Journal of the House of Representatives of the State of Georgia at the regular session, commenced at Atlanta, Monday, January 8th, 1962 and adjourned February 16, 1962

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OP THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8th, 1962 and adjourned February 16, 1962
1962 LONGINO & PORTER, INC.
HAPEVILLE, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES 1962-63

GEORGE L. SMITH II ........
EMANUEL COUNTY

-Speaker

ROBERT L. SCOGGIN .......... __

..........Speaker Pro Tern.

FLOYD COUNTY

GLENN W. ELLARD ..........................._................... ................ _ .Clerk
HABERSHAM COUNTY

JANETTE HIRSCH _____________.._.. _________________ .... ____._... ..Assistant
FULTON COUNTY

JACK GREEN........ ............ ....... _____ .................. ......Assistant
RABUN COUNTY

HUGH SKELTON ........ ...... ..... .... ....................._............ Assistant
HART COUNTY

AMELIA SMITH............................... .--__.__.._. ._..._.._ _____Assistant
FULTON COUNTY

BARBARA BATES.................... ... ... ._...__.__.._Calendar Clerk
DEKALB COUNTY

ELMORE C. THRASH_...................... . ________
LOWNDES COUNTY

... _ Messenger

EDWARD C. MOSES -___..________.... _____________
MONTGOMERY COUNTY

Doorkeeper

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia.
Monday, January 8, 1962
The Representatives of the General Assembly of Georgia met in regular session in the Hall of the House of Representatives at 10:00 o'clock a.m., this day and were called to order by Honorable George L. Smith, II, Speaker of the House of Representatives.
Prayer was offered by the Chaplain, Elder V. H. Hooks, New Hope Primitive Baptist Church of Emanuel County, Georgia.
The following communications from Honorable Ben W. Fortson, Jr., Secretary of State, were received and read:
DEPARTMENT OF STATE SECRETARY OF STATE
Ben W. Fortson, Jr. Atlanta 3, Georgia
June 5, 1961
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir: I hereby certify that the consolidated returns on file in this office
of Special Election held on the 31st day of May, 1961, in Mitchell County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia, show the following results:
MARCUS COLLINS .._.._.._...____..._...-Received.__..........-__177 votes
Given under my hand and seal of office on this the fifth day of June, 1961. Ben W. Fortson, Jr. Secretary of State (Seal). Communications from Fortson #2

JOURNAL OP THE HOUSE,
SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
December 14, 1961
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 8th day of December, 1961, in Warren County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia, show the following results:
GEORGE P. LANGFORD, JR.._-.._----..------------..-.407 votes Alva L. Haywood.._........._.........__..... .----__.------___------.--278 votes
Given under my hand and seal of office on this the 14th day of December, 1961.
Ben W. Fortson, Jr. Secretary of State (Seal). Communications from Fortson #3
SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
October 30, 1961
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 25th day of October, 1961, in Wilkinson County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia, show the following results:
E. BROOKS LEWIS...-------------.._------..... .------1006 votes Sidney S. Miller...-------------.-..----_._------_ 810 votes L. Vera Hardy-------------------- ------------------------ 62 votes
Given under my hand and seal of office on this the 30th day of October, 1961.
Ben W. Fortson, Jr. Secretary of State (Seal). Communications from Fortson #4

MONDAY, JANUARY 8, 1962

7

SECRETARY OP STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia October 24, 1961
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Election held on the 18th day of October, 1961, in Crisp County, for the purpose of electing a Representative to the General Assembly of Georgia, show the following results:

HOWARD RAINEY .____._._._.._____..__._______.._________.....____.____.__1625 votes Earl Mallard _____,,_.___.______...__._____....._._,,...--__.....,,_--_._......1005 votes M. P. Carter (Write-in)--_._--___.-..--.___..._.....___.__.......--__.. 1 vote Out ................._.....,,___--......_..___......___.__.....,,_____.....___.___.___.__. 21 votes

Given under my hand and seal of office on this the twenty-fourth day of October, 1961.

(Seal). Communication from Fortson #5

Ben W. Fortson, Jr. Secretary of State

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia May 8, 1961
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Election held on the 3rd day of May, 1961, in Clinch County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia, show the following results:

GROVER B. LEE-...---_---..--Received....------442 votes Ben T. Willoughby....._._..........._.___.....Received........._____.._...437 votes Iverson H. Huxford....--.--..----,,----Received ........._._.__.._ 381 votes Brooks E. Blitch, Jr.........................Received ____..--......... 214 votes

Given under my hand and seal of office on this the 8th day of May, 1961.

Ben W. Fortson, Jr. Secretary of State (Seal). Communications from Fortson #6

8

JOURNAL OF THE HOUSE,

SECRETARY OP STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia

May 23, 1961

Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

Dear Sir:

I hereby certify that the consolidated returns on file in this office of Special Election held on the 17th day of May, 1961, in Candler County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia, show the following results:

HINES L. BRANTLEY.....__________ ..........Received--.__----..192 votes

Given under my hand and seal of office on this the 23rd day of May, 1961.

(Seal).

Ben W. Fortson, Jr. Secretary of State

Representatives-elect Collins of Mitchell, Langford of Warren, and Lewis of Wilkinson, came forward to the Bar of the House and were administered the oath of office by Judge Robert H. Jordan, of the Court of Appeals of Georgia.

Representatives-elect Rainey of Crisp, Lee of Clinch, and Brantley of Candler had previously taken the oath of office, however, in order to avoid any technicality that might arise, again were administered the prescribed oath.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett
Bozeman

Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox
Crawford

Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
Funk

MONDAY, JANUARY 8, 1962

9

Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killings worth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity

Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Eainey Eaulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson

Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story
Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing, Journals, reported that the proceedings of the last legislative day of the 1961 Session, had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following Resolutions of the House were read and adopted:

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JOURNAL OF THE HOUSE,

HR 308. By Mr. Twitty of Mitchell:
A RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.

HR 309. By Mr. Twitty of Mitchell:
A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a Committee of eleven, seven from the House, to be named by the Speaker, and four from the Senate, to be named by the Presi dent, be appointed to notify His Excellency the Governor that the General Assembly has convened in regular session and is now ready for the transaction of business.

Under the provisions of HR 309 the Speaker appointed the following repre sentatives as a Committee of Escort on the part of the House:

Messrs. Abney of Walker, Thornton of Bibb, Mullis of Bleckley, Scarborough of Crawford, Sangster of Dooly, Killian of Glynn and Brantley of Candler.

HR 310. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Adopting the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjourn ment of the 1961 session of the General Assmbly, are hereby adopted as the Rules of the House for the 1962 session.

HR 311. By Mssrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Relative to officials of the House and the appointment and compensation of attaches and employees of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following shall prevail as to the appointment and compensation of the attaches and employees of the House, which compensation shall be paid from the funds appropriated to or available to the Legislative Branch of the Government:
1. That the Speaker of the House of Representatives be author ized to appoint five (5) aides to the Speaker and four (4) secretaries to be paid the same compensation as the members of the General

MONDAY, JANUARY 8, 1962

11

Assembly; and he is further authorized to appoint assistant messengers, assistant doorkeepers and gallery keepers at not to exceed $8.00 per diem, two porters at $7.00 per diem and pages at $3.00 per diem.
2. That the Administration Floor Leader be authorized to appoint one assistant, one legal assistant and one secretary to be paid the same compensation as the members of the General Assembly.
3. That the Speaker be authorized to retain the services of persons skilled in legislative matters to be compensated as provided by the Speaker.
4. That the Speaker be authorized to appoint Chaplains for the House, the Postmaster or Postmistress of the House, and the Director of Pages with compensation to be fixed by the Speaker at not to exceed the compensation of members of the General Assembly. The Speaker is authorized to appoint assistant Postmasters or Postmistresses and assistant Directors of Pages with compensation to be fixed by the Speaker at not to exceed $20.00 per diem.
5. That in addition to all other compensations and allowances here tofore allowed by law, the Speaker be authorized an allowance of $20.00 per day during the session of the General Assembly to cover any other incidental expenses not otherwise covered by the provisions of the General Appropriations now in force and effect.
6. That the Clerk of the House be authorized to appoint the fol lowing employees of the House at the compensation herein provided: Nine (9) porters at $6.00 per diem; ten (10) copy readers at not to exceed $15.00 per diem; ten (10) typists at not to exceed $15.00 per diem; four assistants, one (1) reading clerk, one (1) calendar clerk, and one (1) journal clerk, each to be paid the same as members of the General Assembly; four (4) Multilith operators, two (2) Xerox opera tors, two (2) Collator operators, and one (1) sound machine operator at not to exceed $15.00 per diem each.

HR 312. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that His Excellency, Governor S. Ernest Vandiver, is hereby in vited to address a joint session of the House and Senate at 8:30 o'clock, P.M., January 10, 1962, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the joint session of the House and Senate will be held in the Hall of the House of Representatives at 8:00 o'clock, P.M., on the aforesaid date for the purpose of hearing a message from His Excellency the Governor.
BE IT FURTHER RESOLVED that a committee of twelve, seven to be named by the Speaker of the House, and five to be named by the President of the Senate, be appointed to escort His Excellency the Governor to the Hall of the House of Representatives.
Under the provisions of HR 312, the Speaker appointed the following as members of the Committee of Escort on the part of the House:

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JOURNAL OF THE HOUSE,

Messrs. Twitty of Mitchell, Phillips of Columbia, McCracken of Jefferson, Blalock of Clayton, Pannell of Murray, Cox of Clarke, and Scoggin of Floyd.

HR 313. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Expressing appreciation to the Clarke County Delegation and the University of Georgia; and for other purposes.
WHEREAS, the members of the General Assembly were guests at a most delightful open house and luncheon prior to the Georgia-Auburn Football Game on November 18, 1961, in Athens, Georgia; and
WHEREAS, the hosts on this occasion were Honorable Chappelle Matthews and Honorable Julian Cox, Representatives from Clarke Coun ty, and Dr. 0. C. Aderhold, President of the University of Georgia; and
WHEREAS, the fellowship and the lunch were thoroughly enjoyed by all who attended, and this annual affair is looked forward to with anticipation each year;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby ex press their heartfelt appreciation to Honorable Chappelle Matthews, Honorable Julian Cox Dr. O. C. Aderhold, the officers of the City of Athens, the officers of Clarke County, the University of Georgia, and to all others who had a part in this most delightful gathering.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to each of the above.
HR 314. By Messrs. Smith of Emanuel, Cox and Matthews of Clarke and others:
A RESOLUTION
Expressing regrets at the passing of Honorable Paul Brown; and for other purposes.
WHEREAS, Honorable Paul Brown, a member of the United States Congress from the 10th Congressional District of Georgia, passed away on September 41, 1961; and
WHEREAS, he served as a member of Congress continuously from July 5, 1933, until January, 1961, not having offered for re-election in 1960; and
WHEREAS, he was one of the most beloved and respected members of the United States House of Representatives and his counsel and advice were much sought after by the members of that Body; and
WHEREAS, he rendered outstanding service to his locality, to his State and to his Nation, and his passing is a great loss to all the citizens of this State and Nation;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regrets are hereby expressed upon the passing of Honorable Paul Brown, and the sympathy of all the members of this Body is hereby extended to all the members of his Family.

MONDAY, JANUARY 8, 1962

13

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the Family of the Honorable Paul Brown.

HR 315. By Messrs. Smith of Emanuel and Lee of Clinch:
A RESOLUTION
Commending Honorable Wallace L. Jernigan; and for other purposes.
WHEREAS, Honorable Wallace L. Jernigan, a member of the House of Representatives from Clinch County, has resigned since the 1961 session for the purpose of accepting a position as Executive Aide to Governor Ernest Vandiver; and
WHEREAS, prior to his service as a member of the House of Representatives, he was a member of the State Senate from the 5th Senatorial District and served with distinction and honor in both branches of the General Assembly; and
WHEREAS, during his tenure he was particularly active in the field of legislation involving educational matters and rendered out standing service in behalf of education in this State; and
WHEREAS, he was respected and admired by the members of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES that Honorable Wallace L. Jernigan is here by commended for his outstanding record of service in the General Assembly, and sincerest congratulations and best wishes are extended to him in his present position.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to the Honorable Wallace L. Jernigan.

HR 316. By Messrs. Smith of Emanuel, Twitty of Mitchell and Rainey of Crisp:
A RESOLUTION
Commending Honorable Marvin L. Summers; and for other pur poses.
WHEREAS, Honorable Marvin L. Summers, a member of the House of Representatives from Crisp County, has resigned since the 1961 session of the General Assembly of Georgia for the purpose of accepting a position as Deputy Director for the State of Georgia, United States Savings Bond Division, United States Treasury Depart ment; and
WHEREAS, he served continuously in the House from Crisp County from 1957 until his resignation in 1961, and rendered invaluable service as such member; and
WHEREAS, he had the respect and admiration of his fellow mem bers of the House of Representatives and will be missed in the delibera tions of this Body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

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REPRESENTATIVES that Honorable Marvin L. Summers is hereby commended for his service to this Body and sincerest congratulations and best wishes are extended on his new position.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Marvin L. Summers.

HR 317. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Commending Honorable John Collins; and for other purposes.
WHEREAS, Honorable John Collins, a member of the House of Representatives from Mitchell County, has resigned since the 1961 session in order to take a position with the Commodities Stabilization Service of the United States Department of Agriculture; and
WHEREAS, he was a most valued member of the General Assembly and during his short tenure of service gained the respect of his fellow Representatives;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable John Collins on his appointment to the most im portant position which he now holds, and best wishes are extended to him for the future.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Honorable John Collins.

HR 318. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Relative to Honorable Harvey Jordan; and for other purposes.
WHEREAS, Honorable Harvey Jordan, a member of the House of Representatives from Calhoun County, has gained membership in Georgia's Ton-Per-Acre Club in 1960, which is a most worthwhile achievement; and
WHEREAS, he entered 619 acres, the largest acreage of any grower in 1960, and his average yield per acre was 2,168 pounds; and
WHEREAS, this outstanding record should be recognized and publicized as inducement to others to follow the example of this out standing grower;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Harvey Jordan, Representa tive, Calhoun County, is hereby designated as "Mr. Pinder of Georgia", and sincerest congratulations are hereby extended upon his most out standing achievement.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this resolution to the Honorable Harvey Jordan.

MONDAY, JANUARY 8, 1962

15

HR 319. By Messrs. Smith of Emanuel and Lewis of Wilkinson:
A RESOLUTION
Expressing regrets at the passing of Honorable George H. Carswell; and for other purposes.
WHEREAS, Honorable George H. Carswell, a member of the House of Representatives from Wilkinson County, has passed away since the 1961 session of the General Assembly; and
WHEREAS, he was a most valued member of the General Assembly and was beloved by his fellow members of the House; and
WHEREAS, he was a practicing attorney and Vice-President of the telephone company in his county, was very active in the civic, busi ness and religious life of his community; and
WHEREAS, his passing causes a great loss to his locality, his State, and to this Body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable George H. Carswell, and the sympathy of all the members of this Body is hereby extended to the members of his Family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Family of the Honorable George H. Carswell.

HR 320. By Messrs. Smith of Emanuel and Brantley of Candler:
A RESOLUTION
Commending Honorable William L. (Bill) Lanier; and for other purposes.
WHEREAS, Honorable William L. (Bill) Lanier, member of the House of Representatives from Candler County, has resigned since the 1961 session in order to take the position of State Administrative Officer, Agricultural Stabilization and Conservation Committee, United States Department of Agriculture; and
WHEREAS, he served continuously as the Representative from Candler County from 1951 until his resignation in 1961, rendering invaluable service to his locality and to his State; and
WHEREAS, he was Chairman of the Agriculture Committee of the House for the 1953-54 term, the 1959-60 term, and the 1961 session, and served as Vice-Chairman of the Agriculture Committee during other terms; and
WHEREAS, some of the most outstanding, worthwhile laws re lating to agriculture have been enacted through his dynamic leadership; and
WHEREAS, he was beloved by his fellow members of the House and will be sorely missed in the deliberations of the House;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable William L. (Bill) Lanier

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is hereby commended for his outstanding achievements during his ten ure as a member of the House from Candler County, and sincerest con gratulations are hereby offered upon his appointment to the most important position which he now holds, and best wishes for the future are hereby extended.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Honorable William L.( Bill) Lanier.

HR 321. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Calling a joint session of the House and Senate for the purpose of electing a member of the State Highway Board; and for other pur poses.
WHEREAS, the General Assembly, at the 1959 session, elected Honorable James L. Gillis, Sr., as a member of the State Highway Board of Georgia, from the Southern State Highway District, to serve the unexpired term of Honorable Roy F. Chalker, ending on February 8, 1962, and
WHEREAS, pursuant to the provisions of the law creating the State Highway Board, it will be necessary that a person be elected for a full six year term expiring February 8, 1968, to succeed Mr. Gillis, and such election must be held within the first ten days of this session, and
WHEREAS, the President of the Senate and the Speaker of the House of Representatives, on January 8, 1962, mailed notices to the members of the General Assembly, calling a caucus to be held in the State Capitol in the Hall of the House of Representatives, on January 15, 1962, at 12:00 Noon, for the purpose of holding such election.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the Senate and House of Representatives be held in the Hall of the House of Repre sentatives at 12:00 Noon, on January 15, 1962, for the purpose of electing a member of the State Highway Board from the Southern State High way District, to serve a full six year term, ending February 8, 1968.
BE IT FURTHER RESOLVED that a copy of this resolution be read to the members of the House and the Senate and a copy thereof be placed on each member's desk at the earliest possible time.

HR 322. By Messrs. Cox of Clarke, Sangster of Dooly, and many others:
A RESOLUTION
Relating to the Chapel of All Faiths at Milledgeville State Hos pital; and for other purposes.
WHEREAS, Milledgeville State Hospital, founded in 1843, is one of the oldest mental institutions in the United States and is the second largest such institution in the nation, having over 12,000 patients; and
WHEREAS, this Hospital constitutes the largest community in

MONDAY, JANUARY 8, 1962

17

the State of Georgia, embracing members of the Protestant, Catholic and Jewish faiths, without a house of worship; and
WHEREAS, because the patients at Milledgeville have had no place of worship, religious services have been conducted by local pastors, who have given willingly of their time and energies to conduct Sunday worship services for the patients in an auditorium; and
WHEREAS, families of patients would derive a decided benefit from attending services in a special place of worship, and are frequently in need of religious counseling and solace; and
WHEREAS, Dr. Irville H. MacKinnon, Superintendent of said Hos pital, has declared that the establishment of a religious program at Milledgeville would be a tremendous step forward in securing spiritual counseling and adequate religious ministry for the patients; and
WHEREAS, there is also a need for an appropriate facility at Mil ledgeville where ministers may be trained in ministering to the needs of patients and their families; and
WHEREAS, Mrs. Betty R. Vandiver, the gracious and lovely young First Lady of Georgia, deeply moved by the plight of the patients and staff at Milledgeville and aware of the great progress being made through religious therapy at other mental institutions throughout the country, has assumed the magnificent, humane, and dedicated task of serving as chairman of a statewide campaign to raise funds to build a Chapel of All Faiths at Milledgeville; and
WHEREAS, assisting Mrs. Vandiver as vice-chairmen of the Cam paign Committee are a group of outstanding clergymen and laymen from the Protestant, Jewish and Catholic faiths: Bishop Arthur J. Moore, Dr. J. R. McClain, Ben Massell and Erwin G. Baumer, all of Atlanta; Robert O. Arnold, Covington; J. M. Cheatham, Griffin; Robert McCormack, Sr., Albany; and Frank Bone, Milledgeville; and
WHEREAS, Mrs. Vandiver and her committee are backed by a strong Steering Committee headed by Mr. John A. Sibley, and including J. Arch Avary, Jr., John W. Dent, Bishop Arthur J. Moore, John L. Moore, Jr., Dr. Louie D. Newton, Eugene Patterson, Richard H. Rich, J. D. Robinson, Jr., Hughes Spalding, W. D. Trippe and Lee Price, all of Atlanta; William A. Fickling, Macon; Frank Bone, Milledgeville; and Henry G. Neal, of Thomson; and
WHEREAS, this campaign deserves the unqualified support of state, county and municipal officials, including members of the 1962 General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body, in order to show our full support for this most worthwhile project and to express our esteem for the admirable work of our honored First Lady, do hereby pledge to contribute our first day's legislative pay and allow ances to the campaign fund for a Chapel of All Faiths at Milledgeville State Hospital.
BE IT FURTHER RESOLVED that copies of this resolution be furnished to the press, and that an official copy be presented to Mrs. Betty R. Vandiver at a time and place to be arranged by the Speaker of the House of Representatives and the President of the Senate.

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On the adoption of the Resolution, the ayes were 97, nays 17.

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

The following Resolutions of the House were read and adopted:

HR 323. By Messrs. Smith of Emanuel, Twitty of Micthell, and many others:
A RESOLUTION
Commending Honorable George B. Hamilton; and for other purposes.
WHEREAS, Honorable George B. Hamilton has resigned as State Treasurer in order to accept the position of State Treasurer Emeritus; and
WHEREAS, he served continuously as Treasurer of the State of Georgia from April 17, 1933, to November 15, 1961, longer than any Treasurer of any other state in the Union; and
WHEREAS, he served as both Secretary and President of the National Association of State Auditors, Comptrollers and Treasurers, and is President Emeritus of said Association; and
WHEREAS, he is a Presbyterian, a Democrat, a Mason, an Elk, a W.O.W.; and a member of numerous civic, business, fraternal and pro fessional societies and associations; and
WHEREAS, he served his State with honor and distinction, and gained the reputation of handling the affairs of the citizens with un impeachable honesty and according to the Law of Georgia; and
WHEREAS, he is a man of the highest character and intelligence and has publicly stated that he will always be available to serve his State and its citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable George B. Hamilton is here by commended for his outstanding record of service and achievement, and sincerest congratulations are hereby offered to him for his ap pointment as State Treasurer Emeritus and best wishes are extended for a long and happy future.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Honorable George B. Hamilton.

HR 324. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A RESOLUTION
Commending Honorable Jack B. Ray; and for other purposes.
WHEREAS, Honorable Jack B. Ray, a member of the House of Representatives from Warren County, has resigned since the 1961 session in order to accept an appointment as State Treasurer, State of Georgia; and

MONDAY, JANUARY 8, 1962

19

WHEREAS, he served as Representative from Warren County continuously since 1943 until his resignation in 1961; and
WHEREAS, he served as Chairman of various committees and rendered outstanding service, particularly in the fields of finance and fiscal affairs; and
WHEREAS, he was one of the most highly respected and most beloved members of the General Assembly and his counsel, advice and keen sense of humor will be greatly missed during coming sessions; and
WHEREAS, although his resignation is a great loss to the Legisla tive Branch of the Government, the State of Georgia is fortunate in having a man of his ability and character as State Treasurer, and Government Vandiver is to be commended for appointing him to this high position;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that Honorable Jack B. Ray is hereby com mended for his outstanding service to the General Assembly, and sincerest congratulations are hereby offered upon his appointment as State Treasurer and best wishes for his future are hereby extended.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Honorable Jack B. Ray.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:

HB 707. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide a lien for the expense thereof, and for other purposes.
Referred to the Committee on Judiciary.

HB 708. By Messrs. Chandler and Kidd of Baldwin, Deen of Bacon, Todd of Glascock and Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act providing for a Joint Committee on the Operations of the General Assembly, so as to elimi nate therefrom the compensation of the advisor to the Legislative Counsel; and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Resolution and Bills of the House were read the second time:

HR 288-704. By Mr. Fowler of Douglas:
A Resolution proposing an amendment to the Constitution so as to provide that the compensation of elected officials shall not be changed during their terms of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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HB 705. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act relating to the composition of the Budget Bureau, so as to provide that the State Treasurer and his successors in office shall be a member of the Budget Bureau, and for other purposes.

HB 706. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to prohibit the manufacture or pos session of certain traps which do not conform with the specifications of the State Game and Fish Commission, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolution of the House to-wit:

HR 309. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution to notify the Governor that the General Assembly has convened; providing for a committee from the House and Senate; and for other purposes.

The president has appointed as a Committee of Escort the following:

Senators Persons of the 22nd, Blalock of the 36th, Mathews of the 48th and Perry of the 49th.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolutions of the Senate to wit:

SR 89. By Senator Knox of the 54th:
A resolution to notify the House that the Senate has convened; and for other purposes.

The following Interim Committee reports were received:

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21

REPORT OF JOINT COMMITTEE ON EDUCATION FISCAL STUDY OF THE GEORGIA PUBLIC SCHOOL SYSTEM
By the Committee on Education of the House and the University
System Committee of the House General Assembly, State of Georgia December, 1961
December 23, 1961
The Honorable Garland T. Byrd Lieutenant Governor and President, The State Senate The Honorable George L. Smith II Speaker, House of Representatives Members of the Georgia State Senate Members of the Georgia State House of Representatives
Pursuant to HR 136 and HR 157, Subcommittees of the House Education Committee and the House University System Committee herewith submit an outline of the various sub-committee studies and their report and recommendations on the study of the fiscal affairs of the Georgia public school system.
The Chairman of the Senate Educational Matters Committee and the members of the Senate Sub-Committee on Fiscal Affairs who par ticipated in this study have disagreed with the contents of this report. This report and the recommendations it contains are made by the SubCommittees on Fiscal Affairs of the House Education Committee and the House University System Committee.
J. Battle Hall, Chairman House Education Committee
Chappelle Matthews, Chairman House University System Committee
H. R. No. 136 (AM.)
By: Messrs. Parker of Screven; Keyton of Thomas; and Pannell of Murray
A RESOLUTION
WHEREAS, the Educational Study Committees of 1960 accomp lished outstanding results in the educational field giving to the Legis lature much vital and needed information to improve operation of the educational system; and
WHEREAS, the state expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Legislature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Education Committee of the House be authorized to make such further studies and analyses of educational

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problems as is deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such sub-commit tees as he deems necessary. Said Committee is authorized to employ such professional and clerical assistance as it requires and shall set their compensation and incur necessary expense for supplies etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educational matters. The members of said Committee shall receive per diem and expenses as provided by Law for interim committees. The Committee shall have 10 days per member for necessary meetings.

HR 157. By Messrs. Brooks of Oglethorpe; Matthews of Clarke; Kelly of Jasper; and others:
A RESOLUTION
WHEREAS, the Educational Study Committees of 1960 accom plished outstanding results in the educational field giving to the Legis lature much vital and needed information to improve operation of the educational system; and
WHEREAS, the state expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made to coordinate proper solutions and to provide needed information to the members of the Legislature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the University System of Georgia Com mittee of the House be authorized to make such further studies and analyses of educational problems as is deemed necessary. The Chair man of said Committee shall have authority to assign individual mem bers to such sub-committees as he deems necessary. Said Committee is authorized to employ such professional and clerical assistance as it requires and shall set their compensation and incur necessary expense for supplies, etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educational matters. The members of said Committee shall receive per diem and expenses as provided by Law for interim com mittees. The Committee shall have twenty (20) days per member for necessary meetings.

STATEMENTS BY THE CO-CHAIRMEN
The 1960 Joint Committee on Teacher Education recommended that the Joint Committees study the fiscal affairs of the Public School system. One question asked by the 1960 Report was: Why can North Carolina and Florida pay considerably higher teachers salaries than can Georgia when the state appropriation for schools on per pupil basis is as high in Georgia as in either of these states?
Education is the most important single function of both our State and local governments--most important in terms of money spent and most important in terms of its meaning and service to the people. The Legislative branch of our government has a most important function in the educational enterprise: Pass laws to effectuate the educational

MONDAY, JANUARY 8, 1962

23

function; levy taxes to provide needed revenue; appropriate the funds necessary for the operation of our schools. A very high percent of the cost of the public school system is on the shoulders of the State, and it is, therefore, incumbent upon the legislative branch to have first hand information available so that the necessary functions can be well achieved.
The purpose of this study has been twofold: to present the facts about the expenditures of our public school funds; and to acquaint the members of the Legislature with these facts and also the needs of our public schools.
The major emphasis in this study has been to analyze the over-all fiscal operation of our school program. Within the time available it was impossible to analyze the expenditures of the school funds on the local level or to determine whether or not a given program is important in relation to the over-all school program.
It is my opinion that the state school leadership has allowed our school program to get out of balance. We will continue to have a poor school system in all those schools where we do not have an adequate supply of well trained and dedicated teachers. The State Department of Education through the authority of the State Board of Education has had sufficient authority to control this situation. Even though new laws may be needed in some areas, the State Board already has sufficient authority to begin correcting this situation. The percent of the budget in instructional salaries is entirely too low. The percent allocated to instructional salaries in the State of Florida should be achieved in Georgia in the near future. The need is for a better teacher allotment and for much better salaries. Until this is achieved, increases in other expenditures should be secondary.
In effect the teachers in Georgia for several years have been sub sidizing the school building program, the instructional materials pro gram, the transportation program, the over-staffed State Department of Education, and several other functions that have far less relative importance than a good teacher in a good classroom. However, the trend has been and seems to still be in the direction of developing ex pensive statewide programs that have the sure effect of draining needed funds from the important function named above.
J. Battle Hall, Chairman House Education Committee and Chair
man, Joint Committee on Education

The 1960 Joint Committee on Teacher Education made a STRONG recommendation that the Joint Committees make a careful study of the fiscal affairs of the public school system of Georgia, and also compare the fiscal affairs of the State School System of Georgia with that of comparable neighboring states, paying particular attention as to the expenditure per pupil and calibre of graduates.
Education today is the most important function of our local, state and national governments. I say this because of the so-called "Cold War." Our task is to surpass, not equal them. Therefore, the demand by the people back home on their Representatives in the General As sembly, is to give us the very best education possible for our children,

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from the first grade completely through the Doctor of Philosophy de gree offered by the colleges. Therefore, it is our responsibility as Committee members to review very closely all functions of the De partment of Education (having made a very comprehensive study in 1960 of the University System).
Therefore, following HR 157, the purpose of this Committee is as follows:
a. Present the facts concerning the expenditure of our public school funds.
b. To give to the Legislature the facts and the needs of our public schools.
This study made by the Committee this year, in addition to the study made of the University System in 1960, which has been made available to all members of the General Assembly and the public, shows that there is an apparent emergency existing in our education system that must be corrected immediately, if we are to have adequate educa tion for children. There must be cooperation starting with the first grade all the way through college to the highest level. It is my opinion that we must have better, in fact absolute, cooperation between the following: Department of Education, State Board of Education, the Board of Regents of the University System, the Local Level Adminis trators, the Members of the General Assembly, and other responsible people.
To explain this further, I will use an example:
The Georgia School of Technology, which is recognized as one of the leading institutions of this type in America, can take more Georgia boys and girls, and wants to do this. Tech's preference is to educate the young people of Georgia, but due to the lack of adequate training in the high schools and grade schools, students from these schools, even with exceptionally high I.Q.'s can not pass the difficult examinations that are re quired to become an engineer, architect, scientist, etc.
I do not think the average person has any idea of the remedial courses that Georgia Tech and all other institutions of higher learning have to have, and this is a tremendous cost to higher education. The effect on the morale of the students who come from an inferior high school and have to take these remedial courses in college is detrimental.
Therefore, in summing up this report, I realize that one of the major problems in the education system is the inadequate salaries paid instructors. In discussing this matter with business and lay people throughout Georgia, I have come to the conclusion that the people will bear any reasonable expense to give each and every child an adequate education whether it be vocational, elementary, high school, college or graduate work; provided, the public is satisfied that each school dollar is spent wisely. In the expenditure of tax funds, insure that plans are made to spend the tax dollar first on the child's education. Furthermore, good educational planning should advance in direct pro portion to the expenditure of State funds. It is incumbent on the State Department of Education to streamline its Department for more efficient cooperation with the Local Boards of Education and every college unit within the State, both public and private. While we realize

MONDAY, JANUARY 8, 1962

25

all of the school children will not want to go to college, or possibly are not college material, there must be adequate communication be tween the institutions of higher learning, the Local Board and the State Board.
Careful consideration should be given to any new programs for the possible elimination of unnecessary extra-curricular activities re quired by the teaching personnel throughout the State System. In plain words, let the teacher be a class room teacher first.
There is an obligation on the General Assembly to see that these are carried out and that the General Assembly assume its full re sponsibility toward development of a first-class school system and that the money is being spent efficiently from the top to the bottom.
Chappelle Matthews, Chairman House University System Committee

COMMITTEE PROCEDURE
Pursuant to authority and direction of SR 68, HR 136, and HR 157 of the 1961 session of the General Assembly, members of the Senate Committee on Educational Matters, of the House Committee on Educa tion, and of the House University System Committee, have conducted a study of the fiscal affairs of the Georgia public school system.
This study, which was recommended by the 1960 Joint Committees, followed the same general pattern as the study of teacher education conducted by the 1960 Joint Committees.
The three sub-committees of the Education Committees of the Gen eral Assembly met on April 12 to organize and plan the study. It was decided that Representative J. Battle Hall, Chairman of the House Education Committee, would serve as Chairman of the Joint Committee with Representative Chappelle Matthews, Chairman of the House Uni versity System Committee, and Senator William A. Ingram, FortySecond District, serving as Co-Chairmen. Representative James W. Bozeman, Jr. of Thomas County was selected to serve as secretary of the studies made by the Joint Committees. Staff assistants and office personnel were authorized and obtained to assist in gathering and compiling material and information.
A series of hearings was planned and various people involved in the fiscal affairs of the school system were invited to attend. Over a period of eight months, several formal hearings were held and members of the sub-committees made field inspection trips, both within the state and to other states, to obtain information. Meetings of the full sub-committees, and of the Chairmen, were held regularly to review, coordinate, and plan additional effort. Staff work was supervised by the chairmen of the sub-committees.
The Committees received outstanding cooperation and assistance from all of those called upon, and also were benefited by many volun tary offers of assistance. The Committees wish formally to express appreciation to all who have participated and assisted in this study. Special appreciation is hereby expressed to:
Lieutenant Governor Garland T. Byrd. House Speaker George L. Smith II

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Members of the State Board of Education. Officials and Members of the State Department of Education Executive Secretary Wallace L. Jernigan Miss Janette Hirsch and Miss Amelia Smith of the Clerk's Office,
House of Representatives Members of the staff of the Speaker of the House The President and Faculty Members of the University of Georgia Office of Legislative Counsel The Georgia Education Association The Georgia School Boards Association North Carolina State Department of Education Florida State Department of Education The Representatives of all News Media To the many school system superintendents, principals, and teachers who responded so willingly with information, aid, and assistance Other individuals who gave assistance to the Committees.
In addition to this sub-committee report on the fiscal affairs of the public school system, several sub-committees were appointed to study other phases of our educational systems. The following sub committees were appointed and are submitting brief individual reports:
Agricultural Research Compulsory Attendance Finance Junior Colleges School for the Deaf Teacher Education and Certification Teacher Retirement Television Education Vocational Education
A Senate sub-committee operating under SR 68 made a report to the Joint Committee. For information it is made a part of the Appendix. The Joint Committee took no action on this report, the reports from the Minimum Foundation Program Committee also included in the Appendix, or the various reports from the sub-committees of the Joint Committee.
The fiscal report, the reports of these sub-committees and all records used to substantiate these reports are in the Education Com mittee files. Information substantiating the fiscal study includes a complete transcript of all meetings, summaries of the transcript of each meeting, information gathered from the Georgia State Department of Education, the Florida State Department of Education, and the North Carolina State Department of Education, and reports of all legislative school study committees since 1953.
In conducting this fiscal study the Joint Committee held several meeting's with representatives of the State Board of Education and the State Department of Education to analyze the laws, formulae, and pro cedures used by the State Department of Education and the State Board of Education to distribute the school funds. During these meetings each of the items as listed in the 1961-62 State Department of Education school budget was thoroughly reviewed and discussed. The different items are as follows:
Grants to systems

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27

Current operating expense and sick leave Pupil transportation Capital outlay Equalization Fund Instructional Materials Vocational Education Allotments for testing, guidance and counseling (including NDEA Title V) Temperance Education State Schools for Deaf and Blind Vocational Rehabilitation State Department of Education
In order to analyze these expenditures the Committee felt that comparative data between Georgia's fiscal expenditures and other state school systems should be developed. Trips were made to the Department of Education of the State of North Carolina and to the Department of Education of the State of Florida in order to develop this data. (Note: Comparative Data Chart on Page 16.)
The State of North Carolina is comparable to Georgia in terms of population, number of school systems, per capita income, and in many other ways. It should be pointed out, however, that in North Carolina the school system is considerably more centralized than is the school system in Georgia. Their operation is not known as a Minimum Foundation Program.
The educational system in Florida is similar to Georgia's to the extent that they also have a Minimum Foundation Program and school funds are budgeted and distributed to the local school systems in the same general way as they are in Georgia. However, it should be pointed out that Florida only has 67 school systems, that the per capita income is higher, and that the revenue sources in Florida are considerably different from the revenue sources in Georgia.
From these comparative studies the Committee was impressed with the fact that in terms of total dollars spent for education, Georgia compares most favorably with both North Carolina and Florida. This applies to local money as well as state money. Also testimony before the Committee revealed that Georgia ranks high among the states in comparative educational expenditures and greatly exceeds the national average in the percentage of its income spent on education. The Com mittee wishes to emphasize that this was a comparative data study and no attempt was made to determine the relative merits of the three programs or of individual parts of the three programs.
Two series of meetings were held to analyze who is legally re sponsible for determining the several fiscal operations as practiced by our State Department of Education. The record developed shows in each major category of the budget who is responsible for determining the amount of money to be expended.
The legal authority for all expenditures is clearly shown in the record as developed by the Committee and legal advisor, Mr. Sidney Shepherd of the office of Legislative Counsel.
For the last several months a committee from the State Depart ment of Education, namely the Minimum Foundation Program Com mittee, has been studying possible changes in the distribution formula

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of the Minimum Foundation Program as it applies to funds distributed to the local school systems. The Joint Committee felt that it should have information and recommendations developed by this Committee for two purposes: 1) to shed additional light on the fiscal study; 2) to acquaint the members of the Committee with the recommendations so that they would be in a better position to act upon such legislation as is sponsored by the Minimum Foundation Program Committee. Two series of meetings were held to hear such recommendations as were ready and to receive progress reports from the sub-committees that were not ready to make a final report. These recommendations and progress reports are found beginning on page 33.
In the original development of the Minimum Foundation Program in Georgia, Dr. R. L. Johns of the University of Florida was a key factor. It was felt by the Committee that Dr. Johns could give valuable information on the operations of our Minimum Foundation Program, both as to the effectiveness of its present operation and advise the committee of changes that need to be made in the program to make it more effective. Dr. Johns met with the Committee for two days. His discussion was in the following areas:
1. An overview of the Minimum Foundation Program, how it was developed, and how it was supposed to operate.
2. An analysis of the several reports from the Minimum Founda tion Program Committee.
3. Relationship and responsibility of the Legislature, State Board of Education, and State Department of Education relating to fiscal affairs.
Dr. Johns is recognized as the outstanding authority on public school finance in the country, and the Committee members felt that he made a real contribution to their study of the fiscal affairs of the State School System.
Over a period of time the State Department of Education has grown from a very small operation to a rather large one. The growth has been more pronounced in recent years as the State has taken over more and more of the financing of public schools, and as the Department has expanded its services to the public schools and to the people of Georgia in various statewide programs. It appears that as various services have come into being that new sections have been created within the Department to take care of these new services. To illustrate, when the General Assembly passed the Seven Months School Law in 1937 making free textbooks available, a textbook and library division was created. Later the school lunch, surplus commodities, and other services were created as the program was expanded. According to the 1961-62 Educational Directory, the Department of Education is composed of seven separate divisions. There are two additional divisions headed by the two assistant state superintendents, namely internal operations and fiscal affairs.
Subject to constitutional provisions, statutes of the General As sembly, and the rules and regulations of the State Board of Education, the State Department of Education administers the $214,000,000 school budget. It is our belief that the services performed by the different divisions of the Department are needed. However, there appears to be a lack of uniformity and coordination between the several services. Also

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29

there is evidence of certain gaps or lags of services and overlappings of efforts in the Department. On request for information, the Depart ment apparently is not able to provide the information needed without a great deal of effort. Even then the same information coming at different times or from different divisions on the same subject does not always agree.
The divisions have staff members located in the central office in Atlanta and many divisions also have members located outside Atlanta in the field. Evidence shows that there is a lack of coordination between members of the staff. Field staff members are located in several field offices spread over the State.
The Department shows very little evidence that they have a system of organized research. The importance of the educational enterprise in the public schools and the amount of money being spent on them necessitates the establishment of better research by the Department of Education. Intelligent planning can only be made in the face of known facts and trends. Research is important to all phases of educa tion but especially so in studies of teacher supply and demand, school enrollment and birth rates, studies on curriculum offerings and pupil achievement, transportation, and school plant construction.
The Department of Education can be commended for many good services that they are rendering to the public schools of the State, but the purpose here is to try to make constructive criticism and recom mendations for improvement.

BASES FOR RECOMMENDATIONS
The Committee makes its recommendations on the basis of a thor ough study of the method of financing Georgia's educational program through the State Board and Department of Education, making its judgments using the following criteria:
1. The State of Georgia is obligated to provide an opportunity for every child to have access to a quality education program re gardless of where the child lives.
2. The money should be secured where the wealth is to pro vide the educational program where the children are. All should share in the cost according to their ability to pay taxes.
3. The Georgia minimum education program is a partnership between the state and the local systems. The state pays the major cost and each local system pays a smaller amount according to its ability. This is necessary to maintain the interest and to develop the initiative of the local systems. The state sets up a framework, by setting minimum standards, within which the local system may operate to maintain the best program. It may then go as far as it can or may wish to go towards a more adequate program, using additional local resources and finances. The state sees that the local systems operate within the framework adopted by the State Board of Education for which funds have been authorized by the Legislature. The state also furnishes the leadership and profes sional services to the local systems to assist them in getting a quality program and to advance towards an adequate program.
4. The State Department of Education, the State Board of

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Education, and the Legislature have separate and distinct respon sibilities in providing and executing the educational program:
a. The State Department of Education, through the State Superintendent of Schools and his staff, is responsible for furnishing the leadership and professional technical skills for planning, administering, supervising, and evaluating the pro gram. It should do the research necessary to find ways to improve the quality and scope of the program. It is the "pro fessional arm" of the State Board of Education. The State Superintendent of Schools is responsible to the people of the State for professional leadership, administrative ability, and supervisory skill to see that the children get quality education through whatever programs are authorized by their representa tives, the Legislature.
b. The "business arm" of the State Board of Education should be the central accounting branch headed by a budget officer or controller. In making up budgets for State Board approval, the controller should work with the State Department of Education to accurately budget the cost of various phases of the recurring programs and the projected cost of research and experimental programs. After the Board approves a bud geted program, then this officer should give accurate informa tion to the Legislature on the cost of each program and various phases of any proposed program. The State Department of Education through the State Superintendent of Schools gives the Legislature professional information about the value of such a program, then
c. The Legislature makes the decisions as to the relative amounts of money to be spent for each program and the various phases or parts. It decides how much and what programs it will "buy" or finance.
d. The State Board determines policies. The State Depart ment furnishes it with its professional advice. The controller and his central accounting should furnish the financial knowhow or business advice to the State Board and then see that its financial plan or budget, approved by the Budget Commission and authorized by the Legislature, is carried out.
5. Quality education cannot be secured without a competent and dedicated teacher in the classroom working with the children. The teacher must be skilled in the use of teaching tools. Expensive teaching tools in the hands of an unskilled teacher is a waste of money. This should be a guide in determining the worth of pro grams and the relative amount of money spent on various programs at any given time.

RECOMMENDATIONS
1. The General Assembly by appropriate action create the position of Budget Officer or Controller who shall supervise the fiscal affairs of the State School System. The legislation should outline and define responsibilities clearly so that no conflict or split of authority will exist between the Controller, the State Board of Education, or the State

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Department of Education which is responsible to the Superintendent of Schools.
2. Bookkeeping and budgeting forms should be standardized show ing last year's expenditures, this year's expenditures, and projected ex penditures for two additional years.
3. Each biennium the proposed public school budget should be pre pared and presented to the members of the General Assembly not later than December 1 preceding the session.
4. No new educational programs should be started without legisla tive authority and direct legislative appropriation. The Appropria tion Bill should contain sufficient money to enable the Department and the State Board to conduct research and study of proposed and specified new programs.
5. The Department should not be able to transfer funds from one item of the budget to another. If money is left over in one division, it should be returned to the State Treasury. The Department should justify quarterly to the Budget Commission the amount needed for each service.
In making these recommendations the Committee is not interested in going into administrative details. We are requesting only that the budget be in enough detail to show what the money will be used for and that once the budget is adopted, that it be followed.
6. Prom all who discussed transportation the Committee learned that the present system is expensive and inefficient; therefore, we recommend that additional study should be given to this matter and a transportation law should be enacted that will enable the local school systems to provide a safe and efficient school transportation system. (Recommendations made by the Minimum Foundation Program Commit tee on this subject have many commendable features.)
Inasmuch as the Minimum Foundation Program Committee will furnish us with certain formulae and specific recommendations after this report is written, we will have to defer any specific recommendations until later when this information is available.
7. The Minimum Foundation Program Committee has made recom mendations regarding a new method of calculating the required local effort and a new method of arriving at an economic index. (Note page 33.) Inasmuch as the Committee has not been furnished with informa tion sufficient to determine the effect of these proposals upon each school system, the Committee feels that it does not have sufficient information to make recommendations for or against these Minimum Foundation Program Committee recommendations.
Inasmuch as it will take considerable amount of time for accurate information to be given on this matter, the Joint Committee recommends as follows:
Beginning with the school year 1962-63, a one year delay be used in figuring the required local effort and also the economic index. This will enable the local school systems to know one year in advance what their required local effort will be.
8. The maximum amount of required local effort should be specified by statute whether that be as now a 7 mills levy on the tax digest or

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as recommended by the Minimum Foundation Program Committee on a percentage basis. But the amount of required local effort for each biennium should be controlled by the Appropriations Bill.
9. The State Department of Education should furnish the local school systems their school budget not later than May 1, prior to the beginning of the next fiscal year. This will enable the local school systems to know what funds will be available for budgeting for the next school year. Once the local systems have adopted their budgets they should operate by them. In the setting up of the budgets and in their operation, sufficient safeguards should be provided to assure that the systems operate within the income available.
10. It is apparent to the Joint Committee from this fiscal study as was apparent to the General Assembly during the last session that the greatest need for additional state money is for additional teachers and for increased teachers salaries. We refer to the recommendations on teacher salaries as given in the 1960 Joint Committee Report on Teacher Education which have not been implemented, as follows:

"TEACHER SALARIES
Teacher salaries should be brought at least up to the national average in the earliest possible time. The State and local communities can do this by working together. Even though there are many other contributing factors, everyone agrees that the shortage of teachers cannot be alleviated, and that there will not be an adequate supply of well trained teachers, until salaries are adequate.
It is noted that the state's per capita income is below the national average, but that the state's contribution to public schools on a per centage basis is the highest in the nation. It also is noted that the state of Georgia provides more money per student enrolled than do most of our neighboring states, yet our salary schedule is lower.
We recommend that the State Board of Education and the State Department of Education start correcting this situation.

SALARY SCHEDULE
At the present time teachers can earn salary increments in only two ways--(1) Experience up to nine years. (2) Advanced graduate study.
Increments for experience should be extended to at least 15 years and salary increments for other professional improvements in addition to advanced graduate study should be added to the schedule.

INSERVICE PROFESSIONAL GROWTH
As part of a program of higher salaries there should be a salary schedule which will give teachers additional recognition, in terms of salary increments, for measured progress.
A planned program of in-service professional growth actually is a part of higher teachers salaries. However, this program is of such importance that the Committees wish to make a special recommendation.

MONDAY, JANUARY 8, 1962

33

Our suggestions for a program of in-service professional growth are not intended to be all inclusive.

However, we do wish to recommend that the State Department of Education consider such factors as the following, as it considers inservice professional growth, as it seeks to provide better teachers, and as it consider teacher pay:

Undergraduate study in the teaching area; Participation in activities which will broaden and strengthen the teacher's knowledge; Continued graduate study; Travel; Additional duties and responsibilities as a teacher; Related employment outside the school; Contribution to education, such as research, professional papers, books, articles; Professional leadership.

Local school officials should recommend programs which will meet the needs of teachers in their areas, and, after these recommendations, the program of in-service professional growth can be approved by the State Department of Education."

The Joint Committee re-emphasizes the importance of these recom mendations. Also see recommendations of Minimum Foundation Pro gram Committee on page 37, (Original Report).

11. Because our people are not only asking for more education but are asking for better education and of a greater variety than ever
before, we must plan our educational expenditures in the future on a sound and efficient basis. We, therefore, recommend that the needed educational programs be outlined and a ten-year projection of expenses be made. This projection should include all educational expenditures including those on the university level and all related educational pro grams.

APPENDIX

JOINT EDUCATION COMMITTEE COMPARATIVE DATA

Name of State School System GEORGIA

FLORIDA N. CAROLINA

1. Average Daily Attendance (1960-61)

847,516

922,435

1,024,866

2. Total State Budget (1961-62) $214,332,146.00 $237,524,739.00 $229,133,439.00

3. Cost for Each Child (A.D.A.) $

253.00 $

258.00 $

224.00

4. Cost for Each Child Ex cluding Building funds $

229.00 $

239.00 $

224.00

5. Teachers Salary:

a. Masters Degree with 12

years experience

$

b. Bachelor Degree with 12

years experience

$

4,500.00 $ 5,220-6,800 $ 4,100.00 $ 5,000-5,600 $

5,606.50 5,050.00

6. Total Instruction Cost

$137,523,460.00 $174,722,264.00 $189,475,237.00

34

JOURNAL OF THE HOUSE,

7. Percent of Total State Budget

64.2%

73.2%

82.7%

8. Pupil-Teacher Ratio Basic Units

26.3%

26.7%

28. %

9. Number Administrative Em ployees State Dept. of Education

1960-399 1961-445

1961-1962 237

1960-61 281

10. Cost Operating Education

Department (61-62)

$ 2,709,943.00 5> 1,386,574.00 |i 1,613,327.00

11. Cost of Education Depart

ment per A.D.A.

$

3.20 $:

1.50 $i

1.57

12. Cost of Transportation (Budget 61-62)

$ 14,481,994.00 $ 6,063,750.00 $ 10,217,816.00

13. Number Transported (1959-60)

436,079 .

282,412

532,113

14. Textbooks and Instructional

Materials

$ 5,696,200.00

3,000,000.00

4,174,736.00

15. Vocational Education

$ 4,851,475.00 9,088,810.00 7,577,266.00

16. Maintenance and Operation $ 16,950,000.00 13,990,925.00 9,708,329.00

17. Vocational Rehabilitation $ 3,811,153.00 1,100,000.00

806,496.00

18. Capital Outlay

$ 20,000,000.00 17,742,800.00

NONE

19. Equalization

$ 5,980,000.00

NONE

NONE

In North Carolina the salary schedules for all instructional per sonnel is much higher than is Georgia's. See North Carolina's salary schedule. Page 18, (Original Report).
In Florida each system has its own salary schedule and the local boards of education have great flexibility in determining the number of teachers to be employed and in setting their salary schedules.
It is very difficult to draw exact comparisons between 3 states. Each offer services not offered by the others. For example: North Carolina has an item for clerical assistants in schools--Florida has a driver training program and Georgia has its rural library program. Except for the building program these extra services will about counter balance and the comparisons show the general trend in school finance. Both North Carolina and Florida put much more relative emphasis on the salary of the instructional personnel.
It is noted that in Florida several thousand teachers are allotted in addition to the basic units and that in North Carolina all vocational teachers are allotted in addition to basic units thereby giving Florida a much better pupil teacher ratio from grades 1-12 and North Carolina a better high school pupil teacher ratio.

MONDAY, JANUARY 8, 1962

35

GEORGIA STATE SCHOOL BUDGET 1961-1962

1. Grants to systems--------------------------------------------. --$137,523,460.00 2. Current operating expense and sick leave----------------------$ 16,950,000.00 3. Pupil Transportation --..,,..--_......--.....----.,,._------....--...._----.,,....$ 14,481,994.00 4. Capital Outlay -------,,--------------------------$ 20,000,000.00 5. Equalization Fund -- ---------------- -- ----------------$ 5,980,132.00 6. Instructional Materials ----,,-------.----------------------$ 5,696,200.00 7. Vocational Education ---_----------------.-----_--.--$ 4,851,475.00 8. Allotments for testing, guidance and
counseling (including NDEA Title V)----.------------------------$ 729,401.00 9. Temperance Education ---------_----------------------$ 25,000.00 10. State Schools for Deaf and Blind ---------------------------------$ 1,026,500.00 11. Vocational Rehabilitation ---------...--.----------------------$ 3,811,153.00 12. State Department of Education
a. Operation of Divisions and Services------------------------.? 2,057,977.85 b. Administration of Title III, NDEA--------,_---------------------- $ 200,000.00 c. Administration of Title III, NDEA---------- --------...._.--$ 120,000.00 d. Administration of Title X, NDEA-------------- --------------$ 100,000.00 e. Administration of School Lunch Program ----------------------$ 131,966.45 f. Administration of Commodity Program------------------$ 75,000.00 g. State Board of Education---------------------- ----------$ 25,000.00 h. Scholarship program for prospective teachers--------------$ 300,000.00 i. Educational Television
(Athens & Atlanta ------------------------ 196,979.00 (Waycross ---------------------------------- 49,906.90 $ 246,886.70

TOTAL

--------------------------------$214,332.146.00

NORTH CAROLINA STATE SCHOOL BUDGET
1961-1962
Nine Months School Fund----------------------__------------------$211,820,998.00 State Board of Education-------------------------------------------$ 376,370.00 Vocational Education ------------------------__..__-______,,__. $ 7,577,266.00 Vocational Rehabilitation --------------------------__----------$ 806,496.00 Purchase of Free Textbooks'--------------------------_----------------$ 3,182,184.00 Purchase of Buses -----------------------------------__--------__,,,,...$ 2,579,428.00 Trainable Mentally Handicapped -----------.-------------$ 303,040.00 Loan Fund-Teacher Education------------------..----------------------------$ 487,500.00 Adm. School Plant Construction.----------------------_----------$ 106,799.00 National Defense Education------------------------------------------- $ 137,633.00 Education by Television _ ..-------------------------------- $ 85,050.00 Curriculum Study and Research------------------------------_--------$ 112,500.00 Pref. Improvement of Teachers------------------------.---_....----.. .$ 150,000.00 Ind. Educ. Centers-Equipment -------------------------------- $ 763,200.00
TOTAL, State Board of Education------------------------------$228,488,464.00 Public Insruction ---------,,_------_--,,---------------------$ 644,975.00
GRAND TOTAL ---------------------_----------------.$229,133,439.00

36

JOURNAL OF THE HOUSE,

FLORIDA STATE SCHOOL BUDGET CALCULATED COST OF FLORIDA MFPE*
1961-1962

Instructional Salaries _________-_____....._____-________......__________.________$166,112,464.00

$200.00 per Instructional Unit Increase....________.._._________._______________.$ 8,614,600.00 Total Instructional Sub___.....__---_._.._____________..._.______..____..._.__..$l 74,727,064.00

Transportation ____,,__.,,___.___________,,_______________________________________________,,,,$ 6,063,750.00

Other Current Expense $325.00 Per Instruction Unit ___________-_.._______.___._______._.._________.._______..$ 13,990,925.00
State and Local System Cost _______.._________._._____._.._..___..._____.__.______$194,781,739.00

Capital Outlay _._,,_.. ..._____,,___.______._.._._.______,,__._.__,,,,,,_______________.$ 17,743,000.00 '

Sales Tax Returned to Local System Used as Local Tax ___...-_,,_......-_,,_______.__,,_,,________.____.....____,,__$ 25,000,000.00

Total Budget

___ _.________._.______.._________....__._____$237,524,739.00

Local System Effort ___.__. ,,._,,_______,,___. $ 53,174,653.00 State Cost __.....__._._.____,,._..______.______,,___._.__._,,,,__.....,,,,,,_..___.__....___.__ $184,350,086,00

*Also added in is $200.00 per instructional unit increase given by the last Legisla ture and the ear-marked $25,000,000.00 for the sales tax that goes to the local system to be used as local tax.

NORTH CAROLINA MONTHLY SALARY SCHEDULE FOR TEACHERS (9 SCHOOL MONTHS AND 5 DAYS)
1961-1962

Type of Certificate

Experience In Years 0 1 2 3 4 5 6 7 8 9 10 11 12 13

Graduate ____.. .._. $441 $454 $467 $480 $494 $508 $524 $540 $556 $572 $589 $606

Class A

390 402 414 426 439 452 465 478 491 505 519 534 549 ..._

Class B

341 351 362 373 384 395 408 ____ ...... _____ ______ ______ ______ _____

Class C

276 286 297 308 319 330 ______ ______ ______ ______ ______ ______ ______ ______

Element'y A 254 263 272 283 294 _.... _____ ______ _____ _____ ______ __ __ _____

Element'y B 235 244 254 264 ______ ______ _.. __ ______ ______ ______ ______ _____ ______ _____

Non-Stand'd. 200 __._. ____ _____ _____ _____ __._. _____ __ _.... ____ __._ _____ __

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FLORIDA TEACHER SALARY SCHEDULE

Counties ALACHUA .............

RANK III
Cont. Contract
Low High Low High Low High 3,500 - 4,500 4,100 - 4,800 5,100 - 5,100

RANK II
Con. Contract
Low High Low HJRh Low High 3,900- 900 4,^00- ,?00 5,-500 - ,500

Contract Low High 4,300 - 5,300

RANK I
Cont. Contract
Contrast Exp in Florida Low High Low High 4,900 - 5,600 5,900 - 5,900

BRADFORD ............
BROWARD ............. CALHOUN ............. CHARLOTTE ........... CITRUS ............... CLAY ................ COLLIER .............. COLUMBIA ............ DESOTO .............. DIXIE ................

3,600 - 4,350 3,800 - 4,875 4,100 - 6,450 3,350 - 3,800
3,700 - 4,390 3,500 - 4,000 4,000 - 5,100 3,302 - 3,800
3,400 - 4,200 3,400 - 3,900

4,025 - 4.550 4.450 - 5,375 4,850 - 6,650 4.000 - 4,300
4,200 - 4,725 4.100 - 4,450 4,600 - 5,400 4,048 - 4,336
4,000 - 4,600 4,000 - 4,350

5,000 - 5,000 5,025 - 5,425 6,100 - 6.850 5,000 - 5,000
5,335 - 5,335 5,000 - 5,000 5,600 - 6,300 5.000 - 5,000
5,000 - 5,000 5,000 - 5,000

3,900- 650 4,200- 275 4,600- 950 3,650- 100

4,325- ,350 4,850- ,775 5,350- ,150 4,300- ,600

5,200- ,200 5,425- ,825 6,600- ,350 5,300- ,300

4,300- 400 3,707 220 3,700- 500
850 - 350

4,900-5,700 4,300 - 4,700 4,100-4,700 4,451) - 4.EOO

5,900- ,600 5,500 - ,500 5,300 - 300 5,350 - ,350

4,300 - 5 P050 5,100 - 7,450 3,950 - 4,300

4,725 - 5,250 5,850 - 7,650 4,600 - 4,900

5,500 - 5,500 7,100 - 7,850 5,600 - 5,600

4,900 - 5.700 4,462 - 4,870 4,300 - 5, 100 .... - ....

5,200 - 6,000 4,500 - 4,908 4,900 - 5,500 4.450 - 4,800

6,200 - 6,900 5,700 - 5,700 5,800 - 5,800 5,350 - 5,350

ESCAMBK ...... .......

3,600 - 5,000 4,200 - 5,000 5,200 - 5,200

900 - 5,300 4,500 - 5,300 5,550 - 5,550

4,350 - 5,750 4,950 - 5,750 6,000 - 6,000

o

FRANKLIN ............ GADSDEN .............

3,500 - 4,050 4,000 - 4,300 5,000 - 5,000 3,400 - 3,820 4,000 - 4,525 5,000 - 5,000

800 - 4,350 4,300 - 4,600 5,000 - 5,300 750 - 4,170 4,350 - 4,875 5,350 - 5,350

4,350 - 4,650 4,600 - 4,900 5,000 - 5,600 4,280 - 4,520 4,700 - 5,225 5,700 - 5,700

d

GILCHRIST ............

3,400 - 4,400 4,100 - 4,800 5,100 - 5,100

600 - 4,600 4,300 - 5,000 5,300 - 5,300

4,200 - 4,900 4,600 - 5,300 5,600 - 5,600

GULF ................ HAMILTON ............ HARDEE ..............

3,650 - 4.400 3,300 - 3,800 3,700 - 4,700

4,000 - 4,700 4,000 - 5,000 4,000 - 4,700

5,000 - 5,000 5,000 - 5,000 5,300 - 5,300

,100 - 4,850 750 - 4.250 000 - 5,000

4,450 - 5,150 4,300 - 5,300 4,300 - 5,000

5,45^ - 5,450 5,300 - 5,300 5.600 - 5,600

4,925 - 5,450 4,500 - 4,850 4,300 - 5,300

5,050 - 5,750 4,600 - 5,500 4,600 - 5,300

6,050 - 6,050 5,600 - 5.600 6.000 - 6,000

HEKNANDO ............ HOLMES .............

3,400 - 4,000 3,7003,300 - 3,920

4,000 - 4,400 -
4.000 - 4.320

5,000 - 5,000 -5450
5.000 - 5.000

750 - 4,500 4,450 - 4,950 5.450 - 5,410 ; ,650 - 4,270 4,350 - 4.670 5,350 - 5,350

4,450 - 5,100 5,050 - 5,500 6,050 - 6,050 4,400 - 4.720 4,800 - 5,120 5,800 - 5,800

o=3

INDIAN RIVER ..........

3,800 - 4,61X1 4,340 - 4,900 5,200 - 5,200

,100 4,900 4,640 - 5,200 5,500 - 5,500

3,420 - 3,972 4,008 - 4,272 5,004 - 5,004

,720 - 4,272 4,308 - 4,572 5,220 - 5,220

4.608 - 4.872 4,908 - 5,172 5,520 - 5.520

H

LAFAYETTE ............

3,400 - 3,900 4,000 - 4,350 5,000 - 5,000 3,500 - 4,600 4,100 - 4,900 5 000 - 5,300

,700 - 4,200 4,300 - 4,650 5,300 - 5,300 ,800 - 4,900 4,400 - 5,200 5,300 - 5,600

4,450 - 4,800 4,600 - 4,950 5,600 - 5,600 4,400 - 5,200 4,700 - 5,500 5,600 - 5,900

LEE .................

3,850 - 4,850 4,350 - 5,050 5,250 - 5,250

,300 - 5,300 4,800 - 5,500 5,700 - 5,700

4,900 - 5,900 5,400 - 6. 100 6,300 - 6,300

LIBERTY .............. MADISON ............. MANATEE .............

3,600 - 4,600 3,500 - 4,500 3,300 - 3,840 3,500 - 4,250

4JOO - 4,700 4,000 - 4,800 4,000 - 5,000 4,000 - 4,700

5,100 - 5,100 5,100 - 5,100 5,000-5,000 5,000 - 5,000

900 - 4,900 650 - 4,190 750 - 4,500

4,500 - 5,200 4,000 - 5,150 4,250 4,950

5,500 - 5,500 5.000 - 5,150 5,250 - 5,250

4,600 - 5,300 4,050 - 5,100 4,400 - 4,850

4,900 - 5,600 4,425 - 5,425 4,600 - 5,300

5,900 - 5,900 5,025 - 5,425 5,600 - 5,600

oa
c|

MARION ..............

3.500 - 4,400 4,000 - 4,700 5,000 - 5,000

900 - 4,800 4,400 - 5.100 5,400 - 5,400 4,300 - 5,200 4,800 - 5,700 5,800 - 5,800

CO

MONROE .............. NASSAU ..............

4,000 - 5,200 4,800 - 5,500 5,800 - 5,800 3,503 - 4,000 4.000 - 4.350 5.000 - 5.000

100 - 5,500 4,900 - 5,800 5,?00 - 6,100 750 - 4,500 4,300 - 4,825 5,200 - 5,200

4,200 - 5,900 5,000 - 6,200 6,000 - 6,500 3,950 - 4.700 4,500 - 5,025 5,400 - 5,400

H

OKALOOSA ............

3,300 - 3,800 4,000 - 4,600 5,000 - 5,000

650- 4,150 4,350-4,950 5,350- 5,350

4,000 - 4,500 4,700 - 5,300 5,700 - 5,700

4,100-5,300 4,400 - 5,300 5,100 - 5,300

ORANGE ..............

3,600 - 5,100 4,200 - 5,4CO 5,200 - 5,700

950 - 5,450 4,550 - 5,750 5,550 - 6,050

4,400 - 5,900 5,000 - 6,200 6,000 - 6.500

PALM BEACH .......... PINELLAS .............

4,100 - 5,425 3,400 - 4,300 3,900-

4,900 5,925 4,000 - 4,900 .........

5,925 - 6,225 5,000 - 5,000 .... -5,800

400 - 6,000 850 - 4,750 200- ....

5,200 - 6,500 4,450 - 5,350 .........

6,400 - 6,800 5,450 - 5,450 .... -6,100

4,750 - 6,350 4,450 - 5,350 5,000- ....

5,550 - 6,850 5,050 - 5,950 .........

6,750 - 7,150 6,050 - 6,050 .... -6,500

PUTNAM ..............
ST. JOHNS ............
ST. LUCIE ............

3,600 - 4,400 3,450 - 4,600 3,900-

4,250 - 4,350 4,150 - 5,000

5,000 - 5,100 5,000 - 5,000
-5.-100

900 - 4,700 900 - 5,050 200 -

4,550 - 5,150 4,600 - 5.450

5.3CO - 5,400 5,450 - 5,450
- 5,700

4,200 - 5,000 4,500 - 5,500 4,500 -

4,850 - 5,450 5.050 - 5,900

5,600 - 5,700 5,900 - 5,900
- 6,000

SEMIKOLE ............ SUMTER ..............
UNION ............... WAKULLA ............. WALTON .............. WASHINGTON ..........

3,850 - 4,650 3,500 - 4,000 3,300 - 3,800 3,400 - 3 900 3,500 - 3,700 3,400-3,900

4,450 - 4,950 4,000 - 4,300 4,000 - 4,700 4.WO - 4,300 4,000 - 4,300 4,000 - 4,320

i,350 - 5,450 5.0CO - 5,000 5,000 - 5,000 5.COO - 5,000 5,000 - 5.000 5,000 - 5,000

,100 - 5,100 ,800 - 4,300 ,750 - 4,250 600 - 4 ,100 950 - 4, 1 50 800 - 4,300

4,700 - 5,400 4,300 - 4,650 4,450 - 5,1 50 4,200 - 4,500 4,400 - 4,700 4,400 - 4,720

,700 - 5,900 ,300 - 5,300 ,450 - 5,450 ,200 - 5,200 5,400 - 5,400 5,400 - 5,400

4.390 - 5,400 5,000 - 5.700 6,000 - 6,200 4,350 - 4.700 4.700 - 5,050 5,700 - 5,700

4,005 - 4,355 4,250 - 4,450 4,530 - 4,850

4,405 - 4.70S 4,800 - 5,100 4,950 - 5,270

5,400 - 5,400 5,700 - 5,700 5,950 - 5,950

The 1961 Legislature gave a $200 increase for each instructional unit.

MONDAY, JANUARY 8, 1962

39

FLORIDA TEACHER SALARY SCHEDULE The 1961 Legislature gave a $200 increase for each instructional unit.

PERCENT INCREASE IN CURRENT EXPENDITURES PER PUPIL IN ADA, 1948-49 TO 1958-59

tanli State 1 Mississippi 2 Arkansas 3 Georgia 4 Missouri 5 New Mexico 6 Delaware 7 New York 8 South Carolina 9 Wyoming 10 Texas
11 Virginia 12 Maryland 13 Pennsylvania 14 Kentucky 15 Tennessee 16 Michigan 17 North Carolina 18 Wisconsin 19 Maine 20 Florida 21 New Jersey 22 Oregon 23 Iowa 24 Kansas 25 Idaho

Increase 135.1% 101.4 94.7 93.1 91.7 88.7 87.8 87.6 86.6 84.6 82.6 79.2 78.0 76.5 76.1 75.3 73.3 72.0 71.4 69.6 69.2 69.1 68.9 68.1 68.0

Rank State

26 Vermont

27 Oklahoma

28 Nevada

29 Louisiana

30 Alaska

31 New Hampshire

32 Massachusetts

33 Ohio

34 Rhode Island

35 Connecticut

36 Utah

37 Minnesota

38 North Dakota

39 West Virginia

40 Indiana

41 Illinois

42 Alabama

43 California

44 South Dakota "

45 Washington

46 Montanta

47 Hawaii

48 Colorado

.

49 Nebraska

50 Arizona

Increase 67.3% 67.0 66.7 65.0 64.7 61.7 61.0 60.4 59.8 58.0 57.3 56.5 55.0 54.1 54.0 53.4 53.2 52.5 49.9 46.4 45.7 43.7 41.6 40.2 35.3

Source: "Rankings of the States," 1959, Research Division, National Education Association, 1201 Sixteenth Street, N.W., Washington 6, D. C.

40

JOURNAL OF THE HOUSE,

CURRENT EXPENSE PER PUPIL IN ADA, 1958-59

Rank State 1 New York 2 Alaska 3 New Jersey 4 Delaware 5 Wyoming 6 California 7 Oregon 8 Connecticut 9 Michigan 10 Nevada 11 Montana 12 Illinois 13 New Mexico 14 Pennsylvania 15 Minnesota 16 Rhode Island 17 Washington 18 Maryland 19 Wisconsin 20 Arizona 21 Colorado 22 Vermont 23 Massachusetts 24 Ohio 25 Iowa

Average $531.00* 520.00
468.00 443.00 435.64 435.50 422.00 413.00 400.00 399.83 393.00 391.00 390.00* 387.30 381.00 380.00* 378.00 367.00 365.00 361.77 361.67 353.00 350.00 348.00* 346.00

Rank State 26 Louisiana 27 Kansas 28 South Dakota
30 New Hampshire 31 North Dakota 32 Missouri 33 Utah 34 Texas 35 Nebraska 36 Florida 37 Oklahoma 38 Hawaii 39 Idaho 40 Maine 41 Virginia 42 Georgia 43 West Virginia 44 North Carolina 45 Kentucky 46 Mississippi 47 South Carolina 48 Alabama 49 Tennessee 50 Arkansas
United States

Average $342.87
338.00 333.50
333.00 323.00 320.00 309.00 299.54 295.00 294.16 277.00 273.43 265.00 258.00 242.67 224.00 223.00 220.00 205.00 201.17 200.00 198.00* 197.50 183.00 350.00

Source: "Estimates of School Statistics, 1959-60," Research Division, National Education Association, 1201 Sixteenth Street, N.W., Washington 6, D. C.

*Estimated by NEA.

MONDAY, JANUARY 8, 1962

41

SAMPLES OF STATE PUBLIC SCHOOL BUDGET BY YEARS -- BY ITEMS

STATE SCHOOL BUDGET-- 1949-50

Vocation Reg. ...... ....--.,,....--..__..__.-.-......____.--........-,,$ 500,000

State Trade Schools _____._._._____.

300,000

Textbooks & Libraries .._..__---..__..____._......__.___..._.___.._...

2,158,000

Lunch, Health, Surplus Commodities ...-,,.._..__.._-..-----_...-.,,...._._..__---- 80,000

Rehabilitation .-.--.-------....--......___.---.-.___.--.---..-_-. 400,000

Department of Education..........--__,,_-.....___.......-__,,_-.-.-........-_.-._..-......-..-_.--. 200,000

County School Supt. ............. .......... . ......

......... ...... ....... 275,000

39,200

Certification & Curriculum ___._._.__..__.__-._____..._.___._______.____________..._.___....- 47.50D

Teachers' Salaries, Adm. & Equalization ...._.__.__......_____._,,._. 36,554,500

Transportation ......... _...__..,,.._______._.__._--._...______.__..-.____.____.__........................ 600,000

Blind ................................. ............ ___________ ........... ...

