--..--.-----..--.----1116, 1125, 1718, 1813, 1837 HB 1781--Atlanta; change corporate limits --------1116, 1126, 2242, 2252, 2355,
2424, 2707 HB 1782--DeKalb-Atlanta; meeting of representatives
of city and county ----------------------.-1117, 1126, 2242, 2252, 2444 HB 1783--Higher Education Assistance Corporation; premium
for insurance on loans guaranteed--------------.1228, 1238, 1358, 1448, 1545, 1696
HB 1784--Criminal Code; define aggravated assault upon peace officer ....------.--...__. ...1793, 1802, 2245, 2258, 2460, 2652
HB 1785--Decatur County Superior Court Clerk; compensation ........----------_--_.---------- 1117, 1126, 1241, 1323, 1366
HB 1787--Tax Payment on Tangible Property; not exceed four each year ..__...._....--.--.--..------.1513, 1526, 2093, 2098
HB 1789--Traffic on Highways Act; exempt certain trailers carrying machinery from inspection provisions ...._----.--------------.--.------.------1514, 1526, 1721, 1810
HB 1791--Economic Development Council; create _....----------.------...__....------... 1228, 1238, 1318, 1361, 1451, 1493
HB 1792--Newton County Board of Education; competitive bids on certan purchases ----------------1117, 1126, 2423, 2434, 2728, 3057
HB 1793--Porterdale Mayor and Councilmen; filling of vacancies ----...................--------1117, 1126, 1241, 1323, 1366

INDEX

3199

HB 1795--Eavesdropping and Surveillance; certain

activities not unlawful ...... 1228, 1239, 1533, 1725, 2460, 2652 HB 1802--Corporations; filing articles of correction to
Secretary of State ._-._.______..___ 2059, 2081, 2427, 2430, 2738, 2927, 3053

HB 1804--Greene County Airport Authority; create ------------.1117, 1126, 1241,

1323, 1366

HB 1806--Oconee County Sheriff; change

automobile provisions _._.... .._........__ 1117, 1127, 1241, 1323, 1367

HB 1807--Oconee County Superior Court Clerk;

compensation ...-._.-- -- 1117, 1127, 1241, 1323, 1367

HB 1808--Oconee County Board of Commissioners Chairman;

compensation ___.__-----------------------1118, 1127, 1241, 1324, 1367

HB 1809--Oconee County Probate Court Judge;

compensation ... ..--------...---------- 1118, 1127, 1241, 1324, 1368

HB 1810--Port Wentworth; change corporate

limits.------------------------------------.1226, 1234, 1443, 1538, 1734

HB 1811--Coweta County Treasurer; abolish office --------1118, 1127, 1241, 1324,

1368

HB 1812--Nursing Homes Receiving Medicaid Funds; file

cost statements _--------------_--------------------1514, 1526, 2244, 2250

HB 1813--Ad Valorem Tax; payment before

litigation ---------- .

1514, 1526, 2093, 2099, 2738, 2900

HB 1817--Oconee County Tax Commissioner;

compensation .__.--__.--------. -------------- 1118, 1127, 1241, 1324, 1368

HB 1818--City of Toccoa; election date ----------------1118, 1128, 1241, 1324, 1369

HB 1819--Lookout Mountain Judicial Circuit; create office

of assistant District Attorney ------------1509, 1520, 1805, 1829, 2107

HB 1821--Georgia Fire Academy; create -------------------1301, 1315, 1806, 1829,

2286, 2350

HB 1822--Ballots; number equal to registered

voters ---- --...----.----_--------------1228, 1239, 1359, 1448, 1545, 1697

HB 1823--Deaf and Blind Sign Language Interpreters;

judicial proceedings _----------------------- 2221, 2235, 2427, 2431

HB 1825--Turner County Small Claims Court; change

jurisdiction --------------------------_---- 1420, 1431, 1718, 1813, 1838

HB 1828--Appling County Small Claims Court; change

civil jurisdiction ___--------------------__.__. 1161, 1170, 1443, 1538, 1734

HB 1829--Hazlehurst; change date of city

election __----------------------. --------1161, 1170, 1443, 1539, 1734

HB 1830--Oil and Gas Drilling Act; provide certain

terms -------._.--------_------------...1514, 1526, 2246, 2250, 2738, 2901

HB 1832--Telfair County Sheriff; compensation --------.1162, 1170, 2242, 2253, 2446
HB 1833--Telf air County Tax Commissioner; compensation -------------------------_....--.1162, 1171, 2242, 2253, 2446

HB 1834--Telfair County Superior Court Clerk; compensation ...___..--__...----..----__---- ..1162, 1171, 2242, 2254, 2447

HB 1835--Telfair County Probate Court Judge; compensation ._._._.,,._.----..__..............------ 1162, 1171, 2243, 2254, 2447

HB 1836--Telfair County Commissioner; compensation...------... 1162, 1171, 2243, 2254, 2447
HB 1839--DeKalb County; circumstances for no receipt for certain tax payments --------.--------.1162, 1171, 1827, 1833, 2114

HB 1840--Colquitt County; time for making tax returns ....__-....._.-.......-.......--.....----------1162, 1171, 1443, 1539, 1736