....... 160,000

Deaf

_____._.._______...________._.________._... 225,000

$41,500,000

ESTIMATED NEEDS FOR M.F.P.E. SUBSEQUENT
TO ENACTMENT
Teachers' salaries .. -...._._._.......___._. ........_._.__....._...._.._____..............______.............$48,154,897.00 Other expense @ $300 per teacher _-..,,-.._._.,,,,..,,...--...... 6,726,600.00 Capital outlay @ $200 per teacher .-..__..____.__.._.._.__.__......____.____.._,,_. 4,848,400.00 Transportation ......_._.__._,,....__.____._..__.__.__.___.__..._..____.__.......... 3,509,754.00 Adjustment for adding 12th grade .....,,_._............._,,......................_..._....... 750,000.00

Total cost M.F.P.E. ...._..._..._........._................._........_.._._............._.._..$63,625,651.00 Local effort required .....__.__..-..........__....._.._._.........._,,..,,......._......_........._... 9,000,014.00

State funds needed for M.F.P.E. ___............._...-..__...-...-.......-.-...............-....$54,625,637.00

Estimated Needs for Other Funds:

Vocational education .......____....__.____.__--..__________----.._.-.____-----...$ 1,000,000.00

Library program ._.._..__.._._.______.___...___........-........._......_...__...... 750,000.00

Textbooks & Audio-visual __.__..__.___._.._.._.________.__.-...._.____.____.-....__._.___ 1,500,000.00

School lunch program ..____..___...__...--.._._....__._....-._.......__.,,..._....... 200,000.00

Vocational Rehabilitation .___._..____..__.....________...__...__..___.__.__._...__..______..._. 500,000.00

Salaries of County School Supt. ...__._-_._..___..___.__.______..__...____..__........ 355,000.00

School for the Deaf .____-.__.... -..__..___---___--.-.

232,000.00

Academy for the Blind _.........._.._....._._.._-._.._.......__...-.._......_...-......._..... 160,000.00

State Department of Education ............_,,._._...._._,,.__........_.........._...... 400,000.00

Total other funds ....._._..-.,,_..._..-..........-_..._...._...._.__....._...-..,,._._......-..$ 5,097,000.00 Grand Total State Funds ......_.-.._..__._._-.-..._.._.._----.-.......--.-._.._.$59,722,637.00

STATE SCHOOL BUDGET -- 1953-54
Teachers' salaries .-....-..-.......--.....-....-.-..--....-.........-...........-..---....-..-......I 72,500,000 Travel Reimbursement grants to local systems..--........._..._.__.._...._..._. 600,000 Current Operating Expense ............_,,_...._..._._.__..._...._..._._.......__. 7,760,000 Pupil Transportation ...__.__......-...._.._._._._...._._......-._.-_._._..-._......___. 10,500,000
Total --..-_..-.......--..-_._..---_-__-.----.-_..__.---.-...______...-..._.-_..____-$ 91,360,000

42

JOURNAL OF THE HOUSE,

Charge Back to Local Systems _______.-------------------------....---13,500,000

State Funds Needed ----_------.----------------------....$ 77,860,000

Special Fund for Exceptional and Handicapped Children --------...----_ 500,000

Textbooks, Teaching Aids, School Library and Public Library------..- 3,460,000

Vocational Education (Including State & Area Trade Schools) --------. 1,400,000

State Department of Education --_..--------_---------------------- 460,000

School Lunch .------------------------.-.-----------.--------------,,..

84,000

Food Distribution ----------------------------------_--------------------.-

46,000

Vocational Rehabilitation ----.-__-._......_...------.----------...--------...... 900,000

School for the Deaf (Operation Cost) ----------

_.---------------- 390,000

School for the Blind (Building).....--------------------__.___.___------.------...... 100,000

School for the Blind (Operation Cost) -_----_------------------_....-- 260,000

Contingent Fund for Relief of Hardships.-.--------_------....--------...._. 4,000,000

Capital Outlay for New School Buildings _------___------------..___--. 15,000,000

County School Superintendents' Salaries.-------------------------.---- 525,000

GRAND TOTAL OF STATE FUNDS NEEDED .......-...................$104,985,000

STATE SCHOOL BUDGET -- 1958-59

FOUNDATION PROGRAM REQUIREMENTS OF ALL LOCAL

SCHOOL SYSTEMS

Teachers' Salaries--

a) 29,900 teachers .----.--____----------..$103,228,636.96

b) Increments in Salary Schedule---------- 1,400,000.00

c) Adjustments on Current Attendance Basis 2,000,000.00 $106,628,636.96

Current Operating Expense and Sick Leave---------------------------- 13,096,200.00

Pupil Transportation--

a) Allotments ------..----------------_--------. 12,255,000.00

b) Adjustments for Systems Completing

Building Program ----------------------. 100,000.00 12,355,000.00

Capital Outlay -------------------------------------------------------- 14,500,000.00

Equalization Fund Allotments (Contingent) _-------------._---------- 5,596,132.00

Allotments for Administrative and Supervisory Costs

of Local School Systems .___--------------------------_----------. 3,974,783.00

Allotments for Regional Library Program and for Matching

Federal Funds for Libraries _--------------------------------- 525,000.00

Allotments for Vocational Education (including the two

state trade and vocational schools and area vocational

education programs) ,,.,,_-__------.------------------_----...---- 3,636,339.74

Allotments for Textbooks, Libraries and Audio-Visual Aids ----...... 4,287,000.00

Allotments for Testing Materials and Operations----.-------------- 385,000.00

TOTAL FOUNDATION PROGRAM REQUIREMENTS OF

ALL LOCAL SCHOOL SYSTEMS ------------.------------......$164,984,091.70

LOCAL TAX FUNDS APPLIED TO FOUNDATION

PROGRAM REQUIREMENTS --------

... ....

20,900,000.00

STATE FUNDS APPLIED TO FOUNDATION

PROGRAM REQUIREMENTS ------------------------------------$144,084,091.70

Temperance Education _--------------_.,,_,,_----...._......_------------

25,000.00

State Department of Education Operating Expense for

all Divisions and Services .--------------_----_--__------...---- 1,877,814.00

a) Special Education, Science, Math Programs-----------------..-. 164,291.00

Vocational Rehabilitation including matching Federal Funds------. 3,811,153.00

MONDAY, JANUARY 8, 1962

43

Special Institutions -- Blind and Deaf Schools .--------

..._

For Waycross Television Station (Non-Recurring) --------------____

815,250.00 500,000.00

TOTAL STATE AND FEDERAL FUNDS----------------------$151,277,599.70

STATE DEPARTMENT OF EDUCATION BUDGET

1960-1961

1. Teachers Salaries

a. Salaries of State Allotted Teachers (Not including

mid-term adjustments) ...... . . ...__----------------------$115,700,000.00

b. To provide for normal salary increases for up graded

certificates based on higher qualifications and

additional experience ...----..... ---_,,__----....------------_._------ 1,400,000.00

c. Mid-term adjustments to maintain the Minimum

Foundation Program on a current attendance basis.-------.-. 2,500,000.00

d. Grants-in-aid for in-service training programs in science,

mathematics and modern foreign languages.---------- ....... 300,000.00

e. Salaries of county and regional librarians ._,, .__......_

640,650.00

f. Grants to county and city school systems for salaries and

travel of local system-wide employees (superintendents,

principals, visiting teachers and instructional supervisors).___ 4,500,000.00

2. Current operating expense and sick leave-------------------- 15,750,000.00

3. Pupil Transportation ....--.------.............----..--.....----------.. 13,355,000.00

4. Capital Outlay .------_------....----_--_--........------............ 20,000,000.00

5. Equalization Fund Allotments (Contingency) ------------------ 5,980,132.00

6. Textbook and library service

a. Allotments for textbooks ------------------------------------ 3,500,000.00

b. Allotments for school libraries.------------------.---------- 630,000.00

c. Rural libraries (including federal funds)-------------------- 797,500.00

d. Audio-visual service .--------------------------------__.... 250,000.00

e. Rents, express, postage, utilities and maintenance.---------- 187,000.00

7. Allotments for Vocational Education

a. Grants to Local School Systems (including federal funds).. 2,885,575.00

b. State Trade Schools at Clarkesville and Americus--...--.... 950,000.00

c. Vocational technical training at trade schools to

match federal funds under NDEA----.....____----_------_ 950,000.00

8. Allotments for testing, guidance and counseling in high

schools and testing in elementary schools (including

federal funds) ......,,-._-.-. -.----------------------- 729,402.00

9. Total Foundation Requirements _----.----------.._.------------... 191,005,259.00

10. Local Tax funds to be applied to the Foundation Program---- 23,400,000.00

11. State and Federal funds applied to Foundation Program

requirements .....__------.._........._----..----.----------.....----....... 167,605,259.00

12. Temperance Education ......-.--_--.-............--.----_..------------...._..

25,000.00

13. State schools for deaf and blind-.--------------.----.---------- 922,500.00

14. Vocational Rehabilitation _...-------___--..,,_----_________,,--____ 3,811,153.00

15. State Department of Education

a. Cost of operating all divisions and services (including

federal funds) ....--_.---,,....--------------------------__------ 1,907,977.85

b. Administration of Title III, National Defense Education

Act (including matching Federal funds) -------------------- 247,348.00

c. Administration of Title V, NDEA (including matching

federal funds) ........------_._.--------_._----..------------..------ 120,000.00

44

JOURNAL OF THE HOUSE,

d. Administration of Title X, NDEA (including matching federal funds) ....-- --..__.___ _------------,..___--------
e. Administration of federal school lunch program......--..-- f. Administration of federal surplus commodity program., g. State Board of Education ------------------------_------ h. Educational TV with University of Georgia station ..... i. Scholarship program for prospective teachers----------

100,000.00 128,102.00
71,397.00 25,000.00 151,250.00 150,000.00

TOTAL __..---.-..-------------------------------------.....$175,264,986.85

EMPLOYEE DATA BY YEAR*

STATE LEVEL ADMINISTRATION

1940 1948 1951 1953 1958 1959 1960 1961

Administration .._..-------------- 51 47 60 72 120 136 168 206

Instruction & Instruc. Materials 15 38 72

94 94 102

Vocational Education --._--... 16 19 49 58 67 65 67 67

Veterans Related Training _._..___

22 29 20

6

6

5

6

Lunchroom Division --------.--_

13 13 14 19 20 18 16

Surplus Commodity .....................

7

8

8

9

9 10 11

Vocational Rehabilitation ..----.. 10 124 109 127 193 225 229 262

Surplus Property --------------.

7

8

7 34 34 37 43

TOTAL _--------------------. 92 277 348 394 536 589 628 713 *Pigures taken from Report of State Auditor.

JOB TITLES OF PERSONNEL BY DIVISIONS
STATE DEPARTMENT OF EDUCATION*
6 Positions 5 Filled 1 Vacant

STATE SCHOOL SUPERINTENDENT

and

STATE SCHOOL SUPERINTENDENT EMERITUS

Number

Job Title

Filled

Confidential Secretary .....--.--__----____--------_...----_--.-------- 2

Public Administrative Aide __--__.------------. .._..----------._

Senior Stenographer ....--._-----------------------.--.---------------- 1

State School Superintendent _.,..--------__.... .._--------.-. 1

State School Superintendent Emeritus ---------------------------- 1

Number Vacant

*Compiled from data furnished by State Department of Education and State Merit System, June, 1961.
8 Positions 8 Filled 0 Vacant

MONDAY, JANUARY 8, 1962

45

ASSISTANT STATE SUPERINTENDENT

FOR FISCAL AFFAIRS

Number

Job Title

Filled

Accountant ___--------------_.._

... 1

Accounts Executive ----.--__-..

... 1

Assistant State Superintendent

1

Comptroller

1

Principal Accounting Clerk ...._--_.___....__....__.__----------_ 3

Principal Stenographer _............_.....___----._._____--------_ 1

38 Positions 38 Filled
0 Vacant

Number Vacant

ADMINISTRATION AND FINANCE DIVISION

Number

Job Title

Filled

Architect ........................___________.._--__________------,,__,,__________ 1

Assistant Architect _________----------____..._..________............_...___.,, 1 Assistant Director of Division................._.._.__..__......._..._,,_..__...._..__. 1 Chief, School Plant Services ....__.............._____________________________ 1 Chief, Statistical Services--___................_.._.________._..._..___________._.__ 1

Coordinator of Federal Relations -___--_--_---__-_--._..____.__.___... 1 Coordinator of Visiting Teacher Service _------___________----------_ 1

Director, Data Processing Service.---.--____,,--._.------._._--._._.._.. 1 Director, Division of Administration & Finance ___,,_____--________ 1 Intermediate Stenographer ______----------_______------------__.__.__.._... 2 Key Punch Operator ____--.--------_--_____----__----_.--------__. 4

Maintenance Consultant ----------_---_____-_--------.___________----,, 1 Mechanical Engineer _._.---_------_--_----------------_-_-------------_ 1 Principal Clerk ..--...------------.__-___________------------_.----.._----. 2

Principal Stenographer -------------------------------------_-__ 1 Public Education Administrative Aide --------------_._--._...__ 1 Senior Clerk _._._______._____._-___.___-__--_.----_____..._._._.--_.----------__ 1 Senior Stenographer ...----.___--______.__--___________ 4 Statistical Technician ___.____...--_............_._-__------._,,____._. 5 Supervisor of Allotment Service ___,,_______------..----_____________ 1

Tabulating Equipment Operator __.--___----.._.________________...._.____--___ 3 Tabulator Exec. Aide ............_..__--_-__________.---------_.____________--...- 1 Transportation Coordinator ----____----------____-___.__------____--___. 2

47 Positions

44 Filled

3 Vacant

Number Vacant

FIELD SERVICES DIVISION
Job Title Accountant ._....._______.__,,_Area Representative .._ Area Supervisor ........_--

Number Filled
... 1 _9 __ 6

Number Vacant

46

JOURNAL OF THE HOUSE,

Attendance Accountant _______________--___-_____-----.--,,_.--__------_-- 2 Director, Division Field Services _______-.-----__----___-_._..____-----_ 1 Intermediate Clerk --.-____.,,.--.....--....-------------------------------- 5 Intermediate Stenographer .__--,,_------_----.__--____-------------- 14 Intermediate Typist _.___----------_------_---_--____.._._________........ 1 Principal Stenographer _________,,._,,------------..,,_-...----_---- Senior Clerk _________________________________--------.-___.--__--__-------- 1 Senior Stenographer _________________________________--....._........_,,_.-- 3 State Supervisor School Lunch _----_-------------___,,,,_____--_--__- 1
116 Positions 104 Filled 12 Vacant

INSTRUCTION DIVISION

Number

Job Title

Filled

Administrator of Educational Television --__---_._-_______._,,__--_..__.___ 1

Area Consultant __--___--_-_--___--___..,,_.--_____________________________ 5

Area Coordinator _____________________._._._.....__.....___.................. 3

Assistant Supervisor of Certification ___._______.,,_.._..._._._...._._.__ 1

Consultant, Guidance & Testing --.___,,_------------_-___-.__--___--...... 3

Consultant in Special Education .___._________....,,___.__.-._.____._..-__._..._,,_ -- 5

Education Program Consultant ___--__----_--_._--_----_----_--_--_._ 10

Education Program Coordinator ------------__..--_____ .................... 3

Education Program Coordinator I _,,--_---__------_____,,__,,___--_--__.__ 4

Instructional Consultant __________________________,,__.______________________._.,, 3

Intermediate Clerk _._._-.-______.._._-.______________.____._._,,.._.____.-..__..___._...._. 2

Intermediate Stenographer --_--_.,,----------------_--_--_____._...... 10

Intermediate Typist ________..___....___.___.__._.__.__......................._..... 3

Junior Engineer ___.___._.-.___._..____.,,,,,,_-__._________.____,,_-_......._._..._..__.._...... 1

Key Punch Operator ----_.____._..____._..__,,----------_......,,,,..__.__..._.._.. 1

Principal Clerk .._..__...,,..............__._-__-_._.___..._..,,,,_.,,-_......... 2

Principal Stenographer ..._.._..._.__.._.._-----------.________________._..-._,,-- 2

Public Education Administrator ....__----__..--._._..__....___.--. 1

Public Education Associate Administrator ,,.--__._.._....._.__.._....,,...,, 1

Senior Artist ....___.._..----..___...--.__----__.__...._..__...__._....... 1

Senior Clerk .-_.._._-._,,._..__..__.__.____________._..._ 3

Senior Illustrator ___-_..________,,_--__.._.__.____._.,,.._..--.... 1

Senior Stenographer ...._.__...._..............._..--...-.....--.__......._.._............ 20

Senior T Q Evaluator ........._..._....-_......._....--....--...._.........__._....._... 2

Senior Television Engineer _______._.._-----------_____.._....__.,,..__.... 1

Supervisor of Certification __.._._.._,,,,___..__.___._.__..._...___.__..... 1

Teacher Recruitment Representative _.__,,._,,..-_________________________ 1

Television Producer-Director -__-----_-------------_-___.__-_____--__-- 2

Television Teacher -__-_---___-__-_---__-__-__-_--_--__.-___________________._ 5

T Q Evaluator ____________________________________________________________________ 5

Vari Type Composer _______,,________________.___-__--__--___________________........ 1

Number Vacant
3 1 3 1
3
1

163 Positions 161 Filled
2 Vacant

MONDAY, JANUARY 8, 1962

47

INSTRUCTIONAL MATERIALS DIVISION

Number

Job Title

Pilled

Accountant __.___.__________________________._._._.._....__ 1

Accounts Executive __-,,_________________________________...__._---_..._._.._ 1

Area Supervisor . . _____ ___,,________.________._,,_______________-.--_______ 6

Assistant Chief of Surplus Property Procurement _____________ 1

Assistant Storekeeper ___________,,__,,,,______--________________.___________ 17

Audio-Visual Education Supervisor ______--_______.-----_____. 1

Building Maintenance Supervisor _________________,,_________ 1

Chief Film Inspector _____________________,,______________________ 4

Chief Library Consultant ______________________________ 2

Chief Shipping Clerk __________......________________..... 1

Chief Surplus Property Procurement ...--_--------_.__-------------- 1

Film Inspector _________________________._..___.,,.._............... 7

Film Library Manager _____________.........._..__.._........--_._._._.. 4

Food Distribution Program Director ..--.--_----_._-.._.._--.---.--._ 1

Intermediate Clerk _______________......._......_...._.____......_.-._._-_--_. 11

Intermediate Stenographer ___________________________,,___________.___________________ 13

Intermediate Typist -------------_-----___-______._..........___._--_-----___ 11

Librarian _.__,,.--------_----_--____---_-_---_-__-____--_________.__-_._------ 3

Library Consultant __________________________________ 5

Maintenance Laborer _____,,__.________________________________ 16

Porter ________,,_____-- __________________________________________________________ 1

Principal Accounting Clerk _____________________________________________________________ 1

Principal Librarian __________________________,,_,,______________________________ 2

Principal Stenographer ____________________________________________ 1

Public Education Administrator ________________________ 1

Recording Technician _____________________________________.__.,,._____.___ 1

Security Patrolman _--.___.___._.._._..____________________________________ 5

Senior Accounting Clerk _______________________________________________ 8

Senior Clerk ____________-_-_.__.-________,,______.__._,,_.___._._.. 11

Senior Librarian _--____--.____..______,,,,___,,________________,,________.____,,______________ 1

Senior Stenographer ___________________________________________.______,,._____,,_____________ 5

Storekeeper ___-__--.--___--____________________________._._____.___ 6

Supervisor of Warehouses ___________________________________________________________ 1

Surplus Property Procurement Officer ____________________.__,,_,,,___________________ 5

Tab. Equipment Operator IBM--------_---_-_-_____--__--__--___ 1

Warehouseman ----------__---._________________.______,,_____._..__ 4

Number Vacant
1
1

17 Positions 16 Filled
1 Vacant

INTERNAL OPERATIONS DIVISION

Job Title Assistant State School Superintendent Informational Assistant ___.______________,,.______,, Intermediate Typist __________________________________ Manager, Storage & Duplication Unit.... Multilith Machine Operator _..,,...._._._. Personnel Officer _____________._______._....__.... Porter .._..___,,.,,_--__--_---__--_-________________

Number Filled
_____ 1 _____ 1 .__.. 1
1 1 _____ 1 _____ 3

Number Vacant

48

JOURNAL OF THE HOUSE,

Principal Stenographer _______,,,,

1

Print Shop Helper ______________ ,,__._-__,,,,_

1

Public Relations Representative

1

Senior Personnel Assistant ______ ____________________________ 1

Senior Stenographer ___,,_,, __________ _,,,,__________,,,, ___.___,,,,,,,,_ 1

Senior Supply & Mail Clerk

__________________________ 1

Supervisor, Duplicating Service ______.__--__________________ 1

3 Positions 3 Filled 0 Vacant

NEGRO EDUCATION DIVISION

Job Title Principal Stenographer __________ Public Education Administrator Senior Stenographer __________

Number Filled ... 1 ._ 1 ._. 1

Number Vacant

74 Positons 68 Filled 6 Vacant

VOCATIONAL EDUCATION DIVISION

Number

Job Title

Filled

Area Supervisor _____.__,,,,___________________------_--___--_,,_________-,,___-- 17

Driver Safety Testing Supervisor ___________________,,________________ 1

Editorial Clerk D _________________________________________________________ 1

Education Program Executive __----_------_----_--------_----_---- 5

Education Supervisor _______________________________--_--_.--_--_--__ 1

Forestry Consultant ___________________,,_____,,_,,_,,_ ________ __,,___,,,,_,,,,,, 1

Industrial Arts Education Supervisor ___________,,___,,_____________ 1

Instructor Distributive Occupations ______________________________ 1

Instructor Supervisor Training _____,,__,,,,_,,___,,,,_________________ 1

Intermediate Stenographer _,,,,__,,___,,____,,,,,,________-_____,,___,, 7

Itinerant Teacher ___________________________------____-__________ 2

Itinerant Teacher Trainer _,,_,,,,_,,_______________________________ 1

Livestock Consultant _________________,,__,,____,,_____________________

Practical Nurse Training Supervisor --_--__--_______________,,,,,,_,, 1

Principal Accounting Clerk ___________________________________________ 2

Principal Stenographer ,,,,,,,,_______.__--,,_____--__________________,, 1

Public Relations Representative ___________________________________________ 1

Related Activities Supervisor _____________----_____,,________________ 2

Senior Accountant _________________________________________________ 1

Senior Accounting Clerk ____________,,______,,,,,,__,,,,_,,,,,,,,,,,,_,,_,,__,,______ 1

Senior Stenographer _______----__--_----------_______________ 17

Teacher Trainer ______________________________.______________ 1

Trade School Development Supervisor______-__-________________________ 1

Vocational Education Administrator ___________________________ 1

Number Vacant
1 1 2
2

MONDAY, JANUARY 8, 1962

49

MATHEMATICAL FORMULA FOR DETERMINING LOCAL EFFORT IN MINIMUM FOUNDATION PROGRAM IN GEORGIA

Step 1. Total Property Valuation for State x .007 -- Total Charge-back ($)-- (for entire State)

Step 2.

Economic Index

Derived from 5 factors with weights assigned:

County Public Utilities

= Weight of 2 (from Revenue Dept.)

County Effective Buying Power = Weight of 6 (from Sales Management)

County Retail Sales

= Weight of 2 (from Sales Management)

County Motor Tag receipts

= Weight of 2 (from Revenue Dept.)

County State Income Tax paid = Weight of 1 (from Revenue Dept.)

Total Weight

13

Public Utilities Valuation for County -- % County is of State x .154

Public Utilities Val. for whole State

(Weight--2/13)

Effective Buying Power of County = % County is of State x .461

Effective Buying Power of whole State

(Weight--6/13)

Retail Sales of County___________= % County is of State x .154

^Retail Sales of whole State Motor Tag Sales of County

(Weight--2/13) -- % County is of State x .154

IVlotor Tag'S^ies^^f^whole^State State Income Tax paid in County

(Weight--2/13) = % County is of State x .077

State Income Tax of whole State

(Weight--1/13)

= Public Utilities Factor (In Percent)

= Buying Power Factor (In percent)

= Retail Sales Factor (In percent)

= Motor Tag Factor (In percent)

= Income Tax Factor (In percent)

Step 3. Public Utilities Factor (%) + Buying Power Factor (%) + Retail Sales Factor (%) + Motor Tag Sales Factor (%) + State Income Tax Factor ( %) = Economic Index (%) (for County)

Step 4. Economic Index Factor (%) x Total Charge-back for State ($) -- Chargeback for County (?)

MATHEMATICAL FORMULA FOR DETERMINING LOCAL EFFORT IN MINIMUM FOUNDATION PROGRAM IN GEORGIA WHEN A COUNTY
HAS AN INDEPENDENT SCHOOL SYSTEM IN IT
Step 1. (County Digest--Both Systems) minus (County School System Digest) = Independent City System Digest (Less Homestead Exemption).
Step 2. Independent City System Digest x 1% = City System Digest (Adjusted for Tax Exemption).
Step 3. County School System Digest -f- Utilities (in County System) -- Total County School System Digest.
Step 4. Independent City System Digest (Adjusted) + Utilities (In City) = Total City System Digest.

50

JOUENAL OF THE HOUSE,

Step 5. Total County School System Digest + Total City System Digest (Adjusted) = Total Digest for Both Systems.

Step 6. Total County School System Digest = % County is of Total Charge-

Total Digest for Both Systems

back.

Step 7. Total City School System Digest Total Digest for Both Systems

-- % City is of Total Charge-back.

Step 8. Apply Economic Index for County as whole = Total Charge-back ($) for both systems.

Step 9. % County is of Total x Charge-back ($) for both systems = Amount of charge-back ($) for County System.

Step 10. City is of Total x Charge-back ($) for both systems = Amount of charge-back ($) for City System.

MFPE STUDY COMMITTEE-
REPORT OF SUBCOMMITTEE ON LOCAL EFFORT
The committee commends Governor Vandiver and the General Assembly for the steps taken to assist counties in programs of property assessment by pro viding for loans to assist in defraying the cost of such programs, and by pro viding expert personnel in the State Revenue Department to work with county officials in their reassessment programs. The Committee believes that the ability of local systems to support education can best be determined on the basis of a uniform adjusted tax digest. Therefore, the following recommendations are made to the General Assembly:
1. That the Property Tax Division of the State Revenue Department be given the authority to determine ratios of assessed value to the market value of property in all counties of the State and to furnish this information to the State Board of Education to serve as the basis for distribution of State funds under the Mini mum Foundation Law. The Property Tax Division of the Revenue Department should be charged with the responsibility for keeping data on such assessment ratios up to date on an annual basis.
2. That paragraph (b) of Code Section 32-615 setting up 7 mills on the State School Tax digest as required local effort for the State as a whole be repealed. It is further recommended that this section of the law be replaced with a matching formula providing that the cost of the Foundation program be shared on a basis of 87% State funds and 13% local funds; the local share to be increased by %% of the cost of the Foundation program annually until the distribution is based on 80% State funds and 20% local funds.* The distribution of the required local effort among the school systems of the State should be based on ability to pay with each system's share of the total to be determined on the basis of the ratio of its local adjusted digest to the total adjusted digest for the State as a whole.
3. That, when the Property Tax Division of the Revenue Department has established property assessment ratios for all counties of the State, Code Section 32-615 (a) providing for an economic index be eliminated from the Minimum Foundation Law and that the State Board of Education be authorized to use the ratio of the local adjusted digest to the adjusted digest for the State as a whole in distributing required local effort among the various school systems.

MONDAY, JANUARY 8, 1962

51

4. That a stabilization fund be requested in the appropriations bill which would protect all systems against a loss in State revenue as a result of the operation of the proposed change.
The Committee recommends to the State Board of Education:
1. That, as soon as the Property Tax Division of the Revenue Department has made available dependable assessment ratios for all counties, a uniform adjusted digest be computed for all school systems to be used as a basis for distribution of required local effort.
2. That until such a time as a uniform adjusted property digest is computed, the present economic index be revised as soon as accurate data are available to secure a more equitable distribution of required local effort.
3. That each superintendent be requested to give to the State Department of Education the actual percentage used for assessment in his county to enable the State Department of Education to make a trial run to determine how each system would be affected under the proposed plan.
NOTE: The plan recommended above does not mean that the State Revenue Department would go into a county and assess property. The State Tax Commis sion would establish assessment ratios for each county to be used by the State Board of Education in computing an adjusted digest for each system to be used as a basis for distribution of State funds. Under this plan local assessors would continue to set up property digest for each county.
*This does not mean that all systems will pay the same percentage of its Founda tion cost. Each system will share in the total cost according to its ability as indicated by the adjusted tax digest.

REQUIRED LOCAL EFFORT (CHARGEBACK)

1958-59

1959-60

1960-61

1961-62

State Bd. Members and
School System Represented
1. Paul Stone Burke County

Req. L. EH.

Incr. Over
Prcv. Year

Req. L. Eff.

Incr.
Over Prev. Year

Req. L. Eff.

Incr. Over Prev. Year

Req. L. Eff.

Incr.
Over Prev. Year

$ 76,834 $ 5,867 $ 81,586 $ 4,752 $ 79,793 $--1,793 $ 87,754 $ 7,961

2. R. B. Wright Moultrie City

84,768 5,944 100,020 15,252 103,160 3,140 120,573 17,413

3. Tom Nesbitt, Jr. Crisp County

80,914 7,590 73,290 --7,624 80,856 7,566 86,905 6,049

4. Jim Peters Meriwether Co.

73,942 4,867 84,812 10,870 84,508 --304 92,863 8,355

5. David Rice Atlanta City

4,450,925 56,480 4,510,339 59,414 4,604,917 94,578 4,949,664 334,747

6. Francis Shurling Johnson County

26,499 1,541 26,996 497 27,841

845 30,661 2,820

7. Henry Stewart Cedartown City

69,333 2,759 64,276 --5,057 75,275 10,999 82,686 7,411

8. Lonnie Sweat Pierce County

37,156 1,754 39,391 2,235 41,709 2,308 45,319 3,606

9. Mrs. Bruce Schaefer Toccoa City
10. Zach Daniel Franklin County

57,475 7,687 45,605 4,260

51,480 --5,995 48,980 3,375

54,288 53,305

2,808 4,235

58,947 58,631

4,659 5,326

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JOURNAL OF THE HOUSE,

DATE 1961-62 1960-61 1959-60 1958-59 1957-58
1951-52

Total State Digest Total State Req. Loc. Effort

$3,677,808,348

$25,700,000

3,350,199,096

23,400,000

3,171,545,286

22,200,000

2,998,104,227

20,900,000

2,813,959,710

19,600,000

.......-.------.......

.........-..-..--.

$1,771,000,000

$12,400,000

Increase over Previous Year
$2,300,000 1,200,000
1,300,000 1,300,000 Previous 3 years Req. Loc. Effort was frozen.
Increase represents 3 years Increase
First year of Minimum Foundation Program of
Education

$ 1,038,210,946 121,866,293

Atlanta's 1961-62 Tax Digest Fulton County's Tax Digest

1,160,077,239 .007

Total Mills

8,120,505,683 2,300,000.

Increase in State Req. Loc. Effort if Atlanta and
Fulton changed from 25% to 50% Increase in 1962-63, similar to present year of
total State Req. Loc. Effort

$10,420,506

Total increase in one year

This is 4.53 times the increase in 1961-62.

If Fulton County should go from 25% to 50% valuation of property next year (plus the present rate of increase of the State Digest) this would result in an INCREASE in the Required Local Effort (Chargeback) of EVERY SCHOOL SYSTEM in the State that would be 4.53 times the increase in 1961-62.

The results would be as follows for 1962-63:

Required Local Effort (4.53 x 1961-62 Increase)

1. Burke County

$ 36,063

2. Moultrie City

78,880

3. Crisp County

27,401

4. Meriwether County

37,848

5. Atlanta City

1,516,403

6. Johnson County

12,774

7. Cedartown City

33,571

8. Pierce County

33,571

9. Toccoa City

16,335

10. Franklin County

23,126

The total State Digest has doubled in the past ten years, rising from $1,771,000,000 to $3,677,808,348 between the school years 1951-52 and 1961-62.

State law requires this to be multiplied by .007 to determine the total Required Local Effort (chargeback) for the State. This Required Local Effort is divided among the 198 school systems according to the economic index.

With the State Administration, the State School Board, the MFPE Com mittee and every professional organization urging tax re-evaluation in all counties, the total State digest will likely double again in the next ten years. Actually,

MONDAY, JANUARY 8, 1962

53

it could happen in five years. This would automatically result in a doubling of each system's present Required Local Effort or chargeback. This may result in financial chaos in most school systems unless the seven mills regulation is changed.

A change to the recommended plan of the MFPE Committee woulld allow local valuations to be adjusted in an orderly manner without the state-wide penalty to all school systems

SYSTEM

Req. Loc. Eff't Increase Over 4.53 x '61-62 Double '61-62

1961-62

Previous Yr. Increase Req. Loc. Eff't

Bartow _____ _________..__......$ 81,833

Bulloch _______________ .......... 106,708

Cartersville _____.__. ________ 79,040

Cedartown __.__._ ... _________ 82,686

Chattooga ......._-- _______ 58,512

Clarke ..__...----.___.--.... 319,749

Cook ..----_._--___.....___ 52,880

Crawford ____________ _________ 25,573

Decatur City __..___ _____ ___ 266,077

DeKalb _._.___.______ ----- 1,684,560

Dooly --..........---- _________ 44,156

Dublin ________________---- 87,988

Floyd __________________ .......... 258,486

Franklin _,,._____.___..---- 58,631

Gwinnett ___._ __ .--_-- 188,546

Habersham __________--,,._ 72,534

Jasper ----_____--_---- 31,764

Laurens _______________ __.__.___ 53,823

Lee ______________________ _________ 24,168

Lincoln ________________ --...... 21,669

Murray --_________.......... 55,544

Polk -_----_.___._.._ ________ 83,146

Spalding _._.___.-___ ________ 217,171

Screven _.__..________________ 64,279

Rome ----------_-........... 264,246

Thomas ___________.......... 67,172

Thomasville

.......... 134,543

Trion __.____.____.,,_._________ 51,647

Towns ..--.-...-.----_ _________ 14,898

$ 4,778 10,588 7,466 7,411 4,892 25,926 5,333 2,111 12,656 220,269 3,158 6,867 19,883 5,326 29,750 6,395 908 6,544 2,432 1,547 6,081 5,358 17,424 6,319 18,563 6,755 10,797 1,675 2,062

$ 21,644 47,964 33,821 33,572 22,161
117,445 24,158 9,563 57,332 997,819 14,306 31,108 90,070 24,127 134,768 28,969 8,643 29,644 11,017
7,008 27,547 24,272 78,931 28,625 84,090 30,600 48,910 7,588
9,341

$ 163,666 213,416 158,080 165,372 117,024 639,498 105,760 51,146 532,154
3,369,120 88,312 175,976 516,972 117,362 377,092 145,068 63,528 107,646 48,336 43,338 111,088 166,292 434,342 128,558 528,492 134,344 269,086 103,294 29,796

MFPE STUDY COMMITTEE
SUBCOMMITTEE ON SALARY SCHEDULE
In the administration of school systems, it has been well established that expenditures for education, efficiently and effectively carried out, are closely correlated with quality in education. Expenditures for the salaries of professional personnel constitute the largest item in the budget of any school system. It follows, therefore, that adequate salaries for all professional personnel will pro mote the general quest for improvement in the quality of education throughout the State of Georgia. This is true for a number of reasons, the chief one being that it will enable school systems to retain, as well as to obtain, capable, welltrained, effective teachers and other professional educators.

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It is significantly important for all Georgians to know and to understand that education already is costing more money than has been the case in former years and that these costs will continue to grow. This is true because, although much progress has been made in education in Georgia during recent years, the teachers and other professional personnel who are directly responsible for this progress are not being paid at a rate commensurate with comparable professional, business, and industrial fields and this condition cannot continue to exist.

In the light of these observations the sub-committee on salaries of the Mini mum Foundation Study Committee makes the following recommendations:
1. That no legislation be sought to change the present provisions of the MFPE laws (Article 32, Section 606), under which "the State Board of Education shall annually fix a schedule of minimum salaries which shall be paid to the teachers of the various classes prescribed by the State Board of Education, which salary schedule shall be uniform for each of the classes fixed by the State Board of Education with no differentiation being made because of subjects or grades taught. . . ."

The existing statutes provide adequate direction and authority to the State Board of Education.
2. That all efforts be directed toward putting into effect the entire longrange salary schedule which has been adopted by the State Board of Education.

This recommendation refers to all provisions of the schedule, including the recognition of experience for 13, 16, 18, and 22 years, instead of the present 10-year limit beyond which it has never been extended, as well as increasing the general average so as to reach and to surpass the national average salary.

It includes, also, the application of all additional funds from the State of Georgia, which become available for salaries, to the achievement of the recom mendation, insofar as possible, and it rejects any thought of approval of "across the board" increases.
3. That the State Board of Education proceed without delay to appoint a representative committee charged with the specific function of formulating the details of a new salary schedule to be ready for adoption upon the activation of the entire present salary schedule. This committee shall be directed to focus attention on good salary schedule structure and to give consideration to the in clusion of such features as:
a. Earned or incentive increments.
b. The attainment of higher salary levels by means other than additional teaching experience or training.
c. Factors relating to the effectiveness of teaching.
d. Specific categories for all professional personnel; teachers, principals, visiting teachers, curriculum directors, and superintendents.
e. An index-type schedule under which all increases are related, percentage wise, to a base figure for the salary of a beginning teacher with four years of college training.
4. That, in the event Federal Funds become available for salaries, these funds be allocated to the several school systems on a basis which will authorize the

MONDAY, JANUARY 8, 1962

55

employment of additional teachers above the state allotment, as well as for salary increases to state allotted teachers.

Under this recommendation, funds for the employment of additional teachers would be made available to a local system according to a plan submitted by the school system to and approved by the State Board of Education. It would be a requirement that such a plan would show the need for the additional teachers and the projected improvement in the educational program of the local system.

The subcommittee is cognizant of the fact that the activation of recommenda tions made in the report is contingent upon considerable revenue above current appropriations available to the State Board of Education. The need is apparent for all Georgians to unite in their efforts to meet this obvious challenge, as a significant way of continuing the progress of education.

Sam W. Wood, Chairman Ernest Anderson Mrs. Thelma Davis W. H. Drake Clyde Kimball Frank Hughes Claude Purcell, Consultant Paul West

THE GEA ADVOCATED SALARY SCHEDULE Presented by MFPE Salary Sub-Committee Approved by MFPE Full Committee
For 1961-62

6 Year Professional

1 2 3 4 7 10 13 16 19 22 25

1961-62

5000 5250 5500 5750 6000 6250 6500 6750

1961-62

5 Year Professional 1 2 3 4 7 10 13 16 19 22 25 4000 4050 4150 4300 4550 4800 5050 5300 5550 5800 6050

1961-62

4 Year Professional 1 2 3 4 7 10 13 16 19 22 3600 3650 3750 3800 4150 4400 4650 4900 5150 5400

1961-62

3 Year Professional 1 2 3 4 7 10 13 16 19 3000 3050 3150 3300 3450 3600 3750 3900 4050

1961-62

2 Year Professional 1 2 3 4 7 10 13 2700 2750 2800 3000 3050 3150 3250

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JOURNAL OF THE HOUSE,

PRINCIPALS--P-5 Same base salary as 5 year professional teacher plus $10.00 per month per teacher for 10 months from 1 through 25 teachers.

P-4 Same base salary as 4 year professional teacher plus $6.00 per month per teacher for 10 months from 1 through 25 teachers.

SUPERINTENDENTS--

Su 4--$2000

VISITING TEACHERS

VT 4-- $750

INSTRUCTIONAL SUPERVISORS--SV 4-- $750

Su 5--$3000 VT 5--$1200 SV 5--$1200

MPPE STUDY COMMITTEE REPORT TEACHER ALLOTMENT

The next sub-committee to report was an interim report on Teacher Allotment given by Chairman J. D. Salter of Waycross Schools. The salient points being:

1. Shift in population has caused inequities in present allotment method.

2. Need new formula that can be applied objectively and will be more equitable;

1. Should allot to school systems.

2. Should adequately staff schools

3. Base allotment on requirements to adequately staff each permanent school site with an adequate program.

3. It was considering the following formula:

(a) Elementary Ratio:

Schools up to 200 ADA Schools from 201-350 ADA Schools from 351-500 ADA Schools above 500 ADA

= 1 teacher to 27 ADA = 1 teacher to 28 ADA = 1 teacher to 29 ADA -- 1 teacher to 30 ADA

(b) High School Ratio:

Schools up to 250 ADA Schools from 251-300 ADA Schools above 600 ADA

= 1 teacher to 22 ADA = 1 teacher to 23 ADA = 1 teacher to 24 ADA

(These should be calculated at school site; allotted to School system; and county board should place them in the schools to the best advantage)

(c) Equalize small School Systems by plus allotments (fewer than 20 teachers --1 plus allotment to 10 allotted teachers)

21 to 30 teacher schools 31 to 40 teacher schools 41 to 50 teachers schools 51 to 75 teacher schools 76 to 100 teacher schools Above 100 teacher schools

-- 1 plus to 12 regular -- 1 plus to 15 regular -- 1 plus to 17 regular -- 1 plus to 20 regular -- 1 plus to 25 regular -- 1 plus to 50 regular

Recommend that principals not be counted in regular allotment.

MONDAY, JANUARY 8, 1962

57

(d) The above method will do:
1. Correct some inequities.
2. Even if it favors small systems, it will eliminate gross inequities and still give sparsely settled areas adequately staffed schools with mini mum educational program.
3. Will enable small schools to have a good program.
4. "Plus allotments" will take care of extra teachers as recommended by Vocational Sub-committee.
5. Total final report will allot more teachers (approximately 1900 count ing extra teachers as recommended by Vocational sub-committee)

This formula will need some final refinements; a work-sheet showing the application to each school system of this formula; and will (finally) need some additional change in the law. Sub-committee will report soon, showing application to each school system. Approximately 7 systems might lose some teachers under this formula.

MPPE REPORT ON TRANSPORTATION

Supt. Grayson Hill, Crisp County Schools gave the Sub-committee report on Transportation. He was assisted by Mr. DeFoor, Consultant & Director of Division of Transportation and School Plant Services, State Dept. of Education.

I. Weakness of present program:

1. Finding density by total square miles by number of transported pupils is unrealistic.

2. We attached the present law because it provides for 31 density group because it enables 25 counties (more populous) to fall in density groups by themselves or not more than 4 in group, causing certain counties to earn allocations equivalent or near equivalent to their expenditures.

3. 103 Counties of State over 10 years period have been losing transported pupils in one or both races. This causes these counties not to earn a fair share of the appropriation since they are losing children and have to continue traveling considerable distance to serve the pupils transported.

4. The current law says we shall multiply the median cost per pupil in each density group by the number of pupils transported. We object to the word shall.

II. The sub-committee is working along the lines of using the following formula:

1. Total pupils transported (each county) = Density per one way bus mile.

Total one way miles (each county)

(Transported pupils)

2. Arrange counties in ascending order by density.

3. Obtain total annual bus miles in each county (Total one-way x 2 x 180 days)

4. Obtain total operating expense (including salaries) (for entire year-- from annual report)

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JOURNAL OF THE HOUSE,

5. Total M & O exp. (incl. annual salaries) = Average cost per bus mile

Total Annual miles {in each county)

(each county)

6. Apply best fitting curve or straight line (which ever is applicable) to the Average cost per bus mile to determine the Adjusted Allowance per bus mile for each county.

7. Adjusted cost per mile x total annual mileage -- The learnings for each county dollar allotted in MFPE total budget (this would include local ef fort as well as State's part)

III. The Sub-committee stated:

1. That if a formula is found that is better than the one we now have, new legislation would be required. They stated that charts to show the appli cation of this formula to each school system would be available in the very near future and would be submitted with the final report.

2. The current law froze the base salary of drivers and the salary of those drivers employed in 1956-57. We would like to strike from the law the reference to the 1956-57 drivers.

REPORT OF THE COMMITTEE ON VOCATIONAL EDUCATION
After much discussion, the members of the Sub-Committee on Vocational Education arrived at the following conclusions:
1. The major problem which faces the Vocational Education Program, as far as the MFPE Law is concerned, is the present system of allotting teachers of Vocational Education. Quality programs cannot be offered in the high schools where they are needed because of teacher load. School administrators are reluctant to use up a full "teaching unit" under their state allotment for a vocational education program.
2. Vocational education is a program designed to meet through the public schools individual and community needs, both of in-school and out-of-school groups. It is the responsibility of the system board of education and school admin istrators to determine the vocational education offerings within the school system.
3. Vocational education is, and should continue to be, an integral part of the total school program.
4. Because of its uniqueness, vocational education requires special policies which by law are established by the State Board of Vocational Education in keeping with provisions of the Federal Act authorizing expenditures for vocational education.
5. Such policies should be well understood by school administrators; the nature of vocational education programs should be understood by school staff and lay groups.
6. School systems should have the right to plan the school program they want, to determine whether or not they should have vocational education programs, but should receive vocational support only in programs which are operated in accordance with vocational education policy.
7. Vocational education programs should be administered and supervised by local school administrators in a manner consistent with vocational policy.

MONDAY, JANUARY 8, 1962

59

8. Good, sound programs of vocational education should be available in each high school curriculum and should be operated in proper perspective to the total educational program.
9. The evaluation of vocational education programs is a continuing and constant process, the results of which are determined by the effectiveness of the staff, the pupils, and the community in planning programs, in organizing for action, and in progress achievement. Programs shouldl be reviewed constantly and revised whenever necessary to meet changing economic, social, and vocational needs.
10. Vocational education policies provide for part-time programs in certain schools where there are insufficient students to justify a full-time vocational education program.
11. We must make provisions for the 60% of our high school students who do not go to college. We must meet the needs of the changing economics pat terns of our communities. We can do this only by making it possible for our young people to receive the type of training which they need.
12. Therefore, the Sub-Committee on Vocational Education recommends that, in accordance with the last recommendation of this Sub-Committee which was approved by the total committee, relief be given to overloaded vocational teachers and academic teachers by allotting % of 1 additional teacher for each vocational teacher used in an approved and justified vocational program; and that such additional teachers be used at the discretion of the local school administrators.

REPORT OP SUBCOMMITTEE ON EDUCATION
TO: JOINT EDUCATION STUDY COMMITTEE AND OTHER INTERESTED PERSONS
INTRODUCTION:
Pursuant to the provisions of Senate Resolution 68 of the 1961 Session of the General Assembly a Subcommittee of the Education Committee of the Senate was appointed for the purpose of studying educational matters. The Subcom mittee is composed of five members and held its organizational meeting on July 17, 1961. Senator Dan F. Hart, 63rd District, was elected Chairman, Senator James M. Dykes, 14th District, Vice Chairman, Senator W. C. Long, 3rd Dis trict, Secretary, Senator Tom Veazey, 19th District, Attorney, and Senator Edgar D. Clary, Jr., 29th District, Treasurer. The above Senators also constitute the membership of the "Educational Rights Committee" which was created and appointed pursuant to Senate Resolution 51 of the 1961 Session. Consequently, at its organizational meeting the Subcommittee determined that it would be highly desirable and beneficial to coordinate its functions under both resolu tions rather than incurring additional expense by conducting separate studies. Therefore, it was decided that we would concentrate our first efforts on studying educational matters relative to certain provisions contained in Senate Reso lution 51 with a view towards inclusion under the broad study under S. R. 68. It was thought that this would be of assistance to the Joint Education Study Committee, to the entire General Assembly, and others.
The Subcommittee discussed its duties and responsibilities under the above resolution and determined that in order to properly carry out its functions it should ascertain the problems presented to other states in the area of its duties.

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Consequently, we visited the states of North Carolina and Virginia, during the week of August 7th.

While in those states, we talked to each Attorney General, the Assistants assigned to the Education Department, representatives of the State Department of Education and others in the educational field, including the principals of integrated schools and officials of local boards. Our discussion centered on the overall school integration problem.

FINDINGS:
In studying the Virginia situation, the subcommittee discovered many inter esting' facts as to how effective the changes in the school attendance and educa tion financing laws have been to accomplish their purposes. Virginia has a his tory, though not long in time, yet long in experience, in dealing with the current problems in the field of public education. That State began approaching the problem several years ago by enacting the now famous "Massive Resistance" Laws. These, of course, had to be abandoned. In searching for a course of action to follow, the legislature of Virginia settled upon a solution wholly con stitutional, financially feasible, and administratively workable. The State of Virginia determined to establish a program based on the theory that every child in the State possessed, as a constitutionally protected right, the right to freedom of choice and freedom of association. Having determined this basic issue, the General Assembly of that State enacted legislation to effectuate the program which would guarantee those rights mentioned above.
The people of Virginia found that if their compulsory school attendance laws were maintained and enforced as they then stood, the basic right of freedom of association would be denied. The law at that time, as the Georgia law now does, required each child falling within a certain age group to attend school. Since children attending public schools were not allowed to transfer to schools located outside their particular county, they were necessarily forced to attend public schools within their county. Oftentimes the enforcement of this law led to forced mixing of the races, in numerous cases creating insufferable and in tolerable situations and in all cases denying the right of freedom of association and freedom of choice. Therefore, the legislature of Virginia, realizing that the closer to the people any part of governmental operation can be placed, the more effective and popular that governmental operation will be, gave to the local school boards the option of suspending operation and enforcement of the com pulsory school attendance law and reinstating the same at any time in the area of the local board's jurisdiction. This legislation left the local units with the option of forcing the children to attend school or not to do so. The immediate result of this action was to leave the decision up to the local populace who were most directly affected by forced school attendance under intolerable conditions. No deleterious effect has yet to be discovered in Virginia due to this action. School attendance has not dropped while children retain inviolate their rights of freedom of association.
The problem then was: If the children are not forced to go to school, and they will not go to a school wherein the races are mixed, where can they go to school? Virginia effectively avoided this obstacle by enacting a tuition grant law whereby students might apply for and receive scholarship grants from the State to use in attending private non- sectarian schools or public schools in a different locality. To avoid needless confusion and delay in receiving the grants, the Virginia Act further provided a specific amount to be granted from the

MONDAY, JANUARY 8, 1962

61

State to each student applying therefor. By the same Act, the county or local units could supplement this grant in any amount it so chose. If a student then did not desire to go to a school where the situation was intolerable he could receive the State grant and attend a private non-sectarian school wherever located or a public school without his locality.

The Virginia laws discussed above have been in operation since 1960. They have been highly successful both in operation and administration. Contrary to pessimism voiced at the outset of this legislation, school attendance has not dropped and the public school system has not been injured (see Preliminary Report, August 25, 1961 of this Subcommittee).

Georgia's Tuition Grant Act has been patterned after Virginia's and its pur pose is the same as that of Virginia. Georgia can gain the benefit of Virginia's experience without suffering the set-backs that Virginia suffered in discovering its solution. The plan of Virginia has been highly successful and popular wth the people, evidenced by the fact that the Democratic nominee for Governor of that State, Albertis S. Harrison, won an overwhelming victory over his opponent in the last election by pledging his support of and his dedication to the preser vation of the existing Tuition Grant Act of Virginia. Georga's Act does not contain the comprehensive and refined provisions of the Virgina Act. There fore, to effectuate a broadening of Georgia's Act so that it may operate as suc cessfully as Virginia's, this subcommittee offers the following recommendations to the Committee on Education and to the General Assembly of Georgia.

RECOMMENDATIONS:
1. That the possibility of prescribing in the Act a specific sum of money for each child equal to the average state aid for each child subject to the pro visions of the Act, regardless of the county of residence of the child, be investi gated.
2. To supplement the effect of the latter recommendation, the subcommittee also recommends that the provisions of the Act should be financed from State funds, allowing the local units to supplement the grants if the local units desire to do so.
3. That grants be given for attending non-sectarian private schools and public schools located without the applicant's local residence unit.
4. That the compulsory school attendance law be amended so as to provide that the local school boards may at their option suspend and reinstate at any time the enforcement of the compulsory attendance law in the county of the local board's jurisdiction.

CONCLUSION:
The subcommittee has in its possession and plans to exhibit pertinent statis tics showing that the implementation of the Tuition Grant Act has been highly successful in maintaining that freedom of association guaranteed by our system of government and law. Virginia, by enacting this legislation, made it possible for all of its school children (regardless of their financial ability to pay) to maintain the right of freedom of choice and association.
It is the opinion of this Committee that the authority of suspending and reinstating the compulsory school attendance law being placed in the local

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JOURNAL OP THE HOUSE,

school board's discretion will most effectively carry out the wishes of the people of Georgia and the localities affected.

This subcommittee finally recommends that legislation be enacted to imple ment the recommendations contained in this report. To do this would be to affirm and effectuate the present administration's commitment to a course of freedom of choice and association. Unless this course be followed and the recom mendations herein contained be effectuated, there is not and will not be freedom of association or of choice and the forced attendance of the mixed races in our public schools is inevitable.

The subcommittee incorporates by reference in this report the preliminary report issued on August 25, 1961.

Respectfully submitted:

Dan F. Hart, 53rd District, Chairman James M. Dykes, 14th District, Vice-Chairman W. C. Long, 3rd District, Secretary Tom Veazey, 19th District, Attorney Edgar D. Clary, Jr., 29th District Treasurer

REPORT AND RECOMMENDATIONS OP THE BUDGET STUDY COMMITTEE
Submitted to: Honorable S. Ernest Vandiver Governor of the State of Georgia
Honorable Garland T. Byrd Lieutenant Governor of the State of Georgia
Honorable Geo. L. Smith, II Speaker of the House of Representatives All Members of the Georgia General Assembly
352 State Capitol Atlanta, Georgia
November 29, 1961
I
The Budget Study Committee, as authorized by Senate Resolution No. 75, for the purpose of making a study of the budgetary systems and the financial administration of other states in order that a comparative analysis relative to the existing situation in Georgia might be made, was composed of the following members:
Representative Charles A. Pannell Representative P. T. McCutchen Representative Norman B. Doster Representative Carl T. Barrett Representative Marvin L. Summers (resigned) Representative J. A. "Jim" Andrews

MONDAY, JANUARY 8, 1962

63

Representative Jack B. Ray (resigned) Representative George T. Smith Representative A'Delbert Bowen Representative Wilson B. Wilkes Representative Hiram K. Undercofler Representative Alpha A. Fowler, Jr. Representative Colquitt H. Odom Senator Carl E. Sanders Senator Sam J. Gardner, Jr. Senator J. W. Claxton Senator Harry C. Jackson Senator W. T. Jones

The Committee was duly organized with Representative Charles A. Pannell as Chairman and Senator Sam J. Gardner, Jr. as Secretary.

An intensive study of the Georgia budgetary system and of the budgetary systems of several other states has been made. The Committee, in addition thereto, has visited the States of Florida, Kentucky and North Carolina to observe their systems in action. From these studies, we have found that Georgia's budget law, dating from 1931, pertaining to a budget system, has not been fully utilized by the General Assembly. The compilation of budget information and requests has not been required in Georgia to the degree that they are required in some of our sister states. At the same time, the Committee found that the post-auditing system of the State of Georgia is very comprehensive and complete. It is one of the best in the nation, and Mr. B. E. Thrasher, Jr. is to be commended.

Some of the items recommended in this Report are presently provided, or partially provided, by the existing statutes. They have been repeated in these Recommendations and carried as recommendations in order to make the Report of the Committee, with regard to State fiscal operation, complete and coherent.
To have a total picture of a State's financial position, and the total financial program envisioned in the Appropriation bill which they are asked to consider, we think the Legislature should have a complete Budget Report, as set forth in Section VI of this Report, submitted to them, including financing from sources other than the General Fund of the State; the long-range effect of the proposed programs; the relationship of the operating portion of the Budget to the capital improvements proposed during the period under consideration and general govern mental activities. These should be presented with formal, accompanying docu ments specifically related to the appropriation proposed.
A complete system of budgeting for a State government should contain all procedures necessary for the effective proposal, appropriation and administration of the State's financial program.

Budget Responsibilities
1. The preparation and formulation of the budget plan is, and should be, the responsibility of the Executive branch of government. Those who have the responsibility of operating the various departments of State government are in the best position to know their needs--both present and future.

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(a) The Governor, by virtue of his office, should be the Budget Director of the State. He, by a Budget Report, Budget Message and a pro posed Appropriation Act, should present his policies and programs to the Legislature for its consideration and enactment.
(b) The Budget Bureau, presently established by statute in the Office of the Governor, should be made a separate agency of the Executive Department. Required staff personnel should be employed as soon as possible to assist the State Budget Officer in the preparation of the Budget Report for the next biennium (that is, the Budget Report to be submitted to the General Assembly covering the period July 1, 1963 through June 30, 1965).
(c) The General Assembly should appropriate funds during the 1962 Session for the operation of the Budget Bureau.
(d) The administrative head of the Budget Bureau should be the State Budget Officer, appointed by the Governor to serve at his pleasure.
(e) The State Budget Officer should be authorized to employ analysts, economists and such other personnel as he may deem necessary to carry out the duties assigned to the Budget Bureau. Such personnel should be employed under the State Merit System and should be professional, career personnel.
(f) The State Revenue Department should furnish the Budget Bureau with estimates of revenues to be collected by that department. In addition to estimates for the current year and for the next biennium for which the Budget is being prepared, the Revenue Department should furnish the Budget Bureau with long-range estimates of revenues. These estimates of revenues should be presented and analyzed in considerable detail, with careful explanations of assump tions adopted and methods employed in making the estimated pro jection. To carry out these responsibilities, as well as to provide the General Assembly with better information on the issues of present and projected taxation measures, the Commissioner of Revenue should establish a Revenue Research Section and employ a limited staff of economists and tax research specialists.
2. The enactment of the budget plan in the Appropriation bill is the re sponsibility of the General Assembly. No funds can be expended unless authorized by the General Assembly, by and through its actual appro priation. The General Assembly, to intelligently perform this duty, should have available all information upon which the Budget is formulated.
3. The management and execution of the budget plan, as enacted through the Appropriation Act, is the primary responsibility of the Executive branch of government. The Chief Executive should be provided with the means of regulating and controlling the expenditure of funds.
4. The post-audit is a legislative function, and the post-auditor should be solely responsible to the Legislature for the post-audit, as now required by law.

II
We recommend that the statutes relating to a budget preparation and sub mission be amended to provide for a more orderly procedure of gathering informa tion required for the proper presentation of a complete Budget Report for con-

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sideration by the General Assembly. We believe this can be best accomplished if provision is made for the following:

Preparation and Submission
1. The use of standard forms prescribed by the Budget Bureau for the compilation of original estimates by all agencies and departments in the Executive branch.
2. The establishment of procedures for the preparation of estimates by the various State agencies and for the furnishing of justification and sup porting data.
3. The establishment of a budget calendar for completion of the various steps in the process of preparing the Budget.
4. The preparation of a Budget Report by the Governor, through the Budget Bureau. A copy of the same should be furnished to each member of the Legislature at least forty (40) days before the convening of the General Assembly at its first, or organizational, session in order that the members may have sufficient time to familiarize themselves with its contents.
III
Pre-legislative Conferences
The Committee strongly recommends that pre-legislative budget conferences be held. Such conferences should include the Governor, the Governor-Elect, the Lieutenant Governor, the Lieutenant Governor-Elect, the Budget Officer, the State Auditor and all members-elect of the incoming Legislature. The location and agenda for such conferences should be set up by the Governor and/or the Governor-Elect.
IV
Upon, the convening of the organizational session of the Legislature, the Governor should, as directed by the Constitution, present his Budget Message and a proposed General Appropriation bill, which should contain a comprehensive financial program for the State and which should also include the following:
Budget Message
1. A general summary outline of the major features of the Governor's financial plan.
2. Explicit statements on any additions or changes from the amounts set forth in the Budget Report which are made in the proposed General Appropriation bill. The Governor should include his recommended methods for financing those additions or changes which involve added expenditures.
3. A description of the proposed capital improvements program for the biennial period.
4. Any new revenue proposals and estimated income therefrom.
5. Such other information as the Governor may deem desirable.

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General Appropriation Bill
An Appropriation Act containing only the amount or amounts proposed to be appropriated, the purposes for which the appropriations are to be used and the agencies to which the appropriations are to be made.

V
The Committee recommends that the statutes dealing with budget prepara tion and execution and appropriation be brought together in one section for the purpose of clarification and elimination of conflicts.

It is Further Recommended That
1. The present method of appropriation, providing for emergency and con tingent appropriations, should be replaced by the following:
(a) Use of the allotment system to limit expenditures to revenues.
(b) Provision for a specific amount in the General Appropriation bill from which emergencies might be met.
(c) Elimination of the contingent section of the Appropriation Act.
(d) Proposal of a Budget and Appropriation Act which shall be within the estimated funds available.
(e) Appropriation to a State Operating Reserve.
2. Appropriations to be made for a two-year period.
3. All records of the Budget Bureau should be available to the General Assembly at all times.

VI
Budget Report
The Budget Report should contain revenue receipts classified by fund and source for the previous two years; anticipated receipts for the current fiscal year, classified by fund and source; anticipated surplus or deficit for the current fiscal year; anticipated receipts for the two fiscal years following the current fiscal year; anticipated surplus or deficit for the two fiscal years following the current fiscal year; expenditures for all budget units for each of the last two years; estimated expenditures for the current fiscal year and proposed ex penditures for each year of the biennium of the proposed General Appropriation bill. The Budget Report should show on a comparative basis for each budget unit, the expenditures proposed for each year and the source of funds from which the recommended expenditures are to be made, and in the following major categories:
1. Personal Services
2. Operating Expenses
3. Authority Payments
4. Capital Outlay

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VII
Execution of the Budget
1. Funds appropriated by the General Assembly should be made available to the departments and agencies for expenditure on an approved quarterly allotment basis, as provided in existing statutes. In considering depart mental requests for quarterly allotments, the Budget Bureau should make such studies as are deemed to be necessary to determine the need and purpose of the proposed expenditure and approve the same. Copies of the approved allotments should be transmitted to the State Auditor prior to the transfer of funds to the department against the allotment. Funds should be made available to the department as required for expenditure on warrant properly signed. We further recommend that as soon as practicable, the post-audit function be completely separated from the execution of the Budget.
2. The Governor, through the Budget Bureau, should be authorized to reduce appropriations pro rata if funds available for the fiscal year are in sufficient to meet appropriations; any restoration of funds by the Budget Bureau shall be on a pro rata basis.
3. The Budget Bureau should be authorized to reduce or withhold such amounts of the individual quarterly allotment requests as it determines in excess of the needs of the agency. Such withheld funds shall not be transferred to any other department.
4. Whenever any function or activity is transferred from one department or agency to another, the funds allocated for such function or activity should also be transferred.
5. All departments or agencies collecting taxes, fees and assessments, re quired by law to be paid into the General Fund of the State Treasury, should remit these receipts to the Treasury by the fifteenth of the month following the month of collection.
6. All funds allotted or appropriated to any agency, which at the end of the fiscal year are not required to cover specific, executed contractual obligations of the agency, should forthwith lapse to the General Fund and not be available for expenditure except as appropriated by the General Assembly.
VIII
General Recommendations
1. More adequate provision should be made to permit a Governor-Elect to familiarize himself with the fiscal affairs prior to his inauguration.
2. The procedures recommended herein should be implemented as soon as possible so as to be effective for the next Budget and Appropriation Act to be enacted by the 1963 General Assembly.
3. The staff of the Office of the State Auditor should be expanded to in clude additional professional, qualified personnel to assist, advise with and report to the General Assembly, and specifically, the appropriating and revenue-raising committees of both Houses.
4. The studies of the Committee, in comparing the overall budget systems of several other states, have shown that the practice in these states is for the General Assembly to appropriate the full amount of estimated

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income and any available surplus. These states provide a specific sum as an emergency fund for the Governor to apply as emergencies arise during the year.
(a) Florida provides $500,000.00 per annum.
(b) Kentucky provides $500,000.00 per annum.
(c) North Carolina provides $1,750,000.00 per annum.
Emergencies in these states are held not to include the inauguration of new programs or the expansion of existing programs. We recommend that this general definition of emergencies be followed in Georgia and that this amount be held to the minimum necessary to meet actual emergencies.
5. The Budget Bureau should be charged with the responsibility of pre senting to the General Assembly on the occasion of each Appropriation bill, as set out in these Recommendations, a capital outlay budget covering all capital expenditures for the succeeding biennium, together with a plan for financing work to be done over the next three (3) years beyond this biennium. The capital outlay budget should include Authority lease pro posals, as well as those projected for all the operating agencies.
6. The present $21,641,254.13 carried in the Income Equalization Account should be specifically appropriated to, and hereafter referred to, as a State Operating Reserve. The Committee has determined that in view of the Constitutional prohibition against State borrowing, such an Oper ating Reserve is essential for the uninterrupted, sound fiscal operation of the State and recommends that such a fund be carried unavailable for other appropriations.

IX
Recommendations for Further Action
1. It is recommended that a committee be appointed for the year 1962 to continue studies pertaining to the Budget; pre-auditing; accounting; col lection of funds; Authority financing and administration; the advisability of having separate budget sessions; advisability of engineers to check performance and materials; procedures for capital outlay budgets and other related matters.
2. A bill embodying the principles of these Recommendations will be pre pared for submission to the members of the 1962 General Assembly, and copies of the same will be mailed to you as soon as possible.

The Committee would like to express its sincerest appreciation to the fol lowing persons in the State of Florida, North Carolina, Tennessee and the Com monwealth of Kentucky who were most helpful in the studies undertaken in these states. Without exception, the legislative officers, the state executives, the budget officers and their staffs were most generous with their time, and made available to the Committee, information regarding interworkings of their state budgetary procedures and practices, which were invaluable in the studies of the Committee, and without which, no real understanding of the operations of these states could have been obtained. The generosity of these individuals in lending their personal assistance to our effort is representative of the little

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recognized, but constant cooperation between our own State and her sister states, and gives real meaning to the official expressions of interstate cooperation.

Prom the State of Georgia
Honorable S. Ernest Vandiver Governor of the State of Georgia
Honorable Garland T. Byrd Lieutenant Governor of the State of Georgia
Honorable Geo. L. Smith, II Speaker of the House of Representatives
Honorable B. E. Thrasher, Jr. State Auditor
Honorable Benton Odom Former Treasurer State Highway Department
Honorable Dick Williams Treasurer State Highway Department
Honorable Marshall Spruill State Highway Department
Honorable George B. Hamilton Treasurer Emeritus
Dr. M. W. H. Collins Director The Institute of Law and Government The University of Georgia
Miss Janette Hirsch Assistant Clerk Clerk of the House of Representatives' Office
Miss Amelia Smith Assistant Clerk Clerk of the House of Representatives' Office

From the State of Florida
Honorable Farris Bryant Governor of the State of Florida
Honorable Harry G. Smith Budget Director

From the Commonwealth of Kentucky
Honorable Bert Combs Governor of the Commonwealth of Kentucky
Honorable L. Felix Joyner Executive Director The Turnpike Authority of Kentucky

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Honorable Lawrence W. Wetherby Ex-Governor of the Commonweath of Kentucky
Honorable Harry King Lowman Speaker of the House of Representatives
Honorable Thomas L. Ray Majority Leader The House of Representatives
Honorable Robert P. Matthews Commissioner of the Department of Finance
Honorable Robert M. Cornett Budget Director
Honorable William Herzel Research Director
Honorable Jack Blanton Budget Analyst
Honorable Russell McClure Budget Analyst

From the State of North Carolina
Honorable Terry Sanford Governor of the State of North Carolina
Honorable D. S. Coltrane Director The Department of Finance
Honorable Frank B. Turner State Property Officer
Honorable Willis Holding, Jr. Assistant State Purchasing Officer
Colonel R. W. House Federal Property Officer
Honorable Charles R. Holloman State Budget Officer
Honorable John R. Jordan, Jr. State Senator
Honorable Thomas H. Woodard State Representative
Honorable Joseph M. Hunt, Jr. Speaker of the House of Representatives
Dr. William Friday President The University of North Carolina
Honorable L. D. Moore Administrative Assistant

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71

Honorable 0. B. Brown Budget Analyst

From the State of Tennessee
Honorable Harlan Mathews Commissioner Department of Finance and Administration

There were many others who worked with the Committee, and for their co operation and assistance, the Commissioner extends its appreciation. We would also like to thank Honorable Frank H. Edwards, Legislative Counsel; Honorable Sidney B. Shepherd, Deputy Legislative Counsel, and Honorable Ernest B. Davis, Budget Officer, for their able assistance.
Respectfully submitted:
Charles A. Pannell, Chairman Representative, Murray County
Sam J. Gardner, Jr., Secretary Senator, 47th District
P. T. McCutchen Representative, Gilmer County
Norman B. Doster Representative, Wilcox County
Carl T. Barrett Representative, Cherokee County
J. A. "Jim" Andrews Representative, Stephens County
George T. Smith Representative, Grady County
A'Delbert Bowen Representative, Randolph County
Wilson B. Wilkes Representative, Cook County
Hiram K. Undercofler Representative, Sumter County
Alpha A. Fowler, Jr. Representative, Douglas County
Colquitt H. Odom Representative, Dougherty County
Carl E. Sanders Senator, 18th District
J. W. Claxton Senator, 21st District
Harry C. Jackson Senator, 24th District
W. T. Jones Senator, 23rd District

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REPORT OF HOUSE REAPPORTIONMENT STUDY COMMISSION
(HOUSE RESOLUTION 296)
The REAPPORTIONMENT STUDY COMMISSION of the Georgia House of Representatives was created by House Resolution No. 296 of the 1961 Session. As stated in the Resolution, the Commission was created "to study the advisa bility of reapportioning representation in the Congress and in the General As sembly of Georgia among the counties of this State and to file a report of its findings and recommendations with the next session of the General Assembly of Georgia, to be held in January, 1962." The Commission reports as follows:

PART I FINDINGS April 20, 1961--Commission Organizational Meetings: Present were-- Rep. Frank Twitty of Mitchell County, elected Chairman; Rep. Roy McCracken of Jefferson County, elected Vice-Chairman; Rep. Joe Underwood of Montgomery County, elected Secretary; Rep. Jimmy Conner of Jeff Davis County, member Rep. Render Hill of Meriwether County, member Rep. Guy Rutland of DeKalb County, member Rep. Robert L. (Bob) Scoggin of Floyd County, member.

The Commission commends all news media throughout the State for much advance publicity of the many meetings held in Atlanta, and one meeting each held in Macon, Augusta and Savannah. Despite repeated solicitations, invitations, editorial urgings, and highly publicized notices of all meetngs, the Commission was disappointed at the apparent lack of interest on the part of the public. How ever, there were appearances before the Commission as follows:
Atlanta on May 31, 1961--
1. Attorney Charles Bloch of Macon, Georgia
2. Attorney Carter Pittman of Dalton, Georgia
3. Hon. Clark Harrison, Foreman DeKalb Grand Jury
4. Hon. Bill Montague, representing Organized Labor
5. Senator Hugh McWhorter, representing the DeKalb County legislative delegation.

Written statements, presentments, or resolutions from the above, as well as from most of those listed hereinafter, are on file in the Office of Legislative Counsel.
Atlanta on June 7, 1961--
1. Attorney Frank Cheatham of Savannah, former Representative,

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2. Mayor of Savannah, Malcolm MacLean,
3. Attorney Shelby Myrick, Jr., of Savannah,
4. Hon. Prank Shackelford, Atlanta Chamber of Commerce
5. Hon. Ivan Alien, Jr., Mayor-elect of Atlanta, also President of Atlanta Chamber of Commerce,
6. Representative Wilson Brooks of Fulton County, co-author of resolution creating this commission,
7. Attorney Charles L. Weltner, of Counsel for Plaintiffs attacking county unit system in Savannah Federal Court cases,
8. Mrs. Betty Vinson, representing State of Georgia League of Women Voters.

Atlanta on June 14, 1961--
1. Attorney B. D. Murphy of Atlanta, of counsel in every case successfully defending Georgia's county unit system,
2. Attorney Joseph Lefkoff, of counsel for plaintiffs attacking county system in Savannah Federal Court cases,
3. Hon. Gus Bernd, City Councilman and publisher, of Macon, Georgia,
4. University of Georgia students,
5. Mercer University students,
6. Hon. Jimmy Dorsey of Atlanta, representing the Republican Party in Georgia,
7. Hon. Jarvin Levinson, Chairman of City of Atlanta Republican Party,
8. Professor Cornelius, Agnes Scott College,
9. Attorney Israel Katz of Atlanta, President of and Representing Active Voters,
10. Hon. Howard Smith of Atlanta, mayor candidate.