3200

INDEX

HB 1841--Transportation Code; amend to provide for purchase and operation of special aircraft, certain departments ....__. __________.1352, 1357, 1721, 1811, 1877, 2075, 2209
HB 1842--Town of Watkinsville; mayor and council appoint person to preside over mayor's court ._._._.__ 1162, 1172, 1443, 1539, 1736
HB 1846--Mentally 111; appointment of guardian....... 2238, 2240, 2426,
2435, 2738, 2906 HB 1847--Gambling Offense; exceptions on printed matter
shipped putside State.__......_...___._____..____1426, 1437, 2094, 2099, 2286, 2352 HB 1848--Wildlife Ranger; circumstance for retaining
weapon and badge ____-__-______.___.1165, 1175, 1532, 1725, 2286, 2353, 2405 HB 1851--Franklin County Advisory Board;
compensation ..,,.__.._._,,.___.,,_..._ 1421, 1431, 1718, 1813, 1838 HB 1852--Brooks Mayor and Councilmen; terms of
office ._____._.-_-..._.....__.....__-....-_._.__...,.......-.___.1163, 1172, 1443, 1539, 1737 HB 1853--City of Locust Grove; new charter _____.____.1163, 1172, 1443, 1539, 1737 HB 1854--Henry County Board of Commissioners;
recall of members .___,,_._______.___.____.___._____________....__._..._____.._________.____1163, 1172 HB 1855--City of Hampton; repeal of former
charter ________________________-_______________._____-_____1163, 1172, 1443, 1539, 1735 HB 1856--McDonough Mayor; term of
office -___.....____..-.__._..___.....__...-.___...__._....___...____.1163, 1172, 1443, 1540, 1735 HB 1857--Henry County Small Claims Court;
create _..._..___....____.-_........____.1163, 1172, 1443, 1540, 1735, 1785, 1787,
1908, 2419 HB 1858--Henry County Board of Commissioners;
stagger terms of office ___..._._._..._._....___....1163, 1173, 1443, 1540, 1736 HB 1859--Henry County Board of Education;
provide __..._-------------------------.--------....1163, 1173, 1443, 1540, 1736 HB 1860--Irwin County Board of Commissioners Chairman;
compensation ....._.-....__._..__-...-___...._.....____....1226, 1234, 1443, 1539, 1737 HB 1861--City of Palmetto; election of councilmen ...__...__...____...1421, 1432, 1718,
1813, 1838 HB 1862--Mitchell County State Court Judge and
Solicitor; compensation .._......_._....___..____...1226, 1234, 1443, 1539, 1738 HB 1863--Clarke County; purchase of materials....--1226, 1234, 1443, 1540, 1738 HB 1864--Glynn County; create education
districts ..-____.....__....._.....__.__...-___._-._...1226, 1234, 1443, 1540, 1740, 2062 HB 1865--Jenkins County Chief Deputy and Deputy
Sheriff; compensation ..__....__._......___....____....1226, 1234, 1443, 1540, 1738 HB 1866--Sale City; provide garbage collection and
disposition __.._.___..____._.._7_.__..____....____....____...1226, 1235, 1443, 1541, 1738 HB 1868--Clarke County Board of Elections; change
population category ___.______.._____....._.1792, 1796, 2243, 2254, 2452, 2700 HB 1869--Mclntosh County Board of Elections;
provide ....._.....___.....__..._.__......__.......__.....___.....1226, 1235, 1443, 1541, 1739
HB 1870--Washington County Small Claims Court; change civil jurisdiction __.______.____.__._._____..______.______..__1227, 1235, 1443, 1541, 1739
HB 1872--Jenkins County Board of Commissioners; election of chairman _.____.._.___._________.___1227, 1235, 1443, 1541, 1739
HB 1873--Jenkins County Superior Court Clerk; compensation _.____._______.__________________.._.1227, 1235, 1718, 1813, 1839
HB 1874--Jenkins Couty Probate Court Judge; compensation ..__._._._......____._..__....._.._.....___...1227, 1235, 1443, 1542, 1740
HB 1875--Jenkins County Tax Commissioner; compensation ........._........_...,...-1227, 1235, 1719, 1814, 1839

INDEX

3201

HB 1876--Town of Euharlee; new charter .........__.___.1227, 1236, 1443, 1543, 1740

HB 1877--Game and Fish Laws; amend relating to certain

license and agents fees .._.__...__.__......... 1515, 1526, 2246, 2250, 2460, 2653

HB 1878--DeKalb County Probate Court Judge;

compensation ..... _._...___._ _____________________________1227, 1236

HB 1879--Town of Hardwicke; change corporate limits .._......._._._.........1421, 1432

HB 1880--State Recreational Areas; rules and

regulations for use ____..______._____:_________. 2221, 2235, 2428, 2435, 2737

2792, 3052

HB 1882--Chatham County Investigative Grand

Jury; provide _____________________________ _______________.1297, 1309, 1529, 1727, 1818

HB 1883--Habersham County State Court Solicitor;

secretary, compensation ...._______.._____________ 1297, 1309, 1529, 1727, 1818

HB 1884--City of Powder Springs; method for repeal

of charter _____ .._..........._._.__..__......_.................._.1297, 1309, 2242, 2253, 2445

HB 1885--Macon Judicial Circuit District Attorneys;

create offices __________________________ _________._.___.___1421, 1432, 1719, 1814, 1839

HB 1886--Insurance Premium Finance Company Act;

insurer responsible for unearned premiums due

under contract ......__.._..__...-_____1426, 1437, 2242, 2250, 2460, 2681, 3052

HB 1890--Warren County; election on establishing multi-member

Board of Commission ___________ ________ ._.__________1298, 1309, 1529, 1727, 1819

HB 1891--City of Buchanan; additional powers of governing

authority ___________________________________________ _________1298, 1309, 1529, 1727, 1819

HB 1893--City of Baxley; change corporate

limits ___...________..._________...______..___.___.___.__._1298, 1310, 2424, 2436, 2717, 3058

HB 1895--Atlanta; change corporate limits ______________ 1421, 1432, 2424, 2434, 2708

HB 1898--Public Safety Department; appoint

chaplains ___.._____ ___..__________..__________..__________..___1515, 1527, 1721, 1811, 2286

HB 1900--Chatham County Water and Sewer Authority;

create _..._______....._______..._________..._________..__________...___1298, 1310, 1529, 1727, 1819

HB 1902--Sales Tax; amount of credit for tax paid in

another state, certain property ._.________.___________.. 2060, 2081, 2241, 2250,

2460, 2654

HB 1904--Town of Lyerly; reincorporate ___________......1298, 1310, 1529, 1727, 1820

HB 1905--City of Patterson; change terms of certain

aldermen ._________...______..__.____._._...________.._________._. 1298, 1310, 1529, 1727, 1820

HB 1907--Radiation Control Act; amend policy

declared ....._..........._.__......._.._........__.....1935, 2081, 2246, 2251, 2460, 2655

HB 1908--Jefferson County Small Claims Court;

create ____...________..______.____._______.....______...________..1298, 1310, 1529, 1728, 1820

HB 1909--City of Roberta; new charter _ ____________ 1298, 1310, 1529, 1728, 1821

HB 1910--Stewart County Tax Commissioner;

compensation

..

1298, 1310, 1529, 1728, 1821

HB 1911--Stewart County Commissioner;

compensation ______..:________..__________.._____________ 1299, 1311, 1529, 1728, 1821

HB 1912--Cherokee County Water and Sewer

Authority; membership .............__..__....._.._..1299, 1311, 1529, 1728, 1821

HB 1913--Cherokee County Officials;

compensation ....._......._..__......._...._._....... .__..__..1299, 1311, 1529, 1728, 1822

HB 1914--Jackson; mayor not required to approve

all bills ..... 1299, 1311, 1529, 1728, 1822

HB 1915--Lincoln County Treasurer; compensation ____.________..___1299, 1311, 1530,

1728, 1822

HB 1916--McDuffie County Sheriff; housing

allowance _____....________..._______ ....______ .._____.._ 1299, 1311, 1530, 1729, 1822

3202

INDEX

HB 1917--Toombs Judicial Circuit Assistant District Attorney; create office _____.______._________.____..___1299, 1311, 1530, 1729, 1823
HB 1920--Georgia Building Authority; exercise of powers upon buildings ....._..___.__..._._..._...1429, 1437, 2428, 2432, 2737, 2780, 3058
HB 1921--Election Expenses; repeal section requiring
county to pay for referendum on local school taxation _____.____..___._____.__.________..____.__1515, 1527, 2096, 2098, 2286, 2386 HB 1922--Town of Maysville; contracts without voter approval _.___-__.__.____-_.____.____,,__.___..___ 1299, 1312, 1530, 1729, 1823 HB 1925--Spalding County Governing Authority; reimbursement of members expenses __________1300, 1312, 1530, 1729, 1823 HB 1926--Habersham County School Superintendent; appointment -____._____.___.__.__.______-__._.__..__._____.____1300, 1312, 1530, 1729, 1824 HB 1927--Telecommunication Service; unlawful to avoid payment -____..._...__..-.-..__-...._.._...-__.._-.__.1303, 1316, 1532, 1725, 2286, 2355 HB 1928--City of Dallas; change corporate limits ..___._...._..__...__....._...__..1421, 1432 HB 1929--Troup County Small Claims Court; change judge's jurisdiction __..._._...___..____...._...__.....1300, 1312, 1530, 1729, 1824 HB 1930--Troup County State Court; change judge's qualifications ___..__......_...__.._..__.___.....__..___..._.1300, 1312, 1530, 1729, 1824
HB 1931--Augusta Protestant Episcopal Society; amend Act incorporating ...___..___...____..._......_...1710, 1716, 2095, 2106, 2286, 2356
HB 1932--Chatham County Commissioners; compensation __...___..___....___.._.__..___...._._...__-.-1300, 1312, 1530, 1729, 1825
HB 1933--Lithonia; amount of fines imposed by recorder's court -_..._--.-.__..._.__...____..___-..__-.___...__......__-.._.1300, 1312, 2094, 2101, 2259
HB 1934--Optometry Board of Examiners; appoint hearing- officer for contested case ...._._.... 2059, 2082, 2233, 2244, 2319, 2456, 2457, 2463, 2698, 2738, 2912
HB 1935--Facade and Conservation Easement Act; enact ,,..__..._......__._....._.____________ 2061, 2082, 2427, 2436, 2737, 2794, 3058
HB 1936--Catoosa County Board of Utilities Commission; powers and duties _,,..__....._._..._.__...__.....___..__.1421, 1432, 1719, 1814, 1839
HB 1939--Nursing Home Administrator; must be licensed ._._____.____..____..__-.____-__-_-___-___.-. 2059, 2082, 2244, 2258, 2460, 2656
HB 1944--Tax, Cigars and Cigarettes; repeal provision relating to selling below cost price .__._..._._..._._..._._..__....._....__.....1677, 1706
HB 1945--Spalding County Officials; compensation _____.._.________.____-.____________.._-__...1421, 1432, 1719, 1814, 1840
HB 1946--Butts County SmaH Claims Court; create ....-_..-..-__..._._.:.___-...__...___._..________-...1422, 1433, 1719, 1814, 1840
HB 1949--Glascock County Commission Chairman; change method of election .._._....__....._-_..._.1422, 1433, 1719, 1814, 1840
HB 1950--Glascock County Commissioners; compensation _.._._.-__....._.-..._._....-_.....-___....___.1422, 1433, 1719, 1814, 1841
HB 1951--Glascock County Probate Court Judge; compensation .____-_-___.____-____._-__._-___.--__--__1422, 1433, 1719, 1815, 1841
HB 1952^Glascock County Tax Commissioner; compensation __...__......_....____......_...__-...__._...1422, 1433, 1719, 1815, 1841
HB 1953--Glascock County Treasurer; compensation ....._......___.1422, 1433, 1719, 1815, 1842
HB 1954--Corporations; amend Code Title 22, correct errors, technicalities ..__-....__.....___....__..._.._-..__...... 1711, 1717, 2097, 2106 2286, 2359, 2700
HB 1955--Richmond County School Superintendent; interim filling of vacancy ___.__._.___-__._.____.1422, 1433, 1719, 1815, 1842

INDEX

3203

HB 1957--State Officials; must resign before qualifying

to run for public elected office _.--...__.--, ______ 2090, 2092

HB 1958--Consumers' Utility Counsel; transfer to

Governor's office

. __ 2060, 2082, 2423, 2431, 2738, 2914

HB 1961--Bartow County Tax Commissioner;

compensation ___......_._... ____________________. _----1422, 1434, 1719, 1815, 1842

HB 1962--Bartow County Sheriff; compensation ________________________1423, 1434, 1719,

1815, 1843

HB 1963--Bartow County Superior Court Clerk;

compensation ______________________________________________ 1423, 1434, 1719, 1815, 1843

HB 1964--Bartow County Probate Court Judge;

compensation ______________________________------------1423, 1434, 1719, 1815, 1843

HB 1965--Bartow County Commissioner;

compensation ___________ ______________________________ 1423, 1434, 1719, 1816, 1843

HB 1967--Schley County Board of Commissioners;

compensation ----

____1509, 1520, 1805, 1829, 2108

HB 1968--Permit for Relocation of Mobile Homes;

fine for violation _____________________ _______ 2061, 2082, 2248, 2251, 2460, 2656

HB 1969--Clarke County Juvenile Court Judge;

compensation _._.----------------------------1510, 1520, 1805, 1829, 2108

HB 1970--Spalding County Coroner; compensation.........------1510, 1521, 1805,

1829, 2108

HB 1971--Spalding County Tax Commissioner;

compensation _______.._.__ ______________________________ 1510, 1521, 1805, 1829, 2108

HB 1972--Bulloch County Officials; compensation __________________ 1792, 1796, 2094,

2101, 2259

HB 1973--Bulloch County Superior Court Clerk;

compensation of employees _____________________ 1510, 1521, 1805, 1830, 2109

HB 1974--Bulloch County Chairman and Clerk of Board of

Commissioners; compensation ________________ 1510, 1521, 1805, 1830, 2109

HB 1975--Bulloch County Tax Commissioner; compensation

of assistants ___________._,,.____________________________. 1510, 1521, 1805, 1830, 2109