Macon on August 9, 1961-- 1. Mrs. Pete 0. Holiday, President of Macon League of Women Voters, 2. Hon. Homer E. Bostic of Bibb County, 3. Hon. Buckner Melton of Macon, 4. Mayor Ed Wilson of Macon, former Representative from Bibb County, 5. S. R. Thomas, Sr., colored citizen of Macon.
Augusta on August 10, 1961-- 1. Mayor Millard Beckum of Augusta, 2. Mrs. Pete Bannister, President of Augusta League of Women Voters, 3. Hon. Mike Padgett, Chairman Richmond County Commissioners; also representing all Tenth Congressional District county commissioners,

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4. Hon. Melvin Bell of Milan, Georgia, 5. Attorney Roy Harris, former Speaker of House, Augusta, 6. Judge John Jones of Waynesboro, 7. Attorney Bill Dawson of Augusta, 8. Representative Preston Lewis of Burke County, 9. Representative J. B. Fuqua of Richmond County, 10. Hon. Pierce King, former Representative from Richmond County, 11. Attorney Sam Waller of Augusta, 12. Hon. J. K. Woodall of Augusta.

Savannah on August 11, 1961-- 1. Hon. William F. Lyons, Chairman of Chatham County Commissioners, and all other commissioners, 2. Hon. John W. Sognier, former Representative and County Attorney of Chatham County, 3. Hon. Malberry Smith, Jr., Savannah Attorney, former state senator, 4. Hon. Willis J. Richardson, Attorney representating Savannah Civitan Club, 5. Hon. Erwin Friedman, representing Young Lawyers Club, Savannah Bar Association, and Savannah Jaycees. 6. Hon. Mitchell Dunn, Young Lawlyers Club, and Jaycees of Savannah, 7. Hon. Aaron Bushman, Attorney and member of Jaycees of Savannah,
8. Hon. William J. Schandolph, Chairman, Governmental Affairs Commit tee, Savannah Chamber of Commerce,
9. Hon. L. M. Nunn, representing Savannah Trade Labor Unions, 10. Hon. E. R. Culpepper, representing Savannah Trade Labor Unions,
11. Hon. C. S. McKinney, representing Savannah Trade Labor Unions, 12. Hon. Clyde Hossingsworth, Editor of "Sylvania Telephone", Sylvania,
Georgia, 13. Hon. Robert A. Cronin, member Savannah Jaycees, Young Lawyers Club, 14. Hon. Albert Remler, member Savannah Jaycees, Young Lawyers Club, 15. Attorney W. R. Deal, Pembroke, Georgia,
16. Hon. George M. Byrd, Sr., Metter, Georgia, 17. Mrs. John Angell, President of Savannah Junior League, 18. Mrs. William M. Roberts, representing States Rights Council, 19. Hon. Abram Eisman, Publisher and Radio Executive, Savannah, Georgia,
20. Mrs. Walter Benefield, representing Savannah League of Women Voters,

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21. Mrs. Sara Hanes, President Savannah Business and Professional Women's Club,
22. Hon. Henry Levy, Architect, representing Savannah Kiwanis Club. 23. Attorney Gene McCracken, 24. Hon. Harris Slaton, Savannah, 25. Hon. Julius Budail, Savannah, 27. Mrs. Worrell, representing Chatham Citizen's Council.

Meanwhile, subcommittees visited outside Georgia to seek firsthand informa tion about the reapportionment situation in other states. All states visited have apportionment problems. On file is a report from the subcommittee headed by Representative Render Hill pertaining to Alabama and a report from the sub committee headed by Robert L. Scoggin pertaining to Tennessee. Other reports as well as briefs and pleadings in the cases involving reapportionment are also on file.

Legislative Counsel Frank H. Edwards and his staff have done excellent work in obtaining and compiling much information from other states upon this subject of reapportionment. Florida, Arkansas, Illinois, Kentucky, Montana, Texas, Nevada, Colorado, North Carolina, New York, and South Dakota were among responding states, furnishing Mr. Edwards and the Commission vital information. The Legislative Counsel staff also compiled and furnished each Commission member a valuable "Brief of the Constitutional and Statutory Pro visions Relating to Apportionment", of 47 states. Copies thereof are filed in the Office of Legislative Counsel, and in the Office of the Clerk, House of Representatives.

PART II
RECOMMENDATIONS
We wish to state that based upon our study of the problems of other states regarding apportionment, we have determined that Georgia has no greater problem than many other states, and, in fact, is better situated than many states. We emphasize this point because a large number of our citizens are under the erroneous impression that this is a situation which is peculiar to Georgia and which exists no place else in the United States. Just as the founding fathers of American Government evolved one system embracing representation in our gov ernment upon both a population basis and a geographical basis, so does this Commission recommend continuing same within Georgia's government.

The Commission therefore makes the following recommendations:
No. 1. We do not recommend any changes in the Congressional Districts of Georgia at this time.
No. 2. For the sake of more efficient operation of the General Assembly of Georgia, when any change is made in the House of Representatives or in th Senate, we recommend that the membership be reduced rather than increased.
No. 3. In order that membership in the General Assembly be based upon population and geography we recommend that changes be made in the State Senate. We recommend that State Senatorial Districts be realigned so that all

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counties having a population of 65,000 or more be allowed one Senator each. For the next 150,000 population over 65,000 an additional Senator be allowed, and for each 300,000 population over 215,000 an additional Senator be allowed. We recommend that the remainder of the counties in the State be grouped into Senatorial Districts having a population of approximately 65,000 each, and that no county in any such group in the State be divided. We further recom mend that State Senators be allowed to succeed themselves and that the terms of Senators be increased from the present two year terms to terms of not less than four nor more than six years, with terms being staggered. It should be borne in mind that recommendations included herein will necessitate amending the Constitutions.

No. 4. Inasmuch as the county unit system of voting in primary elections is based upon the number of members of the House of Representatives in each county, it was natural that such a study as the one given to the Commission would bring forth references and statements relative to the county unit system. In view of the fact, however, that the resolution creating the Commission only authorized a study of reapportionment, the Commission feels it is without authority to make any recommendation pertaining to the county unit system. However, the attention of all members of the General Assembly is hereby called to the fact that all reports1 and testimony with reference to this subject are on file with the Commission and the Office of Legislative Counsel and the Com mission recommends that the same be made available to the members of the General Assembly for such further study as they deem advisable.

No. 5. We further recommend that a copy of this report be mailed to all members of the General Assembly.

This 31st day of October, 1961.

Prank S. Twitty, Mitchell County, Chairman
J. Roy McCracken, Jefferson County, Vice-Chairman
Joe C. Underwood, Montgomery, County, Secretary
Jimmy Conner, Jeff Davis County, Member
Render Hill, Meriwether County, Member
Guy W. Rutland, Jr., DeKalb County, Member
Robert L. Scoggin, Floyd County, Member

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REPORT OF STUDY ON THE ADVISABILITY AND FEASIBILITY OF CONSTRUCTING A NEW MANSION FOR GEORGIA'S GOVERNORS

Submitted on November 28, 1961 by the Committee Created in accordance with House Resolution No. 235-694

Regular Session 1961

CONTENTS OF THE REPORT

I PREAMBLE
General Assembly's Action Setting Up The Committee Full Text of the Resolution Personnel of the Committee

Page 1 1 4

II THE COMMITTEE'S REPORT

How the Committee Proceeded

5

Needs, Purposes, Requirements

5

The Present Mansion--How Does It Measure Up?

7

The Committee's Finding

9

The Search for a New Site and a Recommendation

10

In Summary: A Mansion of Which All Georgia Would Be Proud

13

I PREAMBLE
General Assembly's Action Setting up the Committee
Declaring that the official residence of the Governors of Georgia should reflect great credit upon our Sovereign State, and that the present Mansion is undesirable for its purpose, the 1961 General Assembly initiated a study of this matter.

It did so by passing House Resolution No. 235-694 creating a Special Committee . . .
". . . to study the advisability and feasibility of constructing a new Governor's Mansion."

The resolution set forth the belief that "a new Governor's Mansion would be of great benefit to the State and would be an achievement to which the citizens of Georgia could point with justifiable pride".

It pointed out that most of the various departments of the State Govern ment are now housed in adequate quarters and that the Governor's office is now in a condition befitting the office of the Chief Executive of the State. It went on to say that it is fitting and proper that the mansion used for the official and private residence of Georgia's Chief Executives should be such as to portray and reflect the charm, the hospitality and the graciousness of the State of Georgia.

Full Text of the Resolution
The full text of the resolution indicates the feeling of the General Assembly. It follows:

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"A RESOLUTION

"Creating a committee relative to the construction of a new Governor's Mansion; and for other purposes.

"WHEREAS, after many long years, most of the various departments of the State Government are housed in quarters which are adequate and which are conducive to better working conditions; and

"WHEREAS, the Governor's office has been renovated and is now in a con dition befitting the office of the Chief Executive of the sovereign State of Georgia; and

"WHEREAS, in keeping with this trend, it is only fitting and proper that the residence of the Governor of Georgia portray and reflect the charm, the hospitality and the graciousness of the State of Georgia; and

"WHEREAS, the present abode of the Chief Executive is a cold, gray, austere, medieval structure and is not at all desirable as a residence for the Chief Executive; and

"WHEREAS, the acquisition of a new Governor's Mansion would be of great benefit to the State and would be an achievement to which the citizens of Georgia could point with justifiable pride;

"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to be known as the Governor's Mansion Committee. Said committee shall be composed of three members of the House to be appointed by the Speaker, two members of the Senate to be appointed by the President, the State Auditor, the Secretary of State, and four laymen to be appointed by the Governor. The Secretary of State shall be chairman of the committee. All members of the committee, except the State Auditor and the Secretary of State, shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The State Auditor and the Secretary of State shall receive the compensation provided by law for ex officio offices.

"The committee shall elect a vice-chairman, a secretary and such other officers as deemed desirable. The committee shall meet upon the call of the chairman and under such other procedures as may be adopted by the committee. All members of the committee shall be notified as to the time, place and date of all meetings. A majority of the membership of the committee shall constitute a quorum for the conducting of the business of the committee, but a majority vote of the entire membership of the committee shall be necessary for the transacting of business by the committee.

"The committee shall make a report of its findings and recommendation on or before December 1, 1961, on which date the committee shall stand abolished. The legislative members of the committee shall be paid from the funds appro priated to or available to the legislative branch of the government, and the Secretary of State and the State Auditor shall be paid from funds appropriated for that purpose. The laymen members of the committee shall be paid from funds appropriated to the Executive Department. The committee shall study

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the advisability and feasibility of constructing a new Governor's Mansion." Personnel of the Committee
Subsequently, the committee was duly appointed as follows:
From the House:
J. B. Puqua Owner - TV Station WJBP Augusta, Georgia
Quimby Melton, Jr. Newspaper Editor - Farmer Griffin, Georgia
From the Senate:
Otto Griner Farmer, Banker, Oil and Fertilizer Ocilla, Georgia
The State Auditor:
B. E. Thrasher, Jr. State Auditor 115 State Capitol Atlanta, Georgia
The Secretary of State:
Ben W. Fortson, Jr. Secretary of State 214 State Capitol Atlanta, Georgia
The Four Lay Members:
Peter J. Knox, Jr., President Knox Homes Corporation Thomson, Georgia
W. S. Stuckey, President Stuckey's Candy Manufacturers Eastman, Georgia
Robert H. Smalley, Jr. Attorney at Law
Beck, Goddard, Owen & Smalley Griffin, Georgia
Roy Richards, President Southwire Company Carrollton, Georgia
Ben S. Gilmer, President Southern Bell Telephone and Telegraph Company Atlanta, Georgia
Mills B. Lane, Jr., President The Citizens & Southern National Bank Atlanta, Georgia

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II THE COMMITTEE'S REPORT
How the Committee Proceeded
The Committee began its work with its first meeting on June 15, 1961. It met several times between the date of its first session and the preparation and conclusion of this Report.

It sought and obtained the advice and suggestions of former Governors and their wives. Many valuable and helpful suggestions came from the former First Families who have actually lived in the present mansion.

The Committee members consulted many other persons in Georgia as the study proceeded. The Committee inspected a number of land tracts and existing structures.

It sought and obtained knowledge of the experience of other states of the nation. It found that several have made similar mansion feasibility studies in recent years. Some have already built new mansions and others are moving in this direction.

It sought and obtained knowledge of the experience of other states of the nation. It found that several have made similar mansion feasibility studies in recent years. Some have already built new mansions and others are moving in this direction.

Needs, Purposes, requirements
Out of Georgia's own experience, and confirmed by the experience of other states which have provided modern and adequate mansions for its governors in recent years, there evolved a rather clear picture of the needs, purposes and requirements of a state house to serve a great state today.
They may be simply stated in fairly general terms. In brief, there is need for:
1. Work, study and office-function space for the Governor.
2. Living space, a home, for the Governor and his family, and separate space for the required servants.
3. Living space for official state guests and some working space.
4. Space and accommodations for official state functions, with suitable parking facilities for these and other occasions.

The demands on a state's chief executive today, on his time, talents and energies are such that a mansion must have a place for him to work on state business upon occasion, away from the downtown state capitol. There are occa sions in the ordinary conduct of the state's affairs, and sometimes there are emergency situations, when office space is needed for deliberations, for discus sions or other work. It seems essential to the smooth- functioning of state gov ernment and to the chief executive's most efficient functioning that such a part of a Governor's Mansion.
For his private and family life, the man who in any given time serves as

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Georgia's chief official should have appropriate facilities to maintain a normal home, insofar as possible. This, of course, would include sufficient bedroom, meal preparation and other work areas, as well as living areas. The residence, in this connection, would require some appropriate arrangements for servants. Accommodations must be provided for the large as well as the small family.

The need for living space and possibly some work space for official state guests stems from the fact that upon occasion, there would be overnight guests and that there sometimes would be the necessity for work associated with their visits.

Parking space for a large number of automobiles is another must. Accessi bility in the matter of good streets where traffic moves with reasonable speed is still another.

And there is a requirement that goes beyond the sticks and stones of physical materials and decoration, the Committee feels. It is the requirement that a gracious and progressive state's Governor's Mansion reflect with dignity and charm the grace and character and beauty of the state.

Setting, therefore, is a requirement, just as location is one. Beauty and sur roundings should be outstanding. That the mansion be an asset to all Georgia and stir its onlookers with a sense of pride--these, too, are requirements. The Present Mansion--How Does It Measure Up?

Much of the Committee's investigation was devoted to studying' the adequacy of Georgia's present mansion. Our inspections on the scene were valuable and, of course, essential in this connection. The advice and suggestions of the former governors and their wives were indeed most helpful and most gratefully received.

The present mansion, located at 205 The Prado in Ansley Park in Atlanta, is the second official residence to be used by the State of Georgia. The first was a large residence, built at the southwest corner of Peachtree and Cain Streets in 1869-70. It was bought on October 31, 1870, and occupied as the governor's house from 1870 until 1921.

The present mansion is the former Edwin P. Ansley residence, built in 1908 and acquired by the State of Georgia on December 9, 1925. It was not conceived or built as a mansion, but as a private residence. It is 53 years old and has been used as the Executive Mansion for 36 years.

The Committee concurs with the General Assembly as to the condition and lack of possibilities at the existing mansion. It is not serving adequately and cannot be made to serve adequately.

The mansion does not meet the needs of the State from a functional or utilitarian standpoint, and falls far short in appearance, charm and esthetic appeal. Certainly, it does not reflect the charm, hospitality, graciousness and appearance befitting Georgia's top official.
Our findings are based on a number of factors:
1. There is entirely too little floor space, there being no provision at all for some types of state functions.

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2. The arrangement of the existing floor space for the purposes of a Governor's mansion is very bad.
3. There is very little space for automobile parking and none for parking enlargement.
4. The hill-top nature of the site and the overall size of it do not allow for landscaping for improved attractiveness.
5. The maintenance and upkeep costs of the building are excessively high. Just since 1955, it has been necessary to spend $88,000 repairing the mansion.
6. The building presents a foreboding appearance of coldness and gloom, both inside and out.
7. Pood cooking and preparation rooms and dining room space are especially inadequate.
8. Adequate space and arrangements for the state's work and for official guests are sorely missing.

The Committee's Finding
In short, it is our firm conviction that the mansion is unsuitable and un desirable.

Neither the grounds nor the building at this location could be altered to provide the sort of mansion that would be adequate and suitable, in keeping with our concept--and the people of Georgia's concept--of what Georgia's man sion for its governors ought to be.

It is important for our great state, which is enjoying an era of progress and growth which has gained recognition around the nation, to have an official residence which will serve with efficiency and dignity. The Governor is our chief salesman in advancing the progress and advantages of Georgia and our mansion needs to be such as to assist in and reflect credit upon this objective.

It does not seem wise or prudent to expend additional funds in pursuit of false hopes for something better at the present site.

The Committee considered at great length the possibility, feasibility and advisability of purchasing an existing structure for possible remodeling and it inspected a number of these. It is convinced, however, that no existing structure will do the job and that a new start should be made.

Therefore, we recommend that the best possible site which is available or could be made available be bought and that the State build thereon a new Gov ernor's Mansion in keeping with Georgia's Southern heritage, in harmony with her great beauty, in keeping with the physical needs and functional requirements and in tune with the dignity and stature of the Office of the Governor of Georgia.

The new mansion should typify and symbolize the traditions and the char acteristics of Georgia and her people over all the State. In it, all Georgians everywhere should find the cause for pride and with it a feeling of kinship.

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The Search for a New Site and a Recommendation
The Committee worked diligently to see where a site, the very best possible, could be found.

It talked with many people. It sought out possible locations, visited and inspected them.
It found one which we feel stands out from all the rest as ideal, a large tract of incomparable beauty, sufficient size and splendid location.
We contacted the owner and found the tract not on the market for sale and the owner not desirous of selling the property. It is, in fact, serving as his residence.
While this Committee is not empowered to obtain or do otherwise than recommend what action be taken, it was our judgment that to incorporate a specific recommendation of site would be in the best interests of all concerned. Having done this, the members felt that it would be well to offer some assurance, if possible, that the preferred tract might be available to the State of Georgia for this purposes.
As aforementioned, the tract was not for sale. The Committee entered into discussions, and the owner after deliberations did agree to sell this property as an undivided tract for the site of a Governor's Mansion and gave us, as representatives of the State of Georgia, an option, without cost, signifying his willingness to sell to the state for this purpose only.
This option will expire on April 1, 1962, and specific action to complete the transaction will have to be taken by the state prior to this date.
The tract is located at 391 West Paces Ferry Road in Atlanta and is owned by Mr. Robert F. Maddox. It consists of property beginning at the northwestern corner of Woodhaven Road and West Paces Ferry Road and running westerly along West Paces Ferry Road 978.2 feet to the Whitehead property, thence north erly along the Whitehead property 595.3 feet, thence easterly 960 feet to Woodhaven Road, thence southerly along Woodhaven Road 848.1 feet.

The Committee feels that this property meets admirably the requirements for a suitable Mansion. It is a magnificent, rolling tract with a superb building site. There is space for the provision of automobile parking. The gardens which are a part of this beautiful estate would remain intact and would represent considerable actual and esthetic value in the finished creation.

The location of the property is a convenient one and would permit the Governor and official visitors quick access to the Northwest Expressway by Paces Ferry Road. Travel between this location and the Capitol Avenue exit of the Expressway near the State Capitol would be relatively easy.

Paces Ferry Road, while an important thoroughfare, is not so crowded with traffic that visitors passing in cars would have any difficulty enjoying the beauty of the mansion. Perhaps special arrangements could be made at the entry, with some type of off-street area commanding a full view of the house. The slope

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of the land allows peculiarly well for the type of residence and view which would be desirable.

In fact, in all respects, we feel that the tract is splendidly suited to the purpose of a new mansion for our Governors. It is the only suitable tract which we found in an ideal location with this much frontage, available in one piece of land, with good depth as well as width, on a corner lot providing access from
two streets.

Such a large tract in this location, with its natural and other advantages, is of course a valuable property. The owner has consented to make it available to the State on an undivided basis for $250,000, which the Committee, having reviewed the property situation in general and with particular respect to this
property, feels is a fair and reasonable price.

While the Committee has chosen not to go into details as to exact amount of space, floor plans and the like, considerable information on such subjects as as these is at hand and available as a result of our study. In Summary: A Mansion of Which All Georgia Would Be Proud

In summarizing this report, the Committee urges that the state act to obtain a new mansion, and on the West Paces Ferry site.

Georgia needs and should have a Governor's Mansion in keeping with the prestige of the Office of Governor and the dignity of the State. It should be an official state house of great beauty, in the truly Southern traditional sense, as well as outstanding functional characteristics.

Georgia can afford such a Mansion as it now needs, which would represent a very tiny portion of our great state's investment in official buildings and edifices with which to carry on state functions. Georgians all over the state would be proud of the new Mansion. It would be an asset to all.

The Committee, with unanimity of feeling, finds that a new mansion is advisable, is feasible and recommends that it should, in fact, be provided.

Respectfully submitted, this the 28th day of November, 1961.
Ben W. Fortson, Jr., Chairman J. B. Fuqua, Vice-Chairman Roy Richards W. S. Stuckey Peter J. Knox, Jr. Ben S. Gilmer Otto Griner Quimby Melton, Jr. Mills B. Lane B. E. Thrasher, Jr. Robert H. Smalley, Jr., Secretary

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REPORT OF LEGISLATIVE SERVICES COMMITTEE RELATIVE TO "POPULATION" ACTS AND LOCAL CONSTITUTIONAL AMENDMENTS
I. POPULATION ACTS
In I960, immediately prior to the convening of the 1961 session, the Com mittee and the Office of Legislative Counsel prepared a report on " 'Population' Acts Since 1870". That report contained a listing of such Acts which had been enacted by the General Assembly since 1870. The study was made pursuant to House Resolution No. 495 of the 1960 session, which requested the Committee to furnish some direction to the General Assembly by the issuance of a policy statement relative to such Acts.

It is readily apparent from the size of the Report mentioned above that many of these Acts have been passed by the General Assembly down through the years. It is also apparent that the number of these Acts increased with each year and there were more passed during the 1950's than during any other previous ten year period. This is true even though there was a general agree ment and knowledge that such Acts were of exteremely doubtful constitutionality.

We know that it has been and is the policy of the Attorney General's Office, the Bill Drafting Unit, and the Office of Legislative Counsel to call attention to the doubt and danger surrounding these Acts. The Supreme Court of Georgia in any number of cases has declared many of these Acts to be unconstitutional. We are aware, of course, that in some instances such Acts have been upheld, but this was due to the special circumstances surrounding the particular Act. Therefore, there can be no doubt but that there is always the danger of litigation springing from the passage of such an Act.

Leaving aside the legal question, even under the assumption that such an Act is valid, there is a practical consideration which must be taken into account. This is due to the fact that with each census, population changes take place in every county in Georgia. This means that many population Acts no longer affect the counties for which they were originally passed, but do affect others which do not desire them. This causes further consternation and additional law suits.

This Committee does not wish to place itself in the position of telling mem bers of the General Assembly what hills they should and should not introduce. In fact, this Committees does not have the authority to do so. It does, how ever, have the authority, and was given the duty under the above resolution, to make a policy statement with regards to "population" Acts. The members of this Committee wish to add their words of warning to those of the past. We believe that each member of the General Assembly would be doing himself and his county or district a distinct service by not introducing such a bill unless it is felt that it is imperative to do so. We realize that there might be a time when it is felt that this is the only possible way in which needed legislation might be obtained. If this is the case, we, of course, must leave the judgment to the individual member involved. We are certainly not criticizing members who have introduced such bills, because some of the members of this Committee have done likewise. It is hoped, however, that the number of such bills will be reduced from now on rather than increased as in prior years.

II. LOCAL CONSTITUTIONAL AMENDMENT In the early part of 1961, immediately prior to the convening of the 1961

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session, an additional report was prepared pursuant to House Resolution 495 of the 1960 session. This report contained a listing of the Local Constitutional Amendments to the Constitutions of 1877 and 1945. Each general election year sees a larger number of proposed local Constitutional Amendments being pre sented for ratification or rejection and a larger number being ratified. The fact is, that the Constitution is becoming so burdened with local amendments that many of the general provisions are rapidly becoming meaningless. It is becoming increasingly easy to pass a local amendment and have it ratified.

The Constitution is supposed to be the basic document of our government and certainly should not be subject to wholesale change such as has been made and is being made under the procedure we now have for adopting local Con stitutional Amendments. If a general provision of the Constitution is found to be so restrictive that it is necessary to load it down with local amendments, the general provision itself should be changed.

Aside from the points mentioned above, the method of adding local amend ments to the Constitution leaves something to be desired. The Committee has found that in a number of instances a completely new Article or Section or Paragraph has been added to the Constitution merely for the sake of adding a local amendment. This certainly causes confusion as far as the orderly processes of the form and publication of the Constitution are concerned. For the purposes of illustration, if a particular Article of the Constitution has five Sections and a general amendment is to be proposed to add a sixth Section, it might be found that there are three local amendments which have added six, seven and eight which means, technically speaking, the next general amendment will have to be Section 9.

As in the case of "population" Acts, we urge the members to refrain from introducing proposed local amendments to the Constitution unless it is felt to be an absolute necessity, in which event, we urge that care be used in the way in which it is added to the Constitution.
Respectfully submitted:
LEGISLATIVE SERVICES COMMITTEE By: Geo. L. Smith II, Chairman

REPORT OF 1961 TAX EQUALIZATION COMMITTEE
This Committee was created pursuant to House Resolution 249 of the 1961 Session. The Speaker appointed as members, Representatives Maddox J. Hale, Dade County, William B. Steis, Harris County, and Arthur K. Bolton, Spalding County. At its initial meeting the Committee elected Arthur K. Bolton, Chair man, William B. Steis, Vice-Chairman, and Maddox J. Hale, Secretary.

The initial meetings of the Committee were concerned primarily with work ing with Mr. C. G. Campbell and other members of the ad valorem tax unit, Department of Revenue, in procuring a suitable contract arrangement for the counties which were anticipated would apply for the tax equalization funds, provided same were made available by the Governor from the contingent section of the Appropriations Bill beginning with the fiscal year commencing July 1, 1961. Mr. Campbell and the members of the Department of Revenue were most enthusiastic over the possibility of the number of counties which would utilize the tax equalization funds, and, in anticipation of this, had completed all their preliminary work prior to the beginning of the new fiscal year on July 1, 1961.

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Shortly thereafter, the Governor, Honorable S. Ernest Vandiver, stated that he would make accessible to the Department of Revenue such funds as were avail able out of the contingent section of the 1961 Appropriations Act, if counties applied and were approved for a tax equalization program.

This Committee is happy to report that as of this date the Governor has made available the sum of $883,515.00 to seventeen (17) counties in the form of loans in order for them to finance tax equalization and evaluation programs. These counties are: Baker, Barrow, Carroll, Crawford, Dade, Early, Elbert, Frank lin, Liberty, Marion, Murray, Paulding, Polk, Pulaski, Turner, Walker and Whitfield. In addition to the above 17 counties we were informed by Mr. Campbell that his Department has also approved the counties of Washington, Chattooga, Clayton, Butts, Dougherty and Floyd, and that they will undertake a tax equaliza tion and evaluation program as soon as funds are made available.

The three members of this Committee, who constituted the initial Committee created by the General Assembly in 1959, are gratified by the rapid and over whelming manner in which the counties have taken advantage of the program which is now offered. We are especially grateful to the Georgia Municipal Asso ciation, Georgia Education Association, Association of County Commissioners of Georgia and the many other organizations which have contributed to its success.

Since tax equalization will be a continuing process, this Committee was created in order to propose any additional changes in existing laws and to work with the Department of Revenue on the rapid acceptance of this program. Due to the fact that the $1,000,000.00 for the current fiscal year will be exhausted, indeed if it is not already exhausted by the time this report is read by members of the General Assembly, this Committee recommends that the 1961 Appropri ations Bill be amended by providing that the sum of $1,500,000.00 be written into the regular section of the Appropriations Bill for three years. These three years shall be the fiscal years of 1961, 1962, and 1963. We further recommend that appropriate legislation be enacted to provide that as this fund is repaid by the counties, it will be available for use by the Revenue Department to loan to addi tional counties for the same purpose. This recommendation is made because this Committee deems it imperative that nothing be done to impede the forward step which has been so wholeheartedly accepted by the great majority of the governing authorities of the several counties of this State.
We further recommend that since larger counties may need funds greatly in excess of those which the State is able to provide, that the 1962 Session of the General Assembly pass a resolution proposing a constitutional amendment which would permit the several counties to incur loans from any source for the purpose of undertaking a tax equalization program.
This Committee had the pleasure of having Miss Martha Nell Allman of the State Department of Education explain the present charge-back formula being used by the Department of Education in allocating funds in various counties for school purposes. The charge-back formula is far too complicated to attempt to set out in detail the manner of its operation. From Miss Allman's explanation the Committee is of the opinion that the members of the General Assembly should give intense study to the current programs now being presented by the State Board of Education to the end that said formula be changed to a more equitable and workable process.

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Due to the continuing problems presented by tax equalization, we further recommend that an interim committee be created by the 1962 Session of the General Assembly to work with the Department of Revenue and the Association of County Commissioners, Georgia Municipal Association, and any other groups interested in furthering the tax equalization program in Georgia and that this Committee make such report as it deems necessary to the 1963 Session of the General Assembly.
Respectfully submitted:
/s/ Arthur K. Bolton, Chairman
/s/ William B. Steis, Vice-Chair man
/s/ Maddox J. Hale, Secretary

REPORT OF BILLBOARD STUDY COMMITTEE HOUSE RESOLUTION 255
INTRODUCTION
The House Billboard Study Committee was created by House Resolution 255 adopted at the 1961 session of the General Assembly of Georgia. The Speaker appointed as members of the Committee, Representatives M. Parks Brown of Hart County; James H. Ployd of Chattooga County; Francis Joiner of Washington County; M. King Tucker of Burke County; and William C. Wickham of Muscogee County. At the organizational meeting, Representative Tucker was elected Chair man and Representative Wickham, Secretary.
As stated in the Resolution, the Committee was created for the purpose of studying the advantages and disadvantages of allowing billboards and outdoor advertising to be placed along Federal and State Highways. The Resolution creating the Committee was enacted as the result of a bill introduced at the 1961 session prohibiting the erection of outdoor advertising devices along the new Interstate Highway Systems. This bill is House Bill 155 and is in House Committee. That bill was introduced as a result of Federal Legislation author izing additional funds for the Interstate Highway System to states which pro hibited erection of outdoor advertising devices. Consequently, the Committee concentrated most of its efforts in studying the advantages and disadvantages relative to this State and Federal Legislation.
On June 15, 1961, the Committee held a public hearing at which the pro ponents and opponents of outdoor advertising were given an opportunity to state their views to the Committee on the subject. Specific invitations were extended to many persons and a blanket invitation was extended through the press and other news media to all interested persons to attend the hearing. The number of people appearing at the hearing far exceeded the Committee's expectations and it was necessary to move the hearing from the Committee room to the hearing room on the third floor of the State Capitol. Persons actually making statements at the hearing are listed below:
FOR CONTROL OF ADVERTISING
Mrs. Claude J. Carter President, The Garden Club of Georgia, Inc. 1070 Riverside Drive Gainesville, Georgia

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Mr. 0. C. Hubert Georgia Motor Club, Inc. 1044 West Peachtree Street, N. W. Atlanta 9, Georgia
Mr. Frederick Robinson Southeastern Chapter American Society of Landscape Architects
Mr. Dick Porbes President, Georgia Section American Institute of Planners 3485 Alison Drive Doraville, Georgia
Mr. Bernard Rothschild Southeastern Chapter American Institute of Architects
Mr. William C. Pauley Southeastern Chapter American Society of Landscape Architects
Mr. Charles D. Bobo Private Citizen 2769 Alpine Road, N. E. Atlanta, Georgia
Mr. Herbert Johnson Atlanta Attorney, Representing the People of Georgia Rhodes Haverty Building Atlanta, Georgia
Mr. Julian Harris Sculptor and Architect Atlanta, Georgia
AGAINST CONTROL OF ADVERTISING
Mr. Neal Fendig President, Outdoor Advertising Association of Georgia, Inc. Brunswick, Georgia
Mr. Stephen Styron Executive Vice-President, Georgia Hotel Association 1230 Commerce Building Atlanta 3, Georgia
Mr. Wilson Wilkes Reprsentative, Cook County Adel, Georgia
Mr. Ed England Executive Secretary, Georgia Restaurant Association 1230 Commerce Building Atlanta 3, Georgia
Mr. James Beck Ashley Oaks Motel Valdosta, Georgia
Mr. E. Y. Chapin, III President Rock City Gardens, Inc. Lookout Mountain, Tennessee

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Mr. J. H. Robinson Home's Enterprises, Inc.
Mr. E. E. Hill Lynch Advertising Agency
Mr. C. P. Scruggs Valdosta, Georgia

Equal time was granted to both sides and all those persons appearing and others were requested to present written statements to the Committee. A great number of written statements were filed with the Committee, and all Committee members have read these statements. In addition to the persons listed above, Mr. Roy Plynt, State Highway Planning Engineer, appeared at the public hearing, representing the State Highway Board, and very efficiently summarized for the Committee and those present, the issues involved and the matters which needed to be considered. All persons making oral statements to the Committee did so very ably and all statements received by the Committee were excellent presenta tions of the views expounded.

The Committee has studied a tremendous amount of material on this subject, about which there is an abundance of written information. The laws of the states which have enacted legislation along this line have also been studied. Mr. Flynt has furnished the Committee with additional information which was not available at the time of the public hearing.

FINDINGS, RECOMMENDATIONS AND CONCLUSIONS
The subject of the Committee's study is one of a very complex nature. The Committee also discovered that the subject is extremely controversial and one which evokes great displays of feeling pro and con. We wish to emphasize at this time that all the members of the Committee are well aware of the sincerity of all those persons appearing at the public hearing as well as those from whom the Committee has heard.

As stated heretofore, the Committee's primary interest was and is with refer ence to the question of adopting State Legislation controlling outdoor advertising in areas adjacent to the new Interstate Highway System in order to become eligible for the one-half of one per cent added Federal funds to be paid to the State on those sections of the Interstate System found to be eligible for this bonus. Contrary to the amount of funds which it was first thought the State would be able to receive, the Committee has since been informed that this sum would amount to approximately $1,588,000.00. Although the members of this Committee are well aware of the fact that this is a large sum of money, we are also aware of the fact that from a comparative viewpoint it is a small sum of money. The Committee feels that this amount would not even be sufficient to pay the costs of administration and enforcement of the program which would have to be established in order to receive such funds. It should be pointed out that in order to receive these additional Federal funds, strict compliance with all Federal rules and regulations would be necessary, not only at the beginning, but now and for ever after. It should also be pointed out that there is no guarantee that such funds would even be made available. Even under the assumption that Georgia received such funds, one small variance from Federal regulations many years in the future would necessitate repayment by Georgia of all funds received. We cannot subscribe to what would amount to further Federal encroachment in this field.

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It might be well to point out other reasons why the Committee feels the adoption of such legislation by Georgia would not be in the best interest of all concerned.
(1) There is no payment for any portion of the Interstate System going through commercial or industrial areas within municipalities and there is no payment covering- any area subject to local zoning control. According to informa tion furnished by the State Highway Department, only 535 miles of the 1,108 miles of the Interstate System in Georgia would be eligible for payment.
(2) The administration, enforcement and policing of the program would become a State responsibility.
(3) Such legislation only applies to outdoor advertising and does not apply to "eyesores" such as junk heaps, trash heaps, junk car yards, ramshackle build ings, and the like.
(4) Surveys have shown that many businesses such as hotels, motels, restau rants, service stations and others depend on highway advertising for most of their business. Tourists depend to a large degree upon outdoor advertising for information as to accommodations for sleeping and eating particularly. At a time when the Governor, the Press, the Chambers of Commerce, and many other groups in Georgia are trying to attract tourists and increase tourist business, it would appear completely contradictory to handicap this effort.
(5) The Interstate System will by-pass many businesses which rely almost solely on outdoor advertising to bring in customers, and the Committee feels it should add no additional hardship by recommending that practically their only means of advertising be taken away from them. We believe that the allotment of signs which would be available under Federal control would be insufficient for this purpose.

There are many other reasons why the members of this Committee feel they cannot recommend the passage of the subject legislation, but we think the above will suffice to show why we feel that it is not in the best interests of the State as a whole to take this step. We know that the proponents of this legislation have reasons which they feel are sufficient to warrant the passage of this legisla tion. The Committee agrees that many such compelling reasons were presented to it and all members want to emphasize at this time that its task of reaching a final decision was certainly a most difficult one.

We certainly do not have any quarrel with those who are motivated by a desire to maintain the beauty of our countryside. We agree that steps should be taken to achieve this objective. We do not agree, however, that the suggested proposal is the proper or best way to accomplish this end. In view of this fact, we do recommend that a Committee be created at the 1962 session of the General Assembly composed of Legislators and citizens of Georgia representing both sides of the issue involved. Proponents of outdoor advertising have indicated a desire to work toward achieving proper regulatory legislation. We do not believe that any legislation which is enacted should be dependent on Federal legislation or that a State program should be subject to Federal control. We feel such a Committee could not only study the subject of outdoor advertising along highways, but could delve into other matters such as the "eyesores" mentioned heretofore.

The Committee wishes to express its sincerest appreciation to all those

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who appeared before it, to the persons who have presented written statements, and to all others who have rendered assistance in its deliberations.
Respectfully submitted:
/s/ M. King Tucker, Chairman Representative, Burke County
/s/ William C. Wickham, Secretary Representative, Muscogee County
/s/ M. Parks Brown Representative Hart County
/s/ James H. Floyd Representative Chattooga County
/s/ Francis Joiner Representative Washington County

TO: MEMBERS OF THE GENERAL ASSEMBLY
REPORT OF THE SENATE COMMITTEE CREATED TO STUDY WATER POLLUTION PROBLEMS IN THE STATE OF GEORGIA.
The Committee to study the water pollution problems in the State of Georgia and the factors contributing to the pollution of the natural water supply of the State of Georgia was created by Senate Resolution No. 80 and adopted by the State Senate at the 1961 regular session of the General Assmbly of Georgia. Pursuant to the terms of said resolution, the following were appointed as mem bers of the Committee:
Senator Dan F. Hart of the 53rd District
Senator Zell Miller of the 40th District
Senator O. E. Raynor of the 4th District
At the organizational meeting, by unanimous vote, Senator Dan F. Hart was elected Chairman and Senator Zell Miller was elected Secretary.
In accordance with and pursuant to the terms of the resolution, the Com mittee has met and has studied the water pollution problems and the factors contributing to the pollution of the natural water supply of the State of Georgia. The Committee has reviewed the existing laws and regulations pertaining to the subject of water and water pollution. During its meetings, the Committee has conferred with Honorable Ralph Meade, member of the House of Repre sentatives of the State of Alabama from Cherokee County, Alabama; Honorable J. Russell Early, member of the County Board of Revenue, Cherokee County, Alabama; Honorable R. Harold Young, member of the County Board of Revenue, Cherokee County, Alabama; and, Honorable Charles L. Hampton, City Com missioner of Rome, Georgia.
The Committee has during its deliberations conferred with the following officials of the State of Georgia: Honorable Phil Campbell, Commissioner of Agriculture; Dr. John H. Venable, Director of the Department of Health; Honor able R. J. Boston, Department of Public Health; Honorable Fulton Lovell, Director

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of the State Game and Fish Commission; Honorable Howard D. Zeller, State Game and Pish Commission; Honorable Hoyle E. Yandle, Manager of the In dustrial Division of the State Department of Commerce; and, many other persons attached to the departments herein set out.

During its study and deliberations, the Committee has received numerous communications from persons interested in the prevention of the pollution of the natural water supply of the State of Georgia. The Committee wishes to express its appreciation for the vital interest that has been shown in this study and for the able assistance that it has been given by persons referred to herein.

The Committee has visited and inspected many of the streams in the State of Georgia and has found that the problem of stream pollution is an ever in creasing problem and that preventive measures should be taken at once to dimin ish these problems, and that further steps should be taken to prevent any further increase in the pollution of the natural water supply.

There are many municipalities and some counties within the State of Georgia that empty their raw sewerage into the natural water streams of the State of Georgia. The increase in urban population in these cities causes an increase in the pollution of streams into which sewerage is disposed. Many industries which existed prior to the enactment of the present laws of the State of Georgia which were enacted to safeguard our natural water supply, have taken no steps in which to filter or otherwise decrease the pollution of the refuse which is drained or disposed into the streams of this State even though the production of said industries has increased manyfold. The Committee also found that many of the new industries in the State of Georgia that were created or established since the laws of the State of Georgia were enacted to protect the water resources of the State of Georgia, have not conformed to the spirit of the law or the letter of the law. The pollution herein referred to is a menace to the public welfare of our citizens, to their domesticated animals, to the natural resources and wild life of our great State.

Pollution control is vitally important to further economy and advancement in the State of Georgia. Continued industrial expansion is bound to be restricted unless pollution of the streams and natural water supply in certain areas of the State is diminished. Polluted water is nearly as bad for industrial purposes as no water at all.
It is the policy of the State of Georgia that the water resources of the State shall be developed, conserved and utlized prudently to the maximum benefit of the people without jeopardizing public water supplies and public health, and without interfering unreasonably with beneficial use of the water resources for recreation, fish and wild life development, agriculture, and the industrial develop ment of the State's natural resources and its manpower. To achieve this end, the Government of the State shall and has assumed responsibility for the water resources and the establishment and maintenance of a water study program designed to benefit prudent planning for the future needs of the State. The Federal laws were recently amended so that the United States authorities could intervene to protect water pollution in certain instances especially where the waters run from one State to another. The delegation from the State of Alabama that appeared before the Committee stated very emphatically that it was their desire to settle the water pollution problem that involved the State of Georgia and the State of Alabama at a State level, but in the event that this could not

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be done, that in order to protect the resources of their State, they would request intervention of the United States authorities pursuant to the recently enacted Federal legislation.

RECOMMENDATIONS
The Committee has studied the Act known as the "Georgia Water Resources Commission Act" and the "Georgia Water Quality Control Act", both of said Acts having been enacted at the 1957 session of the Geenral Assembly of Georgia, and are now in force and effect as laws of the State of Georgia. The Committee is of the opinion that these two Acts contain sufficient authority to abate many of the water pollution problems that now exist in the State of Georgia. Based on the above stated facts and references, the Committee wishes to make the following recommendations:
(1) That the State Department of Public Health and the State Game and Fish Commission publicize as extensively as possible the fact that they are willing and ready to investigate complaints regarding stream pollution or water pollu tion, and that publicity be given to the fact that all investigations that show the existence of water pollution or stream pollution will be referred to the proper persons or departments for immediate action.
(2) That the State Department of Commerce notify all cities and industries within their knowledge that are not treating the sewerage, industrial waste or other waste that is being emptied, disposed or drained into the streams of Georgia and is polluting said streams; further that the State Department of Commerce institute an educational program that will inform said cities and industries that the pollution of said streams not only prevents industries from locating in their immediate vicinity, but also prevents industries from locating along said polluted streams.
(3) That all citizens are urged to notify immediately the Game and Fish Commission or the local health official, if there be one, or the Department of Public Health of any evidence of streams that are polluted to the extent that they are killing the fish of said streams or the wild life or domestic animals along said streams, and that the Department of Public Health be informed of any act or practice which would pollute the streams of this State and which constitute or will constitute a public health hazard.
(4) That new industries should be required to initiate adequate and neces sary controls relating to water pollution prior to establishment in this State; that old established industries, which are guilty of violations relating to water pollution be required to make immediate corrective measures and that munici palities and counties are urged to take immediate steps to prevent pollution of the natural water resources by means of sewerage treatment plants and other methods to treat sewerage and waste. Municipalities and counties that are in a position to treat sewerage and waste usually receive priority in the considera tion of industrial expansion and the creation and establishment of new industries.
(5) That all water use agencies should work toward a common goal of preventing any water pollution of the diminishing water supply of this State.
(6) That the departments and agencies which have charge of administering the "Georgia Water Resources Commission Act" and the "Georgia Water Quality Control Act" should exert every legal course possible to enforce the terms of said Acts, even to the extent of resorting to actions in the courts. It being the opinion of the Committee that every possible approach should be used to decrease and diminish the water pollution problems in the State of Georgia.

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(7) That every possible effort should be made to handle the water pollution problems of the State of Georgia on a local and state level. It being the opinion of the Committee that unless an exerted effort is made to control the increasing water pollution problems within the State of Georgia from a local and state level that Federal intervention will be inevitable. The Committee at the present time has knowledge that the Federal authorities are investigating several of the water pollution problems that now exist within the State of Georgia.

The Committee expresses its appreciation to the officials and staff of the Office of Legislative Counsel for the cooperation, advice and assistance given to the Committee during its study and deliberation.

Respectfully submitted:
THE COMMITTEE Dan F. Hart, Chairman
Senator, 53rd District Quitman, Georgia Zell Miller, Secretary
Senator, 40th District Young Harris, Georgia O. E. Raynor, Member
Senator, 4th District Folkston, Georgia

REPORT OF MILK PRODUCTION STUDY COMMITTEE
(House Resolution 223)
INTRODUCTION
The House Milk Production Study Committee was created by House Resolu tion 223 adopted at the 1961 session of the General Assembly of Georgia. The Speaker appointed as members of the Committee, Representatives Wiley B. Fordham, Bulloch County; H. Walstein Parker, Screven County; Hershel W. Farmer, Heard County; Louis T. Raulerson, Echols County; Lamar E. Dunn, Pike County; and Hubert H. Wells, Oconee County. At the organizational meeting Representa tive Fordham was elected Chairman and Representative Parker, Secretary.
As stated in the Resolution, the cost of milk production in Georgia is higher than in other areas in that the production per cow is extremely low compared with the national average. This is due to several factors, and this Committee was created for the purpose of attempting to secure the solution to the many problems facing the milk production industry in Georgia and to determine if any legislation is needed. It should be pointed out at this time that Georgia Laws impose rigid sanitary requirements and due to the fact that enforcement of these laws is excellent, the Georgia milk consumer is being furnished a product that is second to none in quality in the entire United States. It is evident that this high quality must be maintained, but on the other hand it is also evident that the producer must reap some benefit in order to maintain this high quality. As stated heretofore, if ways and means can be found to improve the efficiency of milk production it will lower the cost of production to the producer. This will enable him to maintain high quality production and, in fact, will encourage him to do so. This will not only help the producer but also the distributor, the

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processor, the manufacturer, and the consumer. This Committee is vitally inter ested in the welfare of all of these groups.
In order to learn why milk production in Georgia is low while the cost is high, the Committee decided to examine the situation in a State where produc tion is high and the cost thereof comparatively low. The Committee studied records from other States and sought the advice and counsel of experts in the Dairy Industry in Georgia. It found that California Dairymen for many years have led the Nation in average milk and butterfat production. It was found that the Los Angeles County Dairy Industry ranks first in income of any county in the United States. Much to its surprise the Committee also found that Los Angeles County is the third richest farm county in the entire Country. There are numerous facts and statistics which could be quoted relative to Los Angeles County, but the above will suffice to show why the Committee decided to go to that county and surrounding dairying counties in that area to seek answers to problems confronting the Georgia Dairy Industry. Although the Committee examined innumerable bulletins and other material, it is a well known fact that such sources do not begin to tell the complete picture and do not furnish the information which may be gained by on-the-spot studies of production methods.
It is hoped that this report, while designed primarily for the members of the General Assembly, will be of vital interest to members of all segments of the Dairying Industry in Georgia. We make this statement for the reason that certain technical terms used might possibly be unfamiliar to persons outside the Industry, but we feel that their use is warranted. It is also felt for the same reason that a rather exhaustive narrative treatment of the study trip which the Committee took would be of particular interest to the Dairying Industry. There follows a report of this study trip.

COMMITTEE STUDY TRIP
The Committee enlisted the aid of Honorable Phil Campbell, Commissioner of Agriculture, and the Chief of the Dairy Section in the Agriculture Department, Honorable Craig Gay, and these two officials were kind enough to make arrange ments with their counterparts in California concerning the details of the trip. Several members of the Bureau of Milk Stabilization in the California Depart ment of Agriculture were assigned to assist the Committee and to furnish it with all details possible. The Dairy Council of California provided a breakfast for the Committee at which time the various leaders of the California Dairy Industry were introduced and wer,e asked to discuss briefly the activities of each. This enabled the Committee to obtain an overall picture of this great industry and made it much easier to understand the tour upon which we were conducted for the next several days.
We were next taken to the office of the Protected Milk Producers Asso ciation, which is an Association begun twenty-three years ago for the main purpose of bargaining for better prices and relieving the pressure on the pro ducer brought about by an excess supply of milk. At that time milk was selling at about three to four cents a quart. This particular association supplies ap proximately 80% of the milk market in the Los Angeles area, with about 80% of the production going as Class I. The Association has a master contract with the distributors, and each producer has a contract with the Association. Three Hundred and Two wholesale producers and One Hundred Twenty-Six producerdistributors producing milk valued at $64,000,000 are represented by the Asso ciation. This milk is produced on land valued at an average of $15,000 per acre with an average of fifteen acres per farm.

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Fifty per cent of the dairies have pipe lines. All of the dairies are the corral type with approximately fifty cows in each lot, and feed constitutes fifty per cent of the cost of production with most of the feed coming from the San Joaquin Valley. Ninety-five per cent of the cows are Holstein and most of the herds are culled at the rate of forty to fifty per cent a year. The Association has a three way test on butterfat. The producer may have his test run at any place he desires. The Association takes a sample and the distributing plant also takes a sample. Through the Protected Milk Producers Association and with the help of the Milk Stabilization Act it has been possible to control surplus, control bases, regulate the transfer of bases, and tie the sale of bases to the sale of cows. It has been possible to contract the hauling of milk at fourteen cents per hundred pounds.

Several dairies were visited, the first one of which had five hundred cows. Along the corrals two thousand tons of hay were stacked which was bought at a cost of thirty ($30.00) dollars per ton. The next dairy milked three hundred and fifty cows averaging six hundred pounds of butterfat per cow. This particular dairyman raises most of his replacement cows and keeps complete records of herd production. He uses artificial breeding to a large extent. The next dairy visited was comparatively small, containing only ten acres, but these ten acres are valued at $150,000. He gave a very interesting discussion of how the dairy men had to band together to keep from being zoned out of existence. Many small communities in the Los Angeles area are incorporated and contain dairies almost exclusively.
The Committee was taken to a stockyard operated by the producers where a large number of the culls from the dairy herds are sold for beef purposes. At the auction which was taking place at that time, steers were selling at twentythree and one-half cents per pound. As strange as it may seem to a dairyman and others in this State, the dairymen in Los Angeles County have established the Dairymen's Fertilizer Cooperative, Inc. in order to have a sales outlet for the enormous amounts of manure from the corral type dairies in the area. This Co-op was organized in 1957 for the purpose of providing a corral cleaning service for its members and to market their organic fertilizer at a fair and com petitive price. The Co-op purchased some land, and at this particular time the largest pile of manure in the World was on his land containing 9,000,000 pounds valued at $1,000,000 when delivered.
The Committee drove to Pomona to visit the Valley Milk Transport Company. This Company hauls milk with double trailers pulling 5,400 gallons per load at a cost of twenty cents per hundred pounds. This one concern transports 1,200,000 pounds per day every day, picking up from one hundred fifty dairies in the surrounding area.
Next the Committee visited a Drive-in Dairy. In the Southern California area milk drive-ins are fairly common. Their milk sells at about two cents per quart cheaper than milk at other retail outlets. This particular place was owned by a producer-distributor with one hundred twenty cows at this particular loca tion and four hundred fifty cows at another. He also raises about twelve hundred replacement cows at another location. As stated heretofore, milk sold only by producer-distributors is two cents per quart under the legally established retail price arid is allowed by the milk stabilization act.
The next dairy visited was owned by the President of the Protected Milk Producers Association and he milks three hundred sixty cows and ships seventeen

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thousand pounds of milk daily. He is one of the few producers who owns his own tanker and hauls his own milk. He has a long paved lane with locked stanchions where he feeds green chop each morning at the rate of fifty pounds per cow at the cost of $7.00 per ton. He feeds silage in the afternoon when green chop is not available. Silage costs $9.00 per ton placed in the silo. On his farm, artificial insemination is used one hundred per cent and his Dairy Herd Improve ment Association's average is six hundred pounds of fat per cow.

The next dairy visited was of the pie shaped corral type and twelve hundred cows are contained in an area covering twenty-two acres with buildings and equipment valued at $200,000.00. This particulary dairy is owned by a super market owner and milk processor who transports milk into Arizona for sale. He has his own veterinarian and uses a complete mastitis control program. His feed program consists of corn, silage, green chopped alfalfa, and alfalfa hay, plus the required amount of grain per cow.

Prom there we went to LaSierra College which has a dairy farm of its own. The operation of the milk plant and the milking of the herd is carried out by college students. Here the walk through parlor type barn is used instead of the stanchion type barn which the other dairies use. Also in use is a water soaker and an automatic brush cow washer and this equipment has been found to be very effective. They were milking two hundred cows and averaging five gallons per day per cow. Concentrates are fed along with green chopped alfalfa and alfalfa hay.

The next dairy visited was most interesting in that the belt line milking system is in use. Here the cows themselves step onto a conveyor belt and by the time the cow reaches the other end the milking operation is complete. This dairy man was one of the very first to build a drive-in type retail outlet store and it has proved to be very satisfactory. About one-half the sale of milk from his four hundred cows is made through the drive-in. He owns his own farm for growing green chopped alfalfa and one man operates the truck and pulls the chopper.
The Committee was taken to the San Joaquin Valley where most of the feed for Los Angeles and the surrounding area is grown. This Valley is approxi mately six hundred miles long and sixty miles wide and everything is grown under the irrigation system. It might be interesting to note here that Kern County, located at the Southern end of this Valley, has the highest standard of living of any one area in the World. It is the largest cotton producing county in the World, and the county dairy herd average is four hundred seventy-nine pounds of fat per cow. Alfalfa is grown at the rate of eight or ten tons per acre and the county also contains the largest land holding company in the World. The soil is forty feet deep and only nitrogen is used as a commercial fertilizer. One dairy in this area has a total herd of four thousand cows, of which fifteen hundred are milking. The herd is fed one hundred fifty tons of alfalfa per day.

The largest hay making area was visited and hay balers which bale twentyfive tons per hour are used in this area. One of the largest land companies in Kern County owns feed lots where fifty thousand steers per year are fed. This Company has its own feed mill and in addition to grain, buys carrots and other vegetables which can be used as feed.
After returning to Los Angeles from the San Joaquin Valley, perhaps the most educational point of the entire trip was a roundtable discussion participated

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in by members of the Committee, representatives of the Bureau of Milk Stabiliza tion, representatives of the Agricultural Extension Service, and other dairy specialists. At this meeting the problems confronting the Georgia Dairy In dustry were discussed. The representatives from California expressed their views most frankly and contributed a multitude of ideas and suggestions which the Committee found to be most beneficial. Ways and means of utilizing the in formation which had been gathered on the study trip were discussed and the overall dairy picture was discussed from a theoretical and practical viewpoint. A great many of the ideas discussed and findings reached will be discussed here after in this report.

FINDINGS
California uses artificial insemination to a very high degree, to the extent that nearly all replacements to the herds are artificially sired. Through the use of artificial insemination dairymen in California have a tremendous reserve of top quality, high producing dairy heifers from which to select replacements. Due to the large size herds and the fast elimination of the inefficient dairy farmer, dairymen have carried on a high degree of culling, amounting to more than fifty per cent replacements per year per herd.

Tremendous investment, high labor cost, and a relatively low price for the product has brought about tremendous efficiency, particularly in the area around Los Angeles. These dairymen own from ten to twenty-five acres which serve as a holding pen area and a storage area for feed reserves. This type dairy operation is highly specialized and the owners are forced to be very efficient and have high producing herds. All feed is purchased. Many dairymen feed alfalfa hay which constitutes one hundred per cent of the roughage fed to the cows. Other dairymen contract with growers outside the area to produce silage and green chop alfalfa and this is the source of roughage. In the San Joaquin Valley area all roughage and grain for the entire herd is produced in the area.

Perhaps the greatest contrast between California and Georgia is that prac tically all of the Georgia dairy farmers are of the family size and are diversified, whereas specialization is the key word in California. Speaking of contrast, the following comparisons between the California and Georgia dairy industries should be particularly interesting:

CALIFORNIA

GEORGIA

Milk Cows on Farms in 1960

830,000

212,000

Milk Production per cow, 1960

9770 pounds

4700 pounds

Milk Production per cow in Dairy Herd

Improvement Association, 1960

11398 pounds

8837 pounds

Total Milk produced on farms, 1960

8,109,000,000 pounds

996,000,000 pounds

Per Cent of Total Milk Produced, used

in Manufactured Products

31%

14%

Number of herds in Dairy Herd Im

provement Associations, 1960

2130

355

Per Cent of Total Cows in Dairy

Herd Improvement Associations

37.8

10.6

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Number of Cows per Herd
Producers price for milk per hundred weight at 4% butterfat
Price per Quart Milk Retail
Average Annual Rainfall (Southern California)
Price of Land per Acre for Dairy Use.

147.2
$5.62 3.8% fat .23
5 inches $3,000-$20,000

63.2
$6.03 4% .27
50 inches $100-$500

The California representatives with whom the Committee had its roundtable discussion agreed that the four main reasons why the California Dairy Industry has grown so fast and is superior to the industry in other states are the following:
(1) An extremely speedy rate of culling is used.
(2) Due to the high investment cost, inefficient operators have been forced out.
(3) A large number of dairy county agents and other dairy specialists working very closely with the producers are able to keep the latest methods of efficient production before the producers at all times.
(4) An extremely large number of dairy farms are under the supervision of the Dairy Herd Inspection Association.
There are, of course, many other points which could be listed, but these are the main ones. Some further findings which were interesting to the Committee, prtaining to the Los Angeles County area, some of which have already been mentioned, are as follows. These items listed below are not necessarily findings as to why the area is superior but are mainly informative points and statistics which are listed, particularly for a comparative basis:
(1) Los Angeles County dairy industry ranks first in income of any county in the United States.
(2) At the present time there are 430 dairy herds in the county. There are 304 wholesale dairies and 126 producer-distributors (cash and carry) with approximately 103,000 dairy cows.
(3) The value of all dairy animals is approximately $40,000,000. From these dairy herds $64,128,000 worth of milk was produced and with the sales of calves, heifers, cull cows, etc., the total gross income was $76,394,000.
(4) The average size dairy in Los Angeles County has over 250 cows. The investment per cow is approximately $1,000. This investment includes land, dairy barn, other buildings, equipment, cows, and feed on hand. Land values for dairying purposes vary from $5,000 per acre to $50,000 per acre, depending on the location.
(5) The average dairy is 15 acres in size. Some pasture is found around some of the dairies to utilize land not in corrals. The main use of pasture is to have an extra place to get rid of waste water.
(6) About 90% of the milk produced in Los Angeles County is utilized for Class I (fluid) purposes. All of the dairies produce Grade A or Class I milk. There are no manufacturing (Grade B) producers in the county.

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101

(7) Los Angeles dairymen produce approximately 65% of the necessary supply of Class I milk for this county. Additional milk is trucked in from surrounding areas to meet the requirements.
(8) The dairies are dry-lot (corral) type operations. The number of cows kept in each corral is adjusted to the size of the barn and the number of cows each milker can handle.
(9) All cows are milked by machine, with most of the cows milked by the pipeline system. All dairies have bulk milk tanks for storage. A few dairymen pump their milk directly into a tanker truck for storage.
(10) Most of the barns are the conventional stanchion type, either face-in or face-out.
(11) Los Angeles County dairy herds are the highest producing in the United States. In 1960 the average milk production for the DHIA herds was 13,675 Ibs. of milk per cow.
(12) There are over 38,000 cows on the Dairy Herd Improvement Association testing program. Other dairymen do their own testing or contract for this service.
(13) The Holstein breed is predominate in Los Angeles County. This breed makes up 95% of the herds. Other breeds such as Guernsey, Jersey, Ayrshire, and Brown Swiss make up the additional 5% of the cow population.
(14) Day-old heifer calves that are suitable for replacements are sold to calf buyers. These buyers then sell to farmers who raise these heifers until they are 26-30 months old and are springing.
(15) A majority of the replacements are purchased from sales yards and dealers. Each year over 50,000 replacements are needed for this milkshed. Some dairymen raise their own replacements.
(16) Cull cows (butcher cows) are sold locally for slaughter. Approximately 40% of a dairy herd is replaced annually.
(17) Los Angeles County dairymen purchase over 650,000 tons of alfalfa hay annually. This hay is purchased from dealers or directly and de livered by truck to the dairy. This hay is grown in the San Joaquin, Imperial, and Antelope Valleys.
(18) Grain is purchased from milling companies. The dairies in this county use over 300,000 tons of mixed concentrate annually. Some of the mixed concentrate is pelleted to prevent waste.
(19) The milk is produced under a rigid inspection system and is considered to be up at the top in quality in the United States.
(20) The price of milk to the consumer is lower than in similar areas in the United States. The price of Class I fluid milk is $5.48 per hundred weight for 3.8% butterfat. Class II price is approximately $3.25 per hundred weight.
(21) Several dairy cooperatives have been formed to facilitate production of milk, marketing milk, feed supply, and manure sales.

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RECOMMENDATIONS AND CONCLUSION
Based on the Committee's study and the foregoing study trip, the Committee wishes to make the following recommendations:
(1) Use of artificial insemination should be increased at the greatest rate of speed possible. It has been proven that this is one of the best ways to produce cows with a high milk production.
(2) Make every effort to place more dairy herds under the supervision of the Dairy Herd Improvement Association.
(3) Increase the production of and use of the highest quality roughage pos sible.
(4) Speed up the rate of culling of cows which are low in production.
(5) Expand the Mastitis Control Program as initiated by the State Depart ment of Agriculture.
(6) Employ area supervisors of the Agricultural Extension Service who are specialists in dairying and who have special training in herd improve ment
(7) Have all the various agencies having anything to do with the dairying industry such as the Agriculture Department and the Agricultural Ex tension Service, expand the education program for the dairying industry with particular emphasis on getting methods for efficient production to the producers.
The Committee wishes to emphasize at this time that this report is certainly not to be considered in any manner as a criticism or attack upon the dairying industry in Georgia, but on the contrary as a sincere effort on the part of this Committee to assist and aid the dairying industry in every way possible. It should also be borne in mind that although this report deals primarily with milk production, increased and efficient production will assist not only the producer but all other segments of the dairying industry and the consumer as well.
The Committee would like to express its sincerest appreciation to the fol lowing persons who were so helpful on its study trip:
Honorable Charles Paul, Director, California Department of Agriculture
Honorable J. T. Duffy, Area Supervisor, Bureau of Milk Stabilization, California Agriculture Department
Honorable Mark 0. Temme, Milk Production Cost Analyst, Bureau of Milk Control, California Department of Agriculture
Honorable Albert E. Weber, Manager, Protected Milk Producers Association, California
Honorable C. L. Pelissier, Agricultural Extension Service, University of California
Honorable W. B. Woodburn, Dairy Council of California
Honorable R. M. Pillmore, Bureau of Milk Stabilization
Honorable Arlo R. Martin, Bureau of Milk Stabilization
Honorable M. C. Cartlidge, Los Angeles County Dairy Agent.

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103

There were many others who worked with the Committee who deserve our sincere thanks. We would also like to express appreciation to the many dairymen who took time off from their regular work to show us the operation of their dairy farms. There were also others in private industries who were most helpful to us in showing us their operations. We would also like to thank Honorable Phil Campbell, Georgia Commissioner of Agriculture for the operation given the Committee. Particular appreciation is hereby extended to Honorable Craig Gay, Chief, Dairy Section, Georgia Department of Agriculture, and to Honorable Frank H. Edwards, Legislative Counsel. Without their expert advice, counsel and assistance the Committee's work would have been immeasurably more diffi cult.
Respectfully submitted:
/s/ Wiley B. Fordham Representative Bulloch County
/s/ H. Walstein Parker Representative, Screven County
/s/ Hershel W. Farmer Representative, Heard County
/s/ Louis T. Raulerson Representative, Echols County
/s/ Lamar E. Dunn Representative, Pike County
/s/ Hubert H. Wells Representative, Oconee County

REPORT OF COMMITTEE TO STUDY PEACE OFFICERS' ANNUITY
AND BENEFIT FUND SENATE RESOLUTION 20
INTRODUCTION
The Committee to make a study of the Peach Officers' Annuity and Benefit Fund was created by Senate Resolution 20 adopted at the 1961 session of the General Assembly of Georgia. The Speaker appointed as House members, Repre sentatives Ross P. Bowen of Toombs County; James W. Keyton of Thomas County; William R. Killian of Glynn County; Emory L. Rowland of Johnson County; and Mackie Simpson of Wheeler County. The Lieutenant Governor appointed as Senate members, Senators 0. D. Johnson of the 46th District and Carl E. Sanders of the 18th District. At its organizational meeting, Representa tive Rowland was elected Chairman, and Representative Keyton, Secretary.
As stated in the Resolution, the Committee was directed to conduct a study of the Fund with a view towards determining whether the benefits provided thereunder might be expanded and whether additional legislation would be needed. The Committee has held several meetings and has consulted with and heard from a large number of persons familiar with the operation of the Fund and other interested persons. The Committee has made a study of the law creating the Fund and amendments thereto and has compared it with similar laws in neighboring states. An Actuarial Report issued in 1960 has been studied and the Committee has had an additional actuarial study made for its use.

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FINDINGS
The original Act creating the Fund was passed in 1950. Amendments to that Act have been passed at all but two sessions of the General Assembly since that time. The Fund is administered by a Board of Commissioners composed of the Governor, the Attorney General, the Comptroller General, and three peace officers. The administrative office of the Fund is a Secretary-Treasurer. The Act provides that the Fund is financed by a certain portion of fines and for feitures from criminal cases, plus payments into the Fund by peace officers them selves. All members of the Fund pay the same amount and all members of the Fund receive the same benefits.

From the study made by Actuaries, it is apparent that the Fund is not sound from an actuarial viewpoint. This does not mean that the Fund will col lapse at any time in the near future, but it does mean that it could collapse at some future date unless some method is found to strengthen it. The law provides the members with no retirement options as to do most similar systems. There is no provision for a member to take into account his wife and dependents. The Committee also found that many worthwhile disability benefits provided for in the Act do not become available except after a certain period of service.

The Act contains a provision that a peace officer must join the Fund within a certain period of time after becoming a peace officer or be barred thereafter. It was found that many deserving peace officers were not aware of this deadline, and, consequently, have not been able to become members of the Fund. It was also found that a number of technical changes are needed in the Act in order to make it easier to administer.

RECOMMENDATIONS AND CONCLUSION
The Committee makes three specific recommendations as follows:
(1) It is recommended that House Bill 392, which was introduced at the 1961 session and which will be pending in the House when the 1962 session convenes, be passed. This bill will allow those peace officers who did not join the Fund by the deadline date referred to heretofore to become members of the Fund within a certain period of time. The Committee feels that these officers should be given this opportunity to join the Fund. The remainder of that bill consists, in the main, of technical changes which the Board of Commissioners of the Fund has recommended in order to allow for more efficient administration of the Fund. Other changes sought in this bill clarify some of the ambiguities existing which have brought about court suits in the past. The Secretary-Treasurer of the Fund prepared a brief summary of the bill which was distributed at the 1961 session and we have been informed that this will be available if any one desires a copy. It will be necessary that this bill be amended prior to passage in order to change certain dates placed therein on the assumption that the bill would be enacted in 1961 instead of 1962. The Committee feels that there can certainly be no objections to the passage of this bill.
(2) It is recommended that a Bill be passed which, while changing the benefits, will require no additional funds. It is proposed that this Bill include the following:
a. Disability benefits should be provided for all persons eligible to receive the same without regards to length of service. In other words, this Committee feels that a peace officer who is totally and permanently disabled in the

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line of duty after having served six months deserves and needs the small maximum disability benefit provided in the Act just as much, and in many cases even more, than a peace officer who is totally and permanently dis abled after having served five years. This particular point was brought home very forcefully to the Committee by the example of a young peace officer who was totallly and permanently disabled in the line of duty after having served as a peace officer only a very short while. Under the Act as it now exists, this young man was only entitled to and is only receiving the pittance of $10.00 per month. Supplemental to the above, the Committee is informed by the Actuary that the five year graded death benefit could also be determined without any significant increase in funds.
b. A member should be given the option of taking the regular benefit payable during his lifetime only, or as an alternative, be given the oppor tunity to select a reduced benefit which would be paid either during his or his wife's lifetime. The option would be actuarially equal to the single life annuity to which a member is now entitled.
c. An option would proivde a joint life annuity similar to that described in b. with the exception that the benefit to a wife who survived a retired member would be reduced to fifty per cent of the benefit payable under this option while the husband is alive. As in b., the amount of this benefit would be determined so as to be actuarially equivalent to the single life retirement benefit currently provided.
(3) The Committee recommends that a Constitutional Amendment be passed authorizing the General Assembly to provide by law for the contri bution of state funds. This is already the case in retirement systems for county tax officials, superior court judges, superior court solicitors-general, city court officials and employees, teachers, firemen, and others. Also, a Constitutional Amendment authorizing the State to contribute funds to municipalities was recently enacted. The Committee feels that this is by far the best method of achieving stability of the Fund.
The Committee wishes to express its appreciation to all those persons who assisted it in its deliberations, and particularly would like to thank Honorable Bill Ramsey, Secretary-Treasurer of the Fund, for his cooperation in furnishing needed information to the Committee.
Respectfully submitted,
/s/ Emory L. Rowland Representative Johnson County-- Chairman
/s/ James W. Keyton Representative Thomas County-- Secretary
/s/ Ross P. Bowen Representative Toombs County
/s/ William R. Killian Representative Glynn County
/s/ Mackie Simpson Representative Wheeler County
/s/ O. D. Johnson Senator, 46th District
/s/ Carl E. Sanders Senator 18th District

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REPORT OF THE EDUCATION TELEVISION SUBCOMMITTEE
To: Chairman of the Education Committee of the House of Representatives, J. Battle Hall of Floyd:
The television subcommittee appointed from the House of Representatives Education Committee by Representative J. Battle Hall of Floyd, Chairman, and composed of Representative Parker Purcell, Chairman, Franklin, Representative Charles A. Pannell, Murray, Representative Earl Story, Gwinnett, Representative J. Grover Simmons, Banks, respectfully makes the following report:

On September 28 and 29, the committee attended the annual meeting of the Georgia School Boards Association held at the Georgia center for Continuing Education at Athens and saw a demonstration of production and reception of an educational television lesson in elementary Science by Mr. Paul Guptill, utilizing the facilities of WGTV. The group also witnessed a docudrama on ETV produced by the University of Georgia, the Atlanta Board of Education, and the Georgia State Department of Education.

On November 27 and 28, the committee visited Mr. Raymond D. Hurlbert, General Manager of the Alabama Educational Television Commission at Birming ham, Alabama. The group conferred at length with Mr. Hurlbert, his assistant, and the chief engineer regarding the organization and operation of the ETV facilities in Alabama.

There are three distinct groups working in educational television in Alabama. Each group operates separately and requests financial support from the Alabama Legislature. The committee is of the opinion that this is not a good organization because of the competition that could arise in seeking financial support. These groups are the University of Alabama, Auburn University, and the Alabama Educational Television Commission.

On December 6 and 7, the committee, accompanied by Mr. E. A. Crudup, Administrator of Educational Television, Georgia State Department of Educa tion, visited the ETV facilities of the Dade County Board of Education at Miami, Florida. After arriving in Miami the group went directly to the ETV production center located in the Lindsey-Hopkins Vocational School Building on N. E. 2nd Avenue. Dr. Jeff West, Instructional Director for Dade County Schools, cordially welcomed the visitors and introduced them to Mrs. Nan Florence, Coordinator of the ETV studio teachers and Supervisor of Production. Mrs. Florence conducted the committee on a tour of the production facilities explaining in detail the opera tions of each of the departments. The ETV production center is well organized, adequately staffed and supplied with sufficient materials and equipment to produce the type and quality lessons needed for ETV.

Dr. West had arranged a most interesting agenda for December 7.

The committee met in his office at about 8:15 A.M. and were joined by Mrs. Nan Florence and Miss Kitti Culver, Coordinator of ETV teachers of large groups.

The first school visited was the Little River Elementary School where we witnessed a lesson in elementary Spanish taught to a group of 280 5th and 6th grade students. The lesson was well received and the class participation was exceptional. The classroom teacher was very effective in the follow-up lesson.

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The next school visited was Madison Junior High School where we witnessed a class of 450 7th grade Science students taught by Mr. Harold Petrey and a class of 450 8th grade history students taught by Mr. Lewis Miles. Again the committee was impressed with the quality of the teaching, the attentiveness of the pupils, and the active class participation in the follow-up.