HB 1976--Bulloch County Coroner;

compensation ___..___._--------------------------1510, 1521, 1805, 1830, 2110

HB 1977--Bulloch County State Court Judge and

Solicitor; compensation ___________________ ------1510, 1522, 1805, 1830, 2110

HB 1978--Bulloch County Sheriff and Deputies;

compensation

_----------------__ 1511, 1522, 1805, 1830, 2110

HB 1979--Bulloch County Probate Court Judge; compensation

of clerical employees ------ ----------1511, 1522, 1805, 1830, 2110

HB 1981--Fayette County Board of Commissioners;

number of members ______----------_--_______ 1511, 1522, 1805, 1830, 2111

HB 1982--Hall County State Court Judge and

Solicitor; compensation ________________ __1511, 1522, 1805, 1831, 2111

HB 1983--City of Gay; mayor and councilmen, terms

of office .--------------_. ___________________ 1511, 1522, 1805, 1831, 2117, 2419

HB 1984--City of Austell; change corporate limits __________ ___.____--1511, 1522, 1805,

1831, 2111

HB 1985--Luthersville Mayor and Councilmen; terms

of office __--_----____--._--------_.----1511, 1523, 1805, 1831, 2112

HB 1986--Disposition of Unclaimed Property; shareholder's

rights in corporation ______ ___________ 2059, 2082, 2427, 2431, 2738, 2917

HB 1987--Elections; amend Code relating to voter

registration deadlines ___________------ 1303, 1316, 2426, 2431, 2739, 2939

HB 1988--Clayton County; interment of paupers

and indigents ___------------------------_----_1511, 1523, 1805, 1831, 2112

3204

INDEX

HB 1990--Domesticated Foreign Corporations; tax returns -_...._._...__...._.___..__......__.__..__.2221, 2235, 24|3, 2431, 2738, 2924
HB 1991--Coweta County Small Claims Court;
create ..____.......____-_...._.......___....___.__...__._...._.2207 ( 2210, 2425, 2436, 2709 HB 1993--Augusta; residency requirements members of
council ...._-......__-....__...,_......__........._._.____._...__.1521, 1523, 2426, 2439, 2708 HB 1994--Glynn County Probate Court Judge;
compensation of deputies _._.__...__......._..__._.. 1512, 1523, 1805, 1831, 2112 HB 1996--Tift County Board of Commissioners;
compensation .___.....__.._.___.__...._..__.........___.....1512, 1523, 1805, 1831, 2113 HB 1997--Fort Oglethorpe Aldermen;
compensation ___________________._______.______,.____________1512, 1523, 1805, 1831, 2113 HB 1998--Walker County Tax Commissioner; compensation
of deputies, clerks .._..__......_..___.........___._....._.1512, 1523, 1805, 1832, 2113 HB 1999--Walker County Superior Court Clerk; compensation
of deputies, clerks ...__._......__.-_....__._..______._-. 1512, 1524, 1805, 1832, 2113 HB 2000--Chatham County Board of Zoning Appeals;
increase membership _._...._.__......__._....._.___...._1512, 1524, 1806, 1832, 2114 HB 2002--Carroll County Board of Education;
election ...__._......_.......____......___.....___._.____._..,___.1791, 1797, 2094, 2101, 2259 HB 2008--Taliaferro County Superior Court Clerk;
compensation ._._..._____._.._______..______..._____._______1708, 1714, 2425, 2437, 2709 HB 2009--City of Monroe; change corporate
powers ______......__.....___.._......___.....____....___.__...._.1708, 1714, 2094, 2101, 2260 HB 2010--Newton County Small Claims Court;
create .._____-._...._._-..._..____...____..._._____..1708, 1714, 2424, 2434, 2729, 3057 HB 2013--Atlantic Judicial Circuit District Attorney;
additional secretary _...______..________..____________1709, 1714, 2094, 2102, 2260 HB 2015--Wills, Trusts; redefine fiduciary
powers .-_.._.......__.__..__._._...._____....-____....__.2061, 2083, 2427, 2436, 2738, 2925 HB 2017--Macon-Bibb County; create new political
entity ..______.....__._...______...._.___.... .. ,, 2207, 2236, 2425, 2437, 2710 HB 2020-^City of Lovejoy; new charter _______..._____.1709, 1715, 2243, 2254, 2448 HB 2021--City of Plains; new charter ....__._............___.1908, 2083, 2243, 2254, 2448 HB 2023--Cherokee County Officers;
employees _....___...______..._.____.....__..._....._____....._.1788, 1797, 2242, 2253, 2445 HB 2024--Oconee County School Superintendent; appointed
by Board of Education ....____......_.____....___.__..1789, 1797, 2243, 2254, 2448 HB 2025--Columbia County Board of Commissioners; election
of chairman _......-____...._____....-.____-...-_.___...-__.1787, 1797, 2243, 2255, 2449
HB 2026--City of Albany; authority over Chehaw Park ___.....___......._____..._.__.___.........__..1787, 1797, 2094, 2102, 2260
HB 2028--Nunez Mayor and Aldermen; terms of office ___._.-....._-_......__-_....._.____-......___.__-.....1788, 1797, 2094, 2102, 2261
HB 2029--Town of Cornelia; maximum amount of punishment for violation of ordinances _...__.___._........._.1788, 1798, 2094, 2102, 2261
HB 2031--Lincoln County Tax Commissioner; compensation ..___........__.__...._.____.........__._....... 1788, 1798, 2094, 2102, 2261
HB 2032--Warren County Probate Court Judge; employ clerical help ......____....-.______......_.._-_.1788, 1798, 2094, 2102, 2262
HB 2033--Lumpkin County Board of Education; election _-.._-__......--____..--____....-.__--.--1788, 1798, 2094, 2102, 2262
HB 2034--Law Library Board of Trustees; Secretary-Treasurer .__.___.......____.....1935, 2083, 2427, 2431, 2738, 2926
HB 2035--Macon-Bibb County Urban Development Authority; power of eminent domain ._...........____.......__.1788, 1798, 2242, 2253, 2445

INDEX

3205

HB 2036--Concord Mayor; office, election and removal ....____________.. ..------.______..___._______________1788, 1798, 2243, 2255, 2449
HB 2041--Warner Robins; change corporate

limits --.-.----_-.-------____....________________1789, 1799, 2094, 2103, 2262

HB 2042--Newton County; change commissioner

districts ...-.___________..____________._----___._.____________1789, 1799, 2424, 2434, 2709

HB 2044--Sumter County Court Clerks and Deputy

Clerks; compensation .._.._...___----..----________1789, 1799, 2094, 2103, 2263

HB 2045--Richmond County; compensation of certain

elected officials

.. _..__________1789, 1799, 2426, 2440, 2710

HB 2046--Richmond County Sheriff's Office;

employees . .. ._ ...___._.. ......._..._..2207, 2210, 2425, 2437, 2711 HB 2049--Glynn County Sheriff's Office; number of

employees ._...... _____________ __________________ 1909, 2083, 2243, 2255, 2449
HB 2050--Cities, Counties, School Districts; additional investments ........._..................._...._.... 2090, 2092, 2241, 2251, 2460, 2683

HB 2051--City of Mountain View; change corporate limits _____________ ..._.._...._______________________________________________________1789, 1799

HB 2052--Grady County Board of Education; compensation _______ ______________________________ 1790, 1799, 2094, 2103, 2263

HB 2053--City of Mountain View; levy five mill tax by ordinance _______________________________________ .--1789, 1799, 2425, 2437, 2711
HB 2054--City of Mountain View; referendum relating to repeal of Act incorporating _____.----------------1790, 1800, 2243, 2255, 2453, 2699
HB 2056--DeKalb County Recorder's Court; appointment of inspectors ______________________________ 1790, 1800, 2424, 2434, 2710
HB 2057--Dougherty County Small Claims Court; create ---- _ -------- _______---------- _______1790, 1800, 2425, 2437, 2718, 3053
HB 2059--Dougherty County State Court; change civil jurisdiction _________________ ________________ ___________1790, 1800, 2425, 2437, 2711
HB 2060--Valdosta; new charter _ _____ ........ 1790, 1800, 2094, 2103, 2281, 2420 HB 2062--Terrell County Deputy Sheriff;
compensation _________ _______________________ -1790, 1800, 2094, 2103, 2263 HB 2065--Bleckley County Commissioner;
compensation ___ _________ ________ ________ _ 1790, 1804, 2094, 2103, 2282, 2420 HB 2066--Bleckley County; changes provisions
relative to annual audit ______ _____ _______ ....1791, 1801, 2094, 2103, 2263

HB 2068--Houston County Board of Commissioners; filling vacancies _ ______ ........ ....... ......... -.1791, 1801, 2095, 2103, 2264

HB 2069--City of Port Wentworth; change corporate limits _ ._____---_____---_----. --- .-_-.. _--- 2207, 2210, 2425, 2437, 2711

HB 2070--City of Smyrna; change corporate limits ---_._--___--.______.--__ ....... ......1791, 1801, 2095, 2104, 2264

HB 2072--Wayne County Board of Hospital Authority; appointment of members __:__________ _____ 1791, 1801, 2243, 2255, 2449

HB 2073--DeKalb County; sale of alcoholic beverages by the drink certain hours on Sundays ________ ----1791, 1801, 2425, 2437, 2712

HB 2074--DeKalb County; compensation certain county officers _ _____ _____ .... ...1795, 1801, 2095, 2104, 2283, 2405, 2406, 2679, 2680, 2888, 3055

HB 2075--Glynn County State Court Clerk, Deputy Clerks; compensation ..................... -1791, 1801, 2425, 2438, 2712

HB 2076--Grady County Board of Commissioners; terms of office ........ ........... ....... --.. - -1792, 1802, 2095, 2104, 2264

3206

INDEX

HB 2077--Homerville; municipal general elections..._...1792, 1802, 2095, 2104, 2265

HB 2078--Atlanta; change corporate limits __...__._...__..._--..._-..._.....___..__.1909, 2083

HB 2079--Governor's Annual Report to General Assembly;

change date due ....__...__..__._...._____..._...._.2221, 2236, 2243, 2256, 2460, 2658

HB 2080--Savannah; extend corporate limits _______.2316, 2342, 2425, 2438, 2712

HB 2082--Ware County Board of Commissioners;

compensation, create office of County

Manager .__...__.._.______..__..._-__-.-___-.._...-__....2207, 2210, 2425, 2438, 2713

HB 2t)83--Ware County Board of Commissioners;

recall ,,,,

_

_ ..___..__.___ 2207, 2210, 2425, 2438, 2713

HB 2085--City of Toccoa; change corporate limits _._-....__...-_.....1909, 2083, 2243,

2255, 2450

HB 2090--Ware County Board of Commissioners; duties,

powers and authority .....____-..-.._._.........___.__..._._...._-.._._._..__..__.2208, 2210

HB 2093--Tallapoosa; reincorporate .....__..__..._._....__._.. 2208, 2211, 2425, 2438, 2713

HB 2094--City of Macon; amend charter._...........__...._ 2208, 2211, 2425, 2438, 2714

HB 2095--Echols County Tax Receiver and Collector;

compensation _._....___..__.._._..._......__.....__..._..___.2208, 2211, 2425, 2438, 2714

HB 2096--Dublin-Laurens County Development Authority;

remove interest limitation on bonds

issued ___.....____....-__._..-__...-.___.-...___..-._._-.__......_._.2208, 2211, 2425, 2438, 2714

HB 2100--Uninsured Motor Vehicle Coverage; bankruptcy

not bar claim

. 2238, 2240, 2427, 2431, 2737, 2786, 3058

HB 2107--Chatham County Tax Commissioner; compensation _______.______._____2993

INDEX

3207

HOUSE RESOLUTIONS

HR 21--Dennis M. Cox; compensation ._._.___._... ___ 2223, 2233, 2422, 2432, 2882

HR 56--Fulton County; repeal certain tax for

education purposes --..

._

_ ... .... _______.................________1426

HR 69--General Assembly Members; no change in compensation during term ....................... 14, 23, 68, 1282, 1288, 1430,

HR 81--Fulton County; define "homestead" to include corporative ownership for tax

1458, 2915, 3055

exemption purposes _____________________ __1230, 1239, 2424, 2434, 2755, 3052 HR 89--Muscogee County Airport Commission;

appointment of members ________ ______________.............._.______No action in 1976
HR 97--Boston Farm Center, Incorporated; compensate ......_....._......._......_...._._...... ......2223, 2234, 2422, 2432, 2883

HR 101--Spinal Health Day; designate ......................................No action in 1976

HR 157--DeKalb County Judges and Stone Mountain Superior Court Judges; election ....................................................264t
HR 195--Flue-Cured Tobacco; urge sale across State

and county lines ._......__..._..._..._.,,................_. .... .... No action in 1976 HR 196--Death Sentence Commuted to Life; no

pardon _____________________ _____ . . 1354, 1357, 2097, 2106, 2286, 2360, 2679, 2690, 2702, 2798, 3040, 3055

HR 226--State Properties Commission; membership, powers and duties ___________._..._,,________________________.___.________.___. 14, 15, 71, 93, 97, 99