After the televised lesson, the members of the committee were guests of Mr. Lewis Miles, History teacher, for lunch at the Madison Junior High School.

After lunch the committee visited the Coral Gables Senior High School where they saw a television lesson in United States History being- taught to a class of over 300 pupils. Particularly noticeable in this situation was the fact that there were no disciplinary problems and that the students were taking notes on the lesson produced by television. Only two people were in charge of this large group. The classroom teacher was assisted by a clerk who checked attendance.

After viewing the class in History, the group went out to the driver educa tion driving range and briefly watched the activities there.

On the way back to the hotel from the Coral Gables Senior High School, the group enjoyed visiting the Seaquarium as guests of the City of Miami. This was arranged by Mrs. Florence.

As a result of the visits and experiences, the committee wishes to make the following observations and recommendations:
1. The committee expresses its appreciation to the personnel responsible for the program at the Georgia School Boards Association meeting in Athens, to Mr. Hurlbert of the Alabama Educational Television Commission and particu larly to Dr. Jeff West, Mrs. Nan Florence, Miss Kitti Culver, and other personnel of the Dade County Board of Education for affording- the committee the oppor tunity to see the facilities of ETV in Dade County Schools.
2. The committee wishes to express its approval of the ETV organization in effect in the State of Georgia. We feel that the operations of the ETV pro gram should be under the control and direction of the State Board of Education and not by a commission or any other outside interests.
3. The committee wishes to commend the work that has been done thus far under the direction of the Georgia State Board of Education and the State Super intendent of Schools, Dr. Claude Purcell, in the building of an ETV network for the schools of Georgia.
4. From observations made from the several visits, the committee is con vinced that educational television has a great potential for improving and en riching the educational opportunities of the school pupils of Georgia by ex tending the services of superior teachers to a great number of pupils, providing educational experiences that would not be possible in most of the schools, making possible a statewide program of in-service training for teachers, and providing an evening program of adult education of a cultural and entertainment nature that at present is not being made available by commercial interests.
5. The committee strongly recommends that the educational television pro gram be given adequate financial support that will enable the educational tele vision staff to produce quality lessons to be telecast to the school pupils of Georgia.

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Finally, the committee is of the opinion that this is a greatly needed adjunct to the educational program in Georgia and that the economy of the State is well able to support the educational television program as proposed by the Georgia State Board of Education.
Respectully submitted,
Parker Purcell, Chairman
Charles A. Pannell
Earl Story
J. Grover Simmons

REPORT OF DELEGATES NAMED FROM THE GEORGIA HOUSE OF REPRESENTATIVES TO THE CONFERENCE ON ESTABLISHING LEGAL BASES FOR COMMUNITY COLLEGES, HELD AT CHICAGO, ILLINOIS ON
OCTOBER 20-21, 1961
I. Delegates Attending:
Representative George Busbee, Albany
Representative Robert Cloer5 Young Harris
Representative James Paris, Winder
Representative Taylor Phillips, Macon
Representative Thomas Sangster, Vienna (Secretary of Committee)
Georgia Educators Attending:
A. J. Brumbaugh, Consultant, Southern Regional Education Board, Atlanta
Joe Ezell, Asst. Executive Secretary, Southern Association of Colleges and Secondary Schools, Atlanta
Lloyd A. Moll, President, Georgia Southwestern College and member of Commission on Legislation of American Association of Junior Col leges, Americus
II. Sponsorship and Administration of Conference
The Conference was sponsored by the Commission on Legislation of the American Association of Junior Colleges with the cooperation of the Center for the Study of Higher Education, University of California.
Every participant in the Conference was provided with a kit containing pertinent literature upon the subject of the Conference, including earlier policy formulations of the Commission on Legislation. Forenoon, afternoon, and evening sessions were held. Every session had a general presentation followed by a period of discussion and criticism. For the discussion periods participants were divided into two groups. Each group had a presiding officer, a consultant, and a re corder. Participants will be provided with copy of entire Proceedings. Twentyeight states had representation at the Conference.

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III. Conference Findings of Particular Interest to the Operation and Expansion of Public Junior Colleges in Georgia
a. General Principles.
1. The type junior college with which the Conference was primarily con cerned was community colleges, without dormitories, located in areas with a sufficient number of students living within commuting distance. The community junior colleges provide programs which parallel the first two years of a four year program. This work provides, on the local level, education of equal grade and quality to that done in the four year degree granting institutions.
2. It was agreed without dissent that under present levels of education pre vailing in this country it is incumbent upon a state to provide an adequate pro gram in junior college education for its citizens. This program must include provision for those people who are interested in further study for service in the professions, provision for those interested in technical pursuits and terminal education, and programs in adult education. A state needs to do this for its own proper development. It cannot hope to attain and maintain its rightful role in our society unless its citizens are prepared with the aptitudes and skills de manded by our society.
3. It was generally agreed that an effective program in junior college ad ministration should have local administration with general policy formulation and coordination on the state level. Predominant sentiment seemed to favor financial participation on state, local, and individual levels. The state of Cali fornia (which has the most extensive junior college program among all the states), however, prohibits student fees by state law. However, most of these states have more local participation in all phases of education than exists in Georgia.
b. Status and practices in the Operation of Public Junior Colleges in Georgia in Reference to These Principles
1. The system of public junior colleges in Georgia had an early and effective start. It evolved out of the District Agricultural and Mechanical Schools. A basic weakness in the administration of these schools was the complete absence of co ordination at the state level. They were administered through boards which reported directly to the state legislature and in their separate capacities sought support from the legislature.
2. In the general reorganization of state government during the Russell Administration in 1931 all public higher education in the state was placed under a State Board of Regents and administered directly through that Board. Local boards were discontinued.
3. The Board of Regents sought the advice of a committee of outside ex perts in the very beginning of its operations (Works' Report, 1933). This report took the viewpoint that junior colleges were part of the secondary school program and should be administered as such through local boards. Two subsequent studies, the last being the Strayer Report of 1949, reiterated this position.
4. These reports were strongly influential in preventing the establishment of additional junior colleges by the Board of Regents. However, since all junior colleges throughout the country have in fact always been viewed as an integral part of programs of higher education and have been accredited upon this basis with student transfer credit being assumed for work taken in junior colleges, it is clear that the development of junior colleges in Georgia was hampered by unfortunate confusion in semantics by the outside experts. The significant thing

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that these experts were agreed upon was that there should be local participation in the administration of junior colleges, and probably local support. They did in fact consider junior colleges as part of programs in higher education.
5. In 1955 officials of the Board of Regents publicly affirmed their intention of continuing to operate and expand the system of state junior colleges. However, this pertained to dormitory type junior colleges, many of which are located in rural areas.
6. In 1957 the General Assembly of Georgia passed a resolution endorsing community junior colleges in urban areas without dormitories, and created a committee to study the need for the locations and operations of such community colleges. Pursuant to this committee's recommendations, a general law was enacted in 1958 to provide for the creation and operation of community colleges. Under the 1958 Act these colleges would be operated by the local boards of educa tion under the supervision of the Board of Regents. There was nothing manda tory in the Act for continued State financing by the State even after the State had authorized the creation of such colleges. Since the passage of this Act, the Board of Regents has established several additional junior colleges, but upon the basis of its original authority and not under the original provisions of the Act of 1958. The enabling Act of 1958 continues inoperative, and there is no local administrative participation in the operation of the State junior colleges in Georgia.
c. Recommendations of the Committee
The Committee feels that the Board of Regents is to be commended for recognizing the need for additional junior colleges in the state in recent years. It may have been wise for the Board to establish these newer colleges upon the earlier state-level basis, rather than operate two distinct programs on the junior college level. The newly established colleges have been well located.
However, the Committee feels that there are many complex problems that need to be solved by further study, and a general policy adopted for the creation and operation of this type community college. This Committee is continuing its study of the wealth of information obtained at the Conference in Chicago together with the other material being furnished to the individual members of the Com mittee by the various other states. This Committee will make definite and detailed findings and recommendations before the next session of the General Assembly concerning the creation of these colleges, and intends to prepare legislation necessary to carry out its recommendations. Copies of these recom mendations will be mailed to each member of the General Assembly prior to the next session.
The members of this Committee appreciate the privilege of attending this Conference. It was an informative and stimulating conference, with great po tential benefit to the State of Georgia.
Respectfully submitted,
/s/ Thomas Sangster Dooly County, Secretary
/s/ George Busbee Dougherty Connty
/s/ Bob Cloer Towns County
/s/ James Paris Barrow County
/s/ Taylor Phillips Bibb County

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REPORT OP SPECIAL SUB-COMMITTEE ON COMPULSORY ATTENDANCE

The sub-committee which you appointed to study the Georgia compulsory school attendance law has devoted five days to its work. On Monday, November 27, 1961, this sub-committee conducted public hearings during which 33 people stated their views and made their recommendations. Most of these people repre sented organizations. These included, Georgia Congress PTA, Atlanta League of Women Voters, Georgia Federation of Women's Clubs, United Church Women of Atlanta, United Church Women of Georgia, Classroom Teachers of the Georgia Education Association, Georgia School Administrators Association, Fulton County Council PTA, Georgia State Chamber of Commerce, Georgia School Boards Association, State Department of Education, United States Bureau of Labor Statistics, Marietta Council PTA, Georgia Teachers and Education Association.

Four Representatives in the General Assembly of Georgia presented their views. They are Honorable J. Battle Hall, of Fl.oyd County, Honorable Del Bowen of Randolph County, Honorable Pat McCutchen, of Gilmer County, and Honorable Mac Barber, of Jackson County.

Of the 33 people who expressed their views, 31 advocated continuance of the compulsory school attendance laws and two advocated repeal of these laws. The two who advocated repealing the law are Honorable Del Bowen and Mr. John L. Mauldin, Route 4, Marietta, Ga. Mr. Mauldin said that he was speaking as an individual and not as representing any organization.

After due consideration and study of the compulsory school attendance law, your sub-committee makes the following recommendations:
1. That the compulsory school attendance law remain in affect in Georgia, that it not be repealed, and that it not be weakened.
2. That additional study be given to strengthening the visiting teacher pro gram in Georgia.

REPORT OF SPECIAL SUB-COMMITTEE ON THE STUDY OF GEORGIA VOCATIONAL EDUCATION -- APPOINTED BY REPRESENTATIVE J. BATTLE HALL, CHAIRMAN OF THE GENERAL ASSEMBLY JOINT COMMITTEE ON EDUCATION
We would first remind ourselves and all citizens of Georgia that in spite of the great increase in the amount of funds spent for public education that we are still only graduating from the 12 grades only about one-fourth of those children who enter the first grade and that of those who finish the 12th grade only 40% ever attend college
And that furthermore we as a State and a Nation cannot afford to not give additional training to these drops-cut students if we as a State and Nation are to maintain our position as a leader in the world today.
And that possibly a large percent of these drop-out students become problem youth who contribute to our juvenile delinquency problem as well as penalizing the State, Nation, and themselves insofar as their being able to make their

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potential contribution to our society is concerned.

We, therefore, make the following recommendations and suggestions to the members of the Georgia Assembly and to other appropriate groups:
No. 1. This Committee is preparing and will sponsor legislation in the 1961 Session of the Georgia General Assembly an enabling Act to activate the constitutional amendment passed at the last General Election authorizing political subdivisions to construct and operate Area Vocational Trade Schools.
No. 2. Whereas, the present method of teacher allotment in Georgia does not give credit in allotting vocational teachers for those students en rolled and taught by vocational teachers in evening or night classes, neither does it take into consideration the fact that most classroom vocational teachers are required to visit and supervise students with home projects as well as students at places of on-the-job training in industry and business. Neither does any vocational department of any school system receive credit in teacher allotment for community work during the summer months such as operation of canning plants;
Therefore, we, the Vocational Study Committee, do recommend to the State Board of Education that for each one (1) vocational teacher now allotted under the present method to the several school systems that there be allotted an additional (1/2) one-half teacher to be placed in the school by the local Board wherever they decide any part of the school program needs strengthening.
No. 3. Although realizing that in some schools that there may not be a maximum number of vocational students there is in our opinion a need for some phase of vocational training in every secondary school in the State. In order not to prevent each vocational teacher from doing an adequate job with their class we recommend that the State Board of Education establish a maximum number of in school students that will be permitted in each accredited class of the several divisions of the vocational education depart ment.
No. 4. We respectfully call to the attention of the Board of Regents that our study has indicated a need for additional training in vocational guidance at the schools of education for those seeking degrees in guidance and testing.
No. 5. This committee recognizes and strongly believes in, that truth, as set forth in Article 8, Section 1, paragraph 1, of the Constitution of Georgia which says, "It shall be a primary obligation of the State of Georgia to provide an adequate education for the citizens of the State" and that "The expense of such education shall be provided by taxation." We further recog nize that an education can no longer be considered adequate at the high school graduate level.
We are aware of the present plans of the State Department of Educa tion in regard to the location and building of 32 Area Trade Schools within the State. We believe that this type of training is important to our State but that the need for such facilities could be limited to some extent by the location of new industries within the locality being served. We urge that serious study should be given to the possibility of broadening the educational opportunity of the new schools.
We, therefore, recommend that the General Assembly of Georgia estab lish a Committee to make a thorough study of the need and feasibility of

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making available advanced academic training above the present high school level in conjunction with the operations of these area trade schools, and that such Committee shall work with the State Board of Education and State Board of Regents in studying and determining if some of our higher educa tion needs cannot be met in this way.
No. 6. We, the members of the Committee, would like to express our appreciation to the State Director of Vocational Education and his entire staff for their cooperation and assistance to this Committee in making their study. We would further commend them for the outstanding work that they are doing in the field of vocational training.
David L. Newton, Chairman
E. C. Davis, Member
Brooks Culpepper, Member
George J. Williams, Member

REPORT OP SPECIAL SUB-COMMITTEE ON SCHOOL FOR THE DEAF
COMMITTEE: Honorable Charles Crowe, Chairman, Bartow County; Honorable Handsel Morgan, Gwinnett County; and Honorable Joe Mack Wilson, Cobb County.
The Committee members interviewed numerous parents of children attending the Georgia School for the Deaf. The Committee made a detailed study of the appropriations and expenditures as outlined in the Audit Report.
The Committee met December 5, 1961, at the School in Cave Spring. Dr. A. P. Jarrell, Director of Vocational Rehabilitation Services, and Superintendent Fred L. Sparks introduced the Committee to members of the school staff. After lunch the Committee met with Dr. Jarrell and Superintendent Sparks and dis cussed: Finance, Student Enrollment, Faculty, Physical Plant, and Curriculum. A tour of the campus and observations of the farming operation followed.
OBSERVATIONS:
Meals were well prepared and served efficiently in pleasant surroundings. Classrooms visited were modern and well equipped. Old and new dormitories were visited. Dormitory building conditions were found arranged from excellent to very poor.
The Committee visited vocational shops and found most to be well equipped with others needing special equipment.
On touring the grounds, the Committee found roadways in need of repair and found that effort was being made to beautify the campus by planting shrub bery.
The Committee noted the high morale of the faculty and students.
The Committee was pleased to learn from those in charge that each child was given two physical examinations each year.

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RECOMMENDATIONS:
1. New dormitories be built and old dormitories be modernized as soon as possible to relieve the crowded conditions.
2. Qualified speech therapist be employed and that all students be taught lip reading and speech to the best of their ability.
3. The very latest testing equipment be placed in the school and arrange ments be made to have a properly trained technician make periodic checks on all students to evaluate their hearing ability.
4. Additional teachers be retained to reduce pupil-teacher ratio to eight (8), and higher supplements be paid and other benefits be offered to attract and hold the best qualified teachers.
5. Modern business equipment be purchased and emphasis placed on training students for office work, and that offset printing equipment be secured for the print shop.
6. Recreational facilities be expanded and additional supervisory personnel be retained to aid this expanded program.
7. Public relations program be expanded, and that the Parent-Teacher Asso ciation be encouraged to participate more actively in this program and in all school activities.

In view of the small number of students and school budget allotment, the Committee feels that effort should be made to make the Georgia School for the Deaf a model school and one in which every Georgian can be proud. Serious study should be made of the appropriations so that this goal may be achieved.

THE GENERAL ASSEMBLY
State Capitol
Atlanta
January 8, 1962
TO: Honorable Geo. L. Smith II Speaker, House of Representatives Members of the House of Representatives
Gentlemen:
We are pleased to present the report of the House State Institutions and Property Committee. The full Committee authorized various Subcommittees to study the subjects which normally would fall within the jurisdiction of each. As is evidenced by the attached reports of the Subcommittees, the full Committee is concerned with a large variety of important subjects, most of which affect directly or indirectly all the citizens of this State. The Chairmen of the Sub committees will be pleased to consult with any members of the General Assembly regarding any phases of the attached reports.
Members of this Committee have worked diligently and appreciation is hereby expressed to the Chairmen, other officers and all members of the Sub committees. We wish to express sincere appreciation to all those persons who

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assisted the Committee and its Subcommittees, and particular thanks are due to Honorable Geo. L. Smith, Speaker, S. Ernest Vandiver, Governor, Honorable George Hamilton, State Treasurer Emeritus, Honorable Dave Benson, Public Service Commission, Honorable Charlie Swint, Office of the Governor, Honorable Frank H. Edwards, Legislative Counsel, Honorable Glenn Ellard, Clerk of the House, and Miss Janette Hirsch and Miss Amelia Smith, Assistant Clerks of the House.
Respectfully submitted,
Julian H. Cox, Representative, Clarke County Chairman, House State Institutions and Property Committee

REPORT OP THE PENAL INSTITUTIONS SUBCOMMITTEE
TO: Chairman of the State Institutions and Property Committee of the House of Representatives
The Penal Institutions Subcommittee respectfully submits the following report:
INTRODUCTION
The members of the Penal Institutions Subcommittee, undertaking to de termine the actual uncolored, everyday operating conditions existing within the State's penal institutions, paid unannounced inspection visits to the Georgia State Prison at Reidsville, Georgia Industrial Institute at Alto, and seven of the Prison Branches, as well as several county camps located in various parts of the State. Those visited comprised a fair cross section of the State Prisons and representative samples of county camps. It was anticipated that the unpublicized visits would better enable the Committee to observe the normal activities and get a more accurate picture of actual conditions; and we feel that we did get a true picture of the conditions and operations within the prison system, as nearly as is possible considering the length of the visits.
The Committee interviewed prison officials and talked informally with super vising personnel and inmates at every prison visited. Inspections were thorough and unhurried. Every phase of the operation was investigated and every portion of the physical plants was examined.
Prison officials received Committee members cordially and cooperated in every way possible.
FINDINGS
It is the general impression of this Committee that the State Department of Corrections and the Wardens of the individual prisons are doing a good job considering the available facilities and the amount of money expended. The units under the Department of Corrections apparently operate more economically and at a less cost-per-individual than any other Department of the State Govern ment.
Most of the prisons were found to be efficiently operated, with good food,

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well prepared; sanitation standards satisfactory; inmates' appearance good; and morale good insofar as could be determined. The Committee was impressed with the improvement of available medical, surgical, and dental services to prisoners within the last few years and even within the last twelve months. These matters were of particular concern to the Committee at each visit. There is still a deficiency in psychiatric and psychological services.

All the prisons have Chapels, or other facilities, for religious services (with available Chaplains), commissaries, available newspapers and magazines, and television, as well as some supervised recreation programs, though the latter is limited. Library facilities were below what the Committee considered desired standards. Even at Georgia State Prison where an extensive library was in operation, it was found that much of the material was obsolete and unappealing.

Most of the prisons are producing a large portion of their food with efficient farm operatons, utilizing prison labor. At the time of the Committee's visit, most had good crops and available livestock, with well-supplied freezers and smoke houses.

Except among the county camps, prison facilities are generally overcrowded. In addition to the health and moral factors, this condition renders impossible any effective segregation of misdemeanor and felony prisoners, first offenders, etc., and also seriously restricts many desirable activities such as supervised group recreation and guidance programs which would contribute to the rehabili tation of the prisoners. Further, there is need for sufficient facilities for the classification and segregation of extreme personality types, and for the separation and possible treatment of sex deviates.

Crowded conditions will be relieved somewhat by a building program which is now underway at Reidsville and Alto, making maximum use of prison labor. Two additional wings of individual cell-block type security units are under construction at the Georgia State Prison which will house 480 prisoners. One wing is scheduled for completion in January and the second in the fall of 1962. Even after occupancy of these two wings, however, this prison will still have some 500 inmates beyond "capacity." At the Georgia Industrial Institute at Alto an academic building with gymnasuim is being built for occupancy by September 1962.

The pay scale of guards and most other personnel is woefully low--in fact wholly inadequate for securing and holding the type of personnel demanded by the job. Also, many guards are now working from sixty to as high as ninety hours per week, averaging less than fifty cents per hour a part of the time.

RECOMMENDATIONS
(1) The Committee recommends that individual counties be required to maintain their misdemeanor prisoners either in work camps within the county or in nearby counties by contractual agreement. The Committee is convinced that such a requirement will work a minimum of hardship, and is the only means of relieving the overcrowded conditions existing in the State Prisons. A reasonable period of time should be allowed for the transition.
(2) The Committee recommends that the pay scale and work hours for prison guards be adjusted so as to bring them more nearly in line with other State employees. We recommend a minimum starting salary for guards of $225 per

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month with periodic advancements. Additional guards should be hired in some instances so as to reduce the number of working hours now required. The Com mittee further recommends that wherever possible housing be provided for guards in addition to the recommended salary increase so as to attract competent men for the job. Homes for Wardens at all State prison sites should be provided at the earliest possible date.
(3) The Committee recommends that the Department of Corrections work with the State Department of Education so as to insure adequate funds for operation of the new academic program at the Georgia Industrial Institute at Alto and to insure the complete accreditation of the school work done there.
(4) The Committee recommends that more attention be given to the expan sion and maintenance of library facilities in all the prisons.
(5) The Committee recommends the replacement of the remaining wooden structures at two prison branches with fire proof construction as soon as money is available.
Respectfully submitted:
Handsel Morgan, Chairman Gwinnett County
H. E. Kirkland, Secretary Tattnall County

REPORT OP SUBCOMMITTEE ON STATE INCOME PRODUCING PROPERTIES OF THE HOUSE STATE INSTITUTIONS AND PROPERTY COMMITTEE
As decided in a meeting of the full House State Institutions and Property Committee, the various Subcommittees of that Committee have made separate studies of property and institutions normally falling under their respective juris dictions. The Sub-committee on State Income Producing Properties has limited itself to the following:
(1) The Governor's Mansion Property. (Henry Grady Hotel Property)
(2) The Western and Atlantic Railroad.
(3) Hotel Plaza Property (Chattanooga, Tennessee)
(4) Eastern Hotel Property (Chattanooga, Tennessee)
All the property listed is under lease and all leases have been examined. The Subcommittee has also made a trip over the Western and Atlantic Railroad Line and has personally inspected the Henry Grady Hotel Property and the Chatta nooga, Tennessee property.
The Subcommittee has held various meetings and has heard from state officials and others with reference to the property. The Subcommittee heard from Honorable George B. Hamilton, then State Treasurer, Honorable David Benson, representing the Public Service Commission, and Honorable Jesse Draper of the "Mansion Sites Commission". The property listed will be dealt with in order.
(1) The Governor's Mansion Property (Henry Grady Hotel Property).-- The present lease on this particular property expires May 31, 1972. For a number

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of years various proposals have been made to effect a new lease beginning with the expiration term of the present lease. As of this date no such proposals have been adopted.

In 1960 the General Assembly passed an Act creating the "Mansion Sites Commission" which was created for the purpose of making recommendations concerning the leasing of this property. The Governor, by Executive Order dated October 28, 1961, activated the Commission. The Commission did not com plete its work in time to make recommendations to the 1961 session of the General Assembly and a Resolution was adopted at that session extending the time of the Commission. The Commission has advertised for proposals relative to the leasing and development of the property and all such proposals are to be received on or before January 4, 1962. It should be noted that no proposal shall in any way be binding on the State of Georgia unless or until it has been approved or authorized by Act or by a Joint Resolution of the House and Senate.

Due to the foregoing, the Subcommittee makes no recommendations at this time and will await the Report of the Mansion Sites Commission which must be presented to the General Assembly on or before February 1, 1962. We wish to state that at the specific reqeust of the Committee, the Governor authorized an appraisal of the property and this appraisal is now being made and will be available for use when any proposals submitted by the Mansion Sites Commission are being considered.
(2) The Western and Atlantic Railroad.--The present lease on this property terminates December 27, 1969. For a complete treatment of the history and background of all phases of this property, we refer you to a Brochure prepared by Honorable Matt L. McWhorter for the members of the General Assembly with reference to the 1961 Joint Inspection Trip to Chattanooga. This Brochure is dated January 27, 1961, and contains invaluable information relative to not only the Western and Atlantic Railroad, but to the non-railroad property in volved. The Western and Atlantic Railroad Commission is in charge of the administration of the railroad and other properties connected with the railroad but not used for railroad purposes. Certain non-railroad property has been leased by the Western and Atlantic Railroad Commission for a period of forty years beginning December 28, 1969. This has made it possible for substantial improve ments to be made on this property thereby greatly enhancing its value.

The Subcommittee feels it imperative that a survey be made of the entire Western and Atlantic Railroad property. It has been found that there is a definite possibility that encroachments have been made on this property and it is in cumbent upon the State to ascertain the true facts in this situation. This can only be accomplished by a survey. The Subcommittee recommends that, if and when the Commission enters negotiations for any new lease of the Western and Atlantic Railroad property, all property not being utilized for railroad pur poses be deleted from any such lease and only property actually needed and used for railroad purposes be included therein. It is recommended that such nonrailroad property be the subject of negotiations for leases with present tenants or other prospective tenants.
(3) Hotel Plaza Property (Chattanooga, Tennessee).--The lease on this property expires December 31, 1975. The Subcommittee feels that there is no necessity for making recommendations concerning this property at this time, but does urge that no lease be entered into any time in the near future and that before any lease is entered into the State Institutions and Property Committee make specific recommendations at a future date.

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(4) Eastern Hotel Property (Chattanooga, Tennessee).--This property is under a ninety-nine year lease and the Subcommittee feels it would be pointless to make any recommendations whatsoever with regards thereto.

The Subcommittee has not gone into all the various and sundry technical details connected with the property covered in this Report and the various leases in respect thereto, because it felt that to do so in this Report would serve no useful purpose. The members of the Subcommittee, however, will be happy to furnish all the information which was made available to it if any of the members of the General Assembly have any questions concerning these leases. Copies of all leases are on file and are available for study as public records. If the Sub committee members are unable to furnish the information desired, we feel we can at least furnish a source to the individual members of the General Assembly from which the information can be obtained.

This Subcommittee wishes to express its appreciation to all those who have assisted it in its study and deliberations. We have received the full cooperation of all state officials and others who are connected with the administration of the property under study.
Respectfully submitted,
/s/ Alien P. Roper, Chairman Representative, Greene County
/s/ L. E. Adams, Jr., Secretary Representative, Polk County

REPORT OP STATE PORTS SUBCOMMITTEE
TO: Chairman of the State Institutions and Property Committee of the House of Representatives
The State Ports Subcommittee respectfully submits the following report:
The members of the State Ports Committee made an inspection tour of all port facilities in the State commencing at Bainbridge on July 20, 1961. There, the Committee met with local port officials and toured the port property, which makes up this inland port. The Committee also made a tour of adjacent industrial sites with the view of determining the feasibility of future port expansion. The Committee also conferred with local industrial leaders, city officials and port personnel.
Prom Bainbridge the Committee traveled to Early County at the request of Representative Baughman of Early County, for the purpose of inspecting the site where the future plant of the Southern Land, Timber and Pulp Corporation is now under construction on the Chattahoochee River. The Committee conferred with Representative Baughman as well as with officials of the Corporation and of the contracting firm who is constructing the new plant at such location. At the site, the Committee was shown detailed plans regarding the utilization of the Chattahoochee River for transportation of raw products as well as finished products to and from such plant.
From Early County the Committee then traveled to Columbus, Georgia,

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where Representative William C. Wickham had arranged a meeting with Georgia Ports Authority member Howell Hollis, the Mayor and City Commissioners of Columbus, County Commissioners of Muscogee County, Reps. Mac Pickard and Harry Dicus of Muscogee, and other local officials. Here, the Committee, after a detailed discussion of all aspects of this particular port development, in a meeting at the City Hall, made an inspection of the properties upon which the inland port at Columbus is proposed to be constructed.

The Committee later met at Augusta, Georgia, on July 17, 1961, in the office of Georgia Ports Authority Chairman Robert C. Norman, with Mr. Norman and city and county officials and local ports authority members. The over-all ports program was first discussed with Chairman Norman and then, a more detailed discussion of the inland port construction and development at Augusta was held. The Committee then journeyed to the port facilities on the Savannah River with Chairman Norman and other local port officials where an inspection was made of such port site.

The Committee next traveled to Savannah where it first met with Super intendent J. D. Holt and Mr. Charles Hooper, both of the Georgia Ports Authority. It was then conducted on a water front tour by the U. S. Corp of Engineers in its large tugboat, and, under the direction of Col. Strickland and in which tour, all aspects of the Port of Savannah were inspected. The Committee saw from the water side the construction of the new berths addition to the State docks and the Whitehall Plantation Property upon which future port expansion will be made. The Committee was also briefed by Mr. Holt in various activities being carried on by the Ports Authority. Subsequently, a meeting was held with State Ports Authority member Johnson, Rep. Arthur Funk of Chatham, and Ports Authority, City, and County officials.

The last phase of the inspection of the Committee was at Brunswick. Here, Representative Winebert Dan Flexer, Secretary of the Committee, arranged several meetings with Brunswick and Glynn County officials, Rep. William Killian, State Ports Authority member A. M. Harris, and other officials. A yacht tour of the entire Brunswick water front, harbor, St. Simons Sound, and partial inland water way was taken by the Committee and local officials at which time various large ocean going vessels were observed loading and unloading at the deep water docks. Subsequently, the Committee, together with various officials, met at the site of both the Brunswick State Docks and the Brunswick Port Docks, which sites, together with warehouses, were inspected and the loading and unloading of ocean going vessels was observed.

The Committee respectfully makes the following observations and recom mendations:

BAINBRIDGE: The Committee found that the Bainbridge docks were being operated efficiently by a competent staff. The Committee found that there are possible additional needs for warehousing and equipment at Bainbridge.

EARLY COUNTY: We feel that any recommendation for State supported facilities, in Early County, would be premature at this time, and therefore, the Committee respectfully refrains from making any recommendations regarding this proposed site.

COLUMBUS: The Committee was particularly impressed both with the

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site of this proposed inland port as well as with the adjacent land available for industrial location. Based upon an evaluation of information given to the Com mittee, the Committee endorses wholeheartedly the action of the Georgia Ports Authority in establishing this inland port at Columbus and recommends immediate commencement of construction.

AUGUSTA: The Committee feels that the establishment of an inland port at Augusta will serve a vital need of that area of the State as well as compliment the deep sea port at Savannah. The Committee also feels that the location of this inland port is excellent. We further feel that the present, together with proposed docks and warehouses, are well planned to satisfy the needs in this area.

SAVANNAH: The construction of new berths and facilities at the deep water port at Savannah is almost completed. These new facilities will contribute substantially toward a more efficient port operation for deep water vessels and will help eliminate certain costly delays occasioned in the past regarding loading and unloading of vessels. The Committee was particularly impressed with the forethought which has been shown in the acquisition of the Whitehall Property, which property, being adjacent to facilities presently in use, furnishes a vitally needed area both for expansion of docks, and a large desirable area for industrial location. The staff of the Georgia Ports Authority, under the supervision of Mr. J. D. Holt, is doing a highly commendable job in their operation of this deep water port.

BRUNSWICK: Brunswick is the only deep water port in Georgia located on the ocean. The natural harbor is considered one of the finest on the entire Eastern Seaboard of the United States. The Committee was particularly pleased with both the location and physical layout of the new State Docks and Brunswick Port Docks, together with ancillary warehouses and facilities. The apparent rapid growth and development of this particular area of our State, industrial wise, is significant regarding future need of further port development in Bruns wick. The Committee observed the deep water property known as Colonel's Island and which is situated almost directly across Turtle River Bay from the Brunswick Port and the Brunswick State Docks. This property would provide an ideal location for future deep water docks not only because of the deep water location but because of its large land area which would furnish sites for many industrial locations. Your Committee feels that the State should give serious thought to the acquisition of this Colonel's Island property for future docks and industrial location purposes.

Regarding immediate future, and future, development of our State Ports Program, the Committee feels that, in line with vigorous policies presently being pushed by many of our adjoining Southern States, some type of a program of financing subsidization by the State to our State Ports Authority, would be well placed.

The Committee commends Chairman Robert Norman and the members of

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the Georgia Ports Authority for their outstanding administration of the Ports Program in Georgia. The Committee was particularly impressed by the local support shown by officials and citizens of Columbus, Augusta and Brunswick in each of their respective ports projects.
December 7, 1961.
Respectfully submitted:
/s/ James W. Paris, Chairman Barrow County
/s/ Parker Purcell Franklin County
/s/ Winebert Dan Flexer II Glynn County
/s/ B. E. Pelham Schley County
/s/ Warner Wells Peach County
/s/ William C. Wickham Muscogee County
/s/ H. G. Hall Lee County

REPORT OF SUBCOMMITTEE ON ELEEMOSYNARY INSTITUTIONS OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE.
The Chairman of the State Institutions and Property Committee, Honorable Julian H. Cox, along with the Vice-Chairman and Secretary of this Committee, met with all Subcommittee Chairmen at the State Capitol on May 19, 1961, to discuss the proposed activities of the Subcommittees in the period before the next regular session of the General Assembly. The Subcommittee on Eleemosy nary Institutions decided to visit and to report on only a small number of State institutions coming within its jurisdiction because of the brevity of the time alloted. After some discussion we decided to visit the Georgian Clinic, Battey State Hospital, Milledgeville State Hospital, and Gracewood State School and Hospital and to report to the 1962 session of the General Assembly of Georgia.
This Subcommittee was composed of its regular members, and in addition thereto, two members of the State Institutions and Property Committee. The latter were assigned in order that all Committee members would have an oppor tunity to work on at least one of the Subcommittees.
On the following day this Subcommittee met to discuss its course of action and during the summer and fall visited the above named institutions. All mem bers of the House who were appointed to this Subcommittee were unable to take part in all of these visits because of conflicts in business schedules and personal affairs, but the following members were able to participate in the work: Talmage B. Echols, Upson County, Corbin C. Roberts, Jones County; Emory L. Rowland, Johnson County; Fred H. Walker, Lowndes County; Joe Mack Wilson,

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Cobb County; and Arthur K. Bolton, Spalding County.

For the sake of clarity this report is separated into parts designated by the various institutions visited and each part concludes with the Subcommittee's recommendations for that particular institution.

GEORGIAN CLINIC
The members of the Subcommittee talked rather extensively with Mr. Charles B. Methvin, Dr. Sidney Isenberg, Psychiatrist, and Dr. E. A. Verdery, Baptist Minister and staff member, all of whom serve as counselors for the patients admitted to the Georgian Clinic. We were informed that the patients receive medical, psychiatric, and religious attention to their problems. Everyone ap peared very enthusiastic about the work that was being done and the results of their efforts.

The only other state operated clinic for alcoholism is the relatively new clinic established in Savannah. The people with whom we talked were of the opinion that we should make every effort to finance additional state operated clinics for alcoholics. The advantage of the expansion of such facilities would be to provide treatment closer to home of the patients. No particular clinic would then become too large and administratively cumbersome to operate efficiently. In addition the placing of an undue burden on the existing facilities would be pre vented.

The present budget of the institution is $285,000.00 including the cost of the clinic at Savannah. Patients are charged according to their ability to pay; however, no patient is refused treatment because of his inability to pay. Both white males and females are accepted for inpatient treatment (treatment while remaining on the premises), and a minimum of ninety days to one hundred and twenty days inpatient treatment is generally required in order to be effective. Maximum capacity for inpatients is forty. In addition to inpatient treatment the clinic treats an average of 40 to 80 day patients, who come to the hospital one or more days each week, eat the noon meal there, and remain until 9:00 P.M. The clinic makes extensive use of medical students attending Emory University School of Medicine, thereby affording advantages to the students and to the clinic in that the former gain valuable experience while the latter receive their services for relatively little cost.

The staff unanimously agreed that other alcoholic clinics should be estab lished throughout the State and also agreed that when an increase of approxi mately $250,000.00 in their annual operating budget this program could be ef fectuated.

This Subcommittee is of the opinion that Georgia is pioneering in the field of the treatment of alcoholism and has, in fact, gained worldwide recognition for this effort. We further believe that this program has proved worthwhile and that as soon as possible the General Assembly and Governor should make sufficient funds available for this institution to carry on a program establishing outpatient clinics throughout the State. Georgia has officially recognized alco holism as an illness, and it is certainly much more economical to treat patients who are suffering from the disease of alcoholism in institutions such as this, rather than to have them confined as a result of their illness.

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BATTEY STATE HOSPITAL
Dr. Raymond P. Corpe, Superintendent of Battey State Hospital met the Subcommittee and several hours were spent in his office discussing the problems at Battey State Hospital. A tour of the institution by the Subcommittee followed.

The number of applications for Battey, contrary to most other State insti tutions, has diminished. However, the total patient load has now apparently stabilized at approximately 900 patients. No waiting list exists at Battey, and the hospital now admits approximately 1,588 patients per year on an admission service operating 120 beds. The surgical service maintains 42 beds and approxi mately 25 of these are constantly occupied.
Currently 455 beds are in operation on the white treatment service; 373 are occupied; 537 beds are in operation on the colored service, 406 are occupied. The hospital operates a total of approximately 1,150 beds, with about 900 being filled on any given day.
The present day method of treating tuberculosis consists of hospitalization of the patient to break the chain of infection as well as to protect those people who are well. Hospitalization renders the patient noncontagious by a restriction of physical activity, a nutritious diet, and a combination of antituberculosis drugs. Approximately one-tenth of the patients also require some sort of surgery.

The participation of Battey State Hospital in clinical research studies in relation to the treatment of pulmonary tuberculosis has brought considerable credit to the institution and has contributed greatly to the knowledge of the treatment of that disease. Not only has this participation in the United States Public Health Service Cooperative Research Studies been beneficial to many patients, but it has also reduced the number of personnel and the cost of operation, since many drugs and x-rays have been furnished by the United States Public Health Service. The therapy program conducted in the institution and its results will compare favorably with that of any institution in the United States.

A continued drug therapy program for patients after they have been dis charged from the sanatorium has been in effect since 1953. Georgia made these drugs available at taxpayers expense and in doing so became a pioneer State in that practice. The results of this program, conducted in cooperation with the local health departments throughout the State, have saved the State many thousands of dollars because of the relatively few patients that relapse once they are adequately treated. Consequently, less than two per cent of the patients coming to the hospital have drug resistant organisms, and well under one per cent of newly admitted patients have any appreciable drug resistance.
Battey operates on a $4,000,000.00 budget, and the average per diem day cost compares very favorably with any institution in the United States producing the caliber of work that is being performed there. The cost is considerably less than that of many institutions doing a similar quality of work.
The successful therapy program in operation at Battey State Hospital is the only assurance to the people not afflicted with tuberculosis that the infectious, contagious cases will be rendered noncontagious and thereby not likely to be spread to those who are well. In other words, the operation of this hospital protects the healthy while curing the ill.

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This Subcommittee recommends that the high patient cost be maintained, as this, too, is an institution which has gained worldwide recognition and is undoubtedly one of the finest institutions of its kind in the United States. Georgians should certainly be proud of the work done by Dr. Corpe and the members of his staff, and every effort should be made by the Health Department to provide him with sufficient medical and surgical personnel in order to carry on the present high standard of patient treatment. This Subcommittee recom mends that certain laws be enacted in order to assist in the operation of this institution. We are informed that these laws will be presented to the General Assembly in a complete revision of the public health laws of this State.

MILLEDGEVILLE STATE HOSPITAL
The Subcommittee met in Milledgeville the afternoon before its planned visit to the Milledgeville State Hospital in order to discuss the proposed activities. On the following morning we met at the Hospital and were greeted by Dr. McKinnon and spent several hours in his office discussing the operation of this institution.

Milledgeville State Hospital, commonly known as Milledgeville, is now operating on a budget of $13,750,000.00, yet a minimum of $20,000,000.00 would be required to adequately care for the patients. The enormity of the problem confronting Dr. McKinnon and the members of his staff can only be realized when it is known that there are 12,000 patients in this institution; therefore, it is more than 13 times larger than Battey State Hospital, 8 times larger than Gracewood, and the second largest mental institution in the entire world. This is not because Georgia has more mental problems than other States, but simply because Georgia has placed all of its mental patients in one centrally located institution. Milledgeville now receives approximately $240,000.00 per year under the new patient pay plan.
The Hospital has over 3,500 patients who are more than 65 years of age, and the institution is approximately 35% short on attendants on wards serving these patients.

The problems confronting Dr. McKinnon and his staff are vast and enormous. They have been reported by sundry medical and mental health groups and by frequent items in the news media, so that this Subcommittee shall not and indeed will not undertake to outline them in this report.

Your Subcommittee spent the remainder of the day visiting the various wards in the hospital. We returned on the following morning, talked with Dr. McKinnon, and separated into smaller groups for a visit to many of the wards.

The Subcommittee believes that every Georgian would understand the prob lems presented at the Milledgeville Hospital if he would take time to visit at least one of the wards located at this institution. Such a visit would not only foster understanding but would, indeed, be beneficial to all the citizens of this State. This Subcommittee believes that Dr. McKinnon and the program which is being undertaken for the Milledgeville State Hospital is well thought out and planned. Tremendous strides are being made commensurate with the inadequate financing and resultant total inadequate staff and personnel.
Based on our inspection and talks with Dr. McKinnon and the staff, we submit the following recommendations.

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(1) Local communities throughout the State should be encouraged to pro vide nursing homes for the aged. By this method some of the congestion at this hospital would be relieved. Presently, many of the elderly patients requiring only custodial care have no other place to go. This Subcommittee specifically cites Americus, in Sumter County, as a local community which has done an ex cellent job in the direction of providing for the aged, and officials at the hospital report that at this time there are only ten patients in Milledgeville from Sumter County.
(2) Decentralizing of the facility at Milledgeville should be effectuated according to the ability to finance new facilities and to the availability of opera tional funds. In this connection the Subcommittee was informed and believes that property such as the Brewton School located near Dublin would serve no useful purpose as a facility such as Milledgeville.
(3) The General Assembly should make every effort by the time of enact ment of the next Appropriation Bill to increase the funds available at Milledge ville to a minimum of $20,000,000.00. While the institution is now much better situated in regard to doctors, yet it has only 70 nurses when 700 are needed.

GRACEWOOD STATE SCHOOL & HOSPITAL
Your Subcommittee visited the Gracewood State School and Hospital, and were met by the superintendent, Dr. Norman Pursley, and Dr. James D. Clements, member of the staff, as well as Mr. John N. McFarland, Psychologist and staff member. The members were shown throughout the Hospital and were particu larly impressed by the cleanliness of the facilities and the complete devotion to their work of the personnel and members of the staff whom we encountered. The physical facilities at Gracewood were very good, and the care of the totally helpless was excellent. If an improvement is needed at Gracewood, this Sub committee is of the opinion that it should probably be in those areas wherein the children are considered capable of being educated and trained. These par ticular children need more qualified personnel for their instruction and physical facilities which would enable them to enjoy more privacy and thereby better prepare them to take their place in society.

This Subcommittee specifically refers to its report made during the 1961 session of the General Assembly after its special trip to Gracewood and wishes to make known that, due to a slight increase in funds by that session of the General Assembly, most employees at Gracewood are now working on an eight hour day for six days per week. The current operating budget is $2,685,000.00.

A new 300 bed hospital facility is being erected. This Subcommittee, Dr. Pursley and all other persons who are well informed on institutions of this type are of the opinion that Gracewood will have reached its maximum capacity when the construction of this facility is completed. Since there are approximately 1,000 patients on the waiting list, the least critical of which would ordinarily be classified as urgent, we recommend that an interim committee be created by the 1962 session of the General Assembly which would have subpoena powers and authority to visit, if necessary, institutions located in other States. Such a Committee, if created, would be able to report and make an informed recom mendation to the next session of the General Assembly as to where and how a similar facility should be established.

The members of this Subcommittee also studied the proposal made during the last session of the General Assembly that the Brewton facility be made an ad-

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junct of Gracewood. We discussed this with Dr. Pursley and members of his staff. The Subcommittee's unanimous opinion is that the use of the Brewton School for a facility such as Gracewood would be a grave error. The Brewton facility would be a burdensome auxiliary to Gracewood. Since over 20% of the patients at Gracewood have convulsive seizures, approximately 20% are nontoilet trained, and approximately 12% are emotionally disturbed in addition to being retarded, therefore, requiring tranquilizing drugs or psychotherapy or both, the present facility, located in close proximity to the Georgia College of Medicine in Augusta, is capable of providing only a minimum of acceptable care for those patients who are unfortunate enough to be at Gracewood. To locate a facility similar to Gracewood in any locality where adequately trained personnel such as physicians, nurses, psychologists, and other similar persons could not be obtained or used in conjunction with already existing facilities would be an error of the first magnitude. To do this would show that we have not profited from the lesson learned at the Milledgeville State Hospital. Because Gracewood should not be permitted to grow any large, and because someone must take the initiative in recommending a new facility, its general location, and an acceptable budget for its operation, this Subcommittee deems it necessary that an interim committee be created as hereinbefore mentioned.

GENERAL CONCLUSIONS
Generally speaking, this Committee believes that Georgians are getting more for each dollar spent in the State institutions for our mentally disturbed, mentally retarded, and mentally ill persons, than in any other State operation. Nowhere at any of the institutions visited, did this Subcommittee see any evidence of waste or extravagance; on the contrary we found that each of the institutions is attempting to squeeze as much from each dollar as is humanly possible.

As a general observation your Subcommittee recommends that letter signs marking all State institutions be posted to aid the public in locating them. This Subcommittee also wishes to thank Dr. John H. Venable, Director of Public Health for his assistance and cooperation.
/s/ Arthur J. Bolton, Chairman
/s/ Corbin C. Roberts, Secretary

REPORT OF THE UNIFORM COMMERCIAL CODE STUDY COMMITTEE
(House Resolution 210, 1961)
The joint Uniform Commercial Code Study Committee was created by House Resolution 210 adopted at the 1961 Session of the General Assembly of Georgia. Pursuant to that resolution the folowing nine members of the committee were appointed:
From the House of Representatives, appointed by the Speaker: Repre sentatives J. B. Fuqua of Richmond County, James A. Mackay of DeKalb County and J. E. NeSmith of Meriwether County.
From the Senate, appointed by the Lieutenant Governor: Senators Sam J. Gardner of the 47th District and William Malcolm Towson of the 16th District.

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From the Georgia Bankers Association, appointed by the President thereof: Messrs. E. D. Smith, President of the First National Bank of Atlanta, and C. E. Thwaite, Jr., Chairman of the Board of the Trust Company of Georgia.
From the Georgia Bar Association, appointed by the President thereof: Messrs. F. M. Bird of Atlanta and C. Baxter Jones, Jr., of Atlanta.

At the organizational meeting of the Committee, Representative Fuqua was elected Chairman and Mr. Jones was elected Secretary. The committee then proceeded to consider the 1958 Official Version of the Uniform Commercial Code, prepared jointly by the American Law Institute and the Commissioners on Uni form State Laws. The committee ascertained that the Uniform Commercial Code, in substantially that form, has been adopted in approximately one-fourth of the States of the United States.

The committee proceeded to engage Professors from the law schools of Emory University and Mercer University (none being available, by reason of other commitments, from the University of Georgia), and appointed Professor E. Byron Hilley of the law school of Emory University its Chief Reporter. The Professors from the law schools, under the leadership of Mr. Hilley, made a detailed Comparison of the Uniform Commercial Code with the laws of Georgia. This Comparison was printed and distributed to prominent bankers and lawyers throughout the State of Georgia. Subsequently, in the light of comments received, the committee held several sessions and discussed the Code and the aforesaid Comparison and comments. Invited to arid attending these meetings were repre sentatives of numerous financial institutions and their counsel.

The committee unanimously reached the firm conclusion that uniformity in the field of commercial law is both desirable and necessary, not only for the economic good of the United States, but also and especially for the economic good of the State of Georgia, including our power to continue to attract new industry in ever-increasing volume. The committee found that the bulk of the Uniform Commercial Code, rather than changing existing laws of Georgia, simply serves to state existing law with greater clarity, or else to provide rules in commercial areas which the legislature and the courts of Georgia have not been called upon to consider at all. In those areas where the Uniform Commercial Code does propose to change the laws of Georgia, the committee found in general that the changes were either not material or else where desirable in the. interest of uniformity. In a very few instances, the committee elected to retain the existing laws of Georgia rather than to adopt the provisions of the Uniform Commercial Code.

The committee has caused to be printed and attached to this report, with additional printed copies being supplied to the House of Representatives and to the Senate, a proposed bill embodying the 1958 official version of the Uniform Commercial Code, varied only in the few instances where, as stated above, the committee has determined that the existing laws of Georgia should be retained in preference to the provisions of the Uniform Commercial Code. The committee unanimously recommends that the proposed bill hereto attached be enacted into law at the 1962 Session of the General Assembly of Georgia.
Respectfully submitted,
/s/ J. B. Fuqua, Chairman /s/ C. Baxter Jones, Jr., Secretary

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REPORT OF THE 1961 SPECIAL INTERIM COMMITTEE TO STUDY FIREWORKS

INTRODUCTION This committee, composed of the following House members:
Rep. Mac Pickard--Muscogee County, Chairman Rep. William M. Fleming--Richmond County, Secretary Rep. Thad Jones--Sumter County Rep. H. E. Kirkland--Tattnall County Rep. Grady L. Dickey--Chatham County Rep. Harold G. Clarke--Monroe County Rep. Leon H. Baughman--Early County Rep. H. Dorsey Deen--Bacon County

was created pursuant to House Resolution #244 by Hon. George L. Smith, II, Speaker of the House of Reprsentatives.

Due to an increase of public interest in this area and because there is cur rently pending in the House of Representatives, fireworks legislation which was introduced at the 1961 session of the General Assembly, it was felt that a close study of the conditions existing within the State of Georgia in regard to fire works controls was needed.

FINDINGS
1. Georgia's last legislative action dealing with fireworks was in 1955 and 1956. The 1955 act was designed and intended to outlaw the sale of fireworks in Georgia except for their use for certain specified purposes. It is a known fact that fireworks stands are scattered throughout the State and that sales of such are being made under the auspices of the specified exemptions in the 1955 act. The actual use of the fireworks which are so sold is not, however, confined to the specified exemptions.

As the law now exists, a vendor may sell fireworks declaring their sale is for use as an exemption contained in the 1955 act. Under this situation it is practically impossible to obtain evidence for purposes of prosecution, that the sales are not as specified. Therefore there being no assurance of successsful prosecution, law enforcement proves to be incompatible.
2. Many states are in a similar position as that of the State of Georgia and they too are conducting studies and attempting to find a solution to the problems. This committee undertook the analysis of the fireworks laws of various states and used them in reaching our conclusion and recommendations.
3. During the period between 1904 and 1933 records were kept as to the number of people killed and injured by fireworks. These records were submitted voluntarily by doctors and hospitals, and therefore do not include by any means all of the cases. They do show, however, that during that period fireworks killed 4,290 persons and severely injured 120,000 as compared to the Revolutionary War total of 4,044 dead and 6,000 wounded.

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4. No one, including the members of this committee, wants to abolish the beauty and thrill of a pyrotechnic display, but no one wants an aftermath of death and blindness, and we do not believe that this is the inevitable price that we must pay for firecrackers and rockets.

RECOMMENDATIONS
Your committee, after carefully studying all phases of the problems sur rounding fireworks and the control of their sale and use, has unanimously agreed to support legislation at the 1961 Session of the General Assembly which is de signed to abolish the sale, use and possession of fireworks in the State of Georgia except for use in public displays which are conducted under local governmental permits and properly supervised.
/s/ Mac Pickard, Representative Muscogee County, Chairman

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock tomorrow morning.

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Representative Hall, Atlanta, Georgia. Tuesday, January 9, 1962.

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crawford Culpepper Davis Deen Dickey

Dicus Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien

Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Milhollin Miller Mixon Moate Moorman Morgan Morris Moss Mullis Murphy NeSmith Odom Otwell Pannell Parris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts

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Purcell Rainey Roberts Rogers of Paulding Roper Ross
Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Singer
Smith of Emanuel Smith of Grady Smith of Brantley

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story
Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd
Twitty Undercofler Underwood of

Montgomery Underwood of Taylor Vaug-hn Waldrop Walker of Lowndes Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall
Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, and Engrossing Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading- and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 709. By Messrs. Twitty and Collins of Mitchell:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in counties having a population of not less than 19,500 and not more than 19,700, and for other purposes.
Referred to the Committee on Local Affairs.

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133

HB 710. By Messrs. Bowen of Randolph, Smith of Grady, Killings-worth of Clay, Pannell of Murray, Undercofler of Sumter, Matthews of Colquitt and Jones of Sumter:
A Bill to be entitled an Act to amend an Act providing a contingent expense and travel allowance for court reporters, and for other purposes.
Referred to the Committee on Judiciary.

HB 711. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide that prevailing wages shall be paid to workmen and laborers on certain building and construction projects where in any state funds are expended for such purposes; and for other purposes.
Referred to the Committee on State of Republic.

HB 712. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide that school bus drivers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; and for other purposes.
Referred to the Committee on Education.

HB 713. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for clarification of provisions relating to riders upon motorcycles other than the oper ator; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 714. By Messrs. Floyd of Chattooga, Ross of Lincoln, Smith of Habersham, Lane of Bulloch, Wilkes of Cook, Tamplin of Morgan and Lowrey of Floyd and many others:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military, so as to fix the date for holding political party primaries, and for other purposes.
Referred to the Committee on State of Republic.
HB 715. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to repeal Section 75-111 of the Code of Georgia of 1933 pertains to the firm name of partnerships and of the use of the names of individuals not actually partners and provide certain penalties in connection therewith, and for other purposes.
Referred to the Committee on Judiciary.

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HB 716. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for the collection of costs for the performance of the official duties of Clerks of the Superior Courts in counties having a population of 65,000 to 72,000 and for other purposes.
Referred to the Committee on Local Affairs.

HR 325-716. By Messrs. Kidd and Chandler of Baldwin, Thornton, Phillips and Taylor of Bibh:
A Resolution proposing an amendment to the Constitution so as to provide for financing of construction of boating facilities within this State, and for other purposes.
Referred to the Committee on State of Republic

HR 326-716. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Rutland of DeKalb, Scoggin of Ployd, Conner of Jeff Davis, Hill of Meriwether and McCracken of Jefferson.
A Resolution proposing an amendment to the Constitution so as to provide for four-year staggered terms for the members of the Senate and to provide that Senators may succeed themselves, and for other purposes.
Referred to the Committee on State of Republic.

HR 327-716. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Rutland of DeKalb, Scoggin of Floyd, Conner of Jeff Davis, Hill of Meriwether and McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution so as to pro vide that there shall be not less than one Senator from each Senatorial District; and for other purposes.
Referred to the Committee on State of Republic.

HR 328-716. By Mr. Sinclair of Macon: A Resolution to compensate Mrs. Willie Mae Hunt Collins, and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills of the House were read the second time:

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135

HB 707. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide a lien for the expense thereof, and for other purposes.

HB 708. By Messrs. Chandler and Kidd of Baldwin, Deen of Bacon, Todd of Glascock and Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act providing for a Joint Committee on the Operations of the General Assembly, so as to eliminate therefrom the compensation of the advisor to the Legislative Counsel; and for other purposes.
The following interim Committee report was received:
The Natural Resources Committee wishes to express its appreciation to Mr. Ray Shirley, Director of the Georgia Forestry Commission, to the members of his staff and his employees for the courteous manner in which the Committee was received. Mr. Shirley and his staff made avail able to the Committee all records and information, promptly and com pletely.
The Committee found Mr. Shirley and his staff to be well qualified and efficient in all phases of their activities, well informed as to the activities of their Commission, and the Committee greatly appreciates the manner in which they were received.

TO: The Honorable George Smith II, Speaker, and Members of the House of Representatives of Georgia:
REPORT OF 1961 FORESTRY SUB-COMMITTEE OF THE NATURAL RESOURCES COMMITTEE
INTRODUCTION
This Committee was authorized by Resolution during the 1960 ses sion of the House of Representatives to make a five-day inspection and investigation of the State Forestry Commission's activities. The members of the Committee are: W. H. "Bill" Kimmons of Pierce County, Chairman; Hubert H. Wells of Oconee County, Vice-Chairman; Thomas A. Parker of Ware County, Secretary; Byrom M. Fitzgerald of Long County; Roy R. Kelly of Jasper County; J. Floyd Larkins of Brantley County; W. T. McCown of Polk County; and W. G. Todd of Glascock County.
Pursuant to the House Resolution authorizing the inspection, this Committee spent a total of five days in October, 1961, in various areas of the State studying the program and services rendered by the Georgia Forestry Commission. The Committee, in making its inspection, toured many facilities to observe the actual program and operation on the

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ground and to observe demonstrations and uses of the various forest fire equipment used for both detection and suppression of forest fires.

FOREST FIRE PROTECTION
The Committee was greatly impressed with the equipment and the use made of it for forest fire protection. The efficient communications system of short-wave radios used in fire towers, airplanes, trucks and tractors permits men and equipment to reach any fire in a minimum of time. The network of forest fire towers, supplemented by light air craft, in extreme fire weather conditions is giving to the timberland owners of Georgia the best possible fire detection system. The Com mission records revealed they added in 1961 the following new equip ment:
7--Light-weight tractors
3--Middle-weight tractors
26--Trucks
5--Radios
At all areas inspected, the Committee was impressed with the readi ness of men and equipment for fire detection and suppression. The Committee attended a demonstration conducted by the Forestry Com mission for State Foresters from forty states meeting in Macon the first week of October. This demonstration included actual use of all types of fire-fighting equipment used by the Commission; also a field headquarters setup sufficient to equip, feed and supervise a crew of 300 men, which is maintained for any serious fire situation that may develop. The Committee was gratified to hear out-of-state foresters remark that Georgia has one of the finest forest fire programs in the nation.
Commission records show that for the fiscal year ending June 30, 1961, the average size fire of 7.15 acres was the lowest ever recorded by the Commission. In addition, only one-fourth of one per cent of the forest land under protection was burned.

REFORESTATION
The Committee visited two of the six forest tree nurseries and one of two seed orchards. The nursery program has been reduced in keeping with landowner demands for tree seedlings. Approximately 70 million trees are being produced this year, less than one-third of average production in the past three years. This reduction resulted from the completion of the Soil Bank Program in 1960. The cost of trees to land owners, however, remains the same as in former years. The Commis sion is to be commended in reducing personnel and costs and to produce trees at the same cost for landowners.
The Commission has two seed orchards near Cochran and Glenwood respectively containing a total of about 500 acres. The purpose of the

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137

seed orchard is to produce superior trees through improved seeds. This entails scientific experiments in grafting, insect control, controlled pol lination and other factors to insure a successful program. The Commis sion established more than 8,000 successful, liveable grafts during the past year, and now has approximately 17,962 superior slash and loblolly pine trees, which leads the nation for this type program.

ASSISTANCE TO LANDOWNERS
Requests from landowners for forest advice and services are in creasing. The Commission, during the past year, had the largest number of requests ever received from landowners. The Committee learned that Georgia leads the South in assistance to timberland owners in planting trees, timber stand improvement, and marking trees for pulpwood and saw timber operations. Forestry assistance is also provided to Soil Conservation cooperators in cooperation with the Soil Conserva tion Service working with Soil Conservation Districts throughout the State.

STATE FOREST
The Waycross State Forest, located ten miles Southwest of Waycross, has a multiple use program. During the past year the Game and Fish Department established a game preserve. The Commission has a forestry program of maximum timber production, utilizing timber for all types of forest industry. The Forest has a demonstration area for gum naval stores production, pulpwood and saw timber, and various types of reforestation methods.

SUMMARY
Items that particularly impressed the Committee on which we wish to highly commend the Commission's Board and Ray Shirley, Director, are the following:
1. The program of combining counties for a more effective forest fire protection program. The following counties have been affected by mergers during the past year: Randolph-Terrell, Marion-Schley, LamarPike-Spalding, Houston-Pulaski, Montgomery-Wheeler, Tift-Turner, Crawford-Peach, Forsyth-North Fulton. These mergers are resulting in more efficiency, better trained and supervised personnel, and a more economical operation of county and state funds. The basic operational structure was not altered. The counties continue to finance one-third of the unit's annual budget, with the State contributing two-thirds. The Forestry Boards from each county continue to function.
2. Utilization of excess nursery facilities by the Commission to pro duce certain vegetable crops at cost for the Health Department.
3. The increased efficiency of the forest fire protection program and the excellent training program for personnel.

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4. The aggressive program for acquiring surplus equipment under the Cooperative Forest Fire Protection Program with the Federal Forest Service. The acquiring of surplus equipment is saving the State thou sands of dollars each year.

5. The efficient and wise expenditure of funds in administering the Forestry Commission's program for the forest landowners of Georgia.
Respectfully submitted,

la/ W. H. Kimmons, Chairman la/ Thomas A. Parker, Secretary

Under the general Order of Business, the following Bill of the House was taken up for consideration and read the third time:

HB 250. By Messrs. Scoggin of Floyd, Ballard of Newton, Flexer of Glynn and many others:
A Bill to safeguard the public health and promote the public welfare by requiring a permit to operate, maintain, open or establish a phar macy, etc., and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

The following amendment was read:
Mr. Scoggin of Floyd moves to amend HB 250: by striking the words and figures "July 1, 1961" in paragraph #23, and substituting the words and figures "July 1, 1962" in lieu thereof.

The amendment was adopted.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins
Andrews of Stephens Andrews of Hall

Arnsdorff Ballard
Barber Barnett of Baker

Barrett Baughman
Birdsong Black

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139

Blalock Boggs Bowen of Randolph Boyett Bozeman Brackin Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Culpepper Been Dickey Dollar Duncan of Fannin Dunn Echols Fitzgerald Flexer Floyd Greene Hall of Lee Hall of Flyod Harrell Henderson Hill Horton Howard Johnson Joiner

Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Knig-ht of Laurens Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke McClelland McCracken McCutchen Melton Miller Moate Moorman Morris Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Payton Phillips of Columbia

Phillips of Walton Phillips of Bibb Poole Potts Rowland Scarborough Scoggin Simmons Sinclair Singer Smith of Emanuel Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Tabb Tamplin Taylor of Bibb Teague Thorn ton Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Barnett of Wilkes Branch Hodges Morgan Rainey

Raulerson Roberts Ross Sangster Simpson

Stuckey Underwood of
Montgomery

Those not voting were Messrs.:

Adams Bolton Bowen of Toombs Brantley

Brooks of Oglethorpe Clark of Catoosa Conner Crowe

Davis Dicus Dorminy Doster

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Duncan of Carroll Fleming Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Hale Hull Hurst Kimmons Kirkland Knight of Berrien Lane Massee

Matthews of Colquitt McDonald McGarity Milhollin Mixon Moore Moss Newton Pannell Parker of Ware Parker of Appling Farmer Pelham Pickard Pureell Rodgers of Charlton

Rogers of Paulding Roper Rutland Sheffield Shuman Smith of Fulton Strickland Taylor of Dawson Taylor of Decatur Todd Tucker Twitty Vaughn Williams of Coffee Woodward

On the passage of the Bill, as amended, the ayes were 133, nays 12.

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

The following members, having been called from the Hall of the House to confer with constituents, stated that had they been present they would have voted "Aye" on HB 250.

Messrs. A. B. C. Dorminy, Jr., of Ben Hill, Henry Milhollin of Coffee, Harry Mixon of Irwin, Dorsey Matthews of Colquitt, and John Shffield of Brooks.

Mr. Busbee of Dougherty asked unanimous consent that the following Bill of the House be recommitted to the Committee on Judiciary:

HB 418. By Mr. Busbee of Dougherty:
A Bill relating to marriage licenses, how granted, etc., repealing con flicting laws; and for other purposes.

The consent was granted and the Bill was recommitted to the Committee on Judiciary.

Mr. Hall of Floyd asked unanimous consent that the following Bill of the House be recommitted to the Committee on Education:

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141

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A Bill amending an Act known as the Minimum Foundation Program for Education Act, so as to provide for the manner in which certain funds shall be expended, and for other purposes.

The consent was granted and the Bill was recommitted to the Committee on Education.

Leave of absence was granted to Mr. Fordham of Bulloch for Tuesday, January 9, 1962.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 10:30 o'clock a.m., and the motion prevailed.

The Speaker announced the House adjourned until 10:30 o'clock a.m. tomorrow morning.

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Representative Hall, Atlanta, Georgia Wednesday, January 10, 1962.

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time, and referred to the Committees:

HB 717. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act captioned "Barnesville Charter Amended", so as to extend the corporate limits of the City of

WEDNESDAY, JANUARY 10, 1962

143

Barnesville to include therein a tract of land presently owned by said City of Barnesville; and for other purposes.
Referred to the Committee on Local Affairs.

HB 718. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act relating to the suppression and prevention of hog cholera, so as to authorize the Department of Agriculture to purchase anti-hog cholera serum, virus, vaccine or other immunization agents, and for other purposes.
Referred to the Committee on Agriculture.

HB 719. By Mr. Kimmons of Pierce: A Bill to be entitled an Act to amend an Act known as the Appropriations Act, so as to change the appropriations to the Department of Agricul ture; and for other purposes.
Referred to the Committee on Appropriations.
HB 720. By Messrs. Undercofler and Jones of Sumter: A Bill to be entitled an Act to amend an Act establishing the City Court of Americus, and for other purposes.
Referred to the Committee on Local Affairs.
HB 721. By Messrs. Undercofler and Jones of Sumter: A Bill to be entitled an Act to amend an Act establishing the City Court of Americus, so as to provide for a change in the salary of the Judge of the City Court of Americus, and for other purposes.
Referred to the Committee on Local Affairs.
HB 722. By Mr. Bowen of Randolph: A Bill to be entitled an Act to amend the charter of Shellman, Georgia, and for other purposes.
Referred to the Committee on Local Affairs.
HB 723. By Messrs. McCutchen of Gilmer, Akins of Union, Poole of Pickens and Branch of Tift: A Bill to be entitled an Act to authorize the fixing of a reasonable qualification fee for candidates in the General Election for certain county officers1, and members of the General Assembly, and for other purposes.
Referred to the Committee on State of Republic.

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HB 724. By Messrs. Rowland of Johnson, Barrett of Cherokee and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, so as to provide for the compensation of the Chairman and other members of the Board and persons in the employ of the Board, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 725. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to create a Board of Commissioners of the Depart ment of Commerce, and for other purposes.
Referred to the Committee on Industry.

HB 726. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.
HB 727. By Messrs. Brooks of Fulton, Arnsdorff of Effingham, Moate of Han cock, Smith and Boyett of Whitfield, Wickham of Muscogee and Mackay of DeKalb, and many others:
A Bill to be entitled an Act to amend an Act relating to Non-profit Medical Service Corporation, of the "Georgia Insurance Code", so as to provide that doctors of Podiatry shall have the same rights, benefits, and privileges as doctors of medicine and surgery, and for other pur poses.
Referred to the Committee on Hygiene and Sanitation.

HR 329-727. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the Department of Commerce shall have authority to make loans, secured by security instruments, for the purpose of improving certain real property owned; and for other purposes.
* Referred to the Committee on State of Republic.

HR 330-727. By Mr. Knight of Berrien: A Resolution to compensate Ralph Mathis, and for other purposes.
Referred to the Committee on Appropriations.

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145

HR 331-727. By Mr. Keadle of Lamar: A Resolution to compensate Mr. A. C. Buchanan, and for other purposes.
Referred to the Committee on Appropriations.

HR 332-727. By Messrs. Rowland of Johnson, Simpson of Wheeler, Keyton of Thomas, Killian of Glynn and Bowen of Toombs:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of State Funds into the Peace Office Annuity and Benefit Fund, and for other purposes.
Referred to the Committee on State of Republic.

HR 333-727. By Mr. Keadle of Lamar: A Resolution to compensate Mrs. Ruby Mae Gutherie, and for other
Referred to the Committee on Appropriations.

HR 334-727. By Mr. Rainey of Crisp:
A Resolution to compensate Mrs. Ruby Mae Guthrie, and for other purposes.
Referred to the Committee on Appripriations.

HB 728. By Messrs. Parker of Ware, Mackay of DeKalb, Brooks of Fulton, Matthews of Clarke, Scoggin of Floyd, Vaughn of Rockdale, Matthews of Colquitt, Kidd of Baldwin and Phillips of Bibb:
A Bill to be entitled an Act to create the Georgia Department for Youth; to provide for the protection, care, training and supervision of certain classes of children and youth of the State, and among other things, defining its powers, duties and functions; and for other purposes.
Referred to the Committee on Welfare.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 709. By Messrs. Twitty and Collins of Mitchell:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in counties having a population of not less than 19,500 and not more than 19,700, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 710. By Messrs. Bowen of Randolph, Smith of Grady, Killings-worth of Clay, Pannell of Murray, Undercofler of Sumter, Matthews of Colquitt and Jones of Sumter:
A Bill to be entitled an Act to amend an Act providing a contingent expense and travel allowance for court reporters, and for other purposes.

HB 711. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide that prevailing wages shall be paid to workmen and laborers on certain building and construction projects where in any state funds are expended for such purposes; and for other purposes.

HB 712. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide that school bus drivers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; and for other purposes.

HB 713. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for clarification of provisions relating to riders upon motorcycles other than the operator; and for other purposes.

HB 714. By Messrs. Ployd of Chattooga, Ross of Lincoln, Smith of Habersham, Lane of Bulloch, Wilkes of Cook, Tamplin of Morgan and Lowrey of Floyd and many others:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military, so as to fix the date for holding political party primaries, and for other purposes.

HB 715. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to repeal Section 75-111 of the Code of Georgia of 1933 which pertains to the firm name of partnerships and of the use of the names of individuals not actually partners and provide certain penalties in connection therewith, and for other purposes.

HB 716. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to amend an Act so as to provide for the collection of costs for the performance of the official duties of Clerks of the Superior Courts in counties having a population of 65,000 to 72,000 and for other purposes.

WEDNESDAY, JANUARY 10, 1962

147

HE 325-716. By Messrs. Kidd and Chandler of Baldwin, Thornton, Phillips and Taylor of Bibb:
A Resolution proposing an amendment to the Constitution so as to provide for financing of construction of boating facilities within this State, and for other purposes.

HR 326-716. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Rutland of DeKalb, Scoggin of Ployd, Conner of Jeff Davis, Hill of Meriwether and McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution so as to provide for four-year staggered terms for the members of the Senate and to provide that Senators may succeed themselves, and for other purposes.

HR 327-716. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Rutland of DeKalb, Scoggin of Floyd, Conner of Jeff Davis, Hill of Meriwether and McCracken of Jefferson: A Resolution proposing an amendment to the Constitution so as to provide that there shall be not less than one Senator from each Sena torial District; and for other purposes.
HR 328-716. By Mr. Sinclair of Macon: A Resolution to compensate Mrs. Willie Mae Hunt Collins, and for other purposes.
The following Interim Committee Reports were received:
COMMITTEE REPORT ON UNIFORM MOTOR VEHICLE TRAFFIC CODE
A committee was set up under the provisions of House Resolution No. 194 to study the past and present effects of the motor vehicle traffic laws and to recommend any changes that might be necessary to improve our traffic laws and bring them up to date.
The committee was composed of Hon. Norman Doster, Chairman, Hon. Merrill Johnson, Hon. William Todd, Hon. Leonard Morris and Hon. Fred Walker.
A two pronged study was made by the committee with the definite aim of securing the utmost in uniformity in our traffic laws first, among the local levels (i.e. cities, towns and counties), and second, on the state level.
Almost every citizen is affected daily by motor vehicle laws and ordinances. These laws and ordinances play a key role. They provide

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standards of motorist and pedestrian conduct, and they serve as a legal framework within which both state and local officials can carry out their duties stemming from vehicle operation and pedestrian traffic.

With more and more pedestrians on our streets and more and more drivers and vehicles using our highways and streets, the importance of keeping our traffic laws up to date becomes an important problem of great concern to the legislature. It is the feeling of this committee that traffic laws, to properly serve our people and do an effective job of regulation, should be based upon sound, realistic principles, and should be clearly and explicitly stated and they should be as uniform as possible throughout all states and communities.