HR 228--Metro Atlanta Expressway System; single organizational unit to control ..................---14, 16, 92, 97, 105, 1428
HR 302--Atlanta; revenue obligations, guaranteed tax to

repay, certain cases ______________________________ _1230, 1239, 2424, 2435, 2757 HR 307--Lanier Land Parkway; Highway 365

designated _ ________________________________ ._______________________68, 70, 271, 309, 479, 486 HR 311--City of Marietta; retired employees, increased

benefits _______.._...._________________.___......_---_-_______________________________. . 1241, 1384

HR 387--Metropolitan Atlanta Rapid Transit; urged to purchase and contract for materials made in Georgia ........ ____________902

HR 398--City-County Tax; exempt personal tangible property in transit ....................1428, 1438, 1718, 1811, 2161, 2286, 2371
HR 455--Notifying the Senate that the House has convened .. _ ............_._. 12

HR 456--Notifying Governor that General Assembly has convened ........ -----___--___________________ ......_.___... _-- 12, 13

HR 458--Joint Session; relative to National Bicentennial ......... _______________________________________________________________ 12, 13, 25

HR 459--Joint Session; honoring certain faculty of University System ............._...._.............._......_._.._......._....... .......12, 21, 32

HR 460--Joint Session; State of State Message for Governor ______ 12, 22, 32 HR 461--Joint Session; State Budget Message from Governor ............ .13, 22, 60

HR 462--State Constitution; provide _________ .... 68, 70, 1179, 1248, 1326, 1876, 1947, 2209, 2321, 2369, 2403, 2944, 3055

HR 464--Bingo; exempt from lottery provisions of Constitution ___________ __________ ..... 266, 269, 766, 824, 910, 975, 986, 1086, 1166, 1188, 2349, 2357, 2421

HR 465--Revenue Bonds; changing requisite for passing certain ones _________ ........... . .. ... 302, 307, 477, 507, 548, 571

HR 469--Amendment to U.S. Constitution; convention for proposing _________ .... _____________ .. _49, 53, 70, 93, 97, 106

3208

INDEX

HR 470--Liberty Bell Replica on Capitol Grounds;

relata* to relocation _____________.,,.,,__________,,,,______,,.______________ 27, 31, 270, 454

HR 478--Dental Health Day; designating .

. .. 245, 251, 270, 298

HR 484--Henry G.' McKemie; bridge in Clay County

named for _______________________________________________ ___.________88, 92, 235, 254, 275, 286

HR 490--Airport Site; majority vote of county to

acquire property ---.____--__________-_____.._____. 1354, 1357, 2097, 2354, 2458

HR 492--Gail E. Ryan; compensate __........_._._.._.._.. 2223, 2234, 2423, 2432, 2883

HR 493--Governor; may succeed himself for one

term _____-.__________-_____...__________....._______._______.._,_________.236, 476, 507, 548, 573

HR 494--Attendance by 60 Year Old to Unit of University

System; no tuition ________________________ 808, 817, 1530', 1725, 2161, 2224, 2420

HR 495--Douglas County Real Property;

conveyance _________________.._________________-_____1517, 1527, 1806, 1832, 2286, 2376

HR 496--Floyd M. Hilley; compensate ._...._.__....__..._.-...1304, 1317, 1529, 1726, 1925

HR 497--James L. Gillis, Sr. Memorial Highway;

designating _____..,._____._____________.._________.____________680, 685, 767, 824, 910, 948

HR 498--Dodge County; provide tax exemption on

transshipment facilities _-.-___ 265, 269, 733, 772, 840, 908,

911, 975, 1051, 1054

HR 503--Georgia Pacific Corporation; easement through property

in Chatham County _____________..._________.___. 498, 502, 734, 772, 840, 876, 893

HR 504--Edwin J. Odom; compensate ..__.______.._____..2223 ) 2234, 2423, 2432, 2884

HR 515--Gainesville American Legion Post 7

Baseball Team; commend ________.__-____________________________________________..______68, 73

HR 517--State Mineral; staurolite

designated _._____________.___________.___.____...___.____.892, 900, 1319, 1362, 1451, 1494

HR 518--Dr. Richard E. Wooley; compensate ______..___________.1304, 1317, 1529, 1726,

1926, 2237, 2314

HR 525--Mr. and Mrs. S. M. Lynch;

compensate ________.....__________._..._____1304, 1317, 1529, 1726, 1927, 2237, 2313

HR 527--Peach Blossom Trail; designate portion of

Highways 41 and 341 ________.__.____________760, 764, 968, 1035, 1138, 1153, 1428

HR 530--Cherokee and Creek Indians; pay tribute to ______ 227, 237

HR 534--Decatur County; conveyance of certain

real property _____._._...___________.__._.______-____-_.___.680, 685, 818, 907, 976, 1015

HR 537--Merit System; implement Certified Public

Management Program ________.._.__._._____._724, 729, 1033, 1137, 1190, 1210

HR 540--Chatham County; easement to Pierpont-Corbett

Box Company __________._._.______..___._______________499, 502, 734, 772, 840, 879, 893

HR 541--City of Marietta; homestead exemption; change

income requirements _______________._.__________________________536, 541, 732, 775, 834

HR 543--Small and Minority Owned Businesses

Study Committee; create ________..__809, 817, 1444, 1537, 2460, 2684, 3052

HR 544--Sherry T. Alexander; compensate __ _________2223, 2234, 2423, 2432, 2885

HR 549--DeKalb County Property Appraisal Study

Committee; create ___..__.__-_____.__.._.---..636, 641, 1719, 1816, 1872, 2238

HR 550--Houston County; justices of the peace, increase

dollar amount of cases within jurisdiction _____.536, 542, 732, 776, 832

HR 553--General Assembly; adjournment

January 23 to February 2 ___.____.........._.___.__...............__._._..._.282, 297, 467

HR 555--Medical Student Loans; increase and

provide for repayment __________________________964, 967, 1318, 1362, 1451, 1495

HR 567--Chatham County; conveyance of State-owned

property to Union Camp Corporation _______ 681, 686, 734, 772, 840, 881

HR 568--Elected Officials; procedure for recall ______________________________________ 964, 967

INDEX

3209

HR 583--Cobb County; lease of State-owned

property ......___..___.___..._._._.___.__.__._.__...._.-_.__..681, 686, 818, 907, 976, 1016

HR 584--Columbia County; collection of license fees .......636, 641, 902, 974, 1044

HR 586--Fulton County; enact ordinances and traffic

regulations in unincorporated areas ...... 1121, 1130, 2243, 2255, 2485

HR 587--Fulton County Homestead Exemption; request

for $10,000 exemption ._...._.......__.._......__......._................_....._.. ......1516, 1527

HR 590--DeKalb County Justice of the Peace; filling

of vacancies in office _......._.._......636, 642, 2095, 2107, 2738, 2932, 3053

HR 591--DeKalb County; justices of the peace,

increase dollar amount of cases ......... ....... -636, 642, 2095, 2107, 2738,

2934, 3017

HR 592--Houston County Governing Authority;

establish branch offices ....................... ... ........ 681, 686, 902, 972, 1046

HR 593--Hugh M. Toles; compensate .....__.........._... -.1304, 1317, 1529, 1726, 1928

HR 594--Forsyth County Employees; merit system

of civil service system ........._............... ....... . -..-681, 686, 902, 972, 1048

HR 595--Clayton County; justices of the peace,

increase dollar amount of cases ......_......._._... ...724, 730, 902, 974, 1049

HR 596--Fayette County; business license fee in

unincorporated areas ......................... 892, 901, 1133, 1184, 1262, 1353

HR 597--Meriwether County; conveyance of State-

owned real property ...... ...................1121, 1130, 1242, 1320, 1451, 1498

HR 598--Bartow County; conveyance of certain

real property .....................................1166, 1175, 1359, 1448, 1545, 1698

HR 599--Georgia Building Authority; create and

provide membership .____.__.__._,,__.___.__.___._______..___.___..__.__.._..____.__..___ 1428, 1438

HR 600--Elbert County Law Library; State

Library furnish certain books ....... 1427, 1438, 2245, 2258, 2460, 2659

HR 609--Brooks County; compensate _............._..._._...1304, 1317, 1529, 1726, 1929

HR 611--Code Revision Study Committee;

create .............._.._...... .......... .. ........ ... ....... 2090, 2092, 2427, 2432, 2941

HR 613--Mr. L. C. McGarrah; compensate .. .... .2223, 2234, 2423, 2432, 2886

HR 614--Education Laws Study Committee;

create .................. ............ ..........2061, 2083, 2244, 2258, 2460, 2660, 3053

HR 615--Hahira; system of telephonic

communications ........ ... . ... .............. ....... 808, 816, 1133, 1184, 1265

HR 616--Floyd County; include certain employees

in retirement system .... ... . ....... .... - .. .. 808, 816, 1133, 1184, 1267

HR 618--Revenue Anticipation Obligations;

increase/reduce purpose for issuance . ... .. ... ... .. ... .. .. ---1518, 1527

HR 619--Crisp County Power Commission;

relating to taxation ....... ... ....... ... - .. ..... .. ... .. ... ... ..... .. .. -2061, 2084

HR 620--Pierce County; justice of the peace,

increase dollar amount of cases

within jurisdiction ......... ............... ...... - . ..... 808, 816, 1133, 1184, 1269

HR 621--Tim Byrd; compensate J

.....1304, 1317, 1529, 1726, 1930

HR 622--Glynn County; tax exemption tangible

personal property in transit ... .. ..... ... .. - -808, 81.6, 1241, 1322, 1385

HR 623--Wayne County; levy tax for industrial

development purposes ............ ................. 808, 817, 1719, 1816, 1913

HR 625--Thomaston-Upson County Board of Education;

joint secondary board of education .. ... .. 809, 817, 1133, 1185, 1270

HR 626--DeKalb County Solid Waste Disposal

Authority; create ........... ....... ......... ... .... ..1121, 1131, 2426, 2440, 2760

HR 653--Forrest "Speck" Towns; commend ................. ............ ....... ..637, 648

3210

INDEX

HR 662--Oconee County; conveyance of certain State-owned property ______..__....._...__..1304, 1316, 1806, 1832, 2286, 2377
HR 663--State Property Transfer; sale or lease to Chattanooga, Tennessee _.-.-_-_..___...._.....__......._.....__..._...___....1427, 1438
HR 664--Thomas Dale Meador; compensate ___.__.__._.1305, 1317, 1529, 1726, 1930 HR 665--Catoosa County; conveyance of certain
real property __-..__..__....__..__...__..__.....1121, 1131, 1242, 1320, 1451, 1498 HR 666--Decatur County; conveyance-of
certain real property .____._._____1305, 1316, 1444, 1537, 1743, 2161, 2228 HR 669--Emanuel County; conveyance of certain State-
owned property _____._.___.____________-____.______1427, 1438, 1806, 1832, 2161, 2229 HR 672--Jackson County; conveyance of certain
State-owned property ,...__._....__.._..__...1231, 1239, 1359, 1448, 1545, 1699
HR 673--Troup County; conveyance of certain real property .._.........____..-.___..__.._..._._..1166, 1175, 1359, 1449, 1545, 1700
HR 677--McDuffie County; conveyance of certain State-owned property .__.__-___...____._____1166, 1175, 1359, 1449, 1545, 1701
HR 705--Grover McSwain; compensate ___....._._....._...1305, 1317, 1529, 1726, 1931 HR 706--Spalding County; businesses in
unincorporated area, licensing ...._.__....__....1305, 1316, 1530, 1730, 1915 HR 707--Glynn County Sale of Alcoholic Beverages;
authority _____._____._________________.___._____._____-_______1167, 1176, 1443, 1543, 1774 HR 710--Collective Bargaining Agreements;
committee to study HB 1555 ......_..._..........._..._._...._......__.._....__.....1231, 1239 HR 717--Cobb County; disposition of assets of
cities within ..-._....__-...._-..-_._.......-___.___.-._..1166, 1175, 1443, 1543, 1776 HR 718--Henry County; encourage economic development
by exemption ad valorem tax ____._____.________1166, 1176, 1443, 1543, 1778
HR 719--Henry County; vest law enforcement powers in Sheriff ............._..__._..._........._.__...._.1426, 1438, 2243, 2255, 2487
HR 721--Downtown Camilla Development Authority; establish ._.._..._._.___....__....._._..._._.1231, 1240, 1443, 1543, 1780
HR 722--Cobb County Homestead Exemption; exclude certain retirement benefits _.____.__.1353, 1357, 1530, 1730, 2196
HR 733--Powder Springs Homestead Exemption; provide for 65 year olds ______.______._..._._______.1231, 1240, 1443, 1543, 1783
HR -7-38--Doyle L. Drew; compensate ............__._..._...2223, 2234, 2423, 2432, 2887 HR 742--Towns County; conveyance of certain State-
owned property _...___..__._....._____...__.....1166, 1176, 1359, 1449, 1545, 1702 HR 743--Daniel Wall; compensate .__.....___...___..__._...1305, 1318, 1529, 1726, 1932 HR 744--Irwin County; conveyance of certain State-
owned property _...____....___..__._.._..__...__.1428, 1439, 1719, 1816, 2161, 2230 HR 745--Irwin County Conveyance of Property;
circumstances for return to UDC ___.1516> 1527, 1806, 1832, 2161, 2231 HR 746--Bulloch County; lease of certain State-
owned property _...___..____._____-1305, 1316, 1444, 1538, 1743, 2161, 2232 HR 747--Fulton County Industrial Tax District;
create ....__,,.._.....- .._.-.. .. 1426, 1439 HR 749--DeKalb County Governing Authority; adopt
budget, provide for working reserve ---,,.._.--.,,--...--._,,--....--1305, 1317 HR 751--Chatham County; easements to Union Camp
Corporation ....___.....___.-_..__..__-..__-.....-._.1231, 1240, 1359, 1449, 1545, 1702 HR 753--Hall County Board of Education;
staggered terms of office _._..._..... ._..._._..__.1427, 1439, 1719, 1816, 1917 HR 754--Downtown Athens Development Authority;
power of eminent domain ___..._......._.1427, 1439, 1719, 1816, 1918, 2238