On the local level this committee found a wide disparity of traffic ordinances among various cities and towns of our state. In some in stances there are conflicts between local traffic ordinances and the state law. There is no uniformity of fines or arrest procedure. A person may be fined fifteen dollars ($15.00) in one county for exceeding the speed limit by ten miles per hour and in another county he could be fined forty dollars ($40.00) for exactly the same offense. Then there is no uniform procedure for the disposition of the fines and forfeitures that are imposed. Traffic signs, signals and markings are widely varied among various communities. These often confuse motorists from an other jurisdiction and frequenly lead to traffic accidents.

In order to assist local communities in Georgia with their traffic ordinances and achieve the most possible uniformity in traffic laws and regulations among them, it is the recommendation of this committee that the General Assembly develop and pass into law a model traffic ordinance that could be adopted by the local governments in Geortgia "by reference" with a minimum of local variances that may be absolutely necessary.
On the state and interstate level we find the need for uniformity in our traffic laws to be just as great or possibly greater, than on the local level. It is very confusing for a motorist leaving one state and entering another to find that the road signs are different, often have different meanings, the traffic lights and signals may be different and hand signals may express a different intent in one state than that required in another state. These are only a few of the confusing differences this committee found which exist between the vehicle traffic laws of our state and those of other states. We believe it to be of the utmost importance that the State of Georgia cooperate with the other states with the review of replacing conflicting motor vehicle laws with a well-ordered pattern of uniform legislation based on a uniform vehicle traffic code. Every motorist who has ever driven his car outside of the state is aware of the hazards that arise from conflicting laws and ordinances. For examples, rules on stopping for school buses (and waiting for loading or unloading), vary and often conflict.
The existence of a modern up-to-date uniform traffic code would be most beneficial to almost everyone. Among other things, it would certainly accomplish the following:
1. Enable motorists and pedestrians to know and obey the rules wherever they go, because the rules would be the same everywhere.

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149

2. Make for a more orderly and efficient flow of traffic.
3. Reduce the danger of accidents--with their toll of death and injury.
4. Improve the standards for driver licensing, lead to better en forcement, and yield extensive economic benefits.

This committee realizes that our present traffic code is not very old as traffic codes go, however, changing times and conditions make it imperative that it be brought up to date. Since its enactment millions and millions of dollars have been and are being spent to improve our main highways to bring them up to proper standards. The number of licensed drivers and registered vehicles has increased tremendously. Population shifts have occurred which vitally affect traffic density and patterns. Then, too, a large entirely new phenomenon has appeared on the scenes in Georgia with the coming of the large interstate highway system, a few miles of which has already been opened to traffic. These latter four-lane divided express highways were not even considered when the present code was adopted.

This committee devoted a great deal of study in the comparison of our speed limit laws with those of other states and, as a result of this study we wish to recommend to this 1962 session of the General As sembly the passage of legislation to accomplish the following:
1. Place a speed limit on the interstate highways of 70 miles per hour in the daytime and 65 miles per hour at night with a 40 miles per hour minimum speed at all times.
2. Raise the speed limit on all other roads in the state highway to 65 miles per hour in the daytime and 60 miles per hour at night.
3. Place exclusive jurisdiction of policing the interstate highways for traffic purposes under the Georgia State Highway Patrol.

By way of explanation, it is the feeling of this committee, backed up by opinions of top law enforcement officials in other parts of the country, that we must achieve uniformity of laws and law enforce ment on the interstate highway system, or else the Federal government will sooner or later step in and do it for us. We can avoid this possible threat by acting upon the problem now.

In addition to the above immediate recommendations, this commit tee recommends, for a longer range goal, that a committee be estab lished and be provided with adequate legal counsel to actually make an intensive comparison of our vehicle code, section by section, with that of the uniform traffic code, and draft a bill that will bring our Georgia traffic code up to date and make it as uniform as possible after taking into consideration possible local variances. This work will take more time than was available to this committee and should be done under expert legal and technical supervision.

We urgently recommend that the maximum and minimum speed limits for the interstate highways as recommended above, be estab lished by the General Assembly as soon as possible. These roads were

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designed for 70 miles per hour traffic and, in our opinion, the motorists of Georgia are not going to be satisfied with the present speed limits which were established before the interstate system was even dreamed of. Then, also, economic benefits will result from prompt passage of the recommended bill. At the present time only a few miles of the interstate routes have been opened and the amount of money necessary to change the expensive signs denoting the speed limit on the interstate routes will not be very great. However, later on after the interstate highway system is completed, or near completion, the cost of changing the speed limit signs will amount to a considerable sum of money. Prompt action now by the Legislature will save the state many thousands of dollars later on.
Respectfully submitted,
Norman Doster, Chairman
Merrill Johnson
Fred Walker
Leonard Morris
William Todd

REPORT OP SUBCOMMITTEE ON HYGIENE & SANITATION
NO. II
INTRODUCTION
The Chairman of the House Committee on Hygiene & Sanitation, Honorable Mac Barber of Jackson County, appointed a Sub-committee of that Committee to study the possible need of an additional dental college in the State of Georgia and to study the operation and manage ment of nursing homes for the aged. Members of the House appointed to this Committee were Representatives Ben B. Ross, Lincoln County, J. Lucius Black, Webster County, A. B. C. Dorminy, Jr., Ben Hill County, Ralph R. Underwood, Taylor County, Homer L. Chance, Twiggs County, P. T. McCutchen, Gilmer County, T. J. McDonald, Jr., White County, B. Prank Arnsdorff, Effingham County, Carl T. Barrett, Cherokee County, H. H. Barnett, Wilkes County, Richard Russell Smith, Habersham County, Waldo Henderson, Atkinson County. Rpresentative Barrett was elected Chairman.

FINDINGS--PART I
The Subcommittee on December 11, 1961, visited the Medical Col lege of Georgia in Augusta, in Richmond County, and there talked with several officials of the college and also with other interested persons about the advisability of establishing a dental college in Georgia and more especially in Augusta. Among the above mentioned persons con tacted were Dr. Harry B. O'Rear, President, Medical College of Geor gia, Dr. W. Edward Coleman, Atlanta, President, Georgia Dental Asso ciation, Dr. Walter Rice, Dean of the Medical College in Augusta, Dr.

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David M. McCorkle, Director of Student Affairs, Medical College of Georgia, Dr. Raymond P. Ahlquist, Medical College of Georgia, Dr. Victor E. Delia- Guistina, Richmond County Department of Health, Augusta, Georgia, and Dr. Robert P. Repass, of Athens, Georgia, who was a representative of the Georgia Dental Association and Dr. Wesley A. Carr of Augusta, Georgia, Vice-President of the Georgia Dental Association. The Committee learned from the officials of the Medical College that the present facilities of the Medical College would provide a basis for the establishment of a dental college since in most respects the initial curriculum for the dental student is the same as1 that of the medical student. However, the facilities and faculty of the Medical College would have to be expanded, both to take care of the increased number of students taking basic science courses and more especially to provide for the students participating in clinical training beyond the Freshman year. The Subcommittee found from the testimony of Dr. Della-Guistina, and Dr. Rufus Payne of the Talmadge Memorial Hos pital in Augusta, that Richmond County and the surrounding area contains a sufficient population to provide patients for clinical training in a dental college.

The Subcommittee after spending two days in Augusta traveled to Chapel Hill, North Carolina, and there talked with many officials of the University of North Carolina and its dental college. Dr. John C. Brauer, Dean of the College of Dentistry at the University of North Carolina outlined his program initiated approximately ten years ago to expand the facilities of the University of North Carolina to include a dental college. The Committee refers persons interested to an article by Dr. Brauer in the Journal of the North Carolina Dental So ciety, Volume 41, #4, August 1958, entitled "Dental Manpower in North Carolina". The article discusses the lack of dentists in many of the Southeastern States. The Committee finds that the situation as to dental manpower in North Carolina is strikingly similar to Georgia's situation in that respect.

The national ratio of total population to active dentists is1 about 1:1900 where as the Georgia ratio of total population to active dentists is about 1:3400. The latter ratio includes retired dentists, those dentists who are teaching, and those dentists working for the Public Health Service. Subtract these latter dentists from the total number of active dentists and the Georgia ratio of total population to active dentists is approximately 1:3800-4000. Therefore, it stands to reason, and the Committee has found from competent testimony given by Dr. S. C. Rutland, Deputy Director of the Department of Public Health and Dr. John Chrietzberg, Director of Dental Health, State Department of Public Health, on October 26th and 27, 1961, that there are many counties in Georgia without a dentist to serve the residents of the counties. The one dental college in this State accepts seventy (70) to eighty (80) Freshman students each year and graduates approximately the same number each year. Of the seventy-eight (78) students ac cepted to the above mentioned dental college for the school year in 1961-62 only twenty-three (23) are from Georgia. The statistics above combined with testimony shows a disproportionate amount of dentists to the total population of this State and shows that the State is sadly lacking in adequate dental care. The Committee has also found that Georgia, like North Carolina, has enough qualified students to fill a

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dental college. In fact the Subcommittee learned that at the University of Georgia approximately forty (40) of the Freshman male students are interested in the profession of dentistry, in addition to the fact there are qualified students in Georgia of a sufficient number to pro vide an adequate student body for a dental college. The Subcommittee finds that it would be more economical for students within the State to attend a State supported dental college rather than a private dental college as is now the case relative to the Medical College of Georgia as( is now the case relative to the Medical College of Georgia as opposed to private medical colleges throughout the Southeast, because the tuition at a State supported school is approximately 50% less than the tuition at a private dental college. The latter information is highly pertinent to a discussion of the personal economics of a dental educa tion when it is realized that because of the cost of personal equipment needed for such an education a dental education costs approximately $2,500.00 more per student than a medical education.

Convinced by the foregoing facts the Subcommittee presents to the General Assembly for their consideration the following recommenda tions:
(1) That there be enacted by the General Assembly an Act author izing the Board of Regents of the University System of Georgia to establish a dental college.
(2) That in light of the availability of present facilities at the Medical College of Georgia, in Augusta, said dental college be estab lished in Augusta to operate in conjunction with the medical college.
(3) That because of the urgency of the situation and because the people of Georgia are not now being provided with adequate dental care because of the lack of dental personnel said dental school should be in operation on or before the fall of 1964.
(4) That because of the high cost of a dental education the Medical Scholarship Law now in effect in Georiga be amended so as to include students attending a State supported dental college.

FINDINGS--PART B
On January 3, 1962, Mr. James M. Sitton, Director, Hospital Serv ices, Georgia Department of Public Health, testified before this Sub committee. The information he gave to the Sub-committee was relative to the nursing homes for the aged in Georgia. Mr. Sitton declared that there is a dire need for an increase in nursing homes in the State. How ever, the adequacy of facilities is not the only problem to be dealt with. Another problem is the quality of care needed in nursing homes. An illustration of this problem is in trying to define "nursing homes". In defining nursing homes the Department of Public Health not only means subsistence care or merely providing the essentials for living but also hospital care and facilities for chronically ill cases. Mr. Sitton stated that as of January 1, 1962, the Department of Health classified each nursing home in one of the following catagories:
(1) Personal care home.

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(2) Nursing care home. (3) Skilled nursing care home. (4) Medical care nursing home.

The State Department of Health issues regulations from time to time with which nursing homes have to comply or their license is revoked.

At this time there are sixty-two (62) unlicensed nursing homes in the State. The Department of Health feels that due to Old Age Assistance grants, together with Federal Medical Facilities Act funds, the state will be enabled to reduce this number by perhaps twenty (20) to twenty-five (25) unlicensed homes.

Presently, according to the four classifications above, the Old Age Assistance Program provides for a home of type #2--$125.00 per patient, for a home of type #3--$150 per patient for a home of type #4--$175 per patient.

Mr. Sitton quoted from a brochure of the Health Department and presented the following to the Subcommittee:

The nursing home situation in Georgia is far from desirable, and it will stay that way until civic leaders and the public in general become aware and understand the situation and are stimulated to do something about it.

Georgia has approximately 5,000 Nursing Home and Personal Care Home Beds. Of these 3,700 beds are in licensed homes. It is estimated that there are 11,600 persons in the State in need of personal care and skilled nursing home care which results in a deficit of about 7,900 beds in approved facilities of this type.

The majority of existing substandard beds are in converted struc tures which are not safe nor comply with modern construction standards. While new physical facilities alone will not solve the problem, they will play the major role in providing suitable nursing home beds. The re mainder of the substandard beds are in homes not properly staffed as to number and qualification of employees.

This is what must be done NOW:
1. Expand assistance to communities in planning for and construct ing nursing homes, chronic disease hospitals and geriatric clinics.
2. State funds to be appropriated to match Federal funds and local funds in the construction of Nursing Homes as is now provided for hospital construction under the Hill-Burton Program.
3. Immediately develop intensive training programs for nursing attendants so that patients can receive effective care.
4. Encourage establishment of a team of professional personnel

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within the Health Department who can visit and encourage im provement in rehabilitation techniques and treatment in those facilities which care for the aged and chronically ill.

The brochure also emphasizes not only care but also rehabilitation of its citizens who are in nursing homes along with the suggestions above made. Mr. Sitton also made the suggestion that paramedical programs with special emphasis on training personnel for long term type patient care be instituted in medical schools, and allied field training schools.

Today there is approximately $600,000.00 which has been allotted to Georgia under the Federal Medical Facilities Act. This money can be distributed and is being distributed to local areas on a matching formula basis of 50% Federal money to 50% local contributions. The requirements for receiving this money are that the group establishing such a nursing home should be a non-profit association such as a church or some similar organization or perhaps a political subdivision of the State. Presently the ratio of demand to the money on hand is 1.5:1.0. Since there are many aged people in Georgia who have no place to go when they become unable to care for themselves and in view of the foregoing facts, and the opportunities that may be taken advantage of, the Subcommittee presents for the consideration of the General Assembly the following recommendations:
(1) That as suggested local community interest throughout the State be stimulated and assistance to communities in planning for and constructing nursing homes, chronic disease hospitals and geriatric clinics be given.
(2) That State funds be appropriated to match Federal funds and local funds in the construction of nursing homes as is now provided for hospital construction under the Hill-Burton Program.
(3) That encouragement be given toward the establishment of a team of trained personnel within the Health Department who can visit and encourage improvement in rehabilitation techniques and treatment in those facilities for care for the aged and chronically ill.

CONCLUSION
In light of the foregoing information and because of the current importance this Subcommittee attributes to the need for more dentists and nursing homes in this State, this Subcommittee sincerely urges each member of the House of Representatives and of the Senate to carefully consider this report with an eye towards correcting the conditions now existing in these fields and endangering the health and welfare of the people of this State.
Respectfully submitted,
/s/ Carl Barrett, Chairman
/s/ Ralph Underwood, Vice Chairman
/s/ P. T. McCutchen, Secretary

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/s/ Ben B. Ross, Lincoln County
/s/ J. Lucius Black, Webster County
/s/ A. B. C. Dorminy, Jr., Ben Hill County
/s/ Homer L. Chance, Twiggs County
/s/ T. J. McDonald, Jr., White County
/s/ B. Prank Arnsdorff, Effingham County
/s/ H. H. Barnett, Wilkes County
/s/ Richard Russell Smith, Habersham County
/s/ Waldo Henderson, Atkinson County

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by substitute the following Resolution of the House to wit:
HR 322. By Messrs. Cox of Clarke, Sangster of Dooly, Pelham of Schley; and others: A Resolution relating to the Chapel of All Faiths at Milledgeville State Hospital; and for other purposes.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 335. By Messrs. Smith of Emanuel and Dollar of Decatur:
A RESOLUTION
Wishing a speedy recovery for Honorable John L. Taylor; and for other purposes.
WHEREAS, Honorable John L. Taylor, Representative from De catur County, is ill and unable to attend the opening of the 1962 Session of the General Assembly of Georgia; and
WHEREAS, he is a most highly respected member of this Body and his presence will be missed;

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES That sincerest wishes for a speedy recovery are hereby extended to Honorable John L. Taylor and the hope is expressed that he will soon be able to attend the sessions of this Body.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Honorable John L. Taylor.

HR 336. By Mr. Barrett of Cherokee:
A RESOLUTION
Relating to inspection of the coastal facilities of the Game and Fish Commission; and for other purposes.
WHEREAS, the Natural Resources Committee of the House is planning an inspection of the coastal facilities of the Game and Fish Commission on January 18th, 1962, through January 21st, 1962; and
WHEREAS, such Committee would like to have the entire mem bership of the House accompany it on such inspection trip:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the entire membership of the House is hereby authorized to accompany the Natural Resources Committee of the House on the aforesaid inspection trip and that all members of the House receive the regular compensation, per diem, allowances and travel expenses in connection therewith, upon approval of the Chairman of the Committee.

HR 337. By Messrs. Pannell of Murray, Barrett of Cherokee, and many others:
A RESOLUTION
Commending Mr. Jim Andrews from Stephens County for being named Georgia's Merchant of the Year by the Southeastern Men's and Boy's Apparel Club; and for other purposes.
WHEREAS, it is customary and proper for any individual receiving such high award to be commended for this achievement; and
WHEREAS, Mr. Jim Andrews, of Andrews-Hamby, has been and is one of the most prominent, courteous, and considerate merchants of Toccoa, Stephens County, and the State of Georgia; and
WHEREAS, the General Assembly of Georgia feels that it would be most proper and appropriate for said Mr. Jim Andrews, a dis tinguished member of this legislative body, to be commended upon receiving this outstanding award.

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157

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that Mr. Jim Andrews is hereby highly commended for having the ability, personality, and integrity to entitle him to the award by the Southeastern Men's and Boy's Apparel Club as Georgia's Merchant of the Year.

HR 338. By Mr. Smith of Emanuel:
A RESOLUTION
To congratulate Honorable and Mrs. William R. Powell; and for other purposes.
WHEREAS, Mrs. William R. Powell, the lovely and charming wife of the Speaker's Chief Aide, Honorable Bill Powell, gave birth to a baby daughter on Tuesday, January 9, 1962, at Piedmont Hospital in Atlanta, Georgia; and
WHEREAS, this female addition to the Powell household has been named Laura Ann; and
WHEREAS, it has been learned that, even though she did not reach Atlanta in time to be utilized as a dependent for 1961 income tax purposes, the proud father nevertheless has decided to keep her;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby offered to Honorable and Mrs. William R. Powell on the occasion of the birth of their daughter, Laura Ann, and best wishes for a happy and successful future are hereby extended to Laura Ann.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable and Mrs. William R. Powell.

HR 339. By Mr. Smith of Emanuel:
A RESOLUTION
Relative to Honorable Hershel Farmer; and for other purposes.
WHEREAS, Honorable Hershel Farmer, the distinguished and debonaire' Representative from Heard County, deserted the ranks of bachelorhood on December 16, 1961, on which date he married Miss Tilly Bentley of Villa Rica, Georgia; and
WHEREAS, the members of this Body have reason to believe that the said Hershel Farmer did not acquaint his wife with a large portion of his life history prior to their marraige, and it is felt that this is not as it should be; and

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WHEREAS, it is doubtful whether she knows that during his brief legislative career in Atlanta, he was known by all the Capitol female employees as "Handsome Hershel of Heard", and was known by the Capital City crowd as the "Debutante's Darling"; and

WHEREAS, it is also doubtful whether she is aware that he has left a string of broken hearts all over the State and the United States just in the short time he has been privileged to make interim committee trips; and

WHEREAS, this Body has reason to doubt that his wife knows that he has had applications from every female employee of the Legis lature for a job as milk maid on his dairy farm; and

WHEREAS, it is the sense of this Body that our colleague from Heard County was indeed fortunate in going way out of his league in convincing the former Miss Bentley to become his wife;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable Hershel Farmer, Representative, Heard County, upon his marriage to the former Miss Tilly Bentley, and that deepest condolences are hereby extended to Mrs. Farmer.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mrs. Farmer, and she is hereby informed that if she desires further information con cerning the activities of her husband during his bachelor days, this Body will be glad to furnish same.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolutions of the House to wit:

HR 312. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; providing for a Com mittee of Escort; and for other purposes.

The president has appointed as a Committee of Escort on the part of the Senate the following: Senators Staples of the 37th, Jackson of the 24th, Green of the 44th, Hart of the 53rd and Miller of the 40th.

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159

HE 313. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution expressing appreciation to the Clarke County Delegation and the University of Georgia; and for other purposes.

HE 314. By Messrs. Smith of Emanuel, Cox and Matthews of Clarke, Phillips of Columbia and others:
A Resolution expressing regrets at the passing of Honorable Paul Brown; and for other purposes.

HR 318. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution relative to Honorable Harvey Jordan; and for other purposes.

HR 321. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution electing a member of the State Highway Board; and for other purposes.

HR 323. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hill of Meriwether and others:
A Resolution commending Honorable Geo. B. Hamilton; and for other purposes.

By unanimous consent, the following Resolution of the House was read and referred to the Committee on Natural Resources.

HR 340. By Mr. Barrett of Cherokee:
A RESOLUTION
Requesting that the Congress of the United States and the Depart ment of the Army designate the reservoir at Carter's Dam to be con structed by the Federal Government through the Corp of Engineers on the Coosawattee River in Northwest Georgia, as the "Eichard B. Eussell Eeservoir"; and for other purposes.
WHEREAS, Richard B. Russell, United States Senator from Geor gia, who has lead the fight to preserve the sovereignty of the States and the personal initiative of free enterprise of our people while yet being fully aware of and protecting the national interests of the United States as a whole, through his leadership in the Senate of the United States since January 12, 1933, to date, and by his membership on the Committee of Appropriations of the Senate, the Joint Committee on

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Atomic Energy of the Congress, the Armed Services Committee of the Senate, upon which he serves as Chairman, the Board of Visitors to the Military Academy, the Board of Visitors to the Naval Academy, and the Democratic Policy Committee; and

WHEREAS, Senator Russell has served the State of Georgia in various and varied important capacities, having been County Attorney for Barrow County, having been a member from Barrow County in the House of Representatives of the General Assembly of Georgia from 1921 to 1931, during which time he served as both Speaker Pro tern and Speaker of the House, and having been Governor of this State from 1931 to 1933 at which time he began his service to the State and to the United States in the Senate; and

WHEREAS, it is all together fitting and proper that this outstand ing public servant, who has devoted his life to protecting the ideals of our Country's founding fathers and to his service of this State and Nation, be properly honored;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Congress of the United States and the Department of the Army are hereby requested to designate the reservoir at Carter's Dam to be constructed on the Coosawattee River in Northwest Georgia by the Federal Government through the Corp of Engineers as the "Richard B. Russell Reservoir".

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Honorable Richard B. Russell, Senior United States Senator from Georgia, and Honorable Herman E. Talmadge, Junior United States Senator from Georgia, and to every Representative to the United States Congress from the State of Georgia and to Honorable S. Ernest Vandiver, Governor of this State.

Under the General Order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 291. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to amend Code Section 34-9907, relating to the punishment for certain election offenses, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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161

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Hall Arnsdorff Ballard Barnett of Baker Barrett Baughman Birdsong
Black Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Cox Crawford Culpepper Davis Deen
Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Floyd Flynt Fordham Fowler of Douglas

Fowler of Treutlen Fuqua Hale Hall of Lee Hall of Floyd Henderson Hodges Horton Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Milhollin Miller Mixon Moate Moorman Morris Mullis Murphy Newton Otwell

Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland Rutland Sangster Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Twitty Underwood of
Montgomery Walker of Telfair Ware White Wickham Wilkes Williams of Coffee Williams of Hall Young

Those voting in the negative were Messrs.:

Budd Odom

Pannell Ross

Undercofler Walker of Lowndes

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Those not voting were Messrs.:

Akins Andrews of Stephens Barber Barnett of Wilkes Blalock Bolton Bowen of Toombs Caldwell Coker Collins Conner Crowe Duncan of Carroll Fleming Flexer Funk Greene Harrell Hill Howard Hurst

Jones of Sumter Kidd Killian Kimmons Lee of Clayton Logging Lokey Mackay McDonald McGarity Melton Moore Morgan Moss NeSmith Paris Phillips of Columbia Phillips of Walton Pickard Rogers of Paulding Scarborough

Sheffield Singer Smith of Brantley Stevens Story Stuckey Taylor of Decatur Teague Tucker Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden Willingham Wilson Woodward Mr. Speaker Smith of Emanuel

On the passage of the Bill, the ayes were 137, nays 6.

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

HB 151. By Mr. Walker of Lowndes:
A Bill relating to applications for letters of administration so as to require that in all such applications that the full name and legal resi dence of the deceased, the date, etc. be listed, and for other purposes.

The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 151 by adding after Section 1, Section 2 to read as follows:
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

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, as amended, the ayes were 108, nays 0.

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163

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

HB 289. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill amending an Act known as the "Juvenile Court Act", to repeal conflicting laws, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 257. By Mr. Pannell of Murray:
A Bill repealing Code Section 34-2001, relating to publication of cam paign expenses by candidates, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 2.

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

SB 7. By Senators Mitchell of the 43rd, Overby of the 33rd and others:
A Biijl relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees, so as to change salaries, and for other purposes.

The following amendment was read and adopted:
Mr. Busbee of Dougherty moves to amend SB 7 by striking the figure $25,000.00 wherever the same appears in said Bill, and by inserting in lieu thereof the figure $22,500.00.

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Mr. Raulerson of Echols offered an amendment which was ruled Out of Order by the Speaker, since it was not germane to the question at issue.

Mr. Fowler of Douglas offered an amendment which was ruled Out of Order by the Speaker, since it was not germane to the question at issue.

Mr. Brooks of Fulton moved the previous question and the motion prevailed.

The Main question was ordered.
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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Ballard Barber Barnett of Baker Barrett Baughman Black Boggs Bolton Bowen of Randolph Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cocke Cox Crawford Dickey Duncan of Carroll Dunn Fleming

Floyd Fuqua Hale Hall of Lee Hall of Floyd Hull Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keyton Killingsworth Knight of Berrien Langford Lewis of Wilkinson Lewis of Burke Lokey Massee Matthews of Clarke McCracken McCutchen Melton Milhollin Mixon Mo ate Moore Moorman Murphy NeSmith Otwell Pannell

Parker of Appling Payton Phillips of Bibb Poole Purcell Rainey Roper Ross Rowland Rutland Scoggin Simmons Sinclair Smith of Fulton Smith of Whitfield Steis Tabb Tamplin Taylor of Bibb Thornton Twitty Undercofler Underwood of
Montgomery Waldrop Walker of Lowndes Wells of Peach White Wilkes Williams of Hall

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165

Those voting in the negative were Messrs.:

Abney Adams Arnsdorff Barnett of Wilkes Birdsong Brantley Chandler Cloer Culpepper Davis Deen Dicus Dollar Dorminy Doster Duncan of Fannin Echols Plynt Fordham

Harrell Henderson Hill Horton Johnson Joiner Keadle Kelly King Kirkland Knight of Berrien Lane Lee of Clinch Lovett Lowrey Matthews of Colquitt Morris Mullis Newton

Odom Parker of Screven Farmer Potts Raulerson Roberts Rodgers of Charlton Sangster Shuman Simpson Smith of Brantley Smith of Habersham
Story Strickland Walker of Telfair Ware Wickham Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Stephens Blalock Bowen of Toombs Coker Collins Conner Crowe Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Funk Greene Hodges Howard Hurst Kidd Killian Kimmons

Lee of Clayton Loggins Mackay McClelland McDonald McGarity Miller Morgan Moss Paris Parker of Ware Pelham Phillips of Columbia Phillips of Walton Pickard Rogers of Paulding Scarborough Sheffield Singer

Smith of Grady Stevens Stuckey Taylor of Dawson Taylor of Decatur Teague Todd Tucker Underwood of Taylor Vaughn Watson Wells of Oconee Wells of Caniden Willingham Wilson Woodward Mr. Speaker Smith of Emanuel

On the passage of the Bill, as amended, the ayes were 93, nays 57.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Busbee of Dougherty served notice that at the proper time he would ask the House to reconsider its action in failing to give SB 7 the requisite consti tutional majority.

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Mr. Odom of Dougherty stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye", on SB 7.

Mr. McCutchen of Gilmer asked unanimous consent that the following Reso lution of the House be withdrawn from further consideration:

HR 29-51. By Mr. McCutchen of Gilmer: A Resolution compensating Mrs. Jud S. Harem, and for other purposes.

The consent was granted and the Resolution was withdrawn.

HB 72. By Mr. Barnett of Baker:
A Bill relating to the qualifications of directors of banks, and for other purposes.

By unanimous consent, HB 72 was indefinitely postponed.

HB 243. By Messrs. Smith of Grady, Rowland of Johnson, and many others:
A Bill relating to the requirements for admission to the practice of law of attorneys from other states, and for other purposes.

By unanimous consent, HB 243 was recommitted to the Committee on State of Republic.

HB 229. By Mr. Twitty of Mitchell:
A Bill making provision for the licensure of applied psychologists, and for other purposes.

By unanimous consent, HB 229 was recommitted to the Committee on Hygiene and Sanitation.

HB 234. By Messrs. Crawford, Dickey and Funk of Chatham, and others:
A Bill providing a trial by jury in cases of civil and criminal contempt, and for other purposes.

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By unanimous consent, HB 234 was recommitted to the Committee on Judiciary.

HB 165. By Mr. Blalock of Clayton: A Bill providing that when any person makes an application, etc., under perjury, the prescribed punishment, and for other purposes.
By unanimous consent, HB 165 was recommitted to the Committee on Ways and Means.

HB 195. By Messrs. Killian of Glynn and Melton of Spalding:
A Bill imposing a statutory civil penalty upon a seller of obscene books and magazines, and for other purposes.

By unanimous consent, HB 195 was recommitted to the Committee on Industry.

HR 22-39. By Messrs. Kidd and Chandler of Baldwin:
A Resolution proposing an amendment to the Constitution so as to provide for four-year terms for members of the General Assembly, and for other purposes.

By unanimous consent, HR 22-39 was recommitted to the Committee on Special Judiciary.

HB 81. By Mr. Phillips of Bibb:
A Bill amending an Act known as the "Uniform Act Regulating Traffic on the Highways", providing for an annual inspection of motor vehicles and for other purposes.

By unanimous consent, HB 81 was recommitted to the Committee on Motor Vehicles.

HB 274. By Mr. Dicus of Muscogee:
A Bill relating to the capacity of persons to contract for marriage, and for other purposes.

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By unanimous consent, HB 274 was recommitted to the Committee on Special Judiciary.

HB 340. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill providing that from and after the passage of this Act the first $85 per month of earned income plus one half of earned income shall be disregarded in determining the amount of assistance to which a recipient of assistance under this Act is entitled.

By unanimous consent, HB 340 was recommitted to the Committee on State of Republic.

HR 111-297. By Messrs. Ray of Warren, Undercofler of Sumter and many others: A Resolution providing for appropriation control, and for other purposes.

By unanimous consent, HR 111-297 was recommitted to the Committee on Appropriations.

HB 327. By Messrs. McClelland, Brooks of Fulton, and Lovett of Laurens: A Bill defining the terms "Billiards", and for other purposes.

By unanimous consent HB 327 was recommitted to the Committee on State of Republic.

HB 389. By Mr. Barber of Jackson:
A Bill declaring legal the creation and establishment of housing author ities, all bonds, etc., of said housing authorities, and for other purposes.

By uaninmous consent HB 389 was recommitted to the Committee on State of Republic.

HB 669. By Mr. Raulerson of Echols:
A Bill revising laws relating to State Game and Fish Commission, and for other purposes.

By unanimous consent HB 669 was recommitted to the Committee on Natural Resources.

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HB 657. By Mr. Doster of Wilcox:
A Bill relating to qualifications of applicants for the barbers and hair dressers examination, and for other purposes.

By unanimous consent, HB 657 was recommitted to the Committee on Hygiene and Sanitation.

HB 656. By Mr. Matthews of Colquitt: A Bill repealing an Act which gives additional credit points to Veterans taking certain examinations, and for other purposes.
By unanimous consent, HB 656 was recommitted to the Committee on State of Republic.
HB 629. By Messrs. Bolton and Melton of Spalding: A Bill relating to the relief of disabilities, and for other purposes.
By unanimous consent, HB 629 was recommitted to the Committee on Judiciary.
HR 187-599. By Messrs. Smith of Emanuel and Caldwell of Upson: A Resolution authorizing the State Revenue Commissioner to furnish a license plate and metal strip etc., and for other purposes.
By unanimous consent, HR 187-599 was recommitted to the Committee on Motor Vehicles.
HB 589. By Mr. Undercofler of Sumter: A Bill providing for certain findings by the Local governing body when the urban redevelopment area consists of open land, and for other pur poses.
By unanimous consent, HB 589 was recommitted to the Committee on State of Republic.
HB 580. By Messrs. Smith of Grady, Sinclair of Macon and others: A Bill relating to the levy and exemption of excise tax on motor fuels and kerosene, and for other purposes.

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By unanimous consent, HB 580 was recommitted to the Committee on Agri culture:

HB 556. By Mr. Murphy of Haralson:
A Bill providing that in all counties having a population of not less than 14,500 nor more than 14,900 the Act known as the "Used Car Dealers Registration Act" shall be applicable, and for other purposes.

By unanimous consent, HB 556 was recommitted to the Committee on Motor Vehicles.

HB 570. By Mr. Underwood of Montgomery:
A Bill authorizing the Chairman of the State Highway Board to charge and collect fees, etc., for the operation of motor vehicles whose dimen sions or weight exceed the limits prescribed by law, and for other purposes.

By unanimous consent, HB 570 wes recommitted to the Committee on State of Republic.

HB 540. By Messrs. McCutchen of Gilmer and Farmer of Heard:
A Bill creating the Office of Georgia Safety Fire Commissioner, and for other purposes.

By unanimous consent HB 540 was recommended to the Committee on Hygiene and Sanitation.

HB 534. By Mr. Caldwell of Upson: A Bill giving operators of places of business for garaging, of vehicles, for the public, a special miscellaneous possessory lien for reasonable charges that accrue against unclaimed vehicles and for other purposes.
By unanimous consent, HB 534 was recommitted to the Committee on Judiciary.
HB 492. By Mr. Lewis of Burke: A Bill providing that any person who shall make or report any crime knowing the same is false or has not been committed, shall be punished as for a misdemeanor, and for other purposes.

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By unanimous consent, HB 492 was recommitted to the Committee on Special Judiciary.

HB 437. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to confer upon counties the right and power to condemn private property and any right for the purpose of small watershed projects, and for other purposes.

By unanimous consent, HB 437 was recommitted to the Committee on Judiciary.

HB 467. By Mr. Barber of Jackson:
A Bill relating to the custody of children in connection with the granting of divorces, and for other purposes.

By unanimous consent, HB 467 was recommitted to the Committee on Special Judiciary.

HB 458. By Messrs. McClelland, Brooks, and Smith of Pulton, Rutland and Mackay of DeKalb:
A Bill providing that any member of the General Assembly employed by any political subdivision or agency of the State of Georgia, shall receive credit for time served as a member of the General Assembly, and for other purposes.

By unanimous consent, HB 458 was recommitted to the Committee on State of Republic.

HB 450. By Messrs. Newton of Colquitt, Fordham of Bulloch and many others: A Bill providing for certified public weighers and for other purposes.

By unanimous consent, HB 450 was recommitted to the Committee on Agri culture.

HB 434. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill providing for the listing and adoption of textbooks for use in the public schools, and for other purposes.

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By unanimous consent, HB 434 was recommitted to the Committee on Education.

HB 391. By Messrs. Dicus of Muscogee and Lee of Clayton:
A Bill providing a method of certificate transfer when the ownership of a motorboat changes, and for other purposes.

By unanimous consent, HB 391 was recommitted to the Committee on Natural Resources.

Under the General Order of Business, the following Bills of the House were again taken up for consideration:

HB 59. By Messrs. Bolton of Spalding, Hale of Bade, Pannell of Murray and many others:
A Bill relating to prerequisites for deeds before they are admitted to record, and for other purposes.

By unanimous consent, HB 59 was recommitted to the Committee on Special Judiciary.

HB 154. By Messrs. McClelland and Brooks of Fulton:
A Bill providing for appeals in civil cases without the necessity of moving for a new trial, and for other purposes.

By unanimous consent, HB 154 was recommitted to the Committee on Judiciary.

HB 170. By Messrs. Jernigan of Clinch, Knight of Berrien, and many others:
A Bill creating the office of Judge of the Superior Courts Emeritus, modifying the service qualifications for appointment, and for other purposes.

By unanimous consent HB 170 was recommitted to the Committee on Special Judiciary.

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173

HB 198. By Messrs. Floyd of Chattanooga, Arnosdoff of Effingham, and many others:

A Bill providing that it shall be unlawful for persons to negotiate with any person injured in an accident relative to a claim such person has until the elapse of a specified period of time, and for other purposes.

By unanimous consent, HB 198 was recommitted to the Committee on Judiciary.

HB 358. By Mr. Story of Gwinnett:
A Bill relating to the delivery of worthless checks, and for other purposes.

By unanimous consent, HB 358 was recommitted to the Committee on Judiciary.

HB 316. By Mr. Twitty of Mitchell:
A Bill providing for the licensing of collection agencies, and for other purposes.

By unanimous consent, HB 316 was recommitted to the Committee on Rules.

HB 392. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill creating the Peace Officers' Annuity and Benefit Fund, and for other Purposes.

By unanimous consent, HB 392 was recommitted to the Committee on State of Republic.

HB 601. By Mr. Budd of Lowndes:
A Bill providing that no advertising agency or media shall charge any rate for their services in excess of those charges in effect for similar subscribers of such services for any political advertisement, and for other purposes.

By unanimous consent, HB 601 was recommitted to the Committee on Industry.

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HB 49. By Mr. Walker of Lowndes:
A Bill relating to lease and administration of the estates, and for other purposes.

By unanimous consent, further consideration on HB 49 was postponed until Monday, January 15, 1962.

HB 386. By Mr. Phillips of Bibb:
A Bill creating and establishing a Board of Funeral Service, and for other purposes.

By unanimous consent, further consideration on HB 386 was postponed until Tuesday, January 16, 1962.

Under the General Order of Business, the following Bills of the House were taken up for consideration and read the third time:

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett: A Bill regulating the sale of fireworks, and for other purposes.

By unanimous consent, further consideration on HB 9 was postponed until Wednesday.

HB 62. By Messrs. Undercofler of Sumter, and Jones of Sumter:
A Bill establishing a Minimum Foundation Program of Education, and for other purposes.

By unanimous consent, further consideration on HB 62 was postponed until Monday, January 15, 1962.

HB 196. By Mr. Vaughn of Rockdale:
A Bill providing that in certain counties, any person charged with any offense under the game and fish laws of this State shall be allowed to enter a plea of guilty in the court of ordinary, and for other purposes.

By unanimous consent, further consideration on HB 196 was postponed until Monday, January 15, 1962.

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HB 269. By Messrs. Scoggin of Floyd, Coker of Walker, and many others:
A Bill providing for additional points for certain applicants taking examinations given by any examining board, and for other purposes.

By unanimous consent, further consideration on HB 269 was postponed until Monday, January 15, 1962.

HB 263. By Messrs. Bowen of Randolph, Summers of Crisp, and many others: A Bill providing for the compulsory school attendance of all children within the State between their seventh and sixteenth birthdays, and for other purposes.
By unanimous consent, further consideration on HB 263 was postponed until Monday, January 15, 1962.
HB 283. By Messrs. NeSmith of Meriwether, Phillips of Columbia, and many others: A Bill amending Section 23 of the Banking Law, relating to the purchase and ownership of stocks, etc., so as to authorize the purchase by banks of obligations of authorities, and for other purposes.

By unanimous consent, further consideration on HB 283 was postponed until Monday, January 15, 1962.

Mr. Barber of Jackson, had been called from the Hall of the House to confer with constituents but stated that had he been present, he would have voted "AYE" on HB 291.

The Speaker announced the House recessed until 8:00 o'clock p.m.

NIGHT SESSION

The Speaker called the House to order.

The Hour of convening having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing a message from His Excellency, Governor S. Ernest Vandiver.

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The President of the Senate called the Joint Session to order.

The Secretary of the Senate read the Resolution providing for the Joint Session.

The following Joint Resolution was read and adopted:

JR 1-728. By Messrs. Newton of Colquitt, Black of Webster, and Farmer of Heard:
A RESOLUTION
WHEREAS, If it were not for the abundance and availability of members of the legal profession for service in the General Assembly of Georgia, the farmer of Georgia would be in the majority in this distinguished body; and
WHEREAS, the farm members of this deliberate body are grateful to the lawyers, bankers, merchants, educators and all other represented professions within this distinguished branch of Georgia's State Govern ment for their outstanding support of legislative programs in the interest of Georgia farmers; and
WHEREAS, it is our definite belief and impression that all nonfarm members of this body, because of some defect in their otherwise outstanding mental ability, desire at some future date to retire and spend their declining years in comfort and ease on one of Georgia's farms; and
WHEREAS, we, the farm members of this distinguished body, de sire to show appreciation as well as to give an idea of what abundant living is in store for them as they live their declining years in the woods and fields of rural Georgia.
BE IT THEREFORE RESOLVED that all members of this General Assembly, all State House officials, as well as members of the press, radio and television, are hereby invited to be the guests of the farm members of the Georgia Legislature on Sunday night, January 14, 1962, on the 14th floor of the Henry Grady, to partake of barbecued wild hog complete with trimming as well as to enjoy refreshment from the milkbar.
This invitation is extended for each Sunday night of this session with the reserved right to change the menu of succeeding Sunday nights from wild hog to some other product of Georgia's soil.
Accompanied by the Committee of Escort and other distinguished guests, Governor Vandiver appeared upon the floor of the House:

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Lieutenant Governor Garland T. Byrd in presenting Governor Vandiver made the following introductory remarks:

The 1962 Joint Session of the Georgia General Assembly is now in session.
It is a distinct honor to present to you a man to whom history will be kind. He has developed solid programs to:
. . . rehabilitate the long neglected.
. . . preserve and expand public education.
. . . gain world-wide recognition for Georgia as a powerful eco nomic entity
. . . and, to elevate Georgia State Government to a high level of decency, honesty and unquestioned morality.
I present to you, His Excellency, S. Ernest Vandiver, Governor of Georgia.

Governor S. Ernest Vandiver, delivered the following address:
LIEUTENANT-GOVERNOR BYRD, SPEAKER SMITH, GENTLE MEN OF THE SENATE, GENTLEMEN OF THE HOUSE OF REPRE SENTATIVES AND THAT GREAT BODY OF FOUR MILLION MEN, WOMEN AND CHILDREN WHO GO TO MAKE UP GEORGIA'S CITIZENRY:
Tonight, it is with mixed emotions that I address you on this occasion . . . with sadness that, barring some unforeseen emergency, this is the last time this General Assembly and I shall be meeting together . . .
. . . with happiness and satisfaction that we can look over the past three years with a deep sense of accomplishment.
As we look forward to another year of work together, we can take courage from the fact that most economic barometers in Georgia are moving upward.
Employment.
Incomes.
Business.
Farm receipts.
Industrial Development.

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Ten thousand new jobs.

Thirty million in added payrolls.

In 1961, over $128 million dollars invested in new and expanded plants.

Georgia stood near the top in a national survey as a potential site for new industry.

We have much to be thankful for.

THE STATE OF OUR GRAND OLD STATE OF GEORGIA IS EXCELLENT!

This evening I bring you good news!

Provided the economy continues its healthy improvement and pro vided we hold the line on revenue and expenditures, we will finance in full the Appropriation Act which you passed last year.

I have more good news for the taxpayers of Georgia:

In 1959, I asked you for NO NEW OR ADDITIONAL TAXES!

In 1960, I asked you for NO NEW OR ADDITIONAL TAXES!

In 1961, I asked you for NO NEW OR ADDITIONAL TAXES!

And, in this good year, 1962, I repeat that injunction--NO NEW OR ADDITIONAL TAXES!

TAX HIKES REJECTED
There were some suggestions that it would be much easier for me to have asked you for an increase in the sales tax to four per cent and for other assorted massive tax increases on the people.
I rejected these suggestions for new taxes.
I rejected them because I was unwilling to saddle our people with additional burdensome and oppressive taxation.
Moreover, I am unwilling to spread an umbrella of new revenue over a State government that every citizen knew had grown top-heavy with waste.
Knowing this, the Vandiver Administration chose to do its work the hard way. We did it through economy, better enforcement of ex-

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179

isting revenue laws and by a re-emphasis in budgeting, away from pet projects benefitting the few, to the more essential state programs, affecting the welfare of all Georgia people.

My friends, time has proved the wisdom of our course.

I am proud of the fact--

I know you are proud of the fact--

THAT OF ALL THE FIFTY UNITED STATES IN THIS UNION, GEORGIA STANDS AS ONE OF ONLY FIVE, ON THE HONOR ROLL OF STATES, WHICH DID NOT RAISE A SINGLE TAX IN 1959, 1960, or in 1961!

My friends, you can go to the people on that record.

SERVICES EXPANDED
And, I say to you, we are doing MORE, in the way of financing new and expanded services, without new or additional taxes, than has been done ever heretofore, in any comparable period, with massive tax increases!
You can go to the people on that record, too.
The results are in--
You can demonstrate to your constituents what can be accom plished through the application of simple business practices to state operations.
ASSEMBLY THEME
Back in 1959, our theme was "Cleanup and Economy."
In 1960, "Reorganization and Progress."
In 1961, "Building and Expansion."
And in 1962, at this session, our theme will be, "To restore for all time the great partnership between the Legislative and Executive Branches of the state government, in the appropriation and expenditure of public tax funds."
POLICY PURSUED
If any one phrase or paragraph, sums up the creed of the Vandiver

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Administration, and the Legislatures which have been a part of it, those words are found at the beginning of our State Constitution:

"All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are trustees and servants of the people, and at all times, amenable to them.

Two great challenges confronted us when we began our work in 1959--
. . . fiscal bankruptcy, and . . .
. . . federal encroachment.
That we have met and overcome both to a large extent, attests the worth of the legislative and the executive working as full partners. Without your help, confidence, patience, support, and cooperation, we could not have done the job.
LOOK AT LEDGER
Now, let's look at the ledger.
Let's examine it in full view of those who pay the bills.
Let's look at it, with the people.
The cold figures, themselves, tell an eloquent story.
The total state budget, has been raised during the Vandiver Admin istration from $337 million dollars in fiscal '59, to $419 million dollars in fiscal '63.
That is an $82-million-dollar increase.
All done without any new or additional taxes whatsoever!
The most significant fact of all, is that while the overall budget has been raised $82 million dollars, operating functions within that budget, have been raised $89 million dollars.
How has this been done?
Through economies--definite, traceable economies--$3 million dol lars annually.

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Through purchasing savings--competitive bidding, quantity buying and business management--another clear-cut $3 million dollars annually.

That's money in the Georgia taxpayers' pockets.

Add to that, the benefits derived by shifting emphasis in the budget, to first things, first--$8 million dollars annually.

And, add another $40 million dollars annually, directly attributable to improved enforcement in the State's revenue laws.

That totals in excess of $50 million dollars annually, extra benefits from good management.

Over two hundred million dollars, gained for the people in four years.

GREATEST INCREASE EVER
Now, what do all of these figures mean, translated into terms of expanded departmental services?
Just this.
During the Vandiver years, we will have increased support for common school operations, over $40 million dollars annually, the great est increase in the State's history in a comparable period, all without new or additional taxes!
The same for the Teacher Retirement System, for University System operations, for Milledgeville State Hospital, for the Commerce Department, for the Corrections Department, when you include the amortization cost on the new prison facilities--the greatest increases ever made in a comparable period!
Most impressive of all, when you review the increases made in the sixteen major operating functions of the state government, in the Vandiver Administration, you will find they total $88,916,936.89--all made with not a dime in new taxes.
Contrast that with $76% million in increases, for comparable func tions, in the preceding four-year period, with a $60-million-dollar tax increase.
In terms of services, we have bought $500 in teacher pay raises, without new taxes.
We have bought similar increases in the University System pay scales, expanded services at Talmadge Hospital, financed operation of the Science Center, and the new junior colleges.

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We have bought a $200 increase, and a 12-months annual salary, for 5,000 Georgia School bus drivers, without a single new tax.

We have bought 2,800 new teachers, mid-term adjustments, inservice training grants, increased M & 0, increased capital outlay by $5,500,000 annually, matched new federal funds, launched educational TV, and provided other increases all along the line, without a dime in new or additional taxation.

Budget support for Highway Department operations, will have been increased $16 million dollars in this administration, without new taxes, as compared to a $14-million-dollar increase, in the preceding four-year period with taxes.

In the Health Department, a three million dollar greater increase, without new taxes.

In Agriculture Department operations this year, the greatest in crease ever made in a single year.

For Ports development, over $4 million dollars in fiscal '61, over twice any amount previously provided, in a single year for that purpose.

In the Welfare Department, a million and a half increase, in this administration, which has made it possible, for us to institute a seven million dollar per year Georgia program, of medical and nursing home care for our needy aged--I remind you--without any new or additional taxes.

Four million dollars in additional support for Milledgeville State Hospital, is raising the employee/patient ratio, by adding 575 new personnel, doubling the staff of physicians, and improving rehabilitative care in all respects.

PUBLIC CONSCIENCE STIRRED
Here was an instance of the public conscience, remembering the forgotten men and women. Here was an instance of the public conscience demanding, that the rug be lifted, that complacency be swept away, so that finally, the light of proper medical and psychiatric treatment and rehabilitation, could shed its rays into the dark corners, that patients there could be restored to full health, happy and productive lives.
Down at Gracewood, the staff has been nearly doubled, new facili ties for colored opened, and other expansion is underway.
Then, we have more than doubled the program, whereby some 1,800 citizens from 152 Georgia counties, are receiving intensive mental health treatment.
Time does not permit me to go into greater detail, about admin istrative services.

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BUILDING PROGRAMS

But the whole story of the Vandiver Administration cannot be told, without including its building programs, the greatest ever under taken and budgeted by, any administration in a comparable period.

Major building programs undertaken, authorized and budgeted, during the Vandiver Administration total $854,000,000.00, as compared to $550 million in new building of all kinds, undertaken in the preceding four-year period.

Here is the program:

Four and one-half thousand grade school classrooms, and other re lated facilities, costing one hundred and five million dollars.

Thirty Area Trade schools, to train a great new industrial force, twenty million dollars.

Educational TV, six hundred thousand dollars.

To relieve over-crowded conditions, four thousand dormitory rooms, and other unparalleled construction throughout the University System, thirty million dollars.

A grand total of seventy-six, general hospital and medical projects, forty-one million dollars.

Highways, built and to be built, six hundred and three million dollars.

To stimulate export and import trade, new port facilities, sixteen and one-half million dollars.

Mental health facilities, second to none in the nation for screening and rapid treatment, sixteen million dollars.

Training schools' expansion and renovation, one and a half million dollars.

State parks' rehabilitation and expansion, three million.

For national guard activities, twenty armories, costing three million dollars.

For improved rehabilitation of the state's prison population, four and one-half million dollars in new construction.

The Stone Mountain Memorial Park, six million.

Farm market expansion, five hundred thousand.

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A badly needed state archives building, four million.

OTHER GAINS
Besides these constructive accomplishments, there have been the intangible gains, which make for better government.
To cite just a few . .
. . . implementing the Senate "Watchdog Committee" report, in the early days of the administration . . .
. . . enacting a strict statute, prohibiting conflicts of interest . . .
. . . instituting a state withholding system . . .
. . . earning interest on idle funds . . .
. . . creating a research agency for the Legislature . . .
. . . installing latest electronic machine records procedures, in the larger departments . . .
. . . removing the constitutional prohibiting, against state-aid to municipalities . . .
. . . upholding the constitutional concept of freedom of the press, and adopting an "open records" act . . .
. . . and, most important of all, restoring the confidence of the people of Georgia, in their state government.

TASK AT HAND
Now, my friends, we turn to the task at hand at this session.
Putting the General Assembly back in the appropriating business.
This has been a concern of all of us, over the past many months and years.
We were stymied at first, by the highway allocations' amendment, which has now been modified.
Our objectives all along, have been substantially the same.
But, unfortunately, no one heretofore has come forward with a workable, overall plan.

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The Economy and Reorganization Committee considered the matter.

So did the Senate and House Committees, on Appropriations and Finance.

Everyone has contributed to an understanding of the problem.

COMMENDS PANNELL COMMITTEE
The joint Committee which you created at your last session, has been working diligently, under the leadership of Representative Charles Pannell.
I commend in the heartiest terms, the contribution which that committee has made in its report, to an understanding of what action we must take now, to restore the voice of the people in the expenditure of their tax monies.
In light of the work of this committee, I am now ready to make specific recommendations to you.
In formulating them, I went back to the State Constitution.
The separation of powers doctrine was my guidepost.
The Legislature must appropriate.
The Governor must execute.
And anything that detracts from that grand design of constitu tional protection, militates against the public interest.
When in the past quarter of a century, nearly one dollar out of every four, has been spent by executive decree, I say to you that every last vestige of legislative discretion, has been removed over state expenditures, and that the General Assembly has ceased to perform its function in the government.
My experience as a department head for six years, as LieutenantGovernor, and as Governor, has demonstrated to me, that whatever waste there may have been in the past, 90 per cent was attributable to the lack of a strong budgeting system, and legislative appropriations.
On departmental operations in the past, there has been no require ment, incentive or need to plan ahead--to formulate a budget plan. We had to do so in this administration by force of circumstances, having to make every dollar do double duty. But under an arrangement, where the custom has been to dip into the till until the wells runs dry, the inevitable result, is periodic demands upon the General Assembly for higher and higher taxes.

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In twenty-five years, Georgia has had only six appropriation bills.

We should have had a minimum of twelve.

It is utterly ridiculous, when massive tax increases can be levied in one year, and the State is broke in the next.

It is costly, indeed, when pressing State problems are glossed over and ignored, year after year for lack of planning.

ONLY SOLUTION
What is the solution?
It is to put the General Assembly of Georgia back in business.
What are the stumbling blocks?
There are three, as I see them.
They are: (1) the crippling effects of the lame-duck, rotation system in the State Senate; and,
(2) the lack of continuity in House and Senate Committees, both of which, of course, address themselves exclusively to you.
The third stumbling block, which is a legitimate concern of the Executive Branch, is that of guaranteeing to the people the proper appropriation and expenditure of their public tax funds.
To that end, I join with your select committee, in recommending to you the following:
First, a constitutional amendment, which would require, with no ifs, ands, or buts, a biennial appropriations bill; which would provide for a split session of the General Assembly in odd numbered years-- 15 days to organize and receive the budget, and 30 more days for an appropriating session in the Spring, nearer the beginning of the ensuing fiscal year; an amendment which would limit appropriations to income and surplus; which would limit authority debt obligation to 15 per cent of the total budget, and which would otherwise provide a system of appropriations control, by the General Assembly.
Second, an Act to establish a modern-day and universally-accepted, functioning Budget Bureau for Georgia, with a qualified staff, evolving a continuing financial plan, for capital and recurring expenditures, this plan and related data to be available at all times, to the General As sembly, to the press, to the public and to the Governor; and
Third, an amendment to the present General Appropriations' Act, to provide funds for its operation.

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187

Gentlemen, adoption of this program is the greatest protective legacy you could leave to your children, and to future generations of Georgians.

By the re-assertion of your sovereign prerogatives over the public purse, you will bring responsibility, and accountability, to state fiscal administration.

As one who has served in the General Assembly, as presiding officer of the State Senate, I say to you with complete candor, that until and unless, the Georgia General Assembly determines to be master in its own house, it cannot exercise, even to the slightest degree, its constitutional responsibilities, nor can it supply those checks and balances, vital to the life of the republic.

Gentlemen, the decision now is yours.

I am ready--the people are ready--to go the full way with you.

Indeed, Georgia's destiny is in your hands.

There are other considerations in which the Administration has deep interest.
One of these is bringing constitutional status to the State Commerce Board.
Such matters will be dealt with separately, and in detail, through special messages to you, during the course of the session.
APPRECIATION TO PEOPLE
In closing, I want to thank the radio and TV people, and the newspaper people of the State, for their generous response every time I have called upon them, to serve the public interest.
And to the people of Georgia, I express my heartfelt love and affection, for their understanding, friendship and support given to me in hard days of trial and of pressure.
Three years ago when we began our work, we were confronted by overwhelming fiscal difficulties and an ever-widening educational crisis, both of which appeared impossible of satisfactory solution.
The cooperation which you and the preceding Legislature gave my administration, saved Georgia people from oppressive tax increases,

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and saved her children from the cesspools of ignorance, padlocked schools and colleges, and mob violence.

To the people of Georgia:

This is the record.

We are proud of it.

We stand upon it, before that great body of God-loving, law-abiding, honest, upright Georgia men, women and children, confident of their appraisal, and confident of history's verdict.

Senator Knox of the 54th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The House was called to order by the Speaker.
Mr. Twitty of Mitchell moved that the House do now adjourn until 10:30 o'clock A.M. tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock.

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189

Representative Hall, Atlanta, Georgia Thursday, January 11, 1962.

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
Mr. Busbee of Dougherty asked unanimous consent that the House reconsider its action in not giving the requisite constitutional majority to the following Bill of the Senate:
SB 7. By Senators Mitchell of the 43rd Overby of the 33rd and others: A Bill relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees, so as to change salaries, and for other purposes.

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There was objection to the unanimous consent request.

Mr. Busbee of Dougherty moved that the House reconsider its action in failing to pass SB 7 and the motion prevailed.

The Bill was placed upon the General Calendar.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 729. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act revising the charter for the City of Fitzgerald, and for other purposes. Referred to the Committee on Local Affairs.

HB 730. By Messrs. Sangster of Dooly, Underwood of Taylor, Paris of Barrow, Harrell of Fayette, Clarke of Monroe and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for disability retire ment for members of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation, and for other purposes.
Referred to the Committee on State of Republic.

HB 731. By Messrs. Abney of Walker, Floyd of Chattooga, Adams of Polk, Knight of Berrien, Loggins of Chattooga and Coker of Walker:
A Bill to be entitled an Act to amend an Act to provide for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide for the issuance of special license tags to motor vehicle owners who are citizens band radio operators; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 732. By Messrs. Fuqua of Richmond, and Mackay of DeKalb:
A Bill to be entitled an Act to provide for the "Uniform Commercial Code", and for other purposes. Referred to the Committee on Banks and Banking.

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191.

HR 341-732. By Messrs. Lovett of Laurens, Matthews of Colquitt, Knight of Laurens, Twitty of Mitchell, Underwood of Montgomery and others:
A Resolution proposing an amendment to the Constitution so as to abolish the Office of Lieutenant Governor, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 342-732. By Messrs. Odom and Busbee of Dougherty and Undercofler of Sumter and Hill of Meriwether:
A Resolution proposing an amendment to the Constitution so as to provide for limitations on the issuance of bonds of State Public Author ities; and for other purposes.
Referred to the Committee on Appropriations.

HB 733. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 734. By Messrs. Floyd of Chattooga, Keyton of Thomas, Matthews of Col quitt, Bozeman of Thomas, Lowery of Ployd and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to Motor Vehicle licenses, so as to provide a reduction in the rate of fees for passenger cars at certain periods; and for other purposes.
Referred to the Committee on Ways and Means.

HB 735. By Mr. Echols of Upson:
A Bill to be entitled an Act to amend an Act known as "The General Tax Act", so as to remove the provisions as to tax upon dealers in rifles and centerfire rifle cartridges, and for other purposes.
Referred to the Committee on Ways and Means.

HR 343-735. By Mr. Barnett of Wilkes: A Resolution to compensate Carl S. Hopkins, and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

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HB 717. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act captioned "Barnesville Charter Amended", so as to extend the corporate limits of the City of Barnesville to include therein a tract of land presently owned by said City of Barnesville; and for other purposes.

HB 718. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act relating to the suppression and prevention of hog cholera, so as to authorize the Department of Agriculture to purchase anti-hog cholera serum, virus, vaccine or other immunization agents, and for other purposes.

HB 719. By Mr. Kimmons of Pierce:
A Bill to be entitled an Act to amend an Act known as the Appropri ations Act, so as to change the appropriations to the Department of Agriculture; and for other purposes.

HB 720. By Messrs. Undercofler and Jones of Sumter:
A Bill to be entitled an Act to amend an Act establishing the City Court of Americus, and for other purposes.

HB 721. By Messrs. Undercofler and Jones of Sumter:
A Bill to be entitled an Act to amend an Act establishing the City Court of Americus, so as to provide for a change in the salary of the Judge of the City Court of Americus, and for other purposes.

HB 722. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend the charter of Shellman, Georgia, and for other purposes.

HB 723. By Messrs. McCutchen of Gilmer, Akins of Union, Poole of Pickens and Branch of Tift:
A Bill to be entitled an Act to authorize the fixing of a reasonable qualification fee for candidates in the General Election for certain county officers, and members of the General Assembly, and for other purposes.
HB 724. By Messrs. Rowland of Johnson, Barrett of Cherokee and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the State Board

THURSDAY, JANUARY 11, 1962

193

of Workmen's Compensation, so as to provide for the compensation of the Chairman and other members of the Board and persons in the employ of the Board, and for other purposes.

HB 725. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to create a Board of Commissioners of the Depart ment of Commerce, and for other purposes.

HB 726. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, and for other purposes.

HB 727. By Messrs. Brooks of Fulton, Arnsdorff of Effingham, Moate of Han cock, Smith and Boyett of Whitfield, Wickham of Muscogee and Mackay of DeKalb, and many others:
A Bill to be entitled an Act to amend an Act relating to Non-profit Medical Service Corporation, of the "Georgia Insurance Code", so as to provide that doctors of Podiatry shall have the same rights, benefits, and privileges as doctors of medicine and surgery, and for other pur poses.

HR 329-727. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the Department of Commerce shall have authority to make loans, secured by security instruments, for the purpose of improving certain real property owned; and for other purposes.

HR 330-727. By Mr. Knight of Berrien: A Resolution to compensate Ralph Mathis, and for other purposes.
HR 331-727. By Mr. Keadle of Lamar: A Resolution to compensate Mr. A. C. Buchanan, and for other purposes.
HR 332-727. By Messrs. Rowland of Johnson, Simpson of Wheeler, Keyton of Thomas, Killian of Glynn and Bowen of Toombs: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of State Funds into the Peace Officers Annuity and Benefit Fund, and for other purposes.

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JOURNAL OF THE HOUSE,

HR 333-727. By Mr. Keadle of Lamar: A Resolution to compensate Dr. Ben Ingram, and for other purposes.

HR 334-727. By Mr. Rainey of Crisp:
A Resolution to compensate Mrs. Ruby Mae Gutherie, and for other purposes.

HB 728. By Messrs. Parker of Ware, Mackay of DeKalb, Brooks of Fulton, Matthews of Clarke, Scoggin of Floyd, Vaughn of Rockdale, Matthews of Colquitt, Kidd of Baldwin and Phillips of Bibb:
A Bill to be entitled an Act to create the Georgia Department for Youth; to provide for the protection, care, training and supervision of certain classes of children and youth of the State, and among other things, defining its powers, duties and functions; and for other purposes.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 710. Do Pass. HB 707. Do Pass. HB 715. Do Pass. HB 154. Do Pass. SB 95. Do Not Pass. HB 417. Do Not Pass. HB 296. Do Not Pass. HB 437. Do Not Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.

Under the general order of business, the following Bill of the Senate was taken up for consideration and read the third time:

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195

SB 135. By Senator Sanders of the 18th:
A Bill providing that the Attorney-General may designate the Solicitor general of any judicial circuit to represent such persons and the interest of the State of Georgia in the matters as referred to in preceding Acts, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Cox Crawford Culpepper Davis Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll

Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fowler of Douglas Funk Hall of Floyd Henderson Hodges Horton Hull Hurst Johnson Joiner Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Massee Matthews of Clarke Matthews of Colquitt McClelland McCrackcn

McCutchen Milhollin Mixon Moate Moore Moorman Morgan Murphy Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Rainey Raulerson Roberts Rogers of Paulding Roper Rutland Sangster Scarborough Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield

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JOURNAL OF THE HOUSE,

Steis Story Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Todd Twitty

Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Telfair Ware Wells of Peach Wells of Oconee

Wickham Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs:

Abney Andrews of Hall Birdsong Boggs Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Budd Cocke Collins Conner Crowe Deen Dicus Pordham Fowler of Treutlen Fuqua Greene Hale Hall of Floyd Harrell Hill

Howard Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kimmons Knight of Laurens Knight of Berrien Langford
Loggins Lowrey Mackay McDonald McGarity Melton Miller Morris Moss Mullis NeSmith Pannell Payton Pickard

Purcell Rodgers of Charlton Ross Rowland Scoggin Sheffield Simpson Singer Smith of Fulton Stevens Strickland Stuckey Taniplin Taylor of Decatur Tucker Waldrop Walker of Lowndes Watson Wells of Camden White Willingham Mr. Speaker Smith of Emanuel

On the passage of the Bill, the ayes were 135, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 350. By Mr. Smith of Emanuel: A RESOLUTION
Expressing appreciation to Honorable Ivan Alien, Jr., and the City of Atlanta; and for other purposes.

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197

WHEREAS, Honorable Ivan Alien, Jr., Mayor of the City of Atlanta, and the members of the Aldermanic Board of the City of Atlanta entertained the members of the General Assembly at a most delightful reception and dinner on the night of January 9, 1962; and

WHEREAS, the hosts for this occasion provided excellent food, entertainment and fellowship, all of which was most thoroughly enjoyed by the guests;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby offered to Honorable Ivan Alien, Jr., and the members of the Board of Alder men of the City of Atlanta, for their cordiality and generosity, and best wishes are hereby extended to them and to the City of Atlanta for a most successful and prosperous future;

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Ivan Alien, Jr.

HR 351. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Honorable J. W. Hughes, Honorable R. W. Smith and the Southeastern Stages Bus Company; and for other purposes.
WHEREAS, the General Assembly was called into joint session on the night of January 10, 1962, for the purpose of hearing an address by Honorable S. Ernest Vandiver, Governor of the State of Georgia; and
WHEREAS, Honorable J. W. Hughes, Honorable R. W. Smith and the Southeastern Stages Bus Company were kind enough to provide transportation facilities for the members of the General Assembly to attend the aforesaid joint session of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable J. W. Hughes, Honorable R. W. Smith and the Southeastern Stages Bus Company are hereby commended and congratulated for providing adequate transportation for the members of the General Assembly to attend the joint session of the General Assembly of Georgia for the purpose of hearing an ad dress by Honorable S. Ernest Vandiver, Governor of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable J. W. Hughes, Honorable R. W. Smith and the Southeastern Stages Bus Company.

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JOURNAL OF THE HOUSE,

HR 352. By Mr. Smith of Emanuel:

A RESOLUTION

Expressing appreciation to Major General George J. Hearn; and for other purposes.

WHEREAS, The members of the General Assembly have ex perienced difficulty in obtaining transportation from their places of abode to the State Capitol in order to attend sessions of the General Assembly; and

WHEREAS, Major General George J. Hearn has arranged for transportation for the members of the General Assembly during the current session thereof; and

WHEREAS, this will immeasurably assist the members of the Legislative Branch of the Government to attend to the duties assigned to them by the taxpayers of this State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex tended to Major General George J. Hearn and the members of the De partment of Defense for their excellent assistance and cooperation in providing the aforesaid transportation to the members of the General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Major General George J. Hearn.

HR 355. By Mr. Mixon of Irwin:
A RESOLUTION
To congratulate and honor Judge James Whitley, Ordinary of Irwin County; to provide for an appropriate certificate from the State of Georgia to be prepared by the Secretary of the State of Georgia; and for other purposes.
WHEREAS, Judge James Whitley, of Irwin County, Georgia, has consecutively held the Office of Ordinary of Irwin County since October 17, 1904; and
WHEREAS, no other state or county officer, living or dead, has held public office that long; and
WHEREAS, this is a most remarkable record for a public official of our State, and such record deserves recognition, and Judge James Whitley deserves to be honored therefor.

THURSDAY, JANUARY 11, 1962

199

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Judge James Whitley's record as Ordi nary of Irwin County, Georgia, which office has been held consecutively since October 17, 1904, is hereby recognized and that Judge Whitley is honored therefor.

BE IT FURTHER RESOLVED that the Secretary of the State of Georgia is hereby directed and authorized to prepare an appropriate certificate from the State of Georgia recognizing such public service to be presented to Judge James Whitley, along with a copy of this Resolution.

Mr. Twitty of Mitchell moved that the House adjourn until 10:00 o'clock A.M. Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock Monday morning.

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JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 15, 1962.

The House met pursuant to adjournment at 10:00 o'clock a.m., this day and was called to order by the Speaker.

Reverend Pledger W. Parker, of Swainsboro, Georgia, offered the following Prayer:
Almighty God, as we enter upon the duties of this work week, grant us thy blessings.
May we realize the opportunity we have, as leaders, to promote righteousness among our people and to establish laws that challenge evil.
Stir us by the awarness of human need and divine help. Make every member of this body an asset to the cause of freedom, justice, and moderation.
We pray in the name of Jesus Christ. Amen.

The roll call was ordered, and the following members answered to their names:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd

Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins
Cox Culpepper Deen Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen

Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth

MONDAY, JANUARY 15, 1962

201

Kimmons King Kirkland Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris
Murphy NeSmith Newton Odom

Otwell Pannell Paris Parker of Screvea Parker of Ware Parker of Appling
Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.

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JOURNAL OP THE HOUSE,

4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Mr. Lovett of Laurens arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time, and referred to the Committees:

HR 345-735. By Mr. McClelland of Pulton:
A Resolution to compensate Mr. Robert E. Weinmeister, and for other purposes.
Referred to the Committee on Industry.

HR 345-735. By Mr. McClelland of Fulton:
A Resolution to compensate Mr. Robert E. Weinmeister, and for other purposes.
Referred to the Committee on Appropriations.

HR 346-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Bernard Smith and Mrs. Blanche Car penter, and for other purposes.
Referred to the Committee of Appropriations.

HR 347-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Henry A. Pendley, and for other purposes.
Referred to the Committee of Appropriations.

HR 348-735. By Mr. McClelland of Fulton: A Resolution compensating Mr. R. P. Packard, and for other purposes.
Referred to the Committee of Appropriations.

MONDAY, JANUARY 15, 1962

203

HB 736. By Messrs. Cox of Clarke, Smith of Grady and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act known as the "University System Building Authority Act", so as to authorize an extension of the date of maturity for Student Housing Revenue Bonds; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 737. By Messrs. Underwood of Montgomery, Bus'uee and Odom of Dougherty:
A Bill to be entitled an Act to prescribe the terms on which proceedings now pending, or hereafter instituted, under the statutes of this State involving the exercise of the power of eminent domain may be dismissed and to authorize such dismissal on these terms; and for other purposes.
Referred to the Committee on Judiciary.

HR 349-737. By Mr. Hurst of Quitman:
A Resolution to designate a State Highway as the S. Ernest Vandiver Causeway; and for other purposes.
Referred to the Committee on Highways.

HB 738. By Messrs. Busbee of Dougherty, Twitty of Mitchell, Miller of Elbert, Smith of Emanuel, Sinclair of Macon, and others:
A Bill to be entitled an Act to amend an Act establishing the qualifica tions of members of the County boards of Education, so as to provide for the abandonment of the militia district as the geographical basis for representation on a local school board; and for other purposes.
Referred to the Committee on Education.

HB 739. By Mr. Langford of Warren:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues of Warren County, relating to compensation of the Commissioner and Clerk, and for other purposes.
Referred to the Committee on Local Affairs.

HB 740. By Mr. Langford of Warren:
A Bill to be entitled an Act to amend an Act to create a County Treasurer for the County of Warren, and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 741. By Messrs. Adams of Polk, Rogers of Paulding, Kidd of Baldwin, Lowrey of Floyd, Roberts of Jones and others:
A Bill to be entitled an Act to provide that all personnel of the Georgia State Highway maintenance crew shall be compensated not less than a minimum rate of $1.00 per hour, and for other purposes.
Referred to the Committee on State of Republic.

HR 353-741. By Messrs. Story of Gwinnett, Busbee of Dougherty, Sinclair of Macon, Fowler of Treutlen, Matthews of Clarke and others:
A Resolution proposing an amendment to the Constitution so as to provide that Superintendent of Schools for each system be appointed by members of local school board, and for other purposes.
Referred to the Committee on Education.

HR 354-741. By Mr. Ware of Troup: A Resolution to compensate Mr. M. A. Teal, and for other purposes.
Referred to the Committee on Appropriations.

HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Brown of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau, so as to create a new Budget Bureau, and for other purposes.
Referred to the Committee on Appropriations.

HR 356-742. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Resolution proposing an amendment to the Constitution so as to provide for appropriation control; to provide for the biennial prepara tion, submission and enactment of a General Appropriation Bill; to fix the times for the meeting of the General Assembly to give better oppor tunity for study of fiscal matters; and for other purposes.
Referred to the Committee on Appropriations.

HR 357-742. By Mr. Rodgers of Charlton:
A Resolution compensating James Vester Yeomans, and for other purposes.
Referred to the Committee on Appropriations.

MONDAY, JANUARY 15, 1962

205

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 729. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act revising the charter for the City of Fitzgerald, and for other purposes.

HB 730. By Messrs. Sangster of Dooly, Underwood of Taylor, Paris of Barrow, Harrell of Fayette, Clarke of Monroe and others:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for disability retire ment for members of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation, and for other purposes.

HB 731. By Messrs. Abney of Walker, Floyd of Chattooga, Adams of Polk, Knight of Berrien, Loggins of Chattooga and Coker of Walker:
A Bill to be entitled an Act to amend an Act to provide for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide for the issuance of special license tags to motor vehicle owners who are citizens band radio operators; and for other purposes.

HB 732. By Messrs. Fuqua of Richmond and Mackay of DeKalb: A Bill to be entitled an Act to provide for the "Uniform Commercial Code", and for other purposes.
HR 341-732. By Messrs. Lovett of Laurens, Matthews of Colquitt, Knight of Laurens, Twitty of Mitchell, Underwood of Montgomery and others: A Resolution proposing an amendment to the Constitution so as to abolish the Office of Lieutenant Governor, and for other purposes.
HR 342-732. By Messrs. Odom and Busbee of Dougherty and Undercofler of Sumter and Hill of Meriwether: A Resolution proposing an amendment to the Constitution so as to provide for limitations on the issuance of bonds of State Public Author ities; and for other purposes.
HB 733. By Messrs. Bozeman and Keyton of Thomas: A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, and for other purposes.

206

JOURNAL OF THE HOUSE,

HB 734. By Messrs. Floyd of Chattooga, Keyton of Thomas, Matthews of Colquitt, Bozeman of Thomas, Lowrey of Floyd and Hall of Folyd:
A Bill to be entitled an Act to amend an Act relating to Motor Vehicle licenses, so as to provide a reduction in the rate of fees for passenger cars at certain periods; and for other purposes.

HB 735. By Mr. Echols of Upson:
A Bill to be entitled an Act to amend an Act known as "The General Tax Act", so as to remove the provisions as to tax upon dealers in rifles and centerfire rifle cartridges, and for other purposes.

HR 343-735. By Mr. Barnett of Wilkes:
A Resolution to compensate Carl S. Hopkins, and for other purposes.
The following Interim Committee reports were received:
TO: MEMBERS OF THE GENERAL ASSEMBLY:
REPORT OF THE HOUSE OF REPRESENTATIVES COMMITTEE CREATED TO STUDY PROBLEMS OF CIVIL DEFENSE AND
VETERANS' AFFAIRS CREATED BY HOUSE RESOLUTION NO. 265 AT THE 1961 REGULAR SESSION OF THE GENERAL ASSEMBLY OF GEORGIA.
INTRODUCTION AND FINDINGS
The following members of the House of Reprsentatives were ap pointed as members of the Committee:
Bonnell Akins, Union County James H. Floyd, Chattooga County Lamar E. Dunn, Pike County Culver Kidd, Baldwin County Ralph F. Underwood, Taylor County J. A. Andrews, Stephens County D. W. Knight, Jr., Laurens County George H. Carswell, Wilkinson County William B. Steis, Harris County Marvin L. Summers, Crisp County
The first meeting of the Committee was held on October 10, 1961. The Committee assembled in the Office of the Director of the State

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207

Department of Veterans Service along with many representatives of various veterans' and civic organizations throughout the State and representatives of the United States Veterans Administration then proceeded to the Office of Governor Vandiver at 10:00 a.m. to be present when the Governor signed the Proclamation officially designating November 11, 1961 as Veterans Day.

Immediately after the signing of the Proclamation by the Governor, the members of the Committee and the assembled representatives pro ceeded to the Committee Room at the Capitol. The acting chairman then asked each individual to register and announced that the Committee would be pleased to hear remarks and recommendations that any person had to offer regarding defense and veterans affairs in the State of Georgia.

The following individuals attended this meeting and gave the Committee the benefit of their ideas as announced by the acting chairman:

F. S. Chalmers Vet. Fed. Emp. Rep. U.S.C.S.C. 919 Federal Office Building Atlanta, Georgia
A. W. (Bill) Tate Manager VA Regional Office 449 W. Peachtree Street Atlanta, Georgia
Ben F. Chatfield, Commander The American Legion Department of Georgia 413 Bona Alien BuildingAtlanta, Georgia
Lois Petty, Opt. Commander of Georgia Disabled Veterans Auxiliary 19 So. Eugenia PL, N. W. Atlanta 18, Georgia
Nellie Ashendorf, Past Pres. Gold Star Mothers 1036 Hollywood Rd., N.W. Atlanta 18, Georgia
Mrs. Ruth J. Barber National Council Member of District #8 To Ladies Auxiliary to V.F.W. of America 1171 Van Buren St., S.W. Atlanta 10, Georgia
Mrs. Mary Robinson Pres. Dept. of Georgia Ladies Auxiliary to the V.F.W. 2448 Locksley Drive Macon, Georgia

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Louis M. Kaynard, Dept. Comdr Jewish War Vet. of U.S.A., Georgia & S.C. 1008 Broad Street Augusta, Georgia
David W. Harrison, Past Dept. Comdr. D.A.V. 2165 Stewart Ave., S. W. Atlanta, Georgia
Alfred Schwartz Regional Comdr. J.W.V. 994 Burton St., N. E. Atlanta 6, Georgia
J. M. Brisendine Dept. Com. V.P.W. 3458 Wren Road Decatur, Georgia
John W. Howard State Comdr. Emeritus, AMVETS 294 Park St., P.O. Box 353 Macon, Georgia
Mrs. Tracy Hallomon 1440 Alberta Place Amvets Post Aux. #2, Pres. Macon, Georgia
Mrs. M. P. Booker Pres. Amvets Aux. Dept. of Ga. 1220 Sylvan Drive Macon, Georgia
Mrs. Alice Doster National Executive Committeewoman AMVETS Auxiliary, Dept. of Ga. P. 0. Box 287 Athens, Georgia
Ernest H. Nash Past Dept. Commdr. The American Legion Box 183 Clarkesville, Georgia

In addition to the above individuals, the Committee was addressed by Honorable George J. Hearn, Major General, The Adjutant General of Georgia; Honorable Edward L. Swain, State Merit System Director; Honorable Pete Wheeler, Director of Veterans Service, State Depart ment of Veterans Service; J. Douglas Steward, Deputy Legislative Counsel, represented the Office of Legislative Counsel.

After hearing from the above named individuals, the acting chair man called the Committee to order for the purpose of formally organiz ing the Committee in order to accomplish the purposes outlined in House Resolution No. 265. William B. Steis of Harris County was

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elected Chairman, James H. Floyd of Chattooga County, Vice Chairman, and Ralph Underwood of Taylor County, Secretary.

Pursuant to the provisions of House Resolution No. 265, this Com mittee visited and inspected civil defense organizations and various units of the National Guard and Air National Guard and the State Hos pital and Veterans Hospital, located within the State.

The Committee also conferred with Honorable Ben T. Huiet, Com missioner of Labor, Department of Labor of the State of Georgia.

The Committee was very favorably impressed on its inspection with the civil defense organization and both the National Guard and Air National Guard Organizations, all of which are under the direction of the very able George J. Hearn, Major General, The Adjutant General of the State of Georgia. The Committee is pleased to highly commend General Hearn and the officials of his organization for the service they are rendering to the citizens of Georgia and to the defense of the United States.

The officials at each facility of the United States Veterans Admin istration, were most laudatory in their remarks regarding Honorable Pete Wheeler and the State Department of Veterans Service. The Committee is pleased to report the high degree of efficiency of the Department of Veterans Service and the excellent working relationship between the State Department of Veterans Service and the United States Veterans Administration.

During the inspection of the State Civil Defense Organization, and the United States Regional Civil Defense installations, and the facilities of the Veterans Administration, this Committee was accom panied by Honorable Robert G. Stephens, Jr., Representative from the 10th District of Georgia.

During the inspection of the Veterans Home, located on the grounds of the State Hospital at Milledgeville, Georgia, this Committee and Congressman Stephens were joined by Honorable Carl Vinson, Representative in Congress from the 6th District of Georgia. Con gressman Vinson was highly pleased with the leadership that Georgia has demonstrated in establishing this home for veterans and announced that he would initiate legislation to establish a new building at Mil ledgeville to house The Veterans Home. The building to be constructed by Federal and State maching funds. The Committee deeply appre ciates and highly commends Congressman Vinson and Congressman Stephens for their interest and their assistance to this Committee.

This Committee also expresses deep appreciation to and highly commends Honorable George J. Hearn, Major General, The Adjutant General of Georgia, Honorable Pete Wheeler, Director, State Depart ment of Veterans Service, Bernard M. Davey, Commanding General, 116th Air Transport Wing (H) Georgia Air National Guard, Colonel William H. Kelly, Base Commander, Travis Field; A. W. Tate, Manager, Veterans Administration Regional Office, Atlanta; E. P. Brannon, M.D., Manager Veterans Administration Hospital, Augusta; E. C. McDaniel,

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Manager, Veterans Administration Domiciliary, Thomasville, and Elvan P. Whitaker, Manager, Veterans Administration Center, Dublin, for their aid and assistance to this Committee. The Committee also deeply appreciates the courtesies of Honorable Edward L. Swain, Director State Merit System, Honorable Ben T. Huiet, Commissioner of Labor and for them any courtesies and assistance of the Office of Legislative
Counsel.

RECOMMENDATIONS
The Committee, during its meetings, conferences and inspection trips, received many suggestions and recommendations. Some of the recommendations were merely matters of administration and many of the recommendations were of such nature that the Committee feels that further study should be pursued by a subsequent Committee on Defense and Veterans Affairs prior to formulating a definite recom mendation.
The Committee, after very serious consideration, makes the fol lowing recommendations:
1. That the contingency section of the General Appropriation Act as enacted at the 1961 Session of the General Assembly of Georgia be amended so as to authorize the Director of the Budget to allocate and transfer a sum not to exceed $90,000.00 to the State Department of Defense for the specific and sole use of maintaining National Guard Armories and Air National Guard Armories and other building actually used by the National Guard and Air National Guard Units. These in stallations were erected at a cost of several millions of dollars but at a very small cost to the State. These installations are the property of the State of Georgia. They represent a huge investment and it is the duty of the State to protect this investment by adequate maintenance.
2. That a Veterans Museum be authorized and established in the State of Georgia for the purpose of housing, preserving and displaying the large quantity of war momentos, relics, and souvenirs that have, at present, been donated to the State of Georgia and that will be donated in the future. These momentos, relics and souvenirs are of great historical value and should be taken from storage and be dis played at an appropriate public place.
3. That a Joint Resolution be adopted by both Houses of the Gen eral Assembly of Georgia, highly commending the United States Con gressional Delegation from the State of Georgia for their untiring and successful efforts in obtaining the commitment from the Federal author ities which assures that a new 300 bed Veterans Administration Hos pital will be constructed in metropolitan Atlanta in 1963. This is a major achievement and it was very apparent to the Committee during their inspection trip of the Veterans Hospitals in the State of Georgia that another Veterans Hospital is badly needed and should be construct ed as soon as possible.
4. That a Resolution be enacted by the General Assembly of the State of Georgia expressing appreciation and recognizing the Depart ment Commander's Conference for their efforts in behalf of all the Veterans of this State. This organization is comprised of the Depart-

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ment Commander's (Presidents) of the seven major Veterans Organiza tions in the State of Georgia; to-wit: The American Legion, Disabled American Veterans, Veterans of Foreign Wars, Amvets, Veterans of World War (1), Spanish American War Veterans and Jewish War Veterans. Through the years this organization has furnished excellent liaison between the Veterans organizations, the Veterans of the State of Georgia and the Members of the General Assembly, and the State Department of Veterans Service.
5. That a monument be erected on the grounds of the State Capitol of the State of Georgia paying homage to and commemorating the Georgians who were members of the armed forces of the United States and served in the Spanish American War. That the Secretary of State, as keeper of the grounds of the State Capitol be authorized to make available space for such monument and further that the Secretary of State shall have the authority to approve the design of said monument to the extent that it will be in keeping with the other monuments and general landscape of the Capitol grounds, known as "Capitol Square". This monument and the construction thereof will be assumed by the many veterans organizations and individuals who are interested in the construction of this memorial. The construction of this monument will not obligate the State of Georgia for any sum whatsoever.

The Committee hereby expresses its deepest regret to the family and loved ones of the late Honorable George H. Carswell of Wilkinson County. The death or our colleague was a great loss to the members of this Committee and to the Members of the General Assembly of Georgia.
Respectfully submitted :
THE COMMITTEE
William B. Steis, Chairman Representative, Harris County Hamilton, Georgia James H. Floyd, Vice-Chairman Representative, Chattooga County Trion, Georgia Ralph R. Underwood, Secretary Representative, Taylor County Butler, Georgia Bonnell Akins, Member Representative, Union County Blairsville, Georgia Lamar E. Dunn, Member Representative, Pike County Williamson, Georgia Culver Kidd, Member Representative, Baldwin County Milledgeville, Georgia J. A. Andrews, Member Representative, Stephens County Toccoa, Georgia D. W. Knight, Jr., Member Representative, Laurens County Dexter, Georgia

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REPORT OF THE HOUSE COMMITTEE CREATED TO STUDY BLACK SHANK DISEASE IN TOBACCO AND OTHER AGRICULTURE DISEASES

The Committee to study Black Shank disease in tobacco and other Agriculture diseases was created by House Resolution No. 197 adopted by the House of Representatives at the 1961 regular session of the General Assembly of Georgia. Pursuant to the terms of said Resolution, the following were appointed as members of the Committee:
Representative A. B. C. Dorminy, Jr. of Ben Hill County
Representative Henry R. Milhollin of Coffee County
Representative Dorsey R. Matthews of Colquitt County
Representative B. Frank Arnsdorff of Effingham County
Representative Harry Mixon of Irwin County

At the organizational meeting, by unanimous vote, Honorable A. B. C. Dorminy, Jr. was elected Chairman and Honorable Harry Mixon was elected Secretary.

In accordance with and pursuant to the terms of the Resolution, the Committee has met and has studied Black Shank disease and other tobacco diseases, but the Committee has not studied other agriculture diseases because time allocated the Committee would not permit it.

During its meetings the Committee conferred with the following research personnel of North Carolina:

Dr. J. Lawrence Apple, the foremost authority on tobacco diseases in North Carolina, who explained the organisms which cause various tobacco diseases, and also informed the Committee of a new source of Black Shank resistants.

Dr. E. L. Moore, who discussed factors influencing Black Shank development, distribution of the disease, economic importance of, history of, and methods of control.

Dr. N. T. Powell, who discussed the development of varieties re sistant to Black Shank disease organism.

Dr. Kenneth R. Keller, Assistant Director in charge of Tobacco Research, discussed the over-all research program of tobacco research.

The Committee has conferred with the following research person nel and State officials of the State of Georgia:

Dr. Frank P. King, Director of the Coastal Plain Experiment Station, Tifton, Georgia.

Mr. John Preston, Extension Agronomist.

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Mr. Jack Ratcliffe, Chief Inspector for the State Department of Entomology.

Dr. H. W. Rankin, Head of the Plant Pathology Department of the Coastal Plain Experiment Station.

Mr. Gaines of the Plant Pathology Department of the Coastal Plain Experiment Station.

Dr. John H. Owen, Chairman of the Plant Pathology Division for the College of Agriculture of the University of Georgia.

Mr. W. E. Blasingame, State Etomologist of the Department of Agriculture, Atlanta, Georgia.

Dr. Harry L. Brown, President of the Georgia Farm Bureau, and the Bureaus Tobacco Commodity Commission.

Honorable John I. Spooner, Chairman of the Research Committee of the Board of Regents of the University System of Georgia, and the members of said Committee.

Honorable Phil Campbell, Commissioner of Agriculture of the State of Georgia.

The Committee expresses its appreciation for the vital interest and able assistance given by the persons and Departments herein referred to.

In conformity with the Resolution, the Committee visited North Carolina and made studies of the research program there and results of their programs on the tobacco disease problem. To understand the seriousness of the problem, the Committee feels that it should reveal the following facts about Black Shank in North Carolina:

In the year 1940--240 farms were infected with Black Shank

In the year 1945--4,324 farms were infected with Black Shank

In the year 1950--26,755 farms were infected with Black Shank

In the year 1954--53,250 farms were infected with Black Shank

Prior to 1960 Black Shank had completely blanketed the whole state. The quick spread of the disease in North Carolina is attributed to water shed and plant transportation from one tobacco belt to another.
The research personnel of North Carolina informed us that it is estimated that the loss of income caused by Black Shank disease alone has cost North Carolina billions of dollars and the estimate continues

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to rise each year. The reasons for this loss are that North Carolina tobacco farmers have been forced to plant resistant varieties, and the Committee was informed that resistant varieties are inferior in quality and are used by tobacco companies in limited quantities. We were informed that the tobacco companies prefer the old line varieties. (Old line varieties are varieties that are not resistant to Black Shank, such as Hicks and Bottom Special). The reason for this preference being because resistant varieties do not have the sugar content or the quality of aroma that are needed to make a good blend.

The difficulties in combatting the disease are: There is no known cure for Black Shank. When once present in the soil it remains there; (It has been known to be active in the soil for 13 years without the presence of tobacco.) Black Shank attacks the root of the plant, thus killing the entire plant; the disease spreads so rapidly that it destroys whole fields of tobacco; the organisms of Black Shank have been spread by water draining from an infected area to an uninfected area, sometimes great distances away, thus infecting soil there; the organ isms are so highly infectious that it is often carried on shoes of work men or implements from an infected area to an uninfected area; it is transported through movement of plants grown on infected soil, thus infecting the soil where the plants are transplanted; the presence of the organism is not visual in the plant until the plant has reached about 2/3 of its maturity to full maturity but before the first cropping.

BLACK SHANK PROBLEM IN GEORGIA
The Committee learned that Georgia and Florida are the only tobacco growing states that can successfully grow old line varieties of tobacco. This is due to the infestation of the disease in other tobacco states.
The Committee learned that Black Shank is present in Georgia. In 1950 there were 78 reported cases of Black Shank in Georgia. In 1960 there were 141 reported cases of Black Shank in Georgia. In 1961 there were 99 reported cases of Black Shank in Georgia. There were, in fact, 99 new cases in 1961, meaning that we have a total of 318 reported cases in Georgia. One or more of these cases are present in nearly every tobacco county in the State.
The Committee learned at the first meeting of this Committee there was not a pathologist or any person assigned solely to tobacco research. However there has now been a pathologist hired and assigned to tobacco research.
The Committee learned that there is not a Breeder Pathologist assigned to tobacco research.
The Committee learned that another pathologist is needed in addi tion to the one hired this year.
The Committee has been informed that an Extension Plant Patholo gist has been previously requested by the House of Representatives,

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but this position has not been filled and no plans for placing an extension pathologist on tobacco research has been made.

The Committee was informed by the research people in Georgia, as well as North Carolina, that a green house 35 feet by 200 feet will allow 6 to 8 tobacco crops a fiscal year to be grown as compared to one crop a year without the use of a green house.

The Committee learned that there was not a suitable research green house located in the tobacco belt of Georgia.

RECOMMENDATIONS
Based on our study in North Carolina and Georgia, the Committee wishes to make the following recommendations:
(1) That one Breeder Pathologist be hired to work exclusively with tobacco.
(2) That one Plant Pathologist be hired to work exclusively with tobacco.
(3) That one Extension Plant Pathologist be hired to work directly with the tobacco farmers of the State.
(4) That technicians be hired to staff the research program.
(5) That funds be made available for equipment needed in connection with the tobacco research program.
(6) That funds be made available to carry out an extensive educa tional program to inform the tobacco farmers of this State of the hazards and ways to combat the disease.
(7) That funds be made available for the hiring of skilled and unskilled labor needed in connection with the tobacco research program.
(8) That an adequate amount of money be made available annually to expand and carry on the tobacco research and breeding program outlined herein.
(9) That an adequate amount of money be made available to build and equip a green house to be used in connection with the tobacco research program.

The Committee feels that Georgia has a very distinct advantage in that the tobacco farmers of this State can still successfully produce the old line varieties of tobacco, and we should make every effort to preserve this advantage.

The Committee especially thanks the research personnel we have conferred with and asked assistance. The Committee feels that the research personnel have done a wonderful job with facilities provided to them to work with.

The Committee expresses its appreciation to the staff of the Office

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of Legislative Counsel for cooperation, advice and assistance given during the Committee studies and deliberations.

The Committee wishes to particularly express its appreciation to to the Board of Regents and to the Research Committee of the Board. The Committee has met with the Board of Regents and has been extended all assistance and cooperation possible by the Board. As a result of these meetings the Board of Regents has already carried out all but two of the recommendations and is presently engaged in working out the details preparatory to carrying out these two recommendations. For this the Committee extends its deepest thanks to the Board and its staff.

/s/ A. B. C. Dorminy, Jr., Chairman, Representative, Ben Hill County.
/s/ Harry Mixon, Secretary Representative, Irwin County.
/s/ Henry R. Milhollin, Representative, Coffee County.
/s/ Dorsey R. Matthews, Representative, Colquitt County.
/s/ B. Frank Arnsdoff, Representative, Effingham County.

REPORT OF STUDY COMMITTEE ON DISCIPLING ATTORNEYS AT LAW
(HOUSE RESOLUTION 241)
The House Committee to study matters pertaining to the disbarment, suspending and disciplining of attorneys at law and the standard of conduct that should be required of all attorneys permitted to practice law in the State of Georgia, was created by House Resolution 241, adopted at the 1961 Session of the General Assembly. Pursuant to the Resolu tion, the following were appointed by the Speaker as members of the Committee:
Representative Jim Hull of Richmond County, Representative Henry Payton of Coweta County, Representative John Scarborough of Crawford County, Representative Phil Taylor of Bibb County, Representative Clarence Vaughn, Jr. of Rockdale County.
At the organizational meeting, Representative Henry Payton was elected Chairman and Representative Phil Taylor, Secretary.
In accordance with and pursuant to the terms of the Resolution, the Committee met and studied the present laws of the State of Georgia

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pertaining to the disbarment, suspending and disciplining of attorneys at at law and the standards of conduct required of attorneys to practice in the State of Georgia. The committee also studied the various bills which had been introduced in past sessions of the the General Assembly relating to this subject.

During these meetings the Committee has conferred with many lawyers throughout the State of Georgia, Circuit Bar Associations and the Georgia Bar Association in order to obtain the feelings of the lawyers of this State as to whether or not any change should be made in the existing laws pertaining to disbarment, suspending and disciplining of attorneys and standards of conduct required of attorneys. The Committee attended the summer meeting of the Georgia Bar Association at Jekyll Island, Georgia. The Committee was given a place on the program at this meeting by the President of the Georgia Bar Association, Judge H. C. Eberhardt, and the views of the members of the Georgia Bar Association were solicited.

On another occasion the committee met with the Albany, Alapaha, Southern and Tifton Circuit Bar Associations. At this meeting some sixty lawyers of the southwest portion of our State were present. Members of the various Bar Associations included Superior Court Judges, Solicitors and the new President of the Georgia Bar Association. A straw vote was taken from all of the attorneys present and the over whelming majority of all lawyers at that meeting felt that the laws of the State regarding the disciplining, suspending and disbarment of attorneys and the standards of conduct required of attorneys were insufficient at the present time and these attorneys were in agreement that a "State Bar of Georgia" should be created.

The Committee also found that there are 23 organizations in Georgia, from accountants to used car dealers, which have boards or commissions created to supervise the licensing and conduct of persons licensed to practice in their particular trade or profession. These include doctors, dentists, nurses, barbers, hairdressers, real state salesmen, pest control operators and others.
Having studied the existing laws of the State, having met with the Georgia Bar Association and Circuit Bar Associations and having discussed this problem with many lawyers throughout the State, the Committee came to the conclusion that the present laws of the State of Georgia concerning the disbarment, suspending and disciplining of attorneys at law and the standards of conduct required of all attorneys are now and have for some time been inadequate and antiquated. The Committee also found that the overwhelming majority of all lawyers in this State felt that new laws were needed in order to have proper safeguards for the public and at the same time have proper safeguards for practicing attorneys.
Having made this finding, the committee set out to determne and study the laws' of various states of the United States regarding this subject. The service of the Legislative Counsel was obtained and a study made of the laws of the several states pertaining to this subject. Your

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Committee found that 28 states of the Union have an organized bar through which they control the conduct of attorneys.

The Chairman and Secretary of the Committee made arrangements to meet with the president-elect of the Florida Bar Association, Mr. Reginald Williams, who for many years has been active in the Florida State Bar Association on matters dealing with disbarment, suspending and disciplining of attorneys and the standards of conduct required of attorneys at law within the State of Florida. They met with Mr. Williams and Mr. Herschel E. Smith of the Florida and Georgia Bars in Miami, Florida and discussed with them in detail the procedure used in the State of Florida for disciplining attorneys and discussed with these two gentlemen the present laws of the State of Florida regarding the subject. We found that the State of Florida has an organized State Bar to which all lawyers practicing in Florida are required to belong and that this system was created in 1950 and has worked with satisfaction to the public and to the lawyers of the State of Florida. The Committee found that the State of Florida has a Board of Governors within the State Bar Association who are elected by the attorneys of the State which deal with matters pertaining to standards of conduct required of attorneys, the disciplining of attorneys, suspension and disbarment. We found that the State of Florida has adequate safeguards provided for the attorney, allowing him an appeal through the state courts if dissatisfied with the findings of the referee or Board of Governors.

The Committee learned much from this trip to Florida and it helped tremendously in determining what proposals should he incorporated in any Bill pertaining to this subject.

CONCLUSION AND FINDINGS:
The Committee having concluded its study and having obtained the views of many lawyers throughout the State, therefore makes the following findings and recommendations:
1. The present laws of the State of Georgia concerning the standards of conduct required of attorneys at law and the laws pertaining to disciplining, disbarment and suspension of attorneys at law are in adequate.
2. That there should be created a "State Bar of Georgia."
3. That all attorneys at law practicing in the State of Georgia should belong to the "State Bar of Georgia."
4. That a Board of Ethics and Practices be created within the State Bar having proper diciplinary powers over all attorneys licensed to practice law in Georgia.
5. That adequate standards of conduct and ethics required of attorneys be written into state laws.
Your Committee will follow up the recommendations herein by proposing legislation to create the State Bar of Georgia with adequate authority to properly discipline attorneys who violate the code of ethics of the profession.

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219

The Committee expresses grateful appreciation to the officials and staff of the Office of Legislative Counsel for their cooperation, advice and assistance given to this Committee during its study and deliberation.

Respectfully submitted:
/s/ Henry Payton, Chairman, Representative, Coweta County.
/s/ Phil Taylor, Secretary, Representative, Bibb County.
/s/ Jim Hull, Representative, Richmond County.
/s/ John Scarborough, Representative, Crawford County.
/s/ Clarence Vaughn, Jr., Representative, Rockdale County.

By unanimous consent, the following- Resolution was read and adopted:

HR 358. By Mr. Smith of Habersham:
A RESOLUTION
Commending the Georgia Association of Broadcasters; and for other purposes.
WHEREAS, the Georgia Association of Broadcasters is an organi zation of independent radio and television broadcasters, throughout the State of Georgia, who are joined together in a common effort to promote better service to the people of this State, and
WHEREAS, the Association, through its efforts, has created a climate of service in various areas of public life, and particularly in the area of education, and
WHEREAS, the Association has promoted freedom of speech and its use as a necessary and important means of keeping the freedom of men,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this body hereby commends the Georgia Association of Broadcasters for its work in the area of public service for its contributions to free men and to a free society,
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the President of the Georgia Association of Broadcasters.

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Under the General Order of Businesses, the following Bills of the House were taken up for consideration and read the third time:

HB 715. By Mr. Smith of Emanuel:
A Bill repealing Section 75-111 of the Code of Georgia of 1933 pertaining to the firm name of partnerships and the use of names of individuals not actually partners, providing penalties, etc., and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Cox Culpepper Davis

Been Dickus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Johnson Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Killian Killingsworth King Kirkland

Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moore Moorman Morgan Moss Murphy NeSmith Newton Odom Otwell Paris Parker of Screven

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221

Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Pickard Potts Purcell Raulerson Roberts Rogers of Paulding Scarborough Scoggin Shuman Sinclair

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Twitty

Undercofler Underwood Vaughn Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Bynum Funk

Joiner Ware

Those not voting were Messrs.:

Andrews of Stephens Ballard Birdsong Black Bowen of Randolph Brackin Branch Budd Cocke Crawford Crowe Dickey Dorminy Doster Fleming
Floyd Fuqua Greene Hodges

Hurst Jones of Liberty Keyton Kidd Kimmons Lane Logging Melton Moate Morris Mullis Pannell Parker of Ware Payton Phillips of Walton Poole Rainey Rodgers of Charlton Roper

Ross Rowland Rutland Sangster Sheffield Simmons Simpson Singer Smith of Grady Smith of Brantley Taylor of Decatur Todd Tucker Underwood of
Montgomery Waldrop White Wickham Woodward

On the passage of the Bill, the ayes were 144, Nays 4,

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

HB 535. By Messrs. Andrews of Hall, Thornton of Bibb, and many others:
A Bill amending an Act reorganizing the State Department of Law, authorizing the Attorney General to appoint all Assistant Attorneys

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General and other employees of the Law Department, and for other purposes.

The following amendment was read and adopted:

Mr. Andrews of Hall moves to amend H. B. No. 535 as follows:
By striking Section 2 of said Bill in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. 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. All of said Assistant Attorneys General shall be appointed by the Attorney General, except one who shall be appointed by the Governor, and all shall be compensated from the funds appro priated to the State Law Department as shall be fixed by the Attorney General. Such Assistants shall serve at the pleasure of the Attorney General, except that the Assistant appointed by the Governor shall serve at the pleasure of the Governor. The Attorney General shall appoint such clerical help as he deems necessary and fix the compensa tion thereof, unless such compensation is regulated under rules of the State Personnel Board. Such compensation shall be paid from the funds appropriated to the State Law Department. The Attorney General shall assign duties to clerical and other employees.
Said Bill is further amended by renumbering Section 4 as Section 5.
Said Act is further amended by adding thereto a new Section 4 to read as follows:
"Section 4. This Act shall become effective upon the qualification of the Attorney General elected at the General Election, 1962."

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, as amended, the ayes were 106, nays 2.

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

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223

HB 710. By Messrs. Bowen of Randolph, Smith of Grady, and many others:
A Bill amending an Act providing a contingent expense and travel allowance for court reporters, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Brantley Brooks of Oglethorpe Brooks of Pulton Brown Busbee Bynum Caldwell Chandler Collins Cox Crawford Culpepper Davis Deen Dicus Dollar Doster Duncan of P^annin Duncan of Carroll Dunn Eehols Fleming Plexer Floyd Flynt

Fowler Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Howard Hull Hurst Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killian Killingsworth King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt

McClelland McCracken McClutchen McGarity Milhollin Mixon Moate Moore Moorman Morgan Murphy Newton Odom Otwell Paris Parker of Screven Parker of Ware Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson

224

JOURNAL OF THE HOUSE,

Sinclair Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Teague

Thornton Todd Twitty Undercofler Underwood Vaughn Walker Walker of Lowndes Walker of Telfair Ware Watson

Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Ballard Barrett Birdsong Bolton Bozeman Brackin Branch Budd Chance Clark Clarke Cloer Cocke Coker Conner Crowe Dickey

Dorminy Fitzgerald Fordbam Fowler Hill Johnson Jones of Worth Kelly Keyton Kimmons Kirkland Log-gins McDonald Melton Miller Morris Moss Mullis Ne Smith

Pannell Parker of Appling Phillips of Columbia Pickard Rowland Rutland Singer Sniith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Dawson Taylor of Decatur Tucker Underwood of
Montgomery Wilkes Woodward Mr. Speaker

On passage of the Bill, the ayes were 149, nays 0.

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

HE 707. By Mr. Busbee of Dougherty:
A Bill providing for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

MONDAY, JANUARY 15, 1962

225

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bowen of Toombs Boyett Brantley
Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynuni Chance Chandler Clarke Collins Cox Crawford Culpepper Davis Deen Dicus Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Flynt Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Harrell Henderson

Hodges Horton Howard Hull Johnson Joiner Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killian Killingsworth King Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Cloquitt McClelland McCracken McClutchen McDonald Milhollin Miller Mixon Moore Moorman Moss Murphy NeSmith Odom Otwell Paris Parker of Screven Farmer Payton Pelham Phillips of Columbia Phillips of Bibb

Poole

Potts

Purcell

Rainey

Raulerson

Roberts

Rodgers of Charlton

Rogers of Paulding

Roper

Sangster

Scarborough

Scoggin

Sheffield

Shuman

Simmons

Simpson

Sinclair

Smith of Fulton

Smith of Habersham

Steis

Strickland

Stuckey

Tabb

Tamplin

Taylor of Bibb

Teague

Todd

Twitty

Undercofler

Underwood of Taylor

Vaughn

Waldrop

Walker of Lowndes

Walker of Telfair

Ware

Watson

Wells of Peach

Wells of Oconee

Wells of Camden

Wickham

Williams of Coffee

Williams of Hall

Willingham

;

Wilson

Woodward

Young

Those voting in the negative were Messrs.: Coker

226

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Andrews of Stephens Ballard Birdsong Boggs Bolton Bo wen of Randolph Bozeman Brackin Branch Caldwell
Clark of Catoosa Cloer Cocke Conner Crowe Dickey Dorminy Duncan of Carroll Floyd Fordham Fowler of Douglas

Hall of Floyd

Hill

Hurst

Jones of Liberty

Jones of Worth

Kelly

,

Keyton

Kimmons

Kirkland

Lane

Loggins

Lovett

McGarity

Melton

Moate

Morgan

Morris

Mullis

Newton

Pannell

Parker of Ware

Parker of Appling Phillips of Walton Pickard Ross Rowland Rutland Singer Smith of Grady Smith of Brantley Smith of Whitfield
Stevens Story Taylor of Dawson Taylor of Decatur Thornton Tucker Underwood of
Montgomery White Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 142, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
Under the General Order of Business, the following Bills of the House and Senate, were taken up for consideration:

HB 49. By Mr. Walker of Lowndes:
A Bill amending an Act relating to lease and administration of the estates, to make provisions relative to timber, oil, gas and mineral leases, and contracts, and for other purposes.

The following amendment was read and adopted:

Mr. Vaughn of Rockdale moves to amend H. B. No. 49 as follows:
By adding at the end of Section 7, as amended by Section 1 of said bill, the following:
"Provided, however, that the proceeds derived from the sale, lease, or conveyance or encumbrance in any other manner of the trust res

MONDAY, JANUARY 15, 1962

227

as provided for herein shall be held in trust for the exclusive use of the cestui qui use."

The report of the Committee, which was favorable to the passing of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Blalock Bowen of Randolph Boyett Bozeman Brantley Brooks of Pulton Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Cox Culpepper Davis Deen Dollar Duncan of Fannin Duncan of Carroll Fitzgerald Flexer Fordham Fowler of Douglas Funk Fuqua Greene

Hall of Lee Henderson Hill Hodges Howard Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Killian King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Burke Loggins Lokey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity Milhollin Miller Moorman Morgan NeSmith Odom Otwell Paris Parker of Screven

Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Potts Purcell Rainey Roberts Rogers of Paulding
Roper Sangster Scoggin Shuman Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Taylor of Bibb Thornton Tucker Twitty Undercolfer Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Camden Williams of Coffee Young

228

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Brown Caldwell Dunn Echols Flynt Harrell Horton Jordan

Kelly Lewis of Wilkinson McCracken Mixon Moore Murphy Raulerson Scarborough

Simmons Tamplin Teague Ware Wells of Oconee Williams of Hall Willingham Wilson

Those not voting were Messrs.:

Adams Andrews of Stephens Ballard Birdsong Black
Bolton Ro\ven of Toombs Brackin Branch Brooks of Oglethorpe Cocke Coker Conner Crawford Crowe Dickey Dicus Dorminy Doster Fleming Floyd Fowler

Hale Hall of Floyd Hull Jones of Liberty Keadle Keyton
Kidd Killinsworth Kimmons Lane Langford Lovett Lowrey Mackay Melton Moate Morris Moss Mullis Newton Pannell Parker of Ware Payton

Phillips of Walton Pickard Rodgers of Charlton
Ross Rowland Rutland
Sheffield Simpson Singer Smith of Grady Smith of Brantley Stevens Taylor of Dawson Taylor of Decatur
Todd Underwood of
Montgomery
Waldrop White Wiekham Wilkes Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 113, nays 24.

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

HB 154. By Messrs. Brooks and McClelland of Fulton:
A Bill providing for appeals in civil cases without the necessity of moving for a new trial, providing for an alternative method of appeal, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, JANUARY 15, 1962

229

On passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Caldwell Chance Chandler Coker Collins Cox Crawford Culpepper Davis Deen Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee

Hall of Floyd Harrell Henderson Hodges Horton Howard Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McClutchen McDonald Miller Mixon Moate Moore Moorman Morgan Moss Newton Odom Otwell Paris Parker of Screven Parker of Ware

Payton Pelharn Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding
Ross Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Steis Stevens Story Strickland Stuckey Tabb Taylor of Bibb Teague Thornton Todd Twitty Undercofler Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Willingham Wilson Young

230

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Clarke of Monroe Dunn

Hull McGarity

Murphy Woodward

Those not voting were Messrs.:

Adams Andrews of Stephens Barrett Birdsong Bozeman Brackin Branch Budd Clark of Catoosa Cloer Cocke Conner Crowe Dickey Dorminy Fitzgerald Hill

Hurst Jones of Worth Kelly Keyton Kimmons Loggins Lovett Melton Milhollin Morris Mullis NeSmith Pannell Parker of Appling Farmer Phillips of Columbia Phillips of Walton

Pickard Rodgers of Charlton Roper Rowland Rutland Singer Smith of Grady Smith of Whitfield Tamplin Taylor of Dawson Taylor of Decatur Tucker Underwood of
Montgomery Underwood of Taylor Wickham Wilkes

On the passage of the Bill, the ayes were 148, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 62. By Messrs. Undercofler, and Jones of Sumter:
A Bill amending an Act establishing a Minimum Foundation Program of Education in Georgia, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the Vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes Barnett of Baker Baughman

Black Bowen of Randolph Boyett Brooks of Oglethorpe Brooks of Fulton

MONDAY, JANUARY 15, 1962

231

Brown Busbee Bynum Caldwell Chance Clarke Coker Collins Cox Crawford Culpepper Davis Been Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Kidd

Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Mixon Moore Moorman Morgan Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Farmer Payton Pelham Phillips of Columbia Phillips of Bibb Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton

Rogers of Paulding Roper Ross Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Fulton Smith of Habersham Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Decatur Taylor of Bibb Teague Todd Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were messrs.:

Andrews of Stephens Barrett Birdsong Blalock Boggs Bolton Bowen of Toombs Bozeman Brackin

Branch Brantley Budd Chandler Clark of Catoosa Cloer Cocke Conner Crowe

Dickey Dorminy Floyd Fowler of Treutlen Fuqua Hill Horton Jones of Worth Keadle

232
Kelly Keyton Killingsworth Kimmons Kirkland Lee of Clayton Loggins Melton Miller Moate Morris

JOURNAL OF THE HOUSE,

Moss Mullis Newton Pannell Parker of Appling Phillips of Walton Pickard Potts Rowland Rutland Smith of Grady

Smith of Brantley Smith of Whitfield Taylor of Dawson Taylor of Decatur Thornton Tucker Underwood of
Montgomery White Wickham Wilkes

On the passage of the Bill, the ayes were 145, nays 0.

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

Mr. Potts of Coweta stated that he was called from the Hall of the House to confer with constituents, but had he been present for the roll call, he would have voted "Aye" on HB 62.

SB 7. By Senators Mitchell of the 43rd, Overby of the 33rd, and others:
A Bill amending an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees, and for other purposes.

The following amendments were read and adopted:

Messrs. Busbee of Dougherty and Twitty of Mitchell move to amend SB 7 as follows:
By adding in the title before the words, "to repeal conflicting laws", the words, "to provide for a limitation on the amount of emeritus compensation":
By adding a new section to be known as Section 4A to read as follows:
"Section 4A. No chief justice emeritus and no associate justice emeritus shall ever receive more than $12,000. per annum. No judge emeritus of the Court of Appeals shall ever receive more than $12,000. per annum."
Mr. Busbee of Dougherty moves to amend SB 7 by striking the figure "$25,000.00" wherever the same appears in said Bill, and by inserting in lieu thereof the figure "$22,500.00."

MONDAY, JANUARY 15, 1962

233

Mr. Twitty of Mitchell moved the Previous Question and the motion prevailed.

The report of the Committee, which was favorable to the passage of the Billi, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins
Andrews of Hall Barber Barnett of Baker Barrett Baughman Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley
Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Clarke of Monroe Cloer Coker Collins Conner Cox Crawford Culpepper Dicus Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Fowler of Treutlen Fuqua

Greene Hale Hall of Lee Hall of Floyd Harrell Howard Hull Hurst Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Killian Killingsworth King Knight of Laurens Knight of Berrien Langford Lee of Clayton Lewis of Wilkinson Lewis of Bvirke Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Mixon Moate Moore Moorman Morgan Murphy NeSmith Odom Otwell

Pannell
Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Columbia Pickard Poole Potts Purcell Roper Ross Scarborough Scoggin Sheffield Simmons Simpson Sinclair Singer Smith of Fulton Smith of Whitfield Steis Tamplin Taylor of Bibb Teague Thornton Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Williams of Coffee Williams of Hail Willingham Wilson Young

234

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Abney Adams Arnsdorff Barnett of Wilkes Davis Deen Dollar Pordham Punk Henderson Hill Horton Johnson

Kelly Kirkland Lane Lee of Clinch Lovett Massee Matthews of Colquitt Miller Morris Moss Mullis Newton Phillips of Bibb

Raulerson Roberts Rogers of Paulding Sangster Shuman Smith of Brantley Smith of Habersham Story Strickland Stuckey Tabb Woodward

Those not voting were Messrs.:

Andrews of Stephens Ballard Birdsong Bolton Brackin Chandler Clark of Catoosa
Coeke Crowe Dickey Dorminy Flynt

Fowler of Douglas Hodges Joiner Keyton Kidd Kimmons Loggins Parker of Ware Phillips of Walton Rainey Rodgers of Charlton Rowland

Rutland Smith of Grady Taylor of Dawson Taylor of Decatur Todd Underwood of
Montgomery Waldrop White Wickham Wilkes

On the passage of the Bill, as amended, the ayes were 129, nays 41.

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

Mr. Taylor of Dawson stated that he was called from the Hall of the House to confer with constituents, but had he been present for the roll call, he would have voted "Aye" on SB 7.

JOINT SESSION

The hour of 12:00 noon having arrived, under the provisions of HR 321 adopted by the House and Senate, the Senate, appeared upon the floor of the House; and the General Assembly convened in Joint Session for the purpose of electing a member of the State Highway Board from the Southern State High way District.

MONDAY, JANUARY 15, 1962

235

The President of the Senate called the Joint Session to order.

The Secretary of the Senate read the Resolution providing for the Joint Session.

The President announced that the General Assembly was now ready to receive nominations for a member of the State Highway Board of Georgia from the Southern State Highway District.

Mr. Twitty of Mitchell placed in nomination the name of Honorable James L. Gillis.

Messrs. Lovett of Laurens, Hale of Dade, Parker of Appling and Senators Grayson of the 1st and Peterson of the 15th seconded the nomination of Honor able James L. Gillis.

Mr. Twitty of Mitchell moved that the nominations be closed, and the motion prevailed.

HR 365-JR 3. By Mr. Twitty of Mitchell:
A RESOLUTION
Relative to the election of a member of the State Highway Board from the Southern State Highway District; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA IN JOINT SESSION ASSEMBLED that Honorable James L. Gillis, Sr., of Treutlen County, is hereby elected and declared to be a member of the State Highway Board of Georgia from the Southern State High way District, to serve a full six year term, ending February 8, 1968.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to his Excellency the Governor, and to the Secretary of State, and said Honorable James L. Gillis, Sr., be commissioned as a member of the State Highway Board of Georgia from the Southern State High way District, for a full six year term, ending February 8, 1968.

Mr. Twitty of Mitchell asked unanimous consent that the Secretary be di rected to cast the vote of the entire membership present of the General Assembly for the adoption of the Resolution.

The unanimous consent was granted and the Resolution was adopted.

236

JOURNAL OF THE HOUSE,

The President declared that Honorable James L. Gillis was elected as a member of the State Highway Board from the Southern State Highway District for a six year term.

The president appointed as a Committee to notify Honorable James L. Gillis of his election to the State Highway Board, the following members of the General Assembly:

Representatives Twitty of Mitchell, Newton of Colquitt, Undercofler of Sumter, Stuckey of Dodge, Senators Knox of the 54th, Perry of the 49th, Claxton of the 21st, and Owens of the 32nd.

Mr. Twitty of Mitchell moved that the Joint Session be now dissolved and the motion prevailed.

The President announced the Joint Session dissolved.

The Speaker called the House to order.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 A.M., tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock a.m. tomorrow morning.

TUESDAY, JANUARY 16, 1962

237

Representative Hall, Atlanta, Georgia Tuesday, January 16, 1962.

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.

Reverend Pledger W. Parker of Swainsboro offered the following Prayer:
0 God in Heaven, we behold evil all about us and within us. Save us from accepting it as inevitable; save us from contentment in sharing
the guilt. Bring us in this moment to sincere repentance; forgive us our sins.
Let thy divine inspiration sweep across this house and thy still small voice speak clearly to each person in relation to his duty.
May this day be characterized by courageous action and noble victory.
In Christ's name, we pray. Amend.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills.

238

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 743. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to provide for a prohibition against re ceiving certain funds by certain retired State officials and Emeritus officials; and for other purposes.
Referred to the Committee on State of Republic.

HB 744. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to consolidate the laws chartering the City of Wadley in the County of Jefferson; to provide for the corporate limits of said city, and for other purposes.
Referred to the Committee on Local Affairs.

HB 745. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Southern Interstate Nuclear Compact", and for other purposes.
Referred to the Committee on State of Republic.

HB 746. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Unadilla, so as to empower governing authorities to close, abandon and vacate a certain alley in said City, and for other purposes.
Referred to the Committee on Local Affairs.

HB 747. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Ordinary of Muscogee County, and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 16, 1962

239

HB 748. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Sheriff of Muscogee County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 749. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the offices of tax-receiver and tax-collector of Muscogee County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 750. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Clerk of the Superior Court of Muscogee County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 751. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Municipal court of Columbus, and for other purposes.
Referred to the Committee on Local Affairs.

HB 752. By Mr. Dicus of Muscogee:
A Bill to be entitled an Act to amend the Juvenile Court Act in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 753. By Messrs. Dicus of Muscogee, Knight of Berrien, Thornton of Bibb, Steis of Harris and Jones of Liberty:
A Bill to be entitled an Act to repeal an Act relating to the definition of the practice of Law, and for other purposes.
Referred to the Committee on Judiciary.
HB 754. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to amend an Act relating to the grounds that are sufficient to authorize the granting of a total divorce, so as to change the time an insane person shall be confined to an institution immediately preceding the commencement of a divorce action; and for other purposes.
Referred to the Committee on Judiciary.

240

JOURNAL OF THE HOUSE,

HB 755. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act so as to provide that representatives of estates shall be deemed to have collected certain funds which are required by law to be withheld by the person paying the same for tax purposes, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 359-755. By Messrs. Pickard, Wickham and Dicus of Muscogee: A Resolution designating the new bridge over the Chattahoochee River at Columbus, Georgia as the "General James Edward Oglethorpe Bridge", and for other purposes.
Referred to the Committee on Highways.
HR 360-755. By Mr. Pelham of Schley: A Resolution proposing an amendment to the Constitution so as to create the Schley County Development Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 361-755. By Mr. Smith of Emanuel:
A Resolution to compensate Derst Baking Company, and for other purposes.
Referred to the Committee on Appropriations.

HR 362-755. By Mr. Harrell of Fayette: A Resolution to compensate Derst Baking Company, and for other
Referred to the Committee on Appropriations.

HB 756. By Messrs. Brooks, McClelland and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to a civil service system, and for other purposes.
Referred to the Committee on Local Affairs.

HB 757. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the office of Alderman or President

TUESDAY, JANUARY 16, 1962

241

of the Board of Aldermen and vacancies occurring therein, and for other purposes.
Referred to the Committee on Local Affairs.

HB 758. By Messrs. Brooks, McClelland and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to annexation of territory, and for other purposes.
Referred to the Committee on Local Affairs.

HB 759. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to regulate primary elec tions in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 760. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act establishing a new charter for the City of Atlanta relating to the qualifications of the Mayor, and for other purposes.
Referred to the Committee on Local Affairs.

HB 761. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act defining Gross Income so as to provide that amounts received as pensions from the Government of the United States, any state of the United States, or any political subdivision of Georgia shall be exempt from taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HB 762. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to a vacancy in the office of the Mayor, and for other purposes.
Referred to the Committee on Local Affairs.

HB 763. By Messrs. Brooks, McClelland and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to make provisions for the coverage of certain officers and employees of political subdivisions

242

JOURNAL OF THE HOUSE,

of the State under the Old-age and Survivors Insurance Provisions, and for other purposes.
Referred to the Committee on Education.

HR 363-763. By Messrs. Brooks, McClelland and M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize the issuance of Revenue Anticipation Certificates, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 364-763. By Messrs. Brooks, McClelland and M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize any county, municipal corporation or political subdivision of the State to issue and to sell revenue bonds, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 764. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend a Charter of the City of Covington; to incorporate and to grant a new charter to the City of Covington, and for other purposes.
Referred to the Committee on Local Affairs.

HB 765. By Messrs. Sinclair of Macon and Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to the creation of the State Board of Medical Examiners; to change the amount of license fees; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 766. By Mr. Odom of Dougherty:
A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act," so as to provide for a requirement of posting bond; to provide for service of process upon small loan companies; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 366-766. By Mr. Sinclair of Macon:
A Resolution proposing an amendment to the Constitution so as to create the Macon County Industrial Building Authority; to provide for

TUESDAY, JANUARY 16, 1962

243

powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 367-766. By Mr. Fowler of Douglas:
A Resolution authorizing the placing of a Monument at Vicksburg, Mississippi, identical to the Georgia Monument placed at Gettysburg and Antietam, and for other purposes.
Referred to the Committee on Appropriations.

HR 368-766. By Mr. Fowler of Douglas:
A Resolution relative to the monument to honor the last Confederate Veteran, and for other purposes.
Referred to the Committee on Appropriations.

HR 369-766. By Mr. Fowler of Douglas:
A Resolution relating to the placing of four busts of Chief Justices in the State Judicial Building, and for other purposes.
Referred to the Committee on Appropriations.

HB 767. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Hospital Authorities Law, so as to provide that Hospital Authorities shall be exempt from Taxation, the same as Municipalities and Counties, and for other purposes.
Referred to the Committee on State of Republic.

HB 768. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to provide for a point system for evaluation of operating records of driver licenses and determination of their con tinuing qualifications for maintaining a license to operate a motor vehicle, and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 370-768. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to create a new State Game and Fish Commission, and for other purposes.
Referred to the Committee on State of Republic.

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HR 371-768. By Messrs. Kidd of Baldwin and Thornton of Bibb:
A Resolution proposing an amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Gov ernor's veto; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 372-768. By Mr. Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a body corporate and politic for each of the several municipalities and counties of this State which shall be known as a development authority, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 373-768. By Mr. Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to create the Emanuel County Development Authority, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 769. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act pertaining to the sale of county owned property, so as to provide that said Act shall not apply to the sale of any real property belonging to any county in this State where the property was by the property governing authority of the county advertised for ten consecutive days in the newspaper in which the Sheriff's advertisements are published, and for other purposes.
Referred to the Committee on State of Republic.

HB 770. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the State Revenue Commissioner, so as to provide for the creating of the office, appointment, term, salary, bond and oath, and for other purposes.
Referred to the Committee on State of Republic.

HB 771. By Mr. Story of Gwinnett:
A Bill to be entitled an Act providing that Emeritus Officers shall receive an annual salary equal to two-thirds of the salary as provided by law for the respective offices from which said Emeritus officers have retired at the time of the appointment to an Emeritus position

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245

or $12,000.00 per annum whichever shall be the less amount, and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HR 344-735. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to create a Board of Commissioners of the Department of Commerce, and for other purposes.

HR 345-735. By Mr. McClelland of Fulton:
A Resolution to compensate Mr. Robert E. Weinmeister, and for other purposes.

HR 346-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Bernard Smith and Mrs. Blanche Car penter, and for other purposes.

HR 347-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Henry A. Pendley, and for other purposes.

HR 348-735. By Mr. McClelland of Fulton: A Resolution compensating Mr. R. P. Packard, and for other purposes.

HB 736. By Messrs. Cox of Clarke, Smith of Grady and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act known as the "University System Building Authority Act", so as to authorize an extension of the date of maturity for Student Housing Revenue Bonds; and for other purposes.

HB 737. By Messrs. Underwood of Montgomery, Busbee and Odom of Dougherty:
A Bill to be entitled an Act to prescribe the terms on which proceedings now pending, or hereafter instituted, under the statutes of this State involving the exercise of the power of eminent domain may be dis-

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missed and to authorize such dismissal on these terms; and for other purposes.

HR 349-737. By Mr. Hurst of Quitman:
A Resolution to designate a State Highway as the S. Ernest Vandiver Causeway; and for other purposes.

HB 738. By Messrs. Busbee of Dougherty, Twitty of Mitchell, Miller of Elbert, Smith of Emanuel, Sinclair of Macon, and others:
A Bill to be entitled an Act to amend an Act establishing the qualifi cations of members of the County Boards of Education, so as to provide for the abandonment of the militia district as the geographical basis for representation on a local school board; and for other purposes.

HB 739. By Mr. Langford of Warren:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues of Warren County, relating to compensation of the Commissioner and Clerk, and for other purposes.

HB 740. By Mr. Langford of Warren:
A Bill to be entitled an Act to amend an Act to create a County Treasu rer for the County of Warren, and for other purposes.

HB 741. By Messrs. Adams of Polk, Rogers of Paulding, Kidd of Baldwin, Lowrey of Floyd, Roberts of Jones and others:
A Bill to be entitled an Act to provide that all personnel of the Georgia State Highway maintenance crew shall be compensated not less than at a minimum rate of $1.00 per hour, and for other purposes.

HR 353-741. By Messrs. Story of Gwinnett, Busbee of Dougherty, Sinclair of Macon, Fowler of Treutlen, Matthews of Clarke and others:
A Resolution proposing an amendment to the Constitution so as to provide that Superintendent of Schools for each system be appointed by members of local school board, and for other purposes.

HR 354-741. By Mr. Ware of Troup: A Resolution to compensate Mr. M. A. Teal, and for other purposes.

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247

HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Brown of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau, so as to create a new Budget Bureau, and for other purposes.

HR 356-742. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Resolution proposing an amendment to the Constitution so as to provide for appropriation control; to provide for the biennial prepara tion, submission and enactment of a General Appropriation Bill; to fix the times for the meeting of the General Assembly to give better oppor tunity for study of fiscal matters; and for other purposes.

HR 357-742. By Mr. Rodgers of Charlton:
A Resolution compensating James Vester Yeomans, and for other purposes.

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 742. Do Pass, as Amended. HR 356-742. Do Pass, as Amended.
Respectfully submitted, Smith of Grady, Chairman.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the

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following Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 727. Do Pass. Respectfully submitted, Barber of Jackson, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 709. Do Pass. HB 716. Do Pass. HB 717. Do Pass. HB 720. Do Pass. HB 721. Do Pass. HB 722. Do Pass. HB 726. Do Pass. HB 729. Do Pass. HB 733. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 714. Do Pass. HB 243. Do Pass.

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249

HB 7. Do Not Pass. HB 8. Do Not Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 728. Do Pass. Respectfully submitted, Duncan of Carroll, Chairman.

By unanimous consent, the following Resolution of the House was read and adopted:

HR 374. By Mr. Smith of Emanuel:
A RESOLUTION
Extending congratulations on the birth of Frank S. Twitty III.
WHEREAS, Frank S. Twitty III was born January 14, 1962, at 6:00 A. M. in the Mitchell County Hospital, and
WHEREAS, Frank S. Twitty, Jr., and Mrs. Twitty, the former Patricia Snelson, are his parents, and his grandparents are the Honor able Frank S. Twitty, Sr., our distinguished floor leader and the charm ing Mrs. Frank S. Twitty, Sr., and
WHEREAS, this is the fifth grandchild for the floor leader, but it seems destined to be the favorite inasmuch as he has been designated to carry on the illustratious name of Frank S. Twitty, and
WHEREAS, the members of this body are most pleased and de lighted at the good fortune of the floor leader and Mrs. Twitty and their son and daughter-in-law;

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NOW, THEREFORE BE IT RESOLVED by the House of Repre sentatives that sincerest congratulations are hereby offered to Mr. and Mrs. Frank S. Twitty, Jr. upon the birth of their son and to Honorable and Mrs. Frank S. Twitty, Sr., upon having a grandson with such a dis tinguished name, and best wishes for a most successful future are hereby extended to Frank S. Twitty III.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:

HR 337. By Messrs. Pannell of Murray, Bowen of Randolph, Wilkes of Cook and others:
A Resolution commending Mr. Jim Andrews from Stephens County for being named Georgia's Merchant of the Year by the Southeastern Men's and Boy's Apparel Club; and for other purposes.

HR 350. By Mr. Smith of Emanuel:
Expressing appreciation to Hon. Ivan Alien, Jr., and the City of Atlanta; and for other purposes.

HR 351. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to Hon. J. W. Hughes, Hon. R. W. Smith and the Southeastern Stages Bus Co.; and for other purposes.

HR 352. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to Major General Geo. J. Hearn; and for other purposes.

HR 355. By Mr. Harry Mixon of Irwin:
A Resolution to congratulate and honor Judge James Whitley, Ordinary of Irwin County; to provide for an appropriate certificate from the State of Georgia to be prepared by the Secretary of the State of Georgia; and for other purposes.

TUESDAY, JANUARY 16, 1962

251

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 709. By Messrs. Twitty and Collins of Mitchell:
A Bill amending the Act creating a Small Claims Court in counties of a certain population and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 716. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill amending the Act providing for the collection of costs of Clerks of the Superior Courts in counties having a certain population and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 717. By Mr. Keadle of Lamar:
A Bill amending the Charter of the City of Barnesville so as to extend the corporate limits of the City of Barnesville to include therein a tract of land presently owned by said City, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 720. By Messrs. Undercofler and Jones of Sumter:
A Bill to be entitled an Act to amend an Act establishing the City Court of Americus, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 721. By Messrs. Undercofler and Jones of Sumter:
A Bill to be entitled an Act to amend an Act establishing the City Court of Americus, so as to provide for a change in the salary of the Judge of the City Court of Americus, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 722. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend the charter of Shellman, Georgia, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 16, 1962

253

HB 726. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

The Bill, having received the requisite constitutional majority, was passed,

HB 729. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act revising the charter for the City of Fitzgerald, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 733. By Messrs. Bozeman and Keyton of Thomas: A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Underwood of Montgomery moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

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Representative Hall, Atlanta, Georgia Wednesday, January 17, 1962.

The House met pursuant to adjournment at 10:00 o'clock A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Pledger W. Parker of Swainsboro, Ga.:
Our Heavenly Father, help us to confront wisely the tests to which we are put day by day. Help us to see the trickery of evil and the wisdom of holding to the truth.
Let us gladly render unto our state the creative leadership and devoted service which it needs, but grant that we shall faithfully re serve due reverence and fidelity for the religious heritage which is the foundation of true greatness.
In Jesus' name. Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

WEDNESDAY, JANUARY 17, 1962

255

By unanimous consent, the following Bill and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 772. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

HR 375-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; and for other purposes.
Referred to the Committee on Appropriations.

HR 376-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Resolution proposing an amendment to the Constitution so as to provide for appropriation control; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 743. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to provide for a prohibition against re ceiving certain funds by certain retired State officials and Emeritus officials; and for other purposes.

HB 744. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to consolidate the laws chartering the City of Wadley in the County of Jefferson; to provide for the corporate limits of said city, and for other purposes.

HB 745. By Messrs. Twitty of Mitchell and Smith of Emanuel: A Bill to be entitled an Act to provide that the State of Georgia shall

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be a party to the "Southern Interstate Nuclear Compact", and for other purposes.

HB 746. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Unadilla, so as to empower governing authorities to close, abandon and vacate a certain alley in said City, and for other purposes.

HB 747. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Ordinary of Muscogee County, and for other purposes.

HB 748. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Sheriff of Muscogee County, and for other purposes.

HB 749. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the offices of tax-receiver and tax-collector of Muscogee County, and for other pur poses.

HB 750. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Clerk of the Superior Court of Muscogee County, and for other purposes.

HB 751. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the Municipal Court of Columbus, and for other purposes.

HB 752. By Mr. Dicus of Muscogee:
A Bill to be entitled an Act to amend the Juvenile Court Act in certain counties, and for other purposes.

HB 753. By Messrs. Dicus of Muscogee, Knight of Berrien, Thornton of Bibb, Steis of Harris and Jones of Liberty:
A Bill to be entitled an Act to repeal an Act relating to the definition of Law, and for other purposes.

WEDNESDAY, JANUARY 17, 1962

257

HB 754. By Messrs. Dunean and Waldrop of Carroll:
A Bill to be entitled an Act to amend an Act relating to the grounds that are sufficient to authorize the granting of a total divorce, so as to change the time an insane person shall be confined to an institution immediately preceding the commencement of a divorce action; and for other purposes.

HB 755. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act so as to provide that representatives of estates shall be deemed to have collected certain funds which are required by law to be withheld by the person paying the same for tax purposes, and for other purposes.

HR 359-755. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Resolution designating the new bridge over the Chattahoochee River at Columbus, Georgia as the "General James Oglethorpe Bridge", and for other purposes.

HR 360-755. By Mr. Pelham of Schley:
A Resolution proposing an amendment to the Constitution so as to create the Schley County Development Authority; and for other pur poses.

HR 361-755. By Mr. Smith of Emanuel:
A Resolution to compensate Derst Baking Company, and for other purposes.

HR 362-755. By Mr. Harrell of Payette: A Resolution compensating Mrs. Jim Pollard, and for other purposes.
HB 756. By Messrs. Brooks, McClelland and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to a civil service system, and for other purposes.
HB 757. By Messrs. Brooks, M. Smith and McClelland of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the office of Alderman or President of the Board of Aldermen and vacancies occurring therein, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 758. By Messrs. Brooks, McClelland and M. Smith of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to annexation of territory, and for other purposes.

HB 759. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to regulate primary elec tions in certain counties, and for other purposes.

HB 760. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act establishing a new charter for the City of Atlanta relating to the qualifications of the Mayor, and for other purposes.

HB 761. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act defining Gross Income so as to provide that amounts received as pensions from the Govern ment of the United States, any state of the United States, or any political subdivision of Georgia shall be exempt from taxation; and for other purposes.

HB 762. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to a vacancy in the office of the Mayor, and for other purposes.

HB 763. By Messrs. Brooks, McClelland and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the Old-age and Survivors Insurance Provisions, and for other purposes.

HR 363-763. By Messrs. Brooks, McClelland and M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize the issuance of Revenue Anticipation Certificates, and for other purposes.

HR 364-763. By Messrs. Brooks, McClelland and M. Smith of Fulton: A Resolution proposing an amendment to the Constitution so as to

WEDNESDAY, JANUARY 17, 1962

259

authorize any county, municipal corporation or political subdivision of the State to issue and to sell revenue bonds, and for other purposes.

HB 764. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend a Charter of the City of Covington; to incorporate and to grant a new charter to the City of Covington, and for other purposes.

HB 765. By Messrs. Sinclair of Macon and Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to the creation of the State Board of Medical Examiners; to change the amount of license fees; and for other purposes.

HB 766. By Mr. Odom of Dougherty:
A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act," so as to provide for a requirement of posting bond; to provide for service of process upon small loan companies; and for other purposes.

HR 366-766. By Mr. Sinclair of Macon:
A Resolution proposing an amendment to the Constitution so as to create the Macon County Industrial Building Authority; to provide for powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.

HR 367-766. By Mr. Fowler of Douglas:
A Resolution authorizing the placing of a Monument at Vicksburg, Mississippi, identical to the Georgia Monument placed at Gettysburg and Antietam, and for other purposes.

HR 368-766. By Mr. Fowler of Douglas:
A Resolution relative to the monument to honor the last Confederate Veteran, and for other purposes.

HR 369-766. By Mr. Fowler of Douglas:
A Resolution relating to the placing of four busts of Chief Justices in the State Judicial Building, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 767. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Hospital Authorities Law, so as to provide that Hospital Authorities shall be exempt from Taxation, the same as Municipalities and Counties, and for other purposes.

HB 768. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to provide for a point system for evaluation of operating records of driver licenses and determination of their con tinuing qualifications for maintaining a license to operate a motor vehicle, and for other purposes.

HR 370-768. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution so as to create a new State Game and Fish Commission, and for other purposes.

HR 371-768. By Messrs. Kidd of Baldwin and Thornton of Bibb:
A Resolution proposing an amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Gov ernor's veto; and for other purposes.

HR 372-768. By Mr. Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a body corporate and politic for each of the several municipalities and counties of this State which shall be known as a development authority, and for other purposes.

HR 373-768. By Mr. Smith of Emanuel:
A Resolution proposing an amendment to the Constitution so as to create the Emanuel County Development Authority, and for other purposes.

HB 769. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act pertaining to the sale of county owned property, so as to provide that said Act shall not apply to the sale of any real property belonging to any county in this State where the property was by the property governing authority of the county advertised for ten consecutive days in the newspaper in which the Sheriff's advertisements are published, and for other purposes.

WEDNESDAY, JANUARY 17, 1962

261

HB 770. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the State Revenue Commissioner, so as to provide for the creating of the office, appointment, term, salary, bond and oath, and for other purposes.

HB 771. By Mr. Story of Gwinnett:
A Bill to be entitled an Act providing that Emeritus Officers shall receive an annual salary equal to two-thirds of the salary as provided by law for the respective offices from which said Emeritus officers have retired at the time of the appointment to an Emeritus position or $12,000.00 per annum whichever shall be the less amount, and for other purposes.

The following Interim Committee report was received:
A SUMMARY to the members of the General Assembly discussing the circumstances which led to the enactment in the 1961 Session of the General Assembly of the Tuition Grant Law, approved January 31, 1961 (Ga. Laws 1961, p. 35), and the subsequent appointment of a Education Rights Committee to study how said Act may be made more effective and the findings, comments and recommendations of said Sub committee.
PART I--CIRCUMSTANCES SURROUNDING THE ENACTMENT OF THE TUITION GRANT LAW.
In the 1961 Session of the General Assembly, Governor Vandiver promised to the General Assembly the embarkation of his administra tion upon a course of action designed to protect the constitutional guarantees of freedom of choice and freedom of association possessed by the school children of Georgia. At the Governor's request the General Assembly repealed the segregation laws, however, the forced compulsory school attendance laws were left intact. The General Assembly then proceeded to enact legislation recommended by the administration re lating to the public schools. Included in this school law package was a Tuition Grant Act passed with the intention of guaranteeing freedom of choice and association to the school children of Georgia. The General Assembly recessed for two weeks in the 1961 Session and during that recess the educators and administrators of local educational units conducted meetings and discussed the present school problems with their respective representatives to the General Assembly. In many of these meetings sincere educators urged their representatives to give their highest consideration, in their efforts to properly fulfill their respon sibilities, to retaining as much of the Compulsory School Attendance Law as possible. The General Assembly reconvened and legislation was immediately introduced in the Senate and enacted providing that the compulsory school attendance requirement remain effective in every school and county in Georgia except in a county where integration of the races was voluntarily or by judicial degree accomplished. The forces backing integration and the Atlanta Papers vigorously opposed

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this legislation. The Atlanta Papers editorially and otherwise, pre sented the false impression that the General Assembly intended to repeal the Compulsory School Attendance Law. Minority pressure groups immediately began to agitate in opposition to the legislation enacted in the Senate, and referred to above, whereupon the House Education Committee postponed action on said legislation thereby leaving it in Committee where it presently remains. The Senate re solved to create the Educational Rights Committee composed of five members of the Senate Education Committee to study problems which might arise regarding the integration of the public schools and to seek a facile solution.

PART II--FINDINGS AND COMMENTS OF THE SENATE EDUCATIONAL RIGHTS COMMITTEE.
The Committee in the interim between the 1961 Session of the General Assembly and the present Session has visited several southern states which have school integration problems similar to those in Georgia. The Committee dicussed the problems with Attorney Generals and school officials of these states. The Committee concentrated its study on the Tuition Grant Law of Virginia because the problems en countered in Virginia in this area very closely resemble the problems in Georgia. The Committee has found that Virginia has a Tuition Grant Law second to none in effectiveness. The Committee has also found that Virginia's Act, now well into its third year, is working successfully, backed by the overwhelming support of the people. Vir ginia has placed the enforcement and administration of the Compulsory School Attendance Law under the jurisdiction of local school boards with the provision that the local school boards, or any one local school board, may suspend the enforcement and administration of the Compulsory School Attendance Law in its area of jurisdiction. Providing the local school boards with the discretion as to whether or not they should maintain the administration and enforcement of the Compulsory School Attendance Law was Virginia's method of allowing the local school boards to adjust to local conditions. This is a reasonable and fair method because it leaves to local units the power to deal with local problems with which they are, of course, most familiar. Based on the above findings, the Committee has recommended that the Compulsory School Attendance Law and the Tuition Grant Law both be amended so as to coincide with the Virginia Acts for the following reasons:
As to the Compulsory School Attendance Law:
(a) Many prominent lawyers are of the opinion that the present Compulsory School Attendance Law might be ruled unconstitutional in the event it were contested in court.
(b) That the Compulsory School Attendance Law as it now stands will be brought into the courts at an early date, in the event that it is left intact, to continue forcing the mixed attendance of the races in the public schools.
(c) Regardless of what the counties may or may not do, the sup port now of the recommended change in the present Compulsory School

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Attendance Law will almost certainly block the outright repeal of the law under less calm conditions.

As to the Tuition Grant Law:

Due to pressure by integrationist groups and the Atlanta Papers, endeavors to deny any freedom of choice and association to any child in Georgia have been successful. The law as it now stands offers a fertile ground for such pressure because of its ambiguity as to what amounts are to be paid for each child and because of the fact that school children may receive the grants to attend only private nonsectarian schools. They should be allowed to obtain tuition grants to attend also public schools without the district of the local school system in which they are attending school. The sum total is that since the Tuition Grant Law as it presently stands does not lend itself to efficient administration the children of Georgia are being denied, and will be denied, freedom of choice and freedom of association if the Act is maintained in its present form.

PART III--CONCLUSION
The so called leaders of the pressure groups that have a finger in the pie and have an ax to grind along with the Atlanta integrationists have blocked the efforts of the people and their representatives in their efforts to solve a difficult problem in the proper manner. The Atlanta Papers, the integrationists and minority pressure groups realize that they will lose their power to control any law when the law is placed in the hands of the local units. Therefore, these groups may be relied upon to work together and to continue fighting to keep the Compulsory School Attendance Law in Atlanta and under their control. These same agitators may be relied upon to extend every effort to successfully enact amendments to the Tuition Grant Law that would further weaken that already weak and unimplemented Act.
Will the present members of the General Assembly risk adjourn ment before amending the forced Compulsory School Attendance Law and the confused, unstable and unimplemented Tuition Grant Law?
Will the General Assembly leave our public schools and school children facing uncertanity as to the course of action this State will follow in future crises ?
Such uncertainty would surely jeopardize the public education of this State. This result will be realized if we fail to follow the Virginia Laws and the Virginia Program which has proven successful to the maintenance of the public schools and satisfactory to the school children and to the people of Virginia.
Virginia in seeking to solve the problems in education produced by various court decisions of the past several years has paid a con siderable price, blazing a trail which finally ended in a satisfactory central solution. Virginia's solution is one so pleasing to the voters of Virginia that they recently by an overwhelming and one sided vote

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elected a Governor who was wholly committed to the freedom of choice school plan. So committed to the principle of individual freedom of association which in reality is a central concept of the Virginia solution is the Virginia Governor that he has proposed to the electorate of Virginia an amendment to the Constitution of that State which insures forever that freedom.
EDUCATION RIGHTS COMMITTEE
Dan F. Hart, Chairman Senator, 53rd District

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary of the House, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 274. Do Pass, as Amended. Respectfully submitted, Bolton of Spalding, Chairman.