INDEX

3211

HR 755--Muscogee County; homestead exemption

of certain property

. ....._.._. 1711, 1717, 2243, 2256, 2489

HR 769--Direct Flight Service to Europe; urge

Congressional Delegation to assist in

obtaining .... ....._.._..__._.......... ........ 1121, 1131, 2247, 2285

HR 770--Federal Clean Air Act; urge

Congress of U.S. to amend _-_.-.-_...-...-.-.-.__...-....--.................1122, 1131

HR 774--YMCA Youth Assembly; commend ___..._....._._...._...__...__._...._...__.1167, 1273

HR 776--Paulding County; borrow money to enter

contract for improvement .._......__.__......._._..1427, 1439, 1719, 1816, 1921

HR 777--Chatham County; certain manufacturing

improvements ad valorem tax exempt ,.-1427, 1440, 1719, 1817, 1923

HR 778--Board of Education; six-year certificate program ..........--.. 2222, 2234

HR 791--Forsyth County; property in transit,

tax exempt

....-..._...._......__._...1516, 1528, 1806, 1833, 2199

HR 793--Forsyth County; tax for fund to promote

development of industry ....... .._........-.._.._. .1516, 1528, 1806, 1833, 2201

HR 794--Paulding County; referendum for airport

with runway over 5,000 feet ...-...__..-..__........... ...._...._..._......_..1516, 1528

HR 795--Jefferson County; tax exemption relating to

mineral processing establishments .-1516, 1528, 1806, 1833, 2204, 2238

HR 803--General Assembly; administer and disburse

Federal funds for transportation ... 2090, 2092, 2248, 2251, 2460, 2661

HR 804--Echols County Probate Court Judge; also

serve as County Court Judge ..................1711, 1717, 2094, 2104, 2324

HR 806--Liberty County Industrial Authority;

membership __...._..._.._...__.__...__......._..._......_._..1795, 1803, 2094, 2104, 2326

HR 807--Macon County; conveyance of certain State-owned

real property ..................... .....: ....-.-.1794, 1803, 2097, 2107, 2286, 2378

HR 808--DeKalb County Board of Commissioners; rules for

payment of certain claims from treasury.... 1795, 1803, 2424, 2435, 2769

HR 809--Regents Board; conveyance of certain

State-owned property .......... ............1795, 1803, 2097, 2107, 2286, 2379

HR 810--Macon-Bibb County Urban Development

Authority; issue bonds .... ......................1795, 1803, 2243, 2256, 2492

HR 812--Lakeview-Fort Oglethorpe-Catoosa County

Stadium Authority; create .............. .....1794, 1804, 2094, 2104, 2328

HR 813--Full Employment in Georgia Study

Committee; create ....... ...... 2090, 2093, 2245, 2251, 2460, 2674, 3057

HR 816--South Cobb Athletic Association Pee Wee

Vipers Football Team; commend -- .. . ... --....... ...._._...._.....1429, 1450

HR 846--Whitfield County Small Claims Court;

create ............................. .......................1794, 1804, 2094, 2105, 2340

HR 849--John Hay Whitney; wishing speedy recovery .......................1518, 1544

HR 857--Fayette County School Superintendent;

appointment ... ................... .................. ..... 1794, 1804, 2243, 2256, 2495

HR 859--Ware County Officials; procedures

for recall ................................ ..1909, 2084, 2425, 2439, 2771, 3053

HR 861--Curriculum Study Committee for Public

Schools; create ......... ............ .... 2061, 2084, 2244, 2258, 2460, 2680

HR 864--Albany Central Development Authority;

establish ................................ ................1910, 2084, 2425, 2439, 2773

HR 883--DeKalb County Officials; compensation ................1910, 2084

HR 886--Mr. Garnett, McKinley Kirk; commend ... .............. 1796, 1875

HR 887--DeKalb County; exempt certain property

improvements from ad valorem tax __..._........_..--_... .... ... .._. 2222, 2234

3212

INDEX

HR 888--Dublin Downtown Development Authority;

establish __,,.____.____....____.____..___...__._.__.._..___._._...._ ._ 2222, 2234, 2425, 2439, 2778

HR 890--Georgia Certified City Program;

commend participants ,,___--. ,,.._-.

.__.-

..........__..1910, 2084

HR 915--Service Integration System; urging approval .............. . .... 2239, 2241

HR 932--Mrs. Joyce Stell; commending ...__...__.._..__...___..._.....__............_. 2419, 2455

HR 961--Smoking in Hospital; relative to ....._.... . . _ ... ....... ....... ... . 2422, 2455

HR 991--Vocational Education in Georgia; urging

increased emphasis ..____..._......_,,._....._..__............._..___....._.. .......... 2877, 2942

HR 992--Federal Welfare Recipient Employment Incentive

Tax Credit; urge take advantage of _..... ... ... .- ... .._.._.... 2877, 2942

HR 995--Licensed Practical Nurses; expressing

position of General Assembly __...... _..._._._. ... ..._...._......_...__...... 2877, 2943

INDEX

3213

PART IV

JOINT RESOLUTIONS ADOPTED IN JOINT SESSION

JR

1--Dr. Glenn W. Burton; appreciation to .........,,.._.... ._._._..... -..._..._.........___.32

JR

2--Dr. Joseph M. Pettit; appreciation to ------..._...--.._.... ._. ._......____,,___ 32

JR

3--Dr. Norman H. Giles; appreciation to . ._.,,.......__.._...._......_........___________.__32

JR

4--Dr. Eugene P. Odum; appreciation to ....-.......__.,,..._._...... .__. ---....__....32