By uaninomus consent, the following Resolutions were read and adopted:

HR 390. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Paying tribute to the Mayors and other municipal officials and employees; and for other purposes.
WHEREAS, the municipalities of Georgia through their elected officials have been entrusted with the responsibility of protecting life and property and securing the genera! welfare of a majority of the citizens of our State; and
WHEREAS, the complexity of local municipal government is coninuously increasing with rising population and the challenge to provide adequate, modern municipal services; and,
WHEREAS, our municipal officials in working for better municipal government are contributing toward the progress of the entire State; and,

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WHEREAS, the greatness of our municipalities is a reflection of the unselfish dedication and tireless efforts of the thousands of munici pal officials and employees who daily give of their time and talents to improve municipal government within our great State; and,

WHEREAS, His Excellency, Governor S. Ernest Vandiver, has proclaimed January 17, 1962 as "GEORGIA MAYORS' DAY",

NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that this body join with the Governor and the citizens of Georgia on this Mayors' Day in honoring and paying tribute to our Mayors, and municipal officials and employees.

HR 391. By Mr. Fowler of Douglas:
A RESOLUTION
Requesting the Board of Regents to renovate and construct certain building-s at the University of Georgia; and for other purposes.
WHEREAS, Conner Hall is the center of the College of Agriculture at the University of Georgia, and is in an exteremely run down condi tion, and
WHEREAS, there is an urgent need to provide a building at the University of Georgia to be used for agricultural engineering purposes, and
WHEREAS, the renovation of Conner Hall and the construction of an agricultural engineering building would be of immeasurable benefit, not only to the College of Agriculture at the University, but to the entire University and to the State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents is hereby re quested and urged to provide the necessary funds for the purpose of renovating Conner Hall at the University of Georgia, and for the pur pose of constructing an agricultural engineering building at the Uni versity. The members of this body feel that these two projects deserve top priority and the Board is requested to proceed as quickly as possible to fulfill the purposes of this Resolution.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Chairman of the Board of Regents, the Chancellor of the University System, and to the Governor.

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HR 392. By Mr. Smith of Emanuel:

A RESOLUTION

Expressing regrets at the passing of Honorable J. M. C. Townsend; and for other purposes.

WHEREAS, Honorable J. M. C. Townsend, Judge of the Court of Appeals, has passed away since the last meeting of this Body; and

WHEREAS, he was born in Dade County on November 30, 1899; and

WHEREAS, he began the practice of law in Dade County in 1923, and served as a member of the House of Representatives from Dade County for several terms; and

WHEREAS, he was Judge of the Cherokee Superior Court Judicial Circuit and resigned to accept appointment as Judge of the Court of Appeals in which position he served until his untimely death; and

WHEREAS, he was an outstanding Attorney and Judge and ren dered invaluable service to the citizens of his Community and to his State;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby expressed on the passing of Judge of the Court of Appeals of Georgia, Honorable J. M. C. Townsend, and deepest sympathy is hereby extended to the members of his Family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Family of Honorable J. M. C. Townsend.

HR 393. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing regrets at the passing of Honorable William Franklin Jenkins; and for other purposes.
WHEREAS, Honorable William Franklin Jenkins, Chief Justice Emeritus of the Supreme Court of Georgia, passed away since the last meeting of this Body; and
WHEREAS, he was born in 1876 in Webster County; and
WHEREAS, he attended the University of Virginia and received

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a Law Degree from the University of Georgia and began the practice of law in Eatonton, Georgia in 1896; and

WHEREAS, he compiled a lifetime of honors and rendered out standing service to his State; and

WHEREAS, he was a member of the House of Representatives from Putnam County, Judge of the Court of Appeals, Presiding Judge of the Court of Appeals, Associate Justice of the Supreme Court of Georgia, Presiding Justice of the Supreme Court of Georgia, and Chief Justice of the Supreme Court of Georgia until his appointment as Chief Justice Emeritus in 1948;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby expressed on the passing of Chief Justice Emeritus of the Supreme Court of Georgia, William Franklin Jenkins, and deepest sympathy is hereby extended to the members of his Family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Family of Honorable William Franklin Jenkins.

HR 394. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing regrets at the passing of Honorable I. Homer Sutton; and for other purposes.
WHEREAS, Honorable I. Homer Sutton, Justice Emeritus of the Supreme Court of Georgia, passed away since the last meeting of this Body; and
WHEREAS, he was born in Hiawassee, Georgia in Towns County on October 22, 1882; and
WHEREAS, he was admitted to the practice of law in June of 1906, and engaged in the practice of law for many years in Clarkesville, Georgia; and
WHEREAS, he was Mayor of Clarkesville, Judge of the North eastern Judicial Circuit, Judge of the Court of Appeals, Presiding Judge of the Court of Appeals, Chief Judge of the Court of Appeals, and Asso ciate Justice of the Supreme Court until accepting appointment as Justice Emeritus of the Supreme Court in 1954; and
WHEREAS, he rendered outstanding service to his Community and his State, and his passing is a great loss to the citizens of Georgia;

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby expressed on the passing of Justice Emeritus of the Supreme Court of Georgia, I. Homer Sutton, and deepest sympathy is hereby extended to the members of his Family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Family of Honorable I. Homer Sutton.

HR 395. By Mr. Smith of Emanuel:
A RESOLUTION
To wish a speedy recovery to Mrs. Cornelius L. Hamilton; and for other purposes.
WHEREAS, Mrs. Cornelius L. Hamilton of Dalton, Georgia has compiled an outstanding record of service in the civic and religious affairs of her Community and is beloved by all the citizens thereof; and
WHEREAS, she is the Mother-in-Law of our new State Treasurer, Honorable Jack Ray; and
WHEREAS, she suffered a most unfortunate accident while at tending the ceremonies on the day on which her Son-in-Law was sworn in as State Treasurer; and
WHEREAS, on that date she tripped on the steps leading down the side of the walkway in the House Chamber, falling and injuring herself severely; and
WHEREAS, she has been unable to carry on many of her worth while activities and endeavors during the past few months;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the sympathy of this Body is hereby offered to Mrs. Cornelius L. Hamilton. Although this situation has now been corrected, the members of this Body deplore the fact that the House Chamber had not been completely renovated prior to Mrs. Hamilton's visit. The House hereby extends its most heartfelt wishes to Mrs. Hamilton for a speedy recovery.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mrs. Cornelius L. Hamilton.

WEDNESDAY, JANUARY 17, 1962

269

HR 396. By Messrs. Strickland of Evans, Newton of Colquitt, and others:

A RESOLUTION

Commending the Board of Regents of the State of Georgia relating to the Seminar on American Strategy, making recommendations to the Board of Regents, and for other purposes.

WHEREAS, on the sixteenth day of January, 1962, the Board of Regents of the State of Georgia sponsored a seminar known as the SEMINAR ON AMERICAN STRATEGY, and

WHEREAS, said Seminar was widely attended by the members of the General Assembly, and

WHEREAS, the members of the General Assembly were highly impressed and gained tremendous additional knowledge in reference to the ever present threat of Communism, and

WHEREAS, it is believed that said Seminar is of such significance and the threat of Communism of such importance that there should be additional dissemination of information that was put forth during said Seminar, and

WHEREAS, it is believed by the members of the General Assembly that a great public service would be rendered if the filmed and re corded information of said Seminar were made available for the high schools, colleges and universities in this State, it is therefore resolved as follows:

RESOLVED, that this General Assembly does hereby compliment and commend the Board of Regents of the State of Georgia for their efforts in making available this Seminar to the members of this General Assembly and that this General Assembly does recommend to the said Board of Regents and to the State Board of Education that the informa tion made available at said Seminar be made available to all high schools, colleges and universities in the State of Georgia.

BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Chairman of the Board of Regents and each member of the Board, to the Chairman of the State Board of Education and to each member of the Board, and to the State Superintendent of Schools.

HR 397. By Messrs. Vaughn of Rockdale, Mackay, Rutland and Howard of DeKalb:
A RESOLUTION
Relative to visiting Stone Mountain; and for other purposes.
WHEREAS, the Stone Mountain Memorial Association has ex-

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tended a most kind invitation to the members of the General Assembly, to journey to Stone Mountain on Thursday, January 25, 1962, for the purpose of looking over the tremendous improvements which have been made by the Association at this World famous tourists location; and

WHEREAS, the above invitation includes a guided tour and lunch for the members; and

WHEREAS, it would be highly desirable for the members of this Body to acquaint themselves with the facilities which have been pro vided at Stone Mountain by the Association;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body accept the invitation of the Stone Mountain Memorial Association to journey to Stone Mountain on Thursday, January 25, 1962, and the Speaker of the House and the President of the Senate are hereby authorized to arrange the necessary details, including the time of adjournment on said date.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Matt McWhorter of the Stone Mountain Memorial Association.

Mr. Andrews of Hall asked unanimous consent that the following Editorial be incorporated in todays Journal and the consent was granted:
An Editorial by Father Donald R. Kiernan, Gainesville, Georgia, who was the only Roman Catholic to serve as Chaplain in the General Assembly of Georgia during the 1961 Session.
GEORGIA PINES
Once again, in just a few days, the members of the General As sembly of the State of Georgia will be making their annual visit to the state capitol building.
For months now, newspaper writers and radio commentators have been forecasting what this session will do. There have been predictions that it will be a stormy time for the Governor, since it will be his last session, and as they would say ". . . that's just how Georgia politics go." Still other prognosticators are predicting that new faces on the political scene will emerge from this particular session, and that there will be new leaders in Georgia politics next year.
The county unit system, the number of Senators apportioned to each district are well worth watching. However, we are concerned with those who neither predict great things for the future of our state, nor care for the emergence of new political faces; but rather are interested in issuing critical blasts at the members of our General Assembly for no apparent reasons.

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271

Last year it was our pleasure to have delivered the Invocation at the last session of the Assembly. Prior to this, we spent many days attending sessions of the Assembly and meeting many members of this distinguished group.

Now one might be surprised at their first visit to the Assembly and hear a speech being given. At the same time, all over the assembly floor, conversations and huddles are going on. It might appear that the other members of the Assembly do not care for the speaker, much less what he is saying. It looks like organized confusion coming out of mass chaos.

This is not, however the workings of the Assembly. Unfortunately, the cursory visitor does not see the Assembly members studying bills the resolutions until the wee hour sof the morning. He does not wit ness the tiring conversations and discussions which precede the actual vote. In other words, what the observer sees on the Assembly floor is the mere formality of vote taking.

What surprised us too were the sacrifices which many members of the Assembly make in order to serve their fellow-Georgians. We must confess that when we heard that Assembly members were going to receive fifty dollars a day for their services, we felt it was an exhorbitant sum. This sum now seems like a pittance when we realize that unless an Assembly member owns his own business, he must suffer a pay loss in order to serve his fellow citizens.

From our observations, it would seem that the general public is totally oblivious to the fact that during the remainder of the year, when the Assembly is not in session, members of this group are constantly making trips and consistently making long distance phone calls on behalf of their constitutents. In addition to this, Assembly members are always "on call" for religious and civic groups.

Have you ever visited your Senator or Representative ? Most people have not. Yet, if you were to visit the state capitol, we venture to say that you would be treated hospitably and that your visit would be most interesting and most informative.

We take this occasion to urge you to visit the Assembly while it is in session this year. We feel that your Senator and Representative will appreciate your interest. We feel that your Senator and Representative will treat you with hospitality. Your interest in local government will be a concrete answer to those critics of the General Assembly whose criticisms are without foundation.
Georgia can well be proud of its General Assembly. It is not a perfect group, but we do have a group of well dedicated, self-sacrificing men who are attempting to successfully guide the destiny of Georgia in our time.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

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HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer, and many others:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau, so as to create a new Budget Bureau, and for other purposes.

The following Committee amendments were read and adopted:
By striking Sections 2, 3, and 4 on their entirety and inserting in lieu thereof Sections 2 through 13 to read as follows:
"Section 2. An Act entitled "An Act to authorize the Budget Bureau to establish work hours for State employees; to provide for enforcement of such work schedules by authorizing disapproval of budget requests of departments or agencies in violation of same after notices thereof to such departments or agencies; to repeal conflicting laws; and for other purposes.", approved March 17, 1960 (Ga. Laws 1960, p. 1103) is hereby repealed in its entirety.
"Section 3. Pursuant to Constitutional authorization, Section 33 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:
"Section 33. Income Equalization Account--The State Treasu rer and other fiscal officers are authorized and directed to set up an appropriation in this account an amount equal to the amount or amounts that is determined by the State Auditor to be a surplus in available funds after prorating of monthly income has been made to the monthly allotments authorized under this Act. In the event the income for the month is insufficient to make a 100?o prorating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the necessary amount from this fund to cover the deficiency. In the event there is at any time a surplus in this account, the amount of same shall be available and is appropriated for allotment for highway construction or for other purposes, in accordance with provisions of Section 8 of the Budget Act." is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.
"Section 4. Pursuant to Constitutional authorization, Section 55 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:
"Section 55. The fixed sums appropriated in this Act for the cost of operating the Agencies and for other purposes shall be in lieu and/or inclusive of, and not in addition to, all amounts realized from taxes, fees and collections specially allocated for the support of the respective agency, under any law now or hereafter to become operative, making specific allocation for the support of the respec tive Agency, and the operation of parts of Acts so allocating reve nues for specific purposes is hereby suspended for the periods for which fixed sums are appropriated under the within Act. The State Agencies charged with the duty of collecting the revenue affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury."

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273

is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.

"Section 5. Pursuant to Constitutional authorization, Section 56 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:

"Section 56. This Act shall apply for the fiscal year ending June 30, 1944, and to each and every year thereafter until repealed by law."

is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.

"Section 6. Pursuant to Constitutional authorization, Section 57 of the General Appropriations Ate of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:

"Section 57. In the event any duties, purposes, and objects for which appropriations are made in this Act, shall be transferred under authority of law to a State Agency other than that to which appropriated, the appropriations for such duties, purposes and objects shall follow to such State Agency to which the duties are transferred; and in case the appropriation to be so transferred is not a separate item, the Governor, the State Auditor, and the head of the State Agency to which the appropriation is made in this Act, are authorized to determine the amount to be transferred and set up to the transferee State Agency. Nothing in this Section shall be construed to increase any appropriation for the duties, purposes and objects named in this Act."

is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.

"Section 7. Pursuant to Constitutional authorization, Section 58 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:

"Section 58. All Federal Funds received by the State of Geor gia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Govern ment in making the grant."

is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.

"Section 8. Pursuant to Constitutional authorization, Section 59 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:

"Section 59. Before an allotment from the appropriations made in this Act, shall be available for expenditure by any Agency

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of the State, a quarterly budget shall have been submitted and approved in accordance with provisions of the Budget Act and all rules and regulations issued in accordance with the Budget Act shall have been complied with."

is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.

"Section 9. Pursuant to Constitutional authorization, Section 60 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:

"Section 60. The State Auditor shall monthly pro rate the income of the State to the credit of each appropriation account in the same proportion that each appropriation bears to the total appropriations and if the amount of funds pro rated to the credit of each account is in excess of the approved budget allotments, the amount of said surplus shall be credited to the Income Equalization Account by the State Treasurer. In the event the income is insuffi cient to make a 100% pro rating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the neces sary amount from the Income Equalization Account to cover the deficiency and same shall be charged to the Account by the State Treasurer. The pro rating of funds under this Section by the State Auditor shall not increase the amount of appropriations set out in this Act."

is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.

"Section 10. Pursuant to Constitutional authorization, Section 62 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:

"Section 62. No payment shall be made and no obligation shall be incurred against any fund, allotment, or appropriation made in this Act unless same has been included in the Budget of the respective agency and approved as provided by law. Every expenditure or obligation authorized or incurred in violation of the provisions of this Section shall be void. Every payment made in violation of the provisions of this Section shall be deemed illegal, and every official authorizing or making such payment, or taking part therein, and every person receiving such payment or any part thereof, shall be jointly and severally liable to the State for the full amount so paid or received." is hereby specifically and sepa rately repealed in its entirety, effective at the end of June 30, 1963.

"Section 11. Pursuant to Constitutional authorization, Section 63 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. Laws 1943, p. 84), which reads as follows:

"Section 63. At the end of each fiscal year the amount of each appropriation provided for in this Act which has not been allotted

WEDNESDAY, JANUARY 17, 1962

275

by Budget Bureau authorities in writing shall lapse and cease to be available and the State Treasurer, upon receiving notice of same, shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriations."

is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963.

"Section 12. Except as provided hereinbefore, the provisions of this Act shall become effective at the end of June 30, 1962.

"Section 13. All laws and parts of laws in conflict with this Act are hereby repealed."

By striking from Code Section 40-406 paragraph 7., in its entirety, and inserting in lieu thereof a new paragraph 7. to read as follows:

"7. A draft of a proposed General Appropriation Act or Acts embodying the Governor's Budget Report and recommendations for appropriations for each of the next two ensuing fiscal years, and drafts of such revenues and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended Appropriation Act shall include, but not be limited to, the following budget classes for each Budget Unit: Personal Services, Operating Expenses, Authority Lease Rentals and Capital Outlay. The recom mended appropriation for each budget unit shall be specified in a separate section of the Appropriation Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations."

By striking the period at the end of 40-413 and adding the follow ing, "unless approved by the Budget Bureau."

By striking from Section 40-423 the words and figure, "every fifteen (IB) days after collection", and inserting in lieu thereof the following, "on a monthly basis on or before the fifteenth day of each month for the immediately preceding month's collections".

By adding in Paragraph 1. of Section 40-407 after the words "re ceipts" and before the word "of", the words and symbols ", less refunds.".

By adding in Paragraph 2. of Section 40-412 after the words "re quired by the Constitution" and before the word "to", the words "and those required".

By striking Section 40-420 in its entirety and inserting in lieu thereof a new Section 40-420 to read as follows:

"40-420. Appropriation lapse. At the end of each fiscal year the amount of each appropriation provided for in this Chapter,

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except for the mandatory appropriations required by the Constitu tion, remaining unexpended, and which has not been contractually obligated in writing, shall lapse and cease to be available and the State Treasurer shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriations."

By adding a new Section to be known as Section 1A to read as follows:

"Section 1A. In order to provide for the orderly implementa tion of this Act and transition of duties to the Budget Bureau herein created, the Governor, as Director of the Budget, is hereby authorized and empowered to review and approve quarterly work programs and monthly requests for allotment pursuant thereto for the calendar quarter beginning July 1, 1962 and ending Septem ber 30, 1962, in the same manner as if said work programs and allotment requests had been transmitted and processed through the Budget Bureau in the manner required by this Act. All work pro grams and allotment requests after said calendar quarter shall be filed, processed and reviewed in conformity with this Act and requirements of the Budget Bureau authorized herein."

Mr. Twitty of Mitchell moved the previous question and the Motion pre vailed.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock

Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Pulton Brown Budd Busbee Bynum Caldwell

Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Davis Been Dickey Dicus Dollar

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277

Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton

Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton

Those not voting were Messrs.:

Brooks of Oglethorpe Coker Crowe Culpepper Doster Fitzgerald Kimmons

Mackay Moss Pelham Rutland Scarborough Simpson Smith of Fulton

Rogers of Heard Roper Ross Rowland Sangster Scoggin Sheffield Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylcr of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Willingham Wilson Young
Stuckey Taylor of Decatur Underwood of
Montgomery Williams of Hall Woodward Mr. Speaker

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On the passage of the Bill, as amended, the ayes were 185, nays 0.

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

Messrs. Scarborough of Crawford, Doster of Wilcox, and Mackay of DeKalb requested that the Journal show them as having voted for the passage of HB 742.

Mr. Twitty of Mitchell asked unanimous consent that HB 742 be immediately transmitted to the Senate and the consent was granted.

HB 727. By Messrs. Brooks of Fulton, Arnsdorff of Effingham, and many others:
A Bill to be entitled an Act to amend an Act relating to Non-Profit Medical Service Corporation, of the "Georgia Insurance Code", so as to provide that doctors of Podiatry shall have the same rights benefits, and privileges as doctors of medicine and surgery, and for other purposes.

The report of the Committee which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Brantley Brooks of Fulton Brown Budd Bynum

Caldwell Chance Chandler Clarke of Monroe Cloer Collins Crawford Davis Deen Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer

Floyd Flynt Funk Fuqua Greene Hall of Lee Harrell Henderson Hodges Howard Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kidd

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279

Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson
Loggins Lokey Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate Moorman Morgan

Morris Moss Murphy Newton Odom Otwell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Columbia Phillips of Bibb Pickard Poole Potts Raulerson Roberts Ross Rowland Scoggin Sheffield Shuman Simmons

Those voting in the negative were Messrs.:

Abney Adams Andrews of Hall Branch Horton Jones of Worth Lewis of Burke

Lowrey Massee McGarity Mullis Rainey Rodgers of Charlton Scarborough

Those not voting were Messrs.:

Andrews of Stephens Ballard Barrett Bowen of Toombs Bozeman Brackin Brooks of Oglethorpe Busbee Clark Cocke Coker Conner Cox Crowe Culpepper Dicus Fitzgerald Fleming Fordham Fowler of Douglas

Fowler of Treutlen Hale Hall of Floyd Hill
Hurst Jones of Sumter Kelly Keyton Kimmons Lane Lovett Mackay Matthews of Clarke Moore NeSmith Pannell Paris Pelham Phillips of Walton Purcell

Smith of Grady Smith of Brantley Steis Story Stuckey Tabb Tamplin Taylor of Bibb Teague Todd Twitty Underwood of
Montgomery Waldrop Walker of Lowndes Ware Wells of Peach Wells of Oconee Wells of Camden Wickham Williams of Coffee Willingham Wilson Young
Sinclair Smith of Brantley Smith of Habersham Thornton Undercofler
Rogers of Paulding Roper Rutland Sangster Simpson Singer Smith of Fulton Stevens Strickland Taylor of Dawson Taylor of Decatur Tucker Underwood of Taylor Vaughn Walker-of Telfair Watson White Williams of Hall Woodward Mr. Speaker

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On the passage of the Bill, the ayes were 125, nays 19.

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

Mr. Mackay of DeKalb requested that the Journal show him as having voted for the passage of HB 727.

Mr. Mixon of Irwin requested that the Journal show him as voting "nay" on HB 727.

Under the General Order of Business, the following Bill of the House was again taken up for consideration:

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett:
A Bill amending an Act regulating the sale of fireworks, so as to remove certain exceptions to the provisions of said Act, and for other purposes.

By unanimous consent, the original Committee Substitute was withdrawn.

Messrs. Pickard of Muscogee, Jones of Sumter, Fleming of Richmond, Kirkland of Tattnall, Deen of Bacon, Dickey of Chatham, Clarke of Monroe and Baughman of Early offered the following substitute which was read:
A BILL
To be entitled an Act to prohibit the sale, offering for sale, exposing for sale, discharge, manufacture, transporting or possession of fire works, except under certain conditions; to define the word "fireworks" as used in this Act; to regulate the manner and extent to which fire works may be used in this State; to provide for a penalty; to specifically repeal an Act regulating the sale and use of fireworks in the State of Georgia, approved March 7, 1955 (Ga. Law 1955, p. 550), as amended by an Act approved March 9, 1956 (Ga. Law 1956, p. 732); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA?
Section 1. The term "fireworks" shall mean and include any com bustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation,

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281

including blank cartridges, balloons requiring fire underneath to propel them, fire crackers, torpedoes, sky rockets, roman candles, bombs, sparklers and other combustibles and explosives of like construction, or articles containing any explosible or flammable compound, and tablets and other devices, containing an explosive substance. Provided, how ever, the term "fireworks" shall not include toy pistol paper caps in which the explosive content does not average more than twenty-five hundredths (.25) grains of explosive mixture per paper cap and toy pistols, toy cannons, toy canes, toy guns or other devices using such paper caps; nor shall the term "fireworks" include ammunition con sumed by weapons used for sporting and hunting purposes.

Section 2. It shall be unlawful for any person, firm, corporation, association or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, to possess, manufacture or trans port any "fireworks" except as otherwise provided in this Act.

Section 3. In the event any person, firm, corporation, association or partnership desires to conduct a public exhibition or display of fire works they shall first obtain a permit from the ordinary of the county in which said exhibition or display is to be held. Application for such a permit must be made in writing and filed with the ordinary not less than 10 days prior to the date of the proposed exhibition or display of fireworks. The ordinary may grant a license or permit for such display on the following conditions:
(1) That the display be conducted by a competent operator approved by such ordinary.
(2) That the display shall be of such character as in the opinion of the ordinary will not be hazardous to persons or property.
(3) That the application be accompanied by a bond in the principal sum of $10,000.00 payable to the county in which the display is being held conditioned for the payment of damages which may be caused either by persons or property by reason of the dis play or, evidence that said applicant carried proper liability in surance for bodily injury in an amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in an amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Insurance Commissioner of Georgia.

The permit above provided shall be limited to the time specified therein, such time not to exceed a two weeks period. The permit shall not be transferable. In the event any fireworks bought and possessed under this section are not used by the licensee, or in the event there is a surplus or excess after the two week period expires, it shall be the duty of the licensee to dispose of said fireworks by turning them over to the State Fire Marshal or any of his agents. Any fireworks bought under the provisions of this section which are not used for the purpose of public display in the time specified shall at the expiration of such time be deemed contraband and subject to seizure by the State Fire Marshal, the State Patrol, any sheriff, or local police official and be destroyed at the licensee's expense.

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The ordinary shall receive a fee of $2.00 for his services in granting or refusing the original permit and .25<# ofr each copy thereof issued.

Section 4. Nothing in this Act shall be construed to prohibit the following:
(1) The wholesale or retail sale of fireworks for use in a public exhibition or public display and the transportation of fireworks for such use. Provided, that any person selling at wholesale or retail or transporting fireworks for such use must have a duplicate copy of the permit which has been issued by the ordinary to a person, firm, corporation, association or partnership which has been author ized to hold a public exhibition or display.
(2) Use by railroads or other transportation agencies of fire works specifically designed and intended for signal purposes or illumination.
(3) The sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletic or sports events or for use by military or police organizations.

Section 5. All "fireworks" manufactured, offered for sale, ex posed for sale, or stored in violation of this Act are hereby declared to be contraband and may be seized, taken and removed or caused to be removed and destroyed at the expense of the owner thereof by the State Fire Marshal, the State Patrol, any sheriff or local police official.

Section 6. Any person, firm, corporation, association or partner ship violating the provisions of this Act shall be guilty of a misde meanor and upon conviction thereof shall be punished as for a misde meanor.

Section 7. An Act approved March 7, 1955 (Ga. L. 1955, p. 550), relating to the regulation of the sale and use of fireworks in the State of Georgia, as amended by an Act approved March 8, 1956 (Ga. L. 1956, p. 732) is hereby repealed in its entirety.

Section 8. The provisions of this Act shall not apply to the high explosives covered by virtue of the provisions of Section 13 of an Act approved February 25, 1949, (Ga. L. 1949, p. 1057), under which, the Georgia Safety Fire Commissioner has regulatory control.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Underwood of Montgomery offered the following amendment to the Substitute which was read:
Mr. Underwood of Montgomery moves to amend the Substitute to HB 9: by striking the last sentence of Section 3 and inserting therefor:
"The ordinary shall receive $10.00 for services in granting or

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283

refusing the original permit and $1.00 for each copy thereof issued to be paid by the applicant."

The amendment to the substitute was adopted.

The substitute as amended, was adopted.

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

On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Fulton Brown Budd Busbee Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe

Cloer Cocke Collins Conner Crawford Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Harrell Henderson Hodges Horton Hull Johnson

Joiner Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian King Kirkland Knight of Laurens Knight of Berrien Lang-ford Lee of Floyd Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging Lokey Lovett Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald MeGarity Melton Milhollin Miller Mixon

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Moate Moore Moorman Morgan Morris Moss Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Columbia Phillips of Bibb Pickard Poole Potts Purcell

Rainey Raulerson Roberts Roper Ross Rowland Scarborough Sheffield Shuman Simmor.s Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague

Thornton Todd Twitty Undercofler Underwood of
Mongomery Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickhani Wilkes Williams of Coffee Williams of Hall Willing-ham Wilson Young

Those voting in the negative were Messrs.:

Bynum Jones of Liberty Pelham

Rodgers of Char! ton Scoggin Smith of Brantley

Tucker Wells of Camden

Those not voting were Messrs.:

Brooks of Oglethorpe Coker Cox Crowe Fitzgerald Fleming Flynt Hall of Floyd Hill Howard

Hurst Jones of Sumter Killingsworth Kimrnons Lane Mackay Massee Murphy NeSmith Phillips of Walton

Rogers of Paulding Rutland Sangster Simpson Singer Smith of Fulton Stuckey Taylor of Decatur Underwood of Taylor Woodward

On the passage of the Bill, by substitute as amended, the ayes were 166, nays 0.

The Bill, having received the requisite Constitutional majority, was passed, by substitute, as amended.

Messrs. Mackay of DeKalb and Pelham of Schley requested that the Journal show them as having voted "Aye" on HB 9.

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285

By unanimous consent, the Clerk was directed to correct typographical errors appearing in the Substitute to HB 9.

The following Resolution of the House was taken up for the purpose of con sidering the Senate Substitute thereto:

HR 322. By Messrs. Cox of Clarke, Sangster of Dooly, and others:
A Resolution with reference to contributions by members of the General Assembly to the Chapel of All Faiths at Milledgeville State Hospital, and for other purposes.

The following Senate Substitute was read:
Senator Grayson of the 1st offered the following Substitute to HR 322:
"Be it resolved by the Senate, the House of Representatives concurring, that the Secretary of the Senate and Clerk of the House be and they are authorized to receive and collect from the individual members of both Houses, voluntary contributions for the purpose of aiding the Governor in his efforts to establish a Chapel of All Faiths at Milledgeville."

Mr. Twitty of Mitchell moved that the House adopt the Senate Substitute.

On the motion to adopt the substitute, the ayes were 170, nays 0.

The Senate Substitute was adopted.

Mr. Matthews of Colquitt introduced Honorable Willie B. Withers, Mayor of Moultrie and President of the Georgia Municipal Association who briefly ad dressed the House and extended an invitation to the members of the General Assembly to attend the Georgia Municipal Banquet at the Dinkier Plaza Hotel this evening.

The Speaker presented Honorable Elmer George, Secretary of the Georgia Municipal Association who in well-chosen words thanked the members of the General Assembly for their past co-operation in assisting the municipalities of this State.

286

JOURNAL OF THE HOUSE,

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:30 a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 a.m. tomorrow morning.

Mr. Smith of Fulton stated that he was absent from the Hall of the House when the roll was called but had he been present he would have voted "Aye" on HB 742, HB 727 and HB 9.

THURSDAY, JANUARY 18, 1962

287

Representative Hall, Atlanta, Georgia Thursday, January 18, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Pledger W. Parker of Swainsboro, Ga.
Eternal God, as we gather here, make us mindful of others who are at work at many varied professions and trades. Help us to set an example that might well be followed by one and all.
May the transactions that take place here serve the long range good of all people, while we cannot attain the ideal, save us from being satisfied with anything ignoble and unworthy of thy approval.
Make the strivings of this day to advance the cause of peace and good will among men.
In the name of the Prince of Peace. Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills.

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JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time, and referred to the Committees:

HB 773. By Mr. Thornton of Bibb: A Bill to be entitled an Act to amend an Act relating to natural guar dians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety, so as to provide that the father, if alive, unless otherwise provided, is a natural guardian, and for other purposes.
Referred to the Committee on Judiciary.
HB 774. By Messrs. Smith of Emanuel and Twitty of Mitchell: A Bill to be entitled an Act to establish a State Commission on Aging, and for other purposes.
Referred to the Committee on State of Republic.
HR 377-774. By Mr. Raulerson of Echols: A Resolution proposing an amendment to the Constitution so as to provide for the appointment of a five member Board of Education from the county-at-large, and for other purposes.
Referred to the Committee on Local Affairs.
HR 378-774. By Mr. Hall of Lee: A Resolution to compensate Mr. James McBride, and for other purposes.
Referred to the Committee on Appropriations.
HR 379-774. By Messrs. Twitty and Collins of Mitchell: A Resolution proposing an amendment to the Constitution so as to create the Mitchell County Development Authority, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 380-774. By Mr. Harrell of Fayette: A Resolution proposing an amendment to the Constitution so as to

THURSDAY, JANUARY 18, 1962

289

provide for the election of the members of the Board of Education of Payette County by the people; and for other purposes.
Referred to the Committee on Local Affairs.

HR 381-774. By Mr. Barnett of Wilkes:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire prevention districts in Wilkes County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 775. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to amend an Act which created a new charter to the City of Washington, and for other purposes.
Referred to the Committee on Local Affairs.

HB 776. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to amend an Act to provide and establish a new charter for the City of Waycross, so as to extend the City limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 777. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend the charter of the City of Co lumbus, vesting power and authority in the City to delegate to the Board of Managers of the City Hospital of the City the right to con tract for expenditures for capital improvement, and for other purposes.
Referred to the Committee on Local Affairs.

HB 778. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the South Commons of the City of Columbus, and relating to the authority of the City of Columbus to lease, sell, or divert to uses other than park or playground purposes the portions of the South Commons therein de scribed, and for other purposes.
Referred to the Committee on Local Affairs.

HB 779. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Columbus, relating to elections, and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 780. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Columbus, authorizing the creation of an Executive Board Emeritus, and for other purposes.
Referred to the Committee on Local Affairs.

HB 781. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Dade:
A Bill to be entitled an Act to establish a continuing capital fund to be administered by the State Revenue Commissioner from which loans to counties may be made to aid in defraying the cost of property valu ation and equalization programs for ad valorem tax purposes as author ized by law; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 782. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to a non-resident testator's estate, so as to provide that non-residents within the second degree of consanquinity may administer the estate of a resident testator; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 783. By Messrs. Bolton of Spalding, Hale of Dade and Steis of Harris:
A Bill to be entitled an Act to amend an Act relating to the issuance of motor vehicle license plates in counties, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 784. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Dade:
A Bill to be entitled an Act to amend the General Appropriations Act, so as to change the appropriation to the Department of Revenue, by adding thereto an appropriation for the creation of a capital fund from which loans to counties may be made to defray the cost of ad valorem tax equalization programs and for other purposes.
Referred to the Committee on Appropriations.

HB 785. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide the method of confinement of minors; and for other purposes.
Referred to the Committee on Special Judiciary.

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291

HR 382-785. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Bade:
A Resolution proposing an amendment to the Constitution so as to allow any county or municipality in the State to borrow the necessary funds to defray the cost of property valuation and equalization pro grams for ad valorem tax purposes from private individuals, firms, corporations, or partnerships, as well as from the State; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 383-785. By Mr. Sangster of Dooly:
A Resolution proposing an amendment to the Constitution so as to authorize Dooly County to issue certain revenue anticipation obligations known as revenue bonds, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 786. By Mr. Crawford of Chatham:
A Bill to be entitled an Act to amend an Act to regulate procedure in the courts of this State, relating to divorce cases, and for other purposes.
Referred to the Committee on Judiciary.

HB 787. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to provide an appropriation, of the Em ployment Security Law, of additional funds which are otherwise avail able to the Department of Labor, for the purpose of providing suitable offices for use by the Employment Security Agency, and for other purposes.
Referred to the Committee on Appropriations.

HB 788. By Messrs. Underwood of Montgomery, McCracken of Jefferson, McCutchen of Gilmer, Willingham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to provide for a blank space on each ballot used in any election held to fill public office; to provide for the voter to insert in the blank space the names of persons as write-in candidates; and for other purposes.
Referred to the Committee on State of Republic.

HB 789. By Messrs. McCracken of Jefferson, Underwood of Montgomery, McCutchen of Gilmer, Willingham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act providing for absentee

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JOURNAL OF THE HOUSE,

voting by members of the military, so as to provide the time for holding certain primaries; and for other purposes.
Referred to the Committee on State of Republic.

HB 790. By Messrs. McCracken of Jefferson, Underwood of Montgomery, McCutchen of Gilmer, Willingham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide for the time for qualifying in elections other than primary elections; to provide for the application of the five per cent petition; and for other purposes.
Referred to the Committee on State of Republic.

HB 791. By Messrs. Underwood of Montgomery, McCracken of Jefferson, McCutchen of Gilmer, Willingham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act providing for a recount of the ballots cast in any primary held in this State by any political party, so as to provide for an appeal from the recount committee to the political authority holding the primary, and for other purposes.
Referred to the Committee on State of Republic.

HB 792. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act making a legislative finding of fact relating to Communism; requiring the teaching of a course of study in the public schools entitled "Americanism versus Communism", and for other purposes.
Referred to the Committee on Education.

HB 793. By Messrs. Lee of Clinch, Raulerson of Echols, Newton of Colquitt, Rowland of Johnson and many others:
A Bill to be entitled an Act to amend an Act relating to the duties and powers of the State Auditor, so as to provide that the State Auditor shall send a copy of the annual financial report to each clerk of the Superior Courts of this State, and for other purposes.
Referred to the Committee on State of Republic.

HR 384-793. By Messrs. Lee of Clinch, Raulerson of Echols, Newton of Colquitt, Rowland of Johnson, Hodges of Ware and many others:
A Resolution to propose opening to the public the perimeter road around the Okefenokee Swamp and the sealed dam at the mouth of the Suwanee River, and for other purposes.
Referred to the Committee on Highways:

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293

HR 385-793. By Messrs. Singer of Stewart and Hurst of Quitman:
A Resolution to designate a lake as "Lake Roanoke", and for other purposes.
Referred to the Committee on Natural Resources.

HR 386-793. By Messrs. Ployd and Loggins of Chattooga: A Resolution to compensate Verlin C. Powell, and for other purposes.
Referred to the Committee on Appropriations.

HR 387-793. By Messrs. Floyd and Loggins of Chattooga: A Resolution to compensate Mack Bowman, and for other purposes.
Referred to the Committee on Appropriations.

HR 388-793. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Resolution proposing an amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees; and for other purposes.
Referred to the Committee on Local Affairs.

HR 389-793. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Resolution proposing an amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and re development program, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 794. By Messrs. Walker of Lowndes, Morris of Tift, Todd of Glascock, Johnson of Jenkins, Budd of Lowndes:
A Bill to be entitled an Act to establish the Department of Public Safety, so as to provide that the uniform division shall have exclusive and original jurisdiction in enforcing the traffic laws, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 795. By Messrs. Walker and Budd of Lowndes, Johnson of Jenkins, Morris of Tift and Todd of Glascock and others:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed re strictions applicable to motor vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.

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JOURNAL OP THE HOUSE,

HB 796. By Mr. Andrews of Hall:
A Bill to be entitled an Act to change the terms of the Superior Court of Hall County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 797. By Messrs. Peyton of Coweta, Smith of Emanuel, Hull of Richmond, Taylor of Bibb, Steis of Harris, Bolton of Spalding and many others:
A Bill to be entitled an Act to constitute an instrumentality within the judiciary of the State of Georgia for the purpose of licensing and disciplining the members of the State Bar of Georgia, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 798. By Messrs. Milhollin of Coffee and Dorminy of Ben Hill:
A Bill to be entitled an Act to provide for compulsory motor vehicle liability insurance, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 799. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to giving notice for the termination of a tenancy at will, so as to clarify the time when such notice is to be given, and for other purposes.
Referred to the Committee on Judiciary.

HB 800. By Mr. McClelland of Fulton:
A Bill to be entitled an Act prohibiting false wholesale advertising and misrepresenting the true nature of business, and for other purposes.
Referred to the Committee on Industry.

HB 801. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to authorize Guardians, Executors, Admin istrators, Trustees, Fiduciaries and Custodians for minors to invest funds in securities of or issued by any open-end or closed-end manage ment type investment company or investment trust, which are authorized to be sold in Georgia, and for other purposes.
Referred to the Committee on Banks and Banking.

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295

HB 802. By Messrs. Lane of Bulloch, Parker of Screven, Johnson of Jenkins, Dicus of Muscogee, Hull of Richmond, Pordham of Bulloch, Pickard of Muscogee and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to the use of timing devices or radar equipment to enforce safety regulations, so as change the provision relating- to application of the Act within limits of incorporated municipalities, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 803. By Messrs. Echols of Upson, Paris of Barrow and Phillips of Bibb:
A Bill to be entitled an Act to amend an Act regulating malt beverages, and for other purposes.

Mr. Raulerson of Echols moved that this Bill be engrossed.

On the motion to engross, the ayes were 150, nays 0.

The Speaker ordered that HB 803 be engrossed, and referred the same to the Committee on Temperance.

HB 804. By Mr. Killian of Glynn:
A Bill to be entitled an Act authorizing the counties of this State to sell lost or abandoned personal property located within the county, and for other purposes.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bill and Resolutions of the House were read the Second time:

HB 772. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HR 375-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; and for other purposes.
Referred to the Committee on Appropriations.

HR 376-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph, Wilkes of Cook, Undercofler of Sumter, Smith of Grady, Barrett of Cherokee and others:
A Resolution proposing an amendment to the Constitution so as to provide for appropriation control; and for other purposes.
Referred to the Committee on Appropriations.

Mr. Bowen of Randolph County, Vice-Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the fol lowing Resolutions of the House, and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 375-772. Do Pass, as Amended. HR 376-772. Do Pass.
Respectfully submitted, Bowen of Randolph, Vice-Chairman.

Mr. Lovett of Laurens County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 228. Do Pass, by Substitute. Respectfully submitted, Lovett of Laurens, Chairman.

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Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 739. Do Pass. HB 740. Do Pass. HB 744. Do Pass. HB 746. Do Pass. HB 747. Do Pass. HB 748. Do Pass. HB 752. Do Pass. HB 749. Do Pass. HB 750. Do Pass. HB 751. Do Pass. HB 764. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:

SB 175. By Senator Long of the 3rd:
A Bill to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms, and removal of jury commissioners, as amended; and for other purposes.

SB 176. By Senator Overby of the 33rd:
A Bill to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic laws, approved March 2, 1953 (Ga. Laws 1953, p. 331); and for other purposes.

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SR 104. By Senator Knox of the 54th:
A Resolution paying tribute to the Mayors and other municipal officials and employees; and for other purposes.

SR 105. By Senator Jackson of the 24th:
A Resolution designed to institute a method of instruction for the youth of Georgia in the dogmas and tenets of Americanism and to develop intelligent and aggressive opposition to Communism and teach loyalty to our American political and economic system; and for other purposes.

SR 106. By Senator Fitzpatrick of the 51st:
A Resolution commending the Board of Regents of the University System of Georgia for presenting the "Seminar on American Strategy"; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House to wit:

HR 358. By Mr. Smith of Habersham:
A Resolution commending the Georgia Association of Broadcasters; and for other purposes.

The following message was received from the House through Mr. Stewart, the Clerk thereof:
Mr. President:
The Senate has agreed to the House amendments to the following Bill of the Senate:

SB 7. By Senators Mitchell of the 43rd, Overby of the 33rd and others:
A Bill amending an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees; and for other purposes.

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299

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 398. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing sympathy to Honorable Charles V. Crowe, Jr.; and for other purposes.
WHEREAS, Honorable Charles V. Crowe, Jr., Representative from Bartow County, is unable to attend the meetings of the House due to serious illness; and
WHEREAS, in his short tenure of service as a member of this Body he has gained the respect and admiration of all the members of the House; and
WHEREAS, he is sorely missed for his counsel and advice and for his friendship;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby offered to Representative Charles V. Crowe, Jr., and sincerest wishes for a speedy recovery are hereby extended.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Charlves V. Crowe, Jr.

HR 399. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to the Board of Regents; and for other purposes.
WHEREAS, the Board of Regents of the University System of Georgia, sponsored a "Seminar on American Strategy" on January 16, 1962; and
WHEREAS, all the members of the General Assembly were invited to attend the aforesaid Seminar and found it to be most informative and highly educational; and
WHEREAS, the distinguished speakers were most able in their presentations and brought home to their listeners the danger of Com munism and the danger facing the Free World today; and

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WHEREAS, the Seminar was most inspiring and achieved the effect of awakening those of us who have become complacent with re gard to preservation of freedom; and

WHEREAS, in addition to the wonderful program, the members were also treated to a most delicious and satisfying luncheon;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex tended to the members of the Board of Regents of the University System of Georgia, and, particularly, to its Chairman, Honorable Robert 0. Arnold, and the members responsible for this program, Honorable Howard H. Callaway and Honorable Morris M. Bryan, Jr. The Board is highly commended for the Seminar, and the speakers, Honorable Walter H. Judd, Dr. Frank R. Barnett, Honorable Thomas J. Dodd, and Major William Mayer are hereby congratulated for their excellent, in formative and thought provoking presentations.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

HR 400. By Messrs. Parker of Appling, Davis of Wayne, and many others:
A RESOLUTION
Commending the Commanding General of Fort Stewart, Brigadier General Lester S. Bork, and the Provost Marshal of Fort Stewart, Major Eugene T. Carson; and for other purposes.
WHEREAS, every member of the General Assembly is aware of the overwhelming interest generated in this State by its worthy and exemplar citizens for the outdoor sports of hunting and fishing; and
WHEREAS, certain employees or representatives of the United States Army are fortunate enough to be stationed or assigned within the confines of this sovereignty and are so moved by the warmth and hospitality of the citizens of Georgia that a vital interest is generated as to their well-being; and
WHEREAS, there can be no better means of showing a genuine interest in the citizens of this State than by providing them with a place to hunt and fish; and
WHEREAS, the Commanding General of Fort Stewart, Brigadier General Lester S. Bork, has manifested his interest in the well-being of native Georgians by providing literally thousands of acres of fields and streams of the Fort Stewart area as a wildlife preserve, so that all citizens of this State might have a place to hunt or fish; and
WHEREAS, the Provost Marshal of Fort Stewart, Major Eugene

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301

T. Carson, and his men are to be commended for their hard work and interest in the work of the Fort Stewart Fish and Wildlife Association.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Brigadier General Lester Bork and Major Eugene Carson be commended for furnishing part of the fields and streams of Fort Stewart for a wildlife preserve available to all citizens of this State.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to General Bork, Major Carson, Honorable Elvis Stahr, Senator Richard B. Russell, Senator Herman E. Talmadge, Honorable Elliott Hagan and Honorable Carl Vinson.

HR 401. By Messrs. Parker of Appling, Davis of Wayne, Parker and Hodges of Ware:
A RESOLUTION
Commending Battery "A" of the 2nd Howitzer Battalion (105-MM) 118th Artillery, Georgia Army National Guard; and for other purposes.
WHEREAS, every member of the General Assembly is familiar with the proficiency in the use of firearms possessed by every Georgia boy which proficiency has been gained by lives of hunting from a very early age through the fields and streams of this State; and
WHEREAS, it has been the custom for native Georgians to excel in every field of endeavor, whether civilian or military; and
WHEREAS, Battery "A" of the 2nd Howitzer Battalion, 118th Artillery, 48th Armored Division, Jesup, Georgia, Captain George W. Adams, Commander attained the highest score in competition with Division Artillery units of Georgia and Florida while performing the Army Training Test (ATT 6-1) during Summer Field Training in 1961; and
WHEREAS, said test is administered annually to determine the proficiency of Field Artillery Howitzer Batteries in occupation of position, prompt delivery of observed fire, communications, survey, preparation of firing data, application of corrections and the transfer of fire; and
WHEREAS, during said test a tactical situation is assumed where the Battery is operating alone without reinforcement of vehicles or personnel from the remainder of the Battalion; and
WHEREAS, the high score achieved by Battery "A" reflects the proficiency and high standards of training set and maintained by every officer and enlisted man in the unit; and

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WHEREAS, said high score demonstrates the fact that Georgia boys are just as proficient in the firing of big firearms as they are in the firing of small firearms.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Battery "A" of the 2nd Howitzer Battalion (105-MM) (SP), 118th Artillery, Georgia Army National Guard is hereby commended for its excellent showing in the 1961 Summer Field Training.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to General George J. Hearn, General Charles L. Davis, Colonel Jack C. Williams, and Captain George W. Adams.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 739. By Mr. Langford of Warren:
A Bill amending an Act creating a Commissioner of Roads and Revenues of Warren County, relating to compensation of the Commissioner and Clerk, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

On the passage of the Bill, the ayes were 110, nays 0.

HB 740. By Mr. Langford of Warren:
A Bill creating a County Treasurer for the County of Warren and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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303

HB 744. By Mr. McCracken of Jefferson:
A Bill consolidating the laws chartering the City of Wadley in Jeffer son County, providing for general powers and corporate limits, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 746. By Mr. Sangster of Dooly:
A Bill amending an Act in Georgia Laws creating a charter for the City of Unadilla, empowering governing authorities to close, abandon and vacate a certain alley in said City, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 747. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill amending an Act relating to the Ordinary of Muscogee County, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 748. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill amending an Act relating to the Sheriff of Muscogee County, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were HO, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 749. By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill amending an Act relating to the offices of tax-receiver and taxcollector of Muscogee County, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 750. By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill amending an Act relating to the Clerk of the Superior Court of Muscogee County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

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305

HB 751. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill amending an Act relating to the Municipal Court of Columbus, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 752. By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill amending the Juvenile Court Act, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 764. By Mr. Ballard of Newton:
A Bill amending a Charter of the City of Covington, so as to incorporate a new charter for said City and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

Under the General Order of Business, the following Bill of the House was taken up for consideration and read the third time:

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HB 714. By Messrs. Floyd of Chattooga, Lowrey of Floyd and many others:
A Bill amending an Act providing for absentee voting by members of the military and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

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

Under the General Order of Business, the following Bill of the House was again taken up:

HB 283. By Messrs. NeSmith of Meriwether, Phillips of Columbia, and many others:
A Bill amending Section 23 of Article XIX of the Banking Law of Georgia, relating to the purchase of stocks, bonds and other investment securities by banks, and for other purposes.

Mr. Twitty of Mitchell asked unanimous consent that HB 283 be recommitted to the Committee on Banks and Banking and the consent was granted.

HB 283 was recommitted to the Committee on Banks and Banking.

Mr. Twitty of Mitchell moved that the House do now adjourn until Monday morning at 10:00 o'clock a.m. and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. Monday morning.

MONDAY, JANUARY 22, 1962

307

Representative Hall, Atlanta, Georgia Monday, January 22, 1962.

The House met pursuant to adjournment at 10:00 o'clock a.m., this day and was called to order by the Speaker.

The following prayer was offered by Rev. W. R. Key, Pastor 1st Methodist Church, Waynesboro, Ga.
Oh God, our Father, in these days fraught with danger and filled with fear we dare turn our faces to thee in the first moments of this assembly and pray for comfort, help and guidance.
We lift our voice to Thee in Thanksgiving for this great Nation and our own beloved State--We pray now for the whole State of Ga. and every single citizen that resides within her boundaries--Bless 0 Lord, the people of this state from the St. Marys River to Brasstown Bald and from the Chattahoochee to the Great Atlantic.
Our Father we remember this morning, how many years ago our Lord said to his disciples, "You have eyes but you cannot see." We feel very akin to these disciples of yours. The moral and spiritual blindness of this hour frightens us and we are sure must be appalling to Thee.
Oh, God of truth, may eyes that have been blinded by the sins of prejudice, selfishness, envy and lack of faith be opened this very hour. May eyes that have been dimmed by doubts and made frail by fears, be cleared for better vision.
Lord heal our spiritual stigmatisms, grant that short sighted people may be able to see the desperate need of the distant field and yet Lord help us never forget the great need that lies within the borders of our state.
Heal that malady within us that causes us to see so easily and willingly the faults and failures of our fellow men while we are blind to our own sins. Give us eyes of compassion and understanding.
Oh God, somehow help us to stop this insidious and devastating materialism which threatens our very way of life. If these are average Americans today, there sit men in this assembly who would sell some of our cherished freedom at a very low price; These freedoms that have been bought with sweat, tears and blood . . . And yet O Lord there are those men sitting among us that you called the salt of the earth, men that have not forsaken the faith of their Father's, Men who believe that there are some things worth more than money.
Grant our Father that these men may have the courage of their convictions, may they be too big to make deals and to strong to com promise, when a principal is at stake.

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Help these men to know that Satan is still at his post of duty and while he is dressed in different clothes yet he is just as mean as the Devil ever was.

Grant now to these here assembled to represent the people of the State of Georgia both wisdom and courage.

And grant our Father that Thy present may linger here throughout the day.--In the name of our Christ our Lord.--AMEN.

The roll call was ordered and the following members answered to their names:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Cox Crowe Culpepper Davis

Been Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Johnson Joiner Jones of Liberty
Jones of Worth
Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kevton Kidd Killian Killingsworth Kimmons

King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Murphy NeSmith Newton Odom Paris Parker of Screven Parker of Ware Parker of Appling Farmer

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309

Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Shuman

Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Bibb Thornton Todd Tucker Twitty

Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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HB 805. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to create and incorporate Richmond Hill, in the County of Bryan, and grant a charter to that municipality under that name and style; and for other purposes.
Referred to the Committee on Local Affairs.

HB 806. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the Sheriff, the deputy Sheriff and the Clerk of the Superior Court of Bryan County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 807. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to create the Ty Cobb Baseball Memorial Commission; and for other purposes.
Referred to the Committee on State of Republic.

HB 808. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend the contingent section of the General Appropriations Act, so as to provide an appropriation for the Ty Cobb Baseball Memorial Commission, and for other purposes.
Referred to the Committee on Appropriations.

HB 809. By Messrs. Singer of Stewart, Hurst of Quitman, Dicus and Wickham of Muscogee and Jones of Worth:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act, so as to amend the appropriations to the Depart ment of Commerce, and for other purposes. Referred to the Committee on Appropriations.

HB 810. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide that when income from an estate of trust is actually used for a person's support, the legal obligation of persons having a legal obligation to support is reduced to that extent, and for other purposes.
Referred to the Committee on Judiciary.

HB 811. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act providing a new Charter for the Town of Bremen, and for other purposes.
Referred to the Committee on Local Affairs.

HB 812. By Messrs. Caldwell of Upson, Brooks of Fulton and Twitty of Mitchell: A Bill to be entitled an Act to increase the salaries of Superior Court Judges, and for other purposes.
Referred to the Committee on Judiciary.

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311

HB 813. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 814. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act to fix the salary of the Treasurer of Butts County, in lieu of commissions as are now paid, and for other purposes.
Referred to the Committee on Local Affairs.

HB 815. By Mr. Woodward of Butts:
A Bill to be entitled an Act to provide that the Coroner in certain counties shall be compensated on a salary basis rather than a fee basis, and for other purposes.
Referred to the Committee on Local Affairs.

HB 816. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Emanuel County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 817. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act so as to provide that commissions allowed to Tax Commissioners shall be paid by County funds in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 818. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to repeal an Act relative to the salaries of officials in certain counties; to enact provisions to provide for the compensation of County officials of Troup County, and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 819. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Troup, and for other purposes.
Referred to the Committee on Local Affairs.

HB 820. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act to make appropriations for the operation of the State Government, so as to provide contingent appropriations to the Department of Revenue for the purpose of carry ing the Motor Vehicle Certificate of Title Act, and for other purposes.
Referred to the Committee on Appropriations.

HB 821. By Messrs. Matthews of Clarke and Killian of Glynn:
A Bill to be entitled an Act to amend the Act creating the State Litera ture Commission, so as to provide for the declaratory relief, and for other purposes.
Referred to the Committee on Industry.

HB 822. By Messrs. Matthews of Clarke and Killian of Glynn: A Bill to be entitled an Act to amend an Act relating to the sale or exhibition of obscene pictures, and for other purposes.
Referred to the Committee on Industry.
HR 402-822. By Mr. Otwell of Forsyth: A Resolution to compensate Melvin Hubbard; and for other purposes.
Referred to the Committee on Appropriations.
HR 403-822. By Mr. Baughman of Early: A Resolution proposing an amendment to the Constitution exempting Early County from certain taxation, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 823. By Messrs. Smith of Emanuel and Hill of Meriwether: A Bill to be entitled an Act to amend an Act known as "The Soil Con servation Districts Law", so as to change the name of said Act, and for other purposes.
Referred to the Committee on Agriculture.

MONDAY, JANUARY 22, 1962

313

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 773. By Mr. Thornton of Bibb:
A Bill to be entitled an Act to amend an Act relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety, so as to provide that the father, if alive, unless otherwise provided, is a natural guardian, and for other purposes.

HB 774. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to establish a State Commission on Aging, and for other purposes.

HR 377-774. By Mr. Raulerson of Echols:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of a five member Board of Education from the county-at-large, and for other purposes.

HR 378-774. By Mr. Hall of Lee: A Resolution to compensate Mr. James McBride, and for other purposes.

HR 379-774. By Messrs. Twitty and Collins of Mitchell:
A Resolution proposing an amendment to the Constitution so as to create the Mitchell County Development Authority, and for other purposes.

HR 380-774. By Mr. Harrell of Payette:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Fayette County by the people; and for other purposes.

HR 381-774. By Mr. Barnett of Wilkes: A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire prevention districts in Wilkes County, and for other purposes.
HB 775. By Mr. Barnett of Wilkes: A Bill to be entitled an Act to amend an Act which created a new charter to the City of Washington, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 776. By Messrs. Hodges and Parker of Ware:
A Bill to be entitled an Act to amend an Act to provide and establish a new charter for the City of Waycross, so as to extend the City limits, and for other purposes.

HB 777. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend the charter of the City of Colum bus, vesting power and authority in the City to delegate to the Board of Managers of the City Hospital of the City the right to contract for expenditures for capital improvements, and for other purposes.

HB 778. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the South Commons of the City of Columbus, and relating to the authority of the City of Columbus to lease, sell, or divert to uses other than park or playground purposes the portions of the South Commons therein described, and for other purposes.

HB 779. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Columbus, relating to elections, and for other purposes.

HB 780. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Co lumbus, authorizing the creation of an Executive Board Emeritus, and for other purposes.

HB 781. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Dade:
A Bill to be entitled an Act to establish a continuing capital fund to be administered by the State Revenue Commissioner from which loans to counties may be made to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes as authorized by law; and for other purposes.

HB 782. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to a non-resident testator's estate, so as to provide that non-residents within the second degree of consanquinity may administer the estate of a resident testator; and for other purposes.

MONDAY, JANUARY 22, 1962

315

HB 783. By Messrs. Bolton of Spalding, Hale of Bade and Steis of Harris:
A Bill to be entitled an Act to amend an Act relating to the issuance of motor vehicle license plates in counties, and for other purposes.

HB 784. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Bade:
A Bill to be entitled an Act to amend the General Appropriations Act, so as to change the appropriation to the Department of Revenue, by adding thereto an appropriation for the creation of a capital fund from which loans to counties may be made to defray the cost of ad valorem tax equalization programs, and for other purposes.

HB 785. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide the method of confinement of minors; and for other purposes.

HR 382-785. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Dade:
A Resolution proposing an amendment to the Constitution so as to allow any county or municipality in the State to borrow the necessary funds to defray the cost of property valuation and equalization pro grams1 for ad valorem tax purposes from private individuals, firms, corporations, or partnerships, as well as from the State; and for other purposes.

HR 383-785. By Mr. Sangster of Dooly:
A Resolution proposing an amendment to the Constitution so as to authorize Dooly County to issue certain revenue anticipation obligations known as revenue bonds, and for other purposes.

HB 786. By Mr. Crawford of Chatham: A Bill to be entitled an Act to amend an Act to regulate procedure in the courts of this State, relating to divorce cases, and for other purposes.
HB 787. By Mr. Willingham of Cobb: A Bill to be entitled an Act to provide an appropriation, of the Em ployment Security Law, of additional funds which are otherwise avail able to the Department of Labor, for the purpose of providing suitable offices for use by the Employment Security Agency, and for other purposes.

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HB 788. By Messrs. Underwood of Montgomery, McCracken of Jefferson, McCutchen of Gilmer, Willing-ham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to provide for a blank space on each ballot used in any election held to fill public office; to provide for the voter to insert in the blank space the names of persons as write-in candidates; and for other purposes.

HB 789, By Messrs. McCracken of Jefferson, Underwood of Montgomery, McCutchen of Gilmer, Willingham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military, so as to provide the time for holding certain primaries; and for other purposes.

HB 790. By Messrs. McCracken of Jefferson, Underwood of Montgomery, McCutchen of Gilmer, Willingham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide for the time for qualifying in elections other than primary elections; to provide for the application of the five per cent petition; and for other purposes.

HB 791. By Messrs. Underwood of Montgomery, MeCracken of Jefferson, McCutchen of Gilmer, Willingham of Cobb and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act providing for a recount of the ballots cast in any primary held in this State by any political party, so as to provide for an appeal from the recount committee to the political authority holding the primary, and for other purposes.

HB 792. By Messrs. Crawford, Dickey and Funk of Chatham: A Bill to be entitled an Act making a legislative finding of fact relating to Communism; requiring the teaching of a course of study in the public schools entitled "Americanism versus Communism", and for other purposes.
HB 793. By Messrs. Lee of Clinch, Raulerson of Echols, Newton of Colquitt, Rowland of Johnson and many others: A Bill to be entitled an Act to amend an Act relating to the duties and powers of the State Auditor, so as to provide that the State Auditor shall send a copy of the annual financial report to each clerk of the Superior Courts of this State, and for other purposes.
HR 384-793. By Messrs. Lee of Clinch, Raulerson of Echols, Newton of Colquitt, Rowland of Johnson, Hodges of Ware and many others: A Resolution to propse opening to the public the perimeter road around

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317

the Okefenokee Swamp and the sealed dam at the mouth of the Suwanee River, and for other purposes.

HR 385-793. By Messrs. Singer of Stewart and Hurst of Quitman:
A Resolution to designate a lake as "Lake Roanoke", and for other purposes.

HR 386-793. By Messrs. Floyd and Loggins of Chattooga: A Resolution to compensate Verlin C. Powell, and for other purposes.

HR 387-793. By Messrs. Ployd and Loggins of Chattooga: A Resolution to compensate Mack Bowman, and for other purposes.

HR 388-793. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Resolution proposing an amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees; and for other purposes.

HR 389-793. By Messrs. Fleming, Hull and Fuqua of Richmond: A Resolution proposing an amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and re development program, and for other purposes.
HB 794. By Messrs. Walker of Lowndes, Morris of Tift, Todd of Glascock, Johnson of Jenkins, Budd of Lowndes: A Bill to be entitled an Act to establish the Department of Public Safety, so as to provide that the uniform division shall have exclusive and original jurisdiction in enforcing the traffic laws, and for other purposes.
HB 795. By Messrs. Walker and Budd of Lowndes, Johnson of Jenkins, Morris of Tift and Todd of Glascock and others: A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed restric tions applicable to motor vehicles, and for other purposes.

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HB 796. By Mr. Andrews of Hall:
A Bill to be entitled an Act to change the terms of the Superior Court of Hall County, and for other purposes.

HB 797. By Messrs. Peyton of Coweta, Smith of Emanuel, Hull of Richmond, Taylor of Bibb, Steis of Harris, Bolton of Spalding and many others:
A Bill to be entitled an Act to constitute an instrumentality within the judiciary of the State of Georgia for the purpose of licensing and disciplining the members of the State Bar of Georgia, and for other purposes.

HB 798. By Messrs. Milhollin of Coffee and Dorminy of Ben Hill:
A Bill to be entitled an Act to provide for compulsory motor vehicle liability insurance, and for other purposes.

HB 799. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend an Act relating to giving notice for the termination of a tenancy at will, so as to clarify the time when such notice is to be given, and for other purposes.

HB 800. By Mr. McClelland of Fulton:
A Bill to be entitled an Act prohibiting false wholesale advertising and misrepresenting the true nature of business, and for other purposes.

HB 801. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to authorize Guardians, Executors, Admin istrators, Trustees, Fiduciaries and Custodians for minors to invest funds in securities of or issued by any open-end or closed-end manage ment type investment company or investment trust, which are author ized to be sold in Georgia, and for other purposes.

HB 802. By Messrs. Lane of Bulloch, Parker of Screven, Johnson of Jenkins, Dicus of Muscogee, Hull of Richmond, Fordham of Bulloch, Pickard of Muscogee and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to the use of timing devices or radar equipment to enforce safety regulations, so as to change the provision relating to application of the Act within limits of incorporated municipalities, and for other purposes.

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319

HB 803. By Messrs. Echols of Upson, Paris of Barrow and Phillips of Bibb:
A Bill to be entitled an Act to amend an Act regulating malt beverages, and for other purposes.

HB 804. By Mr. Killian of Glynn:
A Bill to be entitled an Act authorizing the counties of this State to sell lost or abandoned personal property located within the county, and for other purposes.

The following Interim Committee report was received:
REPORT OP THE 1961 UNINSURED MOTORS COMMITTEE
Pursuant to House Resolution No. 198 passed by the 1961 session of the General Assembly, this committee was created to study the uninsured motorist problem in Georgia. The speaker appointed the fol lowing Representatives to serve as members: David C. Jones, Worth County; Bob C. Cloer, Towns County; Sam S. Singer, Stewart County; John E. Sheffield, Jr., Brooks County; and William C. Wickham of Muscogee County. At its initial meeting the committee elected David C. Jones, Chairman and Bob C. Cloer, Secretary. This committee is pleased to submit to the members of the 1962 Session of the General Assembly the following report:
During the past 35 years various forms of financial responsibility laws have been enacted by all of the states except Massachusetts. There are two methods which are used in an attempt to remedy the problems of the financially irresponsible motorist. One is the security deposit required of those motorists involved in accidents who are not covered by insurance. The other method provides that there should be some form of assurance that those motorists who are financially irresponsible will carry adequate protection in the future since proof of financial responsibility for a specified period in the future is often required.
The specific provisions differ among the states but this lays the foundation for consideration of ways in which the Georgia law may be strengthened to remedy the problem of the uninsured motorist in Georgia.
RECOMMENDATIONS
1. Reduction of Amount of Injury.
The present Georgia law provides for the deposit of security in cases of injury in excess of $100.00 to person and property. This committee recommends that this be reduced to $50.00 Such a reduction would broaden the application of the financial responsibility law.
2. Minimum Security Deposit
A minimum limitation is not now established by law, but is set

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by the director. The minimum deposit should be set at $400.00, thereby providing inducement for motorists to be financially responsible.
3. Period of Suspension and Revocation.

The duration of suspension for failure to make a deposit of security should be extended from the present one (1) year to two (2) years. This would result in a greater restriction on financially irresponsible drivers.
4. Future Proof of Financial Responsibility

Presently there is no requirement in the Georgia Law of future proof of financial responsibility. Your committee recommends that the law require that, whenever an operator or owner must deposit security for a past accident, he will give and maintain proof of financial responsibility for two (2) years.
5. Fee for Reissuance of License

The law makes no provision for charging a fee for reissuance of a license after it has been suspended or revoked under the motor vehicle law. We recommend that a $10.00 fee be charged. It is appropriate that those who come under the law and are responsible for a sub stantial portion of the administrative costs should bear a share of its cost.
6. Require an uninsured motorist convicted of any moving traffic violation to obtain insurance and, upon a second conviction, to maintain insurance (or other proof of financial responsibility) for two (2) con secutive years.

Your committee held a public hearing on this problem and several witnesses from the insurance industry and agents association were heard.
Respectfully submitted,
/s/ David C. Jones, Chairman
/&/ Bob Cloer, Secretary

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:

SB 169. By Senator Jackson of the 24th: A Bill authorizing the County Commissioners or other governing author-

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321

ities in certain counties to create Emeritus Offices for retiring depart ment heads of said county government; and for other purposes.

SB 170. By Senators Raynor of the 4th, Hart of the 53rd and Ponsell of the 5th:
A Bill to amend an Act providing for absentee voting by members of the military, approved Feb. 26, 1953, (Ga. Laws 1953, Jan.-Feb. Sess., p. 224), as amended, so as to fix the date for holding political party primaries; and for other purposes.

SB 185. By Senator Waters of the 41st:
A Bill to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, approved Aug. 16, 1920 (Ga. Laws 1920, p. 598), as amended, so as to change the compensation of said Commissioner; and for other purposes.

SB 187. By Senator Veazey of the 19th:
A Bill to amend an Act creating and incorporating the City of Warrenton in lieu of the Town of Warrenton, approved July 30, 1908 (Ga. Laws 1908, p. 966), as amended; and for other purposes.

SB 190. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved Feb. 28. 1874, and the several Acts amendatory there of; and for other purposes.

SB 191. By Senator Grayson of the 1st:
A Bill revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said town to the Town of Thunderbolt, approved July 21, 1921, (Ga. Laws, 1921, p. 1122), as amended, to enlarge the corporate limits of the Town of Thunderbolt, repeal all conflicting laws; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate to wit:

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SR 111. By Senator Knox of the 54th:
A Resolution designating Police Week and Peace Officers Memorial Day; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:

HR 390. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Resolution paying tribute to the Mayors and other municipal officials and employees; and for other purposes.

HR 391. By Mr. Fowler of Douglas:
A Resolution requesting the Board of Regents to renovate and construct certain buildings at the University of Georgia; and for other purposes.

HR 396. By Messrs. Strickland of Evans, Newton of Colquitt and others:
A Resolution commending the Board of Regents of the State of Georgia relating to the Seminar on American Strategy, making recommendations to the Board of Regents; and for other purposes.

HR 397. By Messrs. Vaughn of Rockdale, Mackay, Rutland and Howard of DeKalb:
A Resolution relative to visiting Stone Mountain; and for other purposes.

By unanimous consent, the following Resolution of the House was read and adopted:

HR 410. By Mr. Funk of Chatham:
A RESOLUTION
Requesting the Georgia Ports Authority to utilize Georgia labor; and for other purposes.

MONDAY, JANUARY 22, 1962

323

WHEREAS, the Georgia Ports Authority is to let a contract for a large amount of Georgia port work in Savannah, Georgia; and

WHEREAS, the Georgia Ports Authority engages in a large amount of construction and maintenance work in all of its many projects; and

WHEREAS, particularly in Savannah, laborers from other States compete with Georgia citizens for jobs on State port projects; and

WHEREAS, it is highly desirable that Georgia laborers be used as much as possible on such work.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Ports Authority is hereby requested and urged to use as many Georgia laborers as possible in all its construction and maintenance projects and that the Authority particularly exert efforts in this direction on the forthcoming contract for work in Savannah and other projects on the Savannah ports.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to immediately transmit a copy of this Resolution to each member of the Georgia Ports Authority.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill amending Title 114 of the Code of Georgia of 1933, relating to the Workmen's Compensation Law of Georgia, and for other purposes.

The Committee on Industrial Relations offered a Substitute which was read:

Mr. Twitty of Mitchell asked unanimous consent that HB 228 and the Sub stitute thereto be postponed until tomorrow morning, Tuesday, January 23, 1962, and the consent was granted.

SB 36. By Senators Lambert of the 28th and Towson of the 16th:
A Bill amending Code Section 53-503, relating to the separate estate of a wife, striking the provisions prohibiting a wife from binding her separate estate by a contract of suretyship, and for other purposes.

The report of the Committee which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Stephens Ballard Barnett of Wilkes Barrett Black Brooks of Fulton Brown Chandler Clarke of Monroe Crawford Crowe Deen Dickey Dicus Dollar Duncan of Fannin Fitzgerald Flexer Fordham Greene Hale Hall of Lee

Harrell Horton Howard Johnson Joiner Jones of Lumpkin Jones of Sumter Kelly Kidd Killian Killingsworth King Knight of Berrien Lane Loggins Lowrey McCracken McCutchen McDonald Melton Milhollin Moorman Moss Paris

Those voting in the negative were Messrs.:

Adams Andrews of Hall Barber Barnett of Baker Birdsong Blalock Bowen of Randolph Brackin Branch Busbee Caldwell Chance Clark of Catoosa Cloer Culpepper Dorminy Echols Flynt Fowler of Treutlen Funk Fuqua Hendersoii Hull

Jordan Keadle Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lokey Lovett Massee McClelland Miller Mixon Moore Morgan Morris Murphy Odom Otwell Farmer Pelham Phillips of Columbia Rainey Shuman

Parker of Screven Payton Phillips of Walton Phillips of Bibb Poole Potts Raulerson Rowland Sangster Scog-gin Simmons Simpson Sinclair Smith of Fulton Steis Tamplin Taylor of Bibb Thornton Todd Vaughn Walker of Lowndes Wells of Camden Young
Smith of Brantley Smith of Whitfield Stevens Story Tabb Taylor of Dawson Twitty Undercofler Underwood of
Montgomery Waldrop Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Woodward

MONDAY, JANUARY 22, 1962

325

Those not voting were Messrs.:

Arnsdorff Baughman Boggs Bolton
Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Budd Bynum Cocke Coker Collins Conner Cox Davis Doster Duncan of Carroll Dunn Fleming Ployd Fowler of Douglas

Hall of Floyd Hill
Hodges Hurst Jones of Liberty Jones of Worth Keyton Kimmons Kirkland Lee of Clinch Lewis of Burke Mackay Matthews of Clarke Matthews of Colquitt McGarity Moate Mullis NeSmith Newton Pannell Parker of Ware Parker of Appling Pickard

Purcell Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rutland Scarborough Sheffield Singer Smith of Grady Smith of Whitfield Strickland Stuckey Taylor of Decatur Teague Tucker Underwood of Taylor Walker of Telfair Wickham Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 71, nays 66.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Rowland of Johnson served notice that at the proper time he would ask the House to reconsider its action in failing to pass SB 36.

Under the General Order of business, the following Bill of the House was again taken up for consideration.

HB 263. By Messrs. Bowen of Randolph, Summers of Crisp, and many others:
A Bill repealing an Act providing for the compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays, and for other purposes.

The report of the Committee which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bowen of Randolph Fitzgerald

Killingsworth

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Cox Crawford Crowe Davis Deen Dickey Dollar

Dorminy Duncan of Fannin Dunn Echols Fleming Flexer Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey

Steis
Mackay Massee Matthews of Clarke McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Murphy Odom Otwell Paris Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Roper Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons

MONDAY, JANUARY 22, 1962

327

Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Stevens Story Tabb Tamplin Taylor of Dawson Taylor of Bibb

Thornton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee

Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young Woodward

Those not voting were Messrs.:

Cocke Collins Conner Culpepper Dicus Doster Duncan of Carroll Fordham Hall of Lee Hurst Jones of Sumter Kimmons

Kirkland Lewis of Burke Lovett Matthews of Colquitt Mullis NeSmith Newton Pannell Parker of Screven Parker of Ware Parker of Appling Rodgers of Charlton

Ross Scarborough Singer Strickland Stuckey Taylor of Decatur
Teague Todd Tucker Vaughn Wells of Dawson Mr. Speaker

On the passage of the Bill, the ayes were 4, nays 164.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Messrs. Duncan of Carroll, Parker of Appling, and Barrett of Cherokee stated that they were absent from the Hall of the House when the roll was called but had they been present they would have voted "Nay" on HB 263.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:30 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock a.m.

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Representative Hall, Atlanta, Georgia Tuesday, January 23, 1962.

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. James Agee, Pastor, First Meth odist Church, McRae, Georgia:
0 God the Father of us all, in this Great Hall of Freedom, direct us to bow at the Altar of Prayer that our Fathers built at the nation's founding; let us kneel here to listen before we speak. In so turbulent a time with its tumult and shouting, help us to find the quiet places, the still waters, the green pastures, that our frayed minds and hearts might be restored. We are reminded, our Father that the very justice and welfare committed to our care is rooted and grounded in thy very will. Keep us in the grasp of thy firm hand in order that this days' words and deeds may not mar or hurt the helpfulness that thou would'st do for us and through us. We would be the instruments of thy will, not the builders of a god-state, whose altars are prisons of the mind and body, and too, make us the individual lights of thy presence in the work of free nations,
In Jesus name, Amen.

The Roll Call was ordered and the vote was as follows:

Abney Adams Akins Andrews of Stehens Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton

Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Cox Crowe Culpepper Davis Been Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald

Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Suniter Jordan

TUESDAY, JANUARY 23, 1962

329

Keadle Kelly Keyton Kidd Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCrutchen Milhollen Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis

Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scarborough Scoggin Sheffield Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley

Smith of Pulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.

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2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Mr. Sheffield of Brooks arose to a point of personal privilege and addressed the House.

By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 824. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to place a limitation on the amount received by certain State officials or Emeritus officials, and for other purposes.
Referred to the Committee on State of Republic.

HB 825. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of Dudley, and for other purposes.
Referred to the Committee on Local Affairs.

HB 826. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to amend an Act relating to rules for granting letters of administration, so as to provide that creditor with either a liquidated or an unliquidated claim against an estate may be appointed to administer the estate; and for other purposes.
Referred to the Committee on Judiciary.

HB 827. By Mr. Cloer of Towns:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Towns County, and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 23, 1962

331

HB 828. By Mr. Cloer of Towns:
A Bill to be entitled an Act to change the compensation of the Ordinary of Towns County from the fee system to the salary system, and for other purposes.
Referred to the Committee on Local Affairs.

HB 829. By Mr. Cloer of Towns:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Towns County into the one office of Tax Commis sioner of Towns County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 830. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act concerning notaries public who are stockholders, directors or employees of banks or other corpora tions, so as to clarify certain provisions of said Act, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 831. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the provisions for the suspension of licenses by the Director, and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 404-831. By Mr. Dorminy of Ben Hill:
A Resolution proposing an amendment to the Constitution so as to create the Fitzgerald and Ben Hill County Development Authority, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 405-831. By Mr. Cloer of Towns:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Towns County by the people, and for other purposes.
Referred to the Committee on Local Affairs.

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HR 406-831. By Mr. Smith of Fulton:
A Resolution proposing an amendment to the Constitution providing that any person convicted for the fourth time of a felony must serve maximum sentence decreed without possibility of pardon or parole; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 832. By Messrs. Adams of Polk, Brooks and McClelland of Fulton, Killian of Glynn, Moate of Hancock, Kidd of Baldwin and others:
A Bill to be entitled an Act to provide that all hospitalization, sickness and accident insurance must contain notice in red letters on the first page of the contract of when it will be cancelled, revoked, or not re newed, and for other purposes.
Referred to the Committee on Insurance.

HR 407-832. By Mr. Williams of Hall: A Resolution compensating Mr. W. 0. Reed, Jr., and for other purposes.
Referred to the Committee on Appropriations.

HR 408-832. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate Ernest Head, Jr., and for other purposes.
Referred to the Committee on Appropriations.

HR 409-832. By Mr. Sinclair of Macon: A Resolution proposing an amendment to the Constitution so as to provide for the election by the people of members of the Board of Education of Macon, County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 833. By Messrs. Milhollin and Williams of Coffee: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in the County of Coffee and for other purposes.
Referred to the Committee on Local Affairs.
HB 834. By Messrs. Milhollin and Williams of Coffee: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Douglas, and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 23, 1962

333

HB 835. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to clarify the license fees for trucks hauling forest prod ucts, fertilizer and agricultural products and for truck-tractors pulling trailers hauling forest products, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 836. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to amend an Act relating to credit unions, so as to provide that members of the Board of Directors may serve on the Credit Committee, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 837. By Messrs. Hull, Fleming and Fuqua of Richmond and Barrett of Cherokee:
A Bill to be entitled an Act to amend the Banking Law of Georgia, so as to provide that in no event shall any such bank hold shares in small business investment companies in an amount aggregating more than two per cent of its capital and unimpaired surplus, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 838. By Mr. McDonald of White:
A Bill to be entitled an Act to increase the compensation of the Ordi naries in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 839. By Messrs. Fuqua and Hull of Richmond, McClelland and Brooks of Fulton, Jones of Worth, Birdsong of Troup, Flexer of Glynn:
A Bill to be entitled an Act to regulate corporations and other persons doing business as building associations, savings and loan associations, building and loan associations, or on the building society plan, which corporations and other persons are not Federal Savings and Loan Asso ciations and are not chartered pursuant to the Building and Loan Act, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 840. By Messrs. Hull and Fuqua of Richmond, Brooks and McClelland of Fulton, Flexer of Glynn, Birdsong of Troup and others:
A Bill to be entitled an Act to amend an Act known as the Building

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and Loan Act by providing that the. Secretary of State shall be the Georgia Savings and Loan Commissioner; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 841. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to provide that in all criminal trials, except when defendant enters a plea of guilt, the jury shall pass only on the guilt or innocence of the accused; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 842. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act authorizing a stenographer to be present with the Grand Jury in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 843. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to provide for the establishment of fire prevention districts in Clayton County pursuant to constitutional pro visions relative thereto, and for other purposes.
Referred to the Committee on Local Affairs.

HB 844. By Mr. Baughman of Early:
A Bill to be entitled an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes.
Referred to the Committee on Local Affairs.

HB 845. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, so as to extend the corporate limits of the City of Blakely, and for other purposes.
Referred to the Committee on Local Affairs.

HB 840. By Messrs. Sccggin of Floyd, Williams of Hall, Odom of Dougherty, Murphy of Haralson, Tamplin of Morgan and Taylor of Dawson:
A Bill to be entitled an Act to amend an Act which provides for the right of contribution among several trespassers so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes.
Referred to the Committee on Judiciary.

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335

HB 847. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act to establish a City Court in the City of Columbus and for Muscogee County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 848. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner, and for other purposes.
Referred to the Committee on Local Affairs.

HB 849. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Ployd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.
Referred to the Committee on Local Affairs.

HB 850. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act to establish the salary of the Ordinary of Sumter County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 851. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act to fix the compensation or salary of the treasurer of Sumter County in lieu of commissions or other compensation now received by him, and for other purposes.
Referred to the Committee on Local Affairs.

HB 852. By Messrs. Killian and Plexer of Glynn:
A Bill to be entitled an Act to amend an Act which increases the salary paid to the Judge of the Juvenile Court of Glynn County, and for other purposes.
Referred to the Committee on Local Affairs.

HR 411-852. By Messrs. Killian and Flexer of Glynn:
A Resolution proposing an amendment to the Constitution so as to create the Brunswick and Glynn County Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

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HR 412-852. By Mr. Bowen of Toombs: A Resolution to compensate J. C. Taylor, and for other purposes.
Referred to the Committee on Appropriations.

HR 413-852. By Mr. Bowen of Toombs:
A Resolution to compensate John Lewis Taylor and Amy Taylor, and for other purposes.
Referred to the Committee on Appropriations.

HR 414-852. By Mr. Bowen of Toombs: A Resolution to compensate Tommy Lee Taylor; and for other purposes.
Referred to the Committee on Appropriations.

HB 853. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide for the support of existing inde pendent school systems by municipal corporations authorized to main tain same by the Constitution of Georgia; to authorize ad valorem tax ation by such municipal corporations for the support of such independent school systems, and for other purposes.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 805. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to create and incorporate Richmond Hill, in the County of Bryan, and grant a charter to that municipality under that name and style; and for other purposes.

HB 806. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act providing for the compensa tion of the Sheriff, the deputy Sheriff and the Clerk of the Superior Court of Bryan County, and for other purposes.

HB 807. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to create the Ty Cobb Baseball Memorial Commission; and for other purposes.

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337

HB 808. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend the contingent section of the General Appropriations Act, so as to provide an appropriation for the Ty Cobb Baseball Memorial Commission, and for other purposes.

HB 809. By Messrs. Singer of Stewart, Hurst of Quitman, Dicus and Wickham of Muscogee and Jones of Worth:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act, so as to amend the appropriations to the Depart ment of Commerce, and for other purposes.

HB 810. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide that when income from an estate or trust is actually used for a person's support, the legal obligation of persons having a legal obligation to support is reduced to that extent, and for other purposes.

HB 811. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act providing a new Charter for the Town of Bremen, and for other purposes.

HB 812. By Messrs. Caldwell of Upson, Brooks of Pulton and Twitty of Mitchell:
A Bill to be entitled an Act to increase the salaries of Superior Court Judges, and for other purposes.

HB 813. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, and for other purposes.

HB 814. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act to fix the salary of the Treasurer of Butts County, in lieu of commissions as are now paid, and for other purposes.

HB 815. By Mr. Woodward of Butts:
A Bill to be entitled an Act to provide that the Coroner in certain counties shall be compensated on a salary basis rather than a fee basis, and for other purposes.

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HB 816. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Emanuel County, and for other purposes.

HB 817. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act so as to provide that commissions allowed to Tax Commissioners shall be paid by County funds in certain counties, and for other purposes.

HB 818. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to repeal an Act relative to the salaries of officials in certain counties; to enact provisions to provide for the compensation of County officials of Troup County, and for other purposes.

HB 819. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Troup, and for other purposes.

HB 820. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act to make appropriations for the operation of the State Government, so as to provide contingent appropriations to the Department of Revenue for the purpose of carrying the Motor Vehicle Certificate of Title Act, and for other purposes.

HB 821. By Messrs. Matthews of Clarke and Killian of Glynn:
A Bill to be entitled an Act to amend the Act creating the State Litera ture Commission, so as to provide for the declaratory relief, and for other purposees.

HB 822. By Messrs. Matthews of Clarke and Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to the sale or exhibition of obscene pictures, and for other purposes.

HR 402-822. By Mr. Otwell of Porsyth: A Resolution to compensate Melvin Hubbard; and for other purposes.

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339

HR 403-822. By Mr. Baughman of Early:
A Resolution proposing an amendment to the Constitution exempting Early County from certain taxation, and for other purposes.

HB 823. By Messrs. Smith of Emanuel and Hill of Meriwether: A Bill to be entitled an Act to amend an Act known as "The Soil Con servation Districts Law", so as to change the name of said Act, and for other purposes.
Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local 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 House with the following recommendations:
HB 758. Do Pass. HB 772. Do Pass. HB 775. Do Pass. HB 776. Do Pass. HB 777. Do Pass. HB 778. Do Pass. HB 779. Do Pass. HB 780. Do Pass. HR 377-774. Do Pass. HR 380-774. Do Pass. HR 381-774. Do Pass. HR 388-793. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.
Mr. Williams of Hall County, Secretary of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles 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 House with the following recommendations:
HB 795. Do Pass, by Substitute. HB 794. Do Pass. HB 802. Do Pass, by Substitute. HB 731. Do Not Pass. HB 713. Do Pass.
Respectfully submitted, Williams of Hall, Secretary.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 736. Do Pass. Respectfully submitted, Cox of Clarke, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic, has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 327. Do Pass. HB 656. Do Pass. HB 723. Do Pass, by Substitute. HB 743. Do Pass, by Substitute. HB 793. Do Pass. HB 771. Do Pass. HB 392. Do Pass, by Substitute, as Amended.

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341

HB 458. Do Pass, by Substitute. HB 807. Do Pass. HB 745. Do Pass. HB 770. Do Pass. HB 774. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill and Resolution of the Senate to wit:
SB 189. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to amend an Act known as the "State-Wide Probation Act," approved Feb. 8, 1956 (Ga. Laws 1956, p. 27), as amended particularly by an Act approved Feb. 14, 1958 (Ga. Laws 1958, p. 15), so as to pro vide subsistence for each member of the State Board of Probation; to repeal conflicting laws; and for other purposes.

SR 102. By Senator Knox of the 54th:
A Resolution to create a committee to investigate the feasibility of creating a Georgia Housing Administration; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HB 715. By Mr. Smith of Emanuel:
A Bill to repeal Section 75-111 of the Code of Georgia of 1933 which pertains to the firm name of partnerships and of the use of the names

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of individuals not actually partners and provide certain penalties in connection therewith; and for other purposes.

HR 399. By Mr. Smith of Emanuel:
A Resolution expressing appreciation to the Board of Regents; and for other purposes.

HR 400. By Messrs. Parker of Appling, Davis of Wayne, Jones of Liberty and many others:
A Resolution commending the Commanding General of Fort Stewart, Brigadier General Lester S. Bork, and the Provost Marshal of Fort Stewart, Major Eugene T. Carson; and for other purposes.

HR 401. By Messrs. Parker of Appling, Davis of Wayne and Parker and Hodges of Ware:
A Resolution commending Battery "A" of the 2nd Howitzer Battalion (105-MM) (SP), 118th Artillery, Georgia Army National Guard; and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 776. By Messrs. Hodges and Parker of Ware:
A Bill amending an Act entitled "An Act to provide and establish a new charter for the City of Waycross in the County of Ware" so as to extend the city limits of the City of Waycross, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 780. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill amending the Charter of the City of Columbus, authorizing the creaton of an Executive Board Emeritus, fixing the compensation of said Board members, and for other purposes.

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343

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 779. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill amending the Charter of the City of Columbus, providing that the City Commission of the City of Columbus shall be authorized by the passage of appropriate ordinances to fix the dates of general or regular City elections, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 758. By Messrs. Brooks, McClelland and Smith of Fulton, Howard, Mackay and Rutland of DeKalb:
A Bill amending an Act establishing a new charter for the City of Atlanta, relating to annexation of territory, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 772. By Messrs. Ware and Birdsong of Troup:
A Bill amending an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits, and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 775. By Mr. Barnett of Wilkes:
A Bill amending an Act which created a new charter to the City of Washington, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 777. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill amending the Charter of the City of Columbus, vesting power and authority in the City to delegate to the Board of Managers of the City Hospital of the City the right to contract for expenditures for capital improvements, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 778. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Bill amending an Act relating to the South Commons of the City of Columbus and relating to the authority of the City of Columbus to lease, sell, or divert to uses other than park or playground purposes the portions of the South Commons therein described, and for other purposes.

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345

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

Mr. Rowland of Johnson asked unanimous consent that the House reconsider its action in not giving the requisite constitutional majority to the following Bill of the Senate:

SB 36. By Senators Lambert of the 28th and Towson of the 16th:
A Bill amending Code Section 53-503, relating to the separate estate of a wife, striking the provisions prohibiting a wife from binding her separate estate by a contract of suretyship, and for other purposes.

There was objection to the unanimous consent request.

Mr. Rowland of Johnson moved that the House reconsider its action in failing to pass SB 36. The Roll Call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Ballard Barrett Baughman Bowen of Toombs Branch Brooks of Fulton Brown Cloer Crowe Deen Dicus Duncan of Carroll Fitzgerald Floyd Flynt Fordham Fowler of Douglas Greene Hall of Lee

Hall of Ployd Harrell Henderson Hodges Horton Howard Joiner Jones of Worth Jones of Lumpkin Kelly Killingsworth Kirkland Knight of Berrien Lane Lewis of Burke Logging Lokey Massee Moate Moorman Morris

Pannell Paris Parker of Appling Farmer Phillips of Walton Phillips of Bibb Potts Raulerson Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scoggin Sheffield Simpson Sinclair Smith of Brantley Smith of Fulton Steis

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Taylor of Bibb Thornton Todd

Vaughn Wells of Camden White

Wilkes Williams of Coffee Young

Those voting in the negative were Messrs.:

Adams Andrews of Hall Barnett of Baker Black Blalock
Boggs Bowen of Randolph Brackin Busbee Bynum Caldwell Culpepper Davis Dickey Dunn Echols Plexer Fowler of Treutlen Funk Hull Jones of Sumter

Jordan Keadle Killian
Knight of Laurens Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lovett Lowrey Matthews of Colquitt McCutchen Milhollin
Mixon Moore Morgan Moss Murphy Odom Pelham Poole

Purcell Rainey Scarborough Simmons Smith of Habersham Story Stuckey Tabb Tamplin Taylor of Dawson Twitty Undercofler Underwood of
Montgomery Waldrop Walker of Telfair Wells of Oconee Williams of Hall Willingham Wilson Woodward

Those not voting were Messrs.:

Akins Arnsdorff Barber Barnett of Wilkes Birdsong Bolton Boyett Bozeman Brantley Brooks of Oglethorpe Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Coker Collins Conner Cox Crawford Dollar Dorminy
Doster

Duncan of Fannin Fleming Fuqua Hale Hill Hurst Johnson Jones of Liberty Keyton Kidd Kimmons King Mackay Matthews of Clarke McClelland McCracken McDonald McGarity Melton Miller Mullis NeSmith Newton Otwell

Parker of Screven Parker of Ware Payton Phillips of Columbia Pickard Roberts Ross Shuman Singer Smith of Grady Smith of Whitfield Stevens Strickland Taylor of Decatur Teague Tucker Underwood of Taylor
Walker of Lowndes Ware Watson Wells of Peach Wickham Mr. Speaker

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347

On the motion to reconsider, the ayes were 72, nays 62.

The Bill was placed upon the General Calendar.

Under the General Order of Business the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 375-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowier of Douglas, and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article III, Section IV, Paragraph III of the Constitution, as amend ed, is hereby amended by striking said 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 General Assembly shall meet in regular session on the second Monday in January, 1963, and every odd-numbered year thereafter, for no longer than twelve (12) days to organize, to re ceive the proposed General Appropriations Bill, and to attend to other matters, and reconvene on the second Monday in March of each odd-numbered year for no longer than thirty-three (33) days. The General Assembly shall meet in regular session on the second Monday in January, 1964, and in every even-numbered year there after. By concurrent resolution adopted by a majority of members elected to both Houses of the General Assembly, the General As sembly may adjourn any regular session to such later date as it max fix for reconvening in regular session, but shall remain in regular session no longer than forty-five (45) days in the aggregate in odd-numbered years, and no longer than forty (40) days, in the aggregate, in even-numbered years during the terms for which members were elected. All business pending in the Senate or House at the adjournment of any regular session may be considered at any later 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 As sembly in extraordinary session, or the duty of the Governor to

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convene the General Assembly in extraordinary session upon the certificate of three fifths of the members elected to the Senate and the House of Representatives, as provided in Article V, Section I, Paragraph XII (Section 2-3012) of this Constitution. If an impeachment trial is pending at the end of any regular or extra ordinary session, the Senate may continue in session until such trial is completed."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly.

"Against ratification of amendment to the Constitution so as to change the provisions relating to meetings of the General As sembly."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 375-772 as follows:
By striking from Section II the language which is quoted to appear on the ballot, and inserting in lieu thereof the following:
"For ratification of amendment to the Constitution so as to furnish the people's elected representatives in the General Assembly

TUESDAY, JANUARY 23, 1962

349

sufficient time to study matters relating to the expenditure of public funds.

"Against ratification of amendment to the Constitution so as to furnish the people's elected representatives in the General As sembly sufficient time to study matters relating to the expenditure of public funds."

Mr. Matthews of Colquitt offered the following amendment which was read and adopted:
Mr. Matthews of Colquitt moves to amend HR 375-772 by changing the words "second Monday in March" in the sixth line of paragraph III to read "Last Monday in February."

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell

Chance Chandler Clarke of Monroe Cloer Coker Collins Cox Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham

Fowler of Douglas Folwer of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Killian Killingsworth

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JOURNAL OF THE HOUSE,

Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McClelland McCracken McCutchen McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy

Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scarborough Scoggin Sheffield Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham

Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Barber Barnett of Wilkes Bolton Boyett Budd Clark of Catoosa Cocke Conner Crawford

Jones of Liberty Keyton Kidd McDonald Melton NeSmith Newton Purcell Ross

Shuman Singer Smith of Whitfield Taylor of Decatur Teague Walker of Lowndes Wickham Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

Mr. Barber of Jackson stated that he was absent from the Hall of the

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351

House when the roll was called on HR 375-772 and when the roll was called for reconsideration of SB 36, but had he been present he would have voted "Aye".

HR 376-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for appropriation control and for the biennial preparation, submission and enactment of a General Appropriations Bill to fix limitations on appro priations; 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 I
Article VII, Section IX of the Constitution, as amended, is hereby amended by striking Paragraphs I and II of Section IX in their entirety, and inserting in lieu thereof new Paragraphs I and II to read as follows:
"Paragraph I. Preparation, submission and enactments of Gen eral Appropriations Bill.
(a) The Governor shall submit to the General Assembly, with in five days after its convening in January, 1963, and every two years thereafter, a budget message and a budget report, accompa nied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the vari ous departments and agencies, and to meet the current expenses of the State for each of the next two ensuing fiscal years.
(b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for each of the next two fiscal years. 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 admin istration of the State.
"Paragraph II. General Appropriation Act.
(a) Each General Appropriation Act, now of force or here after adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing

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JOURNAL OF THE HOUSE,

fiscal years 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 Con stitution and the continued appropriation of Federal grants.

(b) The General Assembly shall not appropriate funds for any fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus in the State Treasury at the close of the preceding fiscal year together with an amount not greater than the total revenue receipts, less refunds, of the State Treasury for the preceding calendar year. Supplementary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph III of this Constitution.

(c) All appropriated funds, except for the mandatory appro priations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of the fiscal year for which appropriated shall lapse and the total of such lapses together with the balance in the General Fund of the State Treasury shall constitute the State's unappropriated surplus.

(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 appropriation or expenditure of any funds for the pay ment of obligations under contracts, or the making of any contracts, pursuant to the provisions of Article VII, Section VI, Paragraph I (a) of this Constitution is prohibited at any time when the aggre gate annual payments under all such contracts, then existing or to be made, exceeds 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 its adoption or which conform to this provision at the time enter ed into hereafter. No State Public Authority shall issue or reissue bonds which will require and result in a lease contract between such Authority and any agency until the General Assembly has specifically provided funds in an Appropriations Act for the pay ment of at least one year's rental under such lease contracts."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed 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:

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353

"For ratification of an amendment to the Constitution so as to provide for improved appropriations control and to promote economy and efficiency in budget matters.

"Against ratification of an amendment to the Constitution so as to provide for improved appropriations control and to promote economy and efficiency in budget matters."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of thia 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 following amendments were read and adopted:
Mr. Pannell of Murray moves to amend HR 376-772 as follows:
By striking Subparagraph (e) of Paragraph II in Section I in its entirety and inserting in lieu thereof a new Subparagraph (e) to read as follows:
"(e) The appropriations or expenditures of any funds for the payment of obligations under contracts, or the making of any con tracts, pursuant to the provisions of Article VII, Section VI, Para graph I (a) of this Constitution is prohibited at any time when the aggregate annual payments under all such contracts, then existing or to be made, exceeds 15% of the total revenue receipts, less re funds, of the State Treasury in the fiscal year immediately pre ceding the making and entering into of any such contract; pro vided, however, this provision shall not affect contracts validly entered into prior to its adoption or which conform to this provision at the time entered into hereafter. No State Public Authority shall issue or reissue bonds which will require and result in a lease con tract between such Authority and any agency until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such lease contracts. This provision shall not apply to funds of or to contracts entered into by any city, town, municipality, county, or local public authority."
Mr. Pannell of Murray moves to amend HR 376-772 as follows:
By striking Subparagraph (c) of Paragraph II in Section I in its entirety and inserting in lieu thereof a new Subparagraph (c) to read as follows:

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"(c) All appropriated funds, except for the mandatory appro priations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of the fiscal year for which appropriated shall lapse and the total of such lapses together with the balance in the General Fund of the State Treasury shall constitute the State's unappropriated surplus. Provided, however, the Budget Bureau is authorized to make available to a Budget Unit any funds lapsed at the end of the first fiscal year from such Budget Unit for budgeted expenditures, as provided by the General Appropriations Act, in the second fiscal year of the General Appro priations Act. At the termination of the General Appropriations Act, all unexpended appropriated funds, except for the mandatory appropriations required by this Constitution, and which are not contractually obligated, shall lapse."

Mr. Pannell of Murray, moves to amend HR 376-772 as follows:

By striking Subparagraph (b) of Paragraph II in Section I in its entirety and inserting in lieu thereof a new Subparagraph (b) to read as follows:

"(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 grand total Treasury receipts anticipated to be collected in the fiscal year, less refunds. Supple mentary appropriations, if any, shall be made in the manner pro vided in Article VII, Section IX, Paragraph III of this Constitution."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozernan Brackin Branch Brantley

Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer

TUESDAY, JANUARY 23, 1962

355

Cocke Coker Collins
Cox Crowe
Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard Hull Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly Keyton Killian Killingsworth Kimmons King

Kirkland Knight of Laurens Knight of Berrien Lane Langford
Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke
Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Rainey Raulerson

Roberts Rodgers of Charlton Rogers of Paulding Rowland Rutland
Sangster Scarborough Scoggin Sheffield Simmons Simpson Sinclair Smith of Grady Smith of Habersham Smith of Whitfield
Steis Stevens Story Strickland Stuckey
Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Walker of Lowndes
Ware Watson Wells of Peach Wells of Oconee Wells of Camden
White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Conner Crawford

Hurst Jones of Liberty

Jordan Kidd

356
McDonald NeSmith Newton Parker of Ware Purcell

JOURNAL OF THE HOUSE,

Roper Ross Shuman Singer Smith of Brantley

Smith of Fulton Taylor of Decatur Teague Walker of Telfair Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 184, nays 0.

The Resolution, having received the two-thirds requisite constitutional ma jority, was adopted, as amended.

SB 5. By Senators J. Willis Conger of the 8th and Carl Sanders of the 18th:
A Bill amending an Act creating the "Georgia Historical Commission", so as to change the provisions relating to the compensation of the Secretary of the Commission, and for other purposes.

The report of the Committee, which was favorable to passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Bowen of Toombs Boyett Brooks of Fulton Brown Budd Chance Clark of Catoosa Cloer Cox Crowe Culpepper Deen Dickey

Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Fuqua Greene Hall of Lee Henderson Hill Hull Joiner Jones of Sumter Jordan Killian

Killingsworth Kirkland Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moorman

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357

Morris Moss Mullis Murphy NeSmith Odom Otwell Parker of Screven Parker of Appling Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey

Roberts Rogers of Paulding Rutland Scarborough Sheffield Simpson Sinclair Smith of Pulton Steis Stuckey
Tabb Tamplin Thornton Tucker Twitty Underwood of
Montgomery

Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Willingham Wilson Woodward Young

Those voting in the negative were Messrs:

Bynum Hodg-es Horton King

Matthews of Colquitt Phillips of Bibb Smith of Brantley Smith of Habersham

Stevens Williams of Hall

Those not voting were Messrs.:

Adams Akins Andrews of Hall Ballard Barrett Black Blalock Boggs Bolton Bowen of Randolph Bozeman Brackin Branch Brantley Brooks of Oglethorpe Busbee Caldwell Chandler Clarke of Monroe Cocke Coker Collins Conner Crawford Davis Dorminy Doster Echols Fleming

Plynt Fowler of Treutlen Hale Hall of Floyd Harrell Howard Hurst Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Keadle Kelly Keyton Kidd Kimmons Knight of Laurens Knight of Berrien Lee of Clayton Lokey Lovett McCracken McDonald Miller Moore Morgan Newton Pannell Paris

Parker of Ware Farmer Payton Raulerson Rodgers of Charlton Roper Ross Rowland Sangster Scoggin Shuman Simmons Singer Smith of Grady Smith of Whitfield
Story Strickland Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd Undercofler Underwood of Taylor Walker of Lowndes Williams of Coffee Mr. Speaker

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On the passage of the Bill, the ayes were 110, nays 10.

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

Under the General Order of Business, the following Bills of the House were again taken up for consideration:

HB 274. By Mr. Dicus of Muscogee:
A Bill amending Code Section 53-102, relating to the capacity of persons to contract for marriage, so as to raise the minimum ages of the appli cant for a marriage license, and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 274 as follows:
"Provided, however, that the age limitations contained herein shall not apply upon proof of pregnancy on the part of the female being presented to the ordinary, in which case the parties may contract mar riage regardless of age.

Mr. Milhollin of Coffee offered the following amendment which was read and adopted:
Mr. Milhollin of Coffee, moves to amend HB 274 as follows:
By inserting after the word "person" and before the word "must" in the quoted matter cited as 53-102 in Section 1 the following words:
". . . must at the time of application for a marriage license furnish the ordinary with documentary evidence of proof of age in the form of a driver's license, baptismal certificates or birth certificate and . . ."
Mr. Dicus of Muscogee moved the previous question and the motion prevailed.

The Previous Question was ordered.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

TUESDAY, JANUARY 23, 1962

359

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Co eke Collins Cox Crowe Da vis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols

Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk
Fuqua Greene Hall of Lee Hall of Floyd Henderson Hodges Horton Howard Hull Hurst Johnson Joiner Jones of Worth Jones of Sumter Keadle Kelly Keyton Killian Killingsworth Kimmons King Kirkland Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moorman

Morgan Morris Mullis Murphy NeSmith
Odom Otwell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton
Rowland Sangster Scarborough Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens
Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton
Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn
Waldrop Walker of Lowndes

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Walker of Telfair Ware Watson Wells of Peach Wells of Oconee

Wells of Camden White Wickham Wilkes Williams of Coffee

Williams of Hall Woodward Young

Those voting in the negative were Messrs:

Abney Brown Coker Culpepper

Hale Lewis of Burke Logging Rogers of Paulding

Tucker Willingham Wilson

Those not voting were Messrs.:

Conner Crawford Fleming Floyd Harrell Hill Jones of Liberty Jones of Lumpkin Jordan Kidd Knight of Laurens Knight of Berrien

Lokey Matthews of Clarke McCracken McDonald Moss Newton Pannell Parker of Ware Phillips of Walton Potts Roper Ross

Rutland Scoggin Sheffield Shuman Simmons Singer Smith of Grady Stuckey Taylor of Decatur Teague Mr. Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 11.

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

HB 386. By Mr. Phillips of Bibb:
A Bill amending an Act establishing a Board of Funeral Service, so as to change the definition of "apprentice", and for other purposes.

The following amendments were read and adopted:
Mr. Hodges of Ware moves to amend HB 386 as follows:
"By striking Section No. 3 of said Bill in its entirety, and by re numbering the remaining Sections accordingly."
Mr. Phillips of Bibb moves to amend HB 386 as follows:
By striking from Section 1, thereof, as they appear in lines 8 and 9, the words which read:

TUESDAY, JANUARY 23, 1962

361

serving eight (8) hours per day five (5) days per week and substituting in lieu thereof the following:

serving an average of at least forty (40) hours per week; and

By striking from Section 1, as they appear on line 15 of pages two

(2) of said Bill the words:

serving eight (8) hours per day five (5) days per week and substituting in lieu thereof the following:

serving an average of at least forty (40) hours per week; and

By striking Section 6 of said Bill in its entirety and substituting in lieu thereof a new Section 6 which shall read as follows:

Section 6. Said Act is hereby further amended by inserting in Section 18 the words "of this State" after the words "holding a funeral director's license", so that, as amended, Section 18 shall read as follows:

Section 18. Licensed funeral directors required to operate es tablishments.--All funeral establishments and all branch establish ments shall be actually operated by a person holding a funeral director's license of this State, who in full and continuous charge, and who is a resident of this State. There shall be conspicuously displayed in all establishments the name of the person licensed to conduct such establishment.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Birdsong Blalock Bolton Branch Brooks of Fulton Budd Clarke of Monroe

Collins Cox Davis Dickey Dollar Duncan of Carroll Flexer Fordham

Fowler of Douglas Fuqua Hall of Lee Hill Hodges Howard Hull Hurst

362

JOURNAL OF THE HOUSE,

Killian King Lane Lee of Clayton Loggins Lovett Lowrey Mackay Matthews of Clarke McClelland Mixon Moate Morgan Morris

Paris Parker of Appling Phillips of Walton Phillips of Bibb Pickard Potts Rogers of Paulding Rowland Rutland Scarborough Sheffield Sinclair Smith of Fulton Smith of Habersham

Steis Story Taylor of Dawson Taylor of Bibb Thornton Twitty Waldrop Wells of Peach Wells of Camden Williams of Hall Wilson Woodward Young

Those voting in the negative were Messrs:

Abney Akins Andrews of Stephens Barber Barnett of Wilkes Barnett of Baker Baughman Black Bowen of Randolph Bowen of Toombs Bozeman Brown Busbee Bynum Chance Clark of Catoosa Cloer Culpepper Deen Doster Duncan of Fannin Dunn Fitzgerald Flynt Fowler of Treutlen Harrell Henderson

Horton Joiner Jones of Liberty Jones of Worth Jordan Keadle Keyton Killingsworth Kirkland Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Massee Matthews of Clarke McCutchen McGarity Milhollin Miller Moorman Moss Mullis
Murphy NeSmith Odom Otwell Farmer

Payton Pelham Poole Purcell Rainey Raulerson Roper Sangster Simpson Smith of Brantley Stevens Strickland Tabb Tamplin Todd Tucker Underwood of
Montgomery Vaughn Walker of Telfair Watson Wells of Oconee White Williams of Coffee Willingham

Those not voting were Messrs.:

Adams Arnsdorff Ballard Barrett
Boggs Boyett Brackin Brantley

Brooks of Oglethorpe Caldwell Chandler Cocke Coker Conner Crawford Crowe

Dicus Dorminy Echols Fleming Floyd Funk Greene Hale

TUESDAY, JANUARY 23, 1962

363

Hall of Floyd Johnson Jones of Lumpkin Jones of Sumter Kelly Kidd Kimmons Knight of Laurens Knight of Berrien Lokey McCracken McDonald
Melton

Moore Newton Pannell Parker of Screven Parker of Ware Phillips of Columbia Roberts Rodgers of Charlton Ross Scoggin Shuman Simmons
Singer

Smith of Grady Smith of Whitfield Stuckey Taylor of Decatur Teague Undercofler Underwood of Taylor Walker of Lowndes Ware Wickham Wilkes Mr. Speaker

On the passage of the Bill, as amended, the ayes were 65, nays 78.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 10:00 o'clock a.m. and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. tomor row morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 24, 1962.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Louis F. Kennedy, Pastor, First Baptist Church, Thomasville, Georgia.
Eternal God, our Heavenly Father, in this moment of silence we acknowledge that Thou art God. We feel our need of Thee. Cause this place to be a holy sanctuary for Thy Presence. If a sparrow cannot fall to the ground without Thy knowledge we know that nothing here can escape Thee this day. Grant that we shall not forget that we are responsible to Thee as well as to the citizens of Georgia.
We pray that this Assembly may have divine guidance, that honesty, justice, and righteousness may prevail; that decisions made here shall be for the good of our Commonwealth and not for the selfish interests of a few.
We thank Thee for the men and women who serve our State; for many hours of labor and sacrifice are given by so many. Give to each in this Assembly a mind great enough to understand our times, and a heart big enough to love all Thy people, for some are needy, cold, hungry, and under-privileged.
We pray for God's help for Governor Vandiver as he assumes his heavy responsibility this day, and for the one who presides over this Assembly, and upon all who have the responsibility of administering the government of our State, we ask God's blessing.
We pray for the President of the United States and those associated with him in the administration of the government of our great nation. We remember those who sit in the Congress in Washington. May Thy power and wisdom come upon them all. May our united efforts work together to bring peace on earth and good will among all men.
This prayer we make in the Name of the Prince of Peace and our Lord Jesus Christ. Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

WEDNESDAY, JANUARY 24, 1962

365

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Leave of absence was granted to Mr. Watson of Houston for Friday, January 26, 1962, for the purpose of seeing the Doctor.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate to wit:

SR 101. By Senator Ponsell of the 5th:
A Resolution proposing an amendment to the Constitution so as to provide that the City of Waycross may use the funds raised from the industrial levy in assisting, promoting and encouraging the location of industries in Ware County; and for other purposes.

SR 103. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph 3 of the Constitution of the State of Georgia of 1945, providing for tax equalization in Chatham County; and for other purposes.

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JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following Resolution of the House to wit:

HR 410. By Mr. Funk of Chatham:
A Resolution requesting the Georgia Authority to utilize Georgia Labor; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 854. By Mr. Wells of Camden:
A Bill to be entitled an Act to authorize and empower the City of St. Marys, Georgia, to abandon and close by ordinance certain streets, and for other purposes.

HB 855. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act revising, superseding, and consolidating the State Game and Fish Laws, so as to prohibit crab fishing in St. Andrews Sound with power drawn nets during the closed season on shrimp; and for other purposes.
Referred to the Committee on Natural Resources.

HB 856. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland; to provide for a system of natural or manufactured gas in said City, and for other purposes.
Referred to the Committee on Local Affairs.

HB 857. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland, relating to elections, and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 24, 1962

367

HB 858. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys, and for other purposes.
Referred to the Committee on Local Affairs.

HB 859. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act placing certain county officials of Camden County on a salary basis, and for other purposes.
Referred to the Committee on Local Affairs.

HR 415-859. By Mr. Wells of Camden:
A Resolution proposing an amendment to the Constitution so as to create the Kingsland Development Authority; and for other purposes.
Referred to the Committee on Spcial Judiciary.

HB 860. By Messrs. Taylor and Thornton of Bibb, Knight of Berrien, Baughman of Early, Flexer of Glynn and Mullis of Bleckley and others:
A Bill to be entitled an Act to create the Georgia Board of Floral Designers; and for other purposes.
Referred to the Committee on Industry.

HB 861. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act providing for the definition of certain words used concerning the regulation of motor common carriers, so as to define "for hire", and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 862. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act concerning the regulation of motor carriers, so as to define "for hire", and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 416-862. By Mr. Knight of Berrien:
A Resolution proposing an amendment to the Constitution so as to create the Berrien County Industrial Building Authority, and for other purposes.
Referred to the Committee on Special Judiciary.

368

JOURNAL OF THE HOUSE,

HB 863. By Messrs. Bowen of Toombs, Kirkland of Tattnall, Fowler of Treutlen, Arnsdorff of Effingham, Newton of Colquitt and Underwood of Mont gomery:
A Bill to be entitled an Act to amend an Act revising the State Game and Fish Laws, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.
Referred to the Committee on Natural Resources.

HB 864. By Messrs. Raulerson of Echols, Walker of Lowndes, Rodgers of Charlton, Rowland of Johnson and Rogers of Paulding:
A Bill to be entitled an Act to provide for the installation of windshields and tops on track cars operated by common carriers; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 865. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Milner, so as to provide said town with power to close certain streets, and for other purposes.
Referred to the Committee on Local Affairs.

HB 866. By Mr. Barnett of Baker:
A Bill to be entitled an Act to provide for the compensation of the persons holding the office of Tax Collector and Tax Receivers in certain counties, and for other purposes.
Referred to the Committee on Local Affairs.

HB 867. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act to provide an option to the grand jury of each county to permit the selection from the same jury box of all traverse jurors in all courts designated by the grand jury; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 868. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Bremen, so as to repeal the charter of Bremen and to enact in lieu thereof a new charter of said town, and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 24, 1962

369

HB 869. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act relating to weights and measures, so as to provide that it shall be lawful to sell corn and other grains on a one hundred weight basis, and for other purposes.
Referred to the Committee on Agriculture.

HB 870. By Messrs. Wells of Oeonee, Boggs of Madison, Lewis of Wilkinson, Fowler of Douglas, Murphy of Haralson, Tamplin of Morgan and others:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law and providing for powers and duties of the Division of Vital Statistics of the State Board of Health, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 871. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act so as to provide that the holder of certain notes that are in default may treat the note as accelerated; and for other purposes.
Referred to the Committee on Judiciary.

HB 872. By Mr. Massee of Pulaski:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate liimts of the City of Hawkinsville; and for other purposes.
Referred to the Committee on Local Affairs.

HB 873. By Mr. Massee of Pulaski:
A Bill to be entitled an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawk insville, and for other purposes.
Referred to the Committee on Local Affairs.

HB 874. By Mr. Massee of Pulaski:
A Bill to be entitled an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawkinsville; and for other purposes.
Referred to the Committee on Local Affairs.

370

JOURNAL OF THE HOUSE,

HB 875. By Messrs. Smith of Grady, Fowler of Douglas, Moate of Hancock, Busbee of Dougherty, Undercofler of Sumter and many others:
A Bill to be entitled an Act to amend an Act relating to the definition used in the Motor Carrier Act of 1931, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the trans portation of certain fresh vegetables, and for other purposes.
Referred to the Committee on Agriculture.

HE 417-875. By Messrs. Floyd of Chattooga, Rogers of Paulding, Knight of Berrien, Loggins of Chattooga, Massee of Pulaski and others:
A Resolution proposing an amendment to the Constitution so as to authorize future Governors to succeed themselves in office, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 418-875. By Mr. Rowland of Johnson:
A Resolution proposing an amendment to the Constitution so as to authorize governing body of Johnson County to levy an annual ad valorem tax, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 419-875. By Mr. Fowler of Treutlen: A Resolution to compensate Miss Dona Gillis, and for other purposes.
Referred to the Commitee on Appropriations.

HR 420-875. By Messrs. Bowen of Randolph, Hurst of Quitman, Williams and Andrews of Hall, Andrews of Stephens and Farmer of Heard:
A Resolution proposing an amendment to the Constitution so as to disqualify a write-in vote candidate unless he announced his intention or candidacy ten or more days prior to the election, and for other purposes.
Referred to the Committee on State of Republic.

HR 421-875. By Mr. Wells of Peach:
A Resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof, and for other purposes.
Referred to the Committee on Special Judiciary.

WEDNESDAY, JANUARY 24, 1962

371

HB 876. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to change the compensation of the coroner of Bartow County from the fee system to the salary system, and for other purposes.
Referred to the Committee on Local Affairs.

HB 877. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County, the Clerk of the Superior Court, the Ordinary and Sheriff, and for other purposes.
Referred to the Committee on Local Affairs.

HB 878. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act abolishing the office of county treasurer of Bartow County and providing that the Clerk of the Board of Commissioners shall perform the duties of treasurer, and for other purposes.
Referred to the Committee on Local Affairs.

HB 879. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 880. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County, and for other purposes.
Referred to the Committee on Local Affairs.

HB 881. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits of said City, and for other purposes.
Referred to the Commitee on Local Affairs.

372

JOURNAL OF THE HOUSE,

HB 882. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act, so as to provide for the redefinition of a lien holder; and for other purposes.
Referred to the Committee on Motor Vehicles:

HB 883. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act to make appropriations for the operation of the State Government, so as to provide contingent appropriations to the Department of Revenue for the purpose of carry ing the Motor Vehicle Certificate of Title Act, and for other purposes.
Referred to the Committee on Appropriations.

HB 884. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act relating to motor vehicles, so as to provide for annual fees for the licensing of private trucks and to provide for the basis on which private trucks are taxed annually, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 885. By Messrs. Bowen of Toombs, Arnsdorff of Effingham, Fowler of Treutlen, Johnson of Jenkins, Parker of Screven, Bowen of Randolph and others:
A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for the standardization of moisture testing equipment, and for other purposes.
Referred to the Committee on Agriculture.

HB 886. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton, and for other purposes.
Referred to the Committee on Local Affairs.

HB 887. By Mr. Doster of Wilcox:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Abbeville, and for other purposes.
Referred to the Committee on Local Affairs.

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373

HB 888. By Messrs. NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to amend the charter of the City of Man chester; to provide that the governing body of said city shall consist of five commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HR 422-888. By Mr. Lokey of McDuffie:
A Resolution proposing an amendment to the Constitution so as to create the Thomson and McDuffie County Development Authority, and for other purposes.
Referred to the Commitee on Special Judiciary.

HR 423-888. By Messrs. Greene and Crowe of Bartow:
A Resolution proposing an amendment to the Constitution so as to create the Cartersville Development Authority, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 889. By Messrs. Rowland of Johnson, Scoggin of Floyd and Chance of Twiggs:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to change the salary of any judge who shall have attained the age of 68 years and has served at least ten years as Judge of the Superior Court and for other purposes.
Referred to the Committee on Judiciary.

HB 890. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to criminal procedure, so as to provide that persons under the age of 18 years shall not be sentenced to death for the commission of a capital crime, but shall instead be sentenced to life imprisonment, and for other purposes.
Referred to the Committee on Judiciary.

HB 891. By Messrs. Smith of Emanuel, Caldwell of Upson, Lewis of Burke, Echols of Upson, Sheffield of Brooks and many others:
A Bill to be entitled an Act to amend an Act regulating the preparation, content and recording of maps or plats of survey of tracks or bodies of land, so as to provide a change in certain words and figures in said Act, and for other purposes.
Referred to the Committee on Judiciary.

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HR 424-891. By Messrs. Matthews and Newton of Colquitt:
A Resolution proposing an amendment to the Constitution so as to increase the authorized payment for the bringing in of the first com mercial oil well in this State, and for other purposes.
Referred to the Commitee on State of Republic.

HR 425-891. By Messrs. Matthews and Newton of Colquitt:
A Resolution to designate the State Park located on Little River in Colquitt, Cook and Tift Counties as the "Reed Bingham State "Park" and "Bingham Lake", and for other purposes.
Referred to the Committee on Natural Resources.

HR 426-891. By Messrs. McClelland, Brooks and M. Smith of Fulton, Mackay, Howard and Rutland of DeKalb:
A Resolution amending the Resolution creating the Fulton CountyCity of Atlanta Study Commission, so as to extend the time for making a report of its findings and recommendations, and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 824. By Mr. Lovett of Laurens: A Bill to be entitled an Act to place a limitation on the amount re ceived by certain retired State officials or Emeritus officials, and for other purposes.
HB 825. By Mr. Lovett of Laurens: A Bill to be entitled an Act to amend an Act incorporating the Town of Dudley, and for other purposes.
HB 826. By Mr. Barnett of Wilkes: A Bill to be entitled an Act to amend an Act relating to rules for granting letters of administration, so as to provide that a creditor with either a liquidated or an unliquidated claim against an estate may be appointed to administer the estate; and for other purposes.
HB 827. By Mr. Cloer of Towns: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Towns County, and for other purposes.

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375

HB 828. By Mr. Cloer of Towns:
A Bill to be entitled an Act to change the compensation of the Ordinary of Towns County from the fee system to the salary system, and for other purposes.

HB 829. By Mr. Cloer of Towns:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Towns County into the one office of Tax Com missioner of Towns County, and for other purposes.

HB 830. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act concerning notaries public who are stockholders, directors or employees of banks or other corpora tions, so as to clarify certain provisions of said Act, and for other purposes.

HB 831. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the provisions for the suspension of licenses by the Director, and for other purposes.

HR 404-831. By Mr. Dorminy of Ben Hill:
A Resolution proposing an amendment to the Constitution so as to create the Fitzgerald and Ben Hill County Development Authority, and for other purposes.

HR 405-831. By Mr. Cloer of Towns:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Towns County by the people, and for other purposes.

HR 406-831. By Mr. Smith of Fulton:
A Resolution proposing an amendment to the Constitution providing that any person convicted for the fourth time of a felony must serve maximum sentence decreed without possibility of pardon or parole; and for other purposes.

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HB 832. By Messrs. Adams of Polk, Brooks and McClelland of Fulton, Killian of Glynn, Moate of Hancock, Kidd of Baldwin and others:
A Bill to be entitled an Act to provide that all hospitalization, sickness and accident insurance must contain notice in red letters on the first page of the contract of when it will be cancelled, revoked, or not re newed, and for other purposes.

HR 407-832. By Mr. Williams of Hall: A Resolution compensating Mr. W. O. Reed, Jr., and for other purposes.

HR 408-832. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate Ernest Head, Jr., and for other purposes.

HR 409-832. By Mr. Sinclair of Macon:
A Resolution proposing an amendment to the Constitution so as to provide for the election by the people of members of the Board of Education of Macon County; and for other purposes.

HB 833. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in the County of Coffee and for other purposes.

HB 834. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Douglas, and for other purposes.

HB 835. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to clarify the license fees for trucks hauling forest products, fertilizer and agricultural products and for truck-tractors pulling trailers hauling forest products, and for other puposes.

HB 836. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to amend an Act relating to credit unions, so as to provide that members of the Board of Directors may serve on the Credit Committee, and for other purposes.

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377

HB 837. By Messrs. Hull, Fleming and Fuqua of Richmond and Barrett of Cherokee:
A Bill to be entitled an Act to amend the Banking Laws of Georgia, so as to provide that in no event shall any such bank hold shares in small business investment companies in an amount aggregating more than two per cent of its capital and unimpaired surplus, and for other purposes.

HB 838. By Mr. McDonald of White:
A Bill to be entitled an Act to increase the compensation of the Ordi naries in certain counties, and for other purposes.

HB 839. By Messrs. Fuqua and Hull of Richmond, McClelland and Brooks of Fulton, Jones of Worth, Birdsong of Troup, Flexer of Glynn:
A Bill to be entitled an Act to regulate corporations and other persons doing business as building association, savings and loan associations, building and loan associations, or on the building society plan, which corporations and other persons are not Federal Savings and Loan Asso ciations and are not chartered pursuant to the Building and Loan Act, and for other purposes.

HB 840. By Messrs. Hull and Fuqua of Richmond, Brooks and McClelland of Fulton, Flexer of Glynn, Birdsong of Troup and others:
A Bill to be entitled an Act to amend an Act known as the Building and Loan Act by providing that the Secretary of State shall be the Georgia Savings and Loan Commissioner; and for other purposes.

HB 841. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to provide that in all criminal trials, except when defendant enters a plea of guilt, the jury shall pass only on the guilt or innocence of the accused; and for other purposes.

HB 842. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act authorizing a stenographer to be present with the Grand Jury in certain counties, and for other purposes.

HB 843. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to provide for the establishedment of fire prevention districts in Clayton County pursuant to constitutional pro visions relative thereto, and for other purposes.

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HB 844. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes.

HB 845. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, so as to extend the corporate limits of the City of Blakely, and for other purposes.

HB 846. By Messrs. Scoggin of Ployd, Williams of Hall, Odora of Dougherty, Murphy of Haralson, Tamplin of Morgan and Taylor of Dawson:
A Bill to be entitled an Act to amend an Act which provides for the right of contribution among several trespassers so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes.

HB 847. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act to establish a City Court in the City of Columbus and for Muscogee County, and for other purposes.

HB 848. By Messrs. Jones and Undercofler of Sumter: A Bill to be entitled an Act to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner, and for other purposes.
HB 849. By Messrs. Jones and Undercofler of Sumter: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.
HB 850. By Messrs. Jones and Undercofler of Sumter: A Bill to be entitled an Act to amend an Act to establish the salary of the Ordinary of Sumter County, and for other purposes.
HB 851. By Messrs. Jones and Undercofler of Sumter: A Bill to be entitled an Act to amend an Act to fix the compensation or salary of the treasurer of Sumter County in lieu of commissions or other compensation now received by him, and for other purposes.

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379

HB 852. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act which increases the salary paid to the Judge of the Juvenile Court of Glynn County, and for other purposes.

HR 411-852. By Messrs. Killian and Flever of Glynn:
A Resolution proposing an amendment to the Constitution so as to create the Brunswick and Glynn County Development Authority; and for other purposes.

HR 412-852. By Mr. Bowen of Toombs: A Resolution to compensate J. C. Taylor, and for other purposes.

HR 413-852. By Mr. Bowen of Toombs:
A Resolution to compensate John Lewis Taylor and Amy Taylor, and for other purposes.

HR 414-852. By Mr. Bowen of Toombs: A Resolution to compensate Tommy Lee Taylor; and for other purposes.

HB 853. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide for the support of existing inde pendent school systems by municipal corporations authorized to main tain same by the Constitution of Georgia; to authorize ad valorem taxation by such municipal corporations for the support of such inde pendent school systems, and for other purposes.

Mr. Fuqua of Richmond County, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 732. Do Pass, as Amended. Respectfully submitted, Fuqua of Richmond, Chairman.

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Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 132. Do Not Pass.

HB 737. Do Not Pass.

HB 753. Do Pass.

HB 773. Do Pass.

HB 358. Do Pass, by Substitute.

HB 678. Do Pass.

HB 234. Do Not Pass.

HB 28. Do Not Pass.

HB 29. Do Not Pass.

HB 629. Do Pass.

HB 810. Do Pass.

HB 258. Do Not Pass.

Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
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 House with the following recommendations:
HB 293. Do Not Pass. HB 294. Do Not Pass. HB 536. Do Pass. HB 786. Do Pass. HB 754. Do Pass.

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381

HB 804. Do Pass, as Amended. HB 812. Do Pass, as Amended.

Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills, of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 805. Do Pass, as Amended. HB 806. Do Pass. HB 813. Do Pass. HB 814. Do Pass. HB 815. Do Pass. HB 816. Do Pass. HB 817. Do Pass. HB 818. Do Pass. HB 819. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee of Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills and Resolutions of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 403-822. Do Pass. HR 379-774. Do Pass. HR 383-785. Do Pass. HR 411-852. Do Pass.

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HE 360-755. Do Pass. HR 373-768. Do Pass. HR 366-766. Do Pass. HR 364-763. Do Pass. HR 363-763. Do Pass. HR 406-831. Do Pass. HB 602. Do Pass. HR 404-831. Do Pass. HB 782. Do Pass. HB 755. Do Pass. HB 781. Do Pass, by Substitute. HR 382-785. Do Pass. HR 341-732. Do Pass.
Respectfully submitted, Bolton of Spalding, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 341. Do Pass. HB 788. Do Pass. HB 789. Do Not Pass. HB 790. Do Pass. HB 791. Do Pass. HB 389. Do Pass. HB 340. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

WEDNESDAY, JANUARY 24, 1962

383

By unanimous consent, the following Resolutions of the House and Senate were read and adopted:

HR 427. By Messrs. Undercofler and Jones of Sumter:
A RESOLUTION
Extending an invitation to the Georgia Congressional Delegation to appear before a joint session of the House and Senate; and for other purposes.
WHEREAS, the State of Georgia is fortunate in having the finest and ablest Congressional Delegation of any State in the Union; and
WHEREAS, Georgia's two United States Senators have compiled an enviable record of achievements and accomplishments surpassed by no senatorial team of any other State; and
WHEREAS, the Georgia members of the United States House of Reprsentatives have likewise accomplished a multitude of important achievements for their respective districts in the entire State; and
WHEREAS, this body would be honored to hear an address from each of the two United States Senators from Georgia, and would be honored to have the members of the United States House of Representa tives appear with the Senators before this body;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Richard B. Russell and Honorable Herman E. Talmadge are hereby invited to address a joint session of the House and Senate at 12:00 o'clock Noon on February 12, 1962, and the members of the United States House of Representatives of Georgia are hereby invited to appear with the Senators before this body at that time. A joint session of the House and Senate is hereby called for the aforesaid purpose, which joint session shall be held at 11:45 o'clock A.M. on February 12, 1962, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Speaker of the House and the President of the Senate are hereby authorized to make whatever arrangements are necessary to carry out the purposes of this Resolu tion.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each member of the Georgia Congressional Delegation.

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HR 437. By Messrs. Smith of Emanuel, Twitty of Mitchell, and Busbee of Dougherty:

A RESOLUTION

Expressing the condolences of the General Assembly of Georgia of the passing of the Honorable Peter F. Bahnsen; and for other purposes.

WHEREAS, Honorable Peter F. Bahnsen, departed his life in the year 1961 at the age of ninety (90) years; and

WHEREAS, Dr. Bahnsen was the first State Veterinarian of Georgia; and

WHEREAS, Dr. Bahnsen was the founder and first president of the Georgia Veterinary Association and was secretary of the Asso ciation for many years; and

WHEREAS, Dr. Bahnsen was instrumental in the passage of the Act creating the Georgia State Board of Veterinary Examiners; and

WHEREAS, Dr. Bahnsen is known for his pioneer work in the Cattle Tick Eradication and was the first in the State of Georgia to advocate herd testing and compulsory elimination of cattle affected with bovine tuberculosis; and

WHEREAS, due to the efforts of Dr. Bahnsen great strides were made in providing pure milk for the citizens of this great State and to this day many of the regulations advocated by Dr. Bahnsen remain in force and effect; and

WHEREAS, Dr. Bahnsen though foreign born and educated devoted over fifty (50) years of his life as a devoted public servant and at all times distinguished himself as a true and devoted citizen of the State of Georgia; and

WHEREAS, we humbly bow to the will of Divine Providence, while ever cherishing in our heart the memory of his devotion and service to our great and sovereign State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA, that this August Body, in Session assembled, does hereby mourn the passing of this distinguished and out standing Georgian and we commend to all men his works and to God his spirit.

BE IT FURTHER RESOLVED, that in token of our common grief and sympathy that the Clerk of the House of Representatives is hereby authorized and directed to furnish appropriate copies of this Resolution to the members of the family of Dr. Peter F. Bahnsen.

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385

HR 439. By Messrs. Steis of Harris, Payton and Potts of Coweta and Hill of Meriwether:

A RESOLUTION

Calling a joint session of the House and Senate for the purposes of allowing the Honorable John J. Flynt, Jr., United States Congress man of the 4th Congressional District; to make a special presentation to Joe McNabb, "Governor" of Georgia Boys State and Paula Johnson, "Governor" of Georgia Girls State; and for other purposes.

WHEREAS, the American Legion as a part of its Americanism Program annually sponsors an activity known as Georgia Boys State; and

WHEREAS, the American Legion Auxiliary as a part of its Ameri canism Program annually sponsors an activity known as Georgia Girls State; and

WHEREAS, the boys and girls attending these activities are of high school age and are indoctrinated as to the actual administration of the City, County and State Government of this State; and

WHEREAS, similar activities are carried on throughout the states of the United States; and

WHEREAS, many City, County and State public officials including members of the General Assembly of Georgia annually assist and par ticipate in the programs of these activities; and

WHEREAS, annually there is elected a "Governor" of Georgia Boys State and a "Governor" of Georgia Girls State, said "Governors" being elected from those who attend the aforesaid activities; and

WHEREAS, it is only fit and proper that the said "Governors" be publicly recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable John J. Flynt, Jr., United States Congressman of the 4th Congressional District of Georgia is hereby invited to appear and make such remarks and presentations as he desires before a joint session of the General Assembly of Georgia at 11 o'clock a.m. on February 9, 1962 in the Hall of the House of Representatives.

BE IT FURTHER RESOLVED that Joe MacNabb, "Governor" of Georgia Boys State and Paula Johnson, "Governor" of Georgia Girls State are hereby invited to appear at said joint session of the General Assembly of Georgia for a presentation of American Flags that have been flown over the National Capitol, said presentations to be made by Honorable John J. Flynt, Jr.

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BE IT FURTHER RESOLVED that the joint session of the General Assembly of Georgia will be held in the Hall of the House of Representa tives at 11 o'clock a.m. on February 9, 1962 for the purposes aforesaid.

BE IT FURTHER RESOLVED that a committee of escort, be named by the Speaker of the House and the President of the Senate for the purpose of escorting the aforesaid distinguished guests to the Hall of the House of Representatives.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appro priate copy of this Resolution to Honorable John J. Flynt, Jr., Joe McNabb and Paula Johnson.

HR 440. By Mr. Sheffield of Brooks:
A RESOLUTION
Wishing a speedy recovery to Honorable H. R. Garrett; and for other purposes.
WHEREAS, Honorable H. R. Garrett, a former member of the House of Representatives and the Senate, is suffering from illness and is confined in the Brooks County Hospital; and
WHEREAS, he was a most highly respected member of the General Assembly and rendered outstanding service to his Community and his State while serving in this Body; and
WHEREAS, he has been extremely active in the business, civic and religious affairs of his locality;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby offered to Hon orable H. R. Garrett and sincerest wishes for a most speedy recovery are hereby extended.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable H. R. Garrett.

HR 441. By Messrs. Boyett of Whitfield, McCutchen of Gilmer and others:
A RESOLUTION
Expressing regrets at the passing of Miss Chrissie McCutchen; and for other purposes.
WHEREAS, it is with a great deal of sadness that we learn of

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387

any Georgian's death, but more especially saddening to hear of the untimely demise of a younger resident of this State, someone whose future is bright and whose prospects for a full and rich life are un limited; and

WHEREAS, this body has been apprized of the recent tragic death of the lovely and charming Chrissie McCutchen of Walton, Whitfield County, Georgia; and

WHEREAS, Miss McCutchen was a distinguished younger citizen, having by her beauty, charm, wit and intelligence represented this State most ably in various capacities to citizens of other States; and

WHEREAS, Miss McCutchen was a member of a family which contributes much meritorious service to this State;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body offers its most sincere con dolences to the family of Miss Chrissie McCutchen and reminds them that in the view of the citizens of this State and the members of this body--"The fire is gone, yet the hearth remains warm".

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Miss Chrissie McCutchen's parents, Mr. and Mrs. Joe McCutchen.

HR 442. By Messrs. Smith of Emanuel, Cox of Clarke, and others:
A RESOLUTION
Expressing regrets at the passing of A. Morris Kelly; and for other purposes.
WHEREAS, Honorable A. Morris Kelly of Monroe, Georgia, passed away on Friday, January 19, 1962; and
WHEREAS, he had served as Mayor of Monroe, City Attorney of Monroe, County Attorney of Walton County, President of the Western Judicial Circuit Bar Association and President of the Monroe Rotary Club; and
WHEREAS, he had practiced law in Monroe for 35 years, and was active and prominent in the civic, business and religious affairs in his locality; and
WHEREAS, he was a brother of Senator Eugene Kelly; and
WHEREAS, his passing will be a great loss to all the citizens of his locality and the State of Georgia;

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest regrets are hereby extended to the family of Honorable A. Morris Kelly.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Mr. Kelly.

HR 443. By Messrs. Lee and Blalock of Clayton:
A RESOLUTION
Commending Brigadier General R. C. Kyser; and for other purposes.
WHEREAS, in March, 1960, Brigadier General R. C. Kyser was made Commanding General of the Atlanta General Depot located at Forest Park, Georgia; and
WHEREAS, in the relatively short time he has served in this position he has exemplified those attributes of leadership and initiative which have raised the standards at the Depot to a level heretofore unknown, as a result of which the morale of the officers, enlisted men and civilians under his command is excellent; and
WHEREAS, this outstanding military leader has cooperated in the fullest with the governing officials of the surrounding counties and municipalities, which has brought about an excellent and harmonious relationship between military personnel and the civilian population; and
WHEREAS, he has assisted and taken an active part in numerous civic and community projects, oftentimes providing the facilities at the Depot for these worthwhile undertakings; and
WHEREAS, his actions have assisted the surrounding areas to an immeasurable degree, and all the citizens of these areas hold him in high regard and esteem; and
WHEREAS, the excellent relationship existing between the mili tary and the civilian population benefits not only the immediate areas but the entire State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body, on behalf of the citizens of the areas adjacent to the Atlanta General Depot and the citizens of the State of Georgia, expresses its sincerest appreciation to Brigadier General R. C. Kyser, Commanding General of the Atlanta General Depot for his efforts and actions described above, and pledges its support of his policies of continued cooperation and mutual assistance, and wishes for him a long and successful tour of duty as Commanding General of the Atlanta General Depot.

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389

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to General Kyser.

HR 444. By Mr. Smith of Emanuel:
A RESOLUTION
Relative to United States Savings Bonds; and for other purposes.
WHEREAS, the Federal Government relies heavily on the United States Savings Bonds Program to manage the public debt; and
WHEREAS, the Savings Bonds Program offers all Americans the opportunity to assist their Government, and part of every citizen's savings should be in the form of United States Savings Bonds, every such Bond representing a share in America; and
WHEREAS, the present World crisis makes even more necessary and meaningful the support of the United States Savings Bonds Program by all citizens; and
WHEREAS, President John F. Kennedy has called upon all Ameri cans to support the Freedom Bond Drive in May and June of this year; and
WHEREAS, it is fitting that the General Assembly endorse the United States Savings Bond Program and encourage State Employees to purchase such Bonds through the Payroll Savings Plan offered by the State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the opportunity to purchase United States Savings Bonds on the installment plan through regular payroll deductions be furnished to all employees of the three branches of the State Government of Georgia, and that the heads of the various Depart ments and Agencies of the State be advised by the Governor of this Resolution and requested to take steps to install the Payroll Savings Plan and inform all employees of this method of purchasing United States Savings Bonds.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Governor of Georgia, and the Governor is hereby requested to arrange for dis tribution to all Departments and Agencies.

SR 106. By Senator Fitzpatrick of the 51st: A RESOLUTION
Commending the Board of Regents of the University System of

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Georgia for presenting the "Seminar on American Strategy"; and for other purposes.

WHEREAS, on January 16, 1962, at the Atlanta Biltmore Hotel, there was held a Seminar on American Strategy which was most in triguing, enjoyable, interesting, and educational; and

WHEREAS, the speakers were some of the most distinguished, well-versed, and influential in our beloved country; and

WHEREAS, there was a most delicious luncheon served which was enjoyed by all present; and

WHEREAS, the members of the General Assembly were highly intrigued that they had the opportunity to enjoy the fellowship in such a congenial atmosphere with the distinguished guests; and

WHEREAS, the speeches by the honored guests were not only interesting and enjoyable, but were also awesome and eyeopening to many of us who have become stagnant in our desires and initiative to put down the ugly growth and effect which Communism does and will have on the people of this State, our country, and the world.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA to commend highly the Board of Regents of the University System of Georgia in doing such a splendid and timely job in sponsoring, organizing, and providing for one of the most en joyable and educational seminars on a most important, difficult, and controversial subject.

By unanimous consent, the following Resolutions of the House and Senate were read and referred to the Committee on Rules:
HR 435. By Mr. Hill of Meriwether:
A RESOLUTION
Creating a Committee to study a long range highway program; and for other purposes.
WHEREAS, the funds expended on public roads amount to many millions of dollars annually; and
WHEREAS, a long range program of highway planning and con struction has proved to be of untold benefit to some of our sister states and has proved to be superior to the procedures normally used in Geor gia in the allotment of road mileage; and
WHEREAS, the General Assembly is vitally concerned with the construction and maintenance of highways and effecting economies;

WEDNESDAY, JANUARY 24, 1962

391

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker, for the purpose of making a study relative to the pro cedure for obtaining a long range program of highway construction and maintenance in Georgia. The Committee shall study the present method of allotting highway mileage to counties and shall make a com parative study of the systems used in states where long range highway planning has proved to be successful. The committee shall elect its own chairman and such other officers as deemed desirable and shall adopt procedures for its operation. The committee is authorized to travel within and without the State. The members shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee is authorized to procure materials and supplies for carrying out the purposes of this Resolution. The Committee shall make a report of its findings and recommendations to the General Assembly on or before January 14, 1963, on which date the committee shall stand abolished.

HR 436. By Messrs. Bolton of Spalding, Rowland of Johnson and others:
A RESOLUTION
Creating an interim Committee to evaluate the future needs of the State of Georgia relating to facilities for the mentally retarded and to recommend a location for an additional facility for the mentally retarded; and for other purposes.
WHEREAS, during the past years due to an increase in population and the increased mental health program undertaken by the State of Georgia, "The Gracewood State School and Hospital" has become over crowded and has now reached its maximum capacity; and
WHEREAS, The Gracewood State School and Hospital has inade quate facilities to care for any additional number of patients notwith standing the fact that there are at present over one thousand applicants, the least critical of which would be classified as urgent, on the waiting list seeking admission to said school and hospital; and
WHEREAS, competent authorities of the Department of Public Health and of The Gracewood State School and Hospital have advised that a facility for the mentally retarded such as The Gracewood State School and Hospital should have a maximum of only two thousand five hundred patients; and
WHEREAS, after careful study and deliberation the Sub-committee on Eleemosynary Institutions of the State Institutions and Property Committee of the 1961 Session of the General Assembly of Georgia has recommended that an interim Committee be created by the 1962 Session of the General Assembly to study and recommend to the 1963

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Session of the General Assembly of Georgia as to where and how an additional facility for the mentally retarded should be established and located in the State of Georgia; and

WHEREAS, it is very apparent that immediate plans should be

made by the General Assembly, in cooperation with the Department

of Public Health and the authorities of The Gracewood State School

and Hospital, to investigate and recommend the establishment and loca-

:

tion of a new additional facility for the mentally retarded of the State

of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five (5) members of the House of Representatives to be appointed by the Speaker. The committee shall have the power and authority to evaluate the future needs of the State of Georgia relating to facilities for the mentally retarded, to study the advisability and need of establishing new additional facilities for the mentally retarded, to investigate and recommend the establishment and location of such new additional facilities for the mentally retarded as the committee shall determine, to conduct and make investigations and studies of the present staffs and facilities for the mentally retarded and to formulate plans and regulations for future staffing of facilities for the mentally retarded. The committee shall be authorized to visit similar institutions in this State or any of the other States, shall be authorized to make studies of the laws of this State and any of the other States and shall be authorized to visit the facilities in this State and in any of the other States where the actual administration of laws relating to the mentally retarded are administered.

BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution have twenty (20) days per member for carry ing out the purposes of this Resolution and the members of the com mittee shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia on or before January 15, 1963 and said committee shall stand abolished as of that date.

HR 438. By Mr. Sheffield of Brooks:
A RESOLUTION
Relative to the establishment of terminal farmers' markets on the eastern seaboard; and for other purposes.

WEDNESDAY, JANUARY 24, 1962

393

WHEREAS, an increasing quantity of the products of the farmers of this State is moving for consumption in the metropolitan areas along the northeastern seaboard; and

WHEREAS, it would be beneficial for the several states producing food products to participate in the establishment of a terminal market; and

WHEREAS, it is desirable that a complete and thorough study be made as to the feasibility and desirability of establishing such a facility; and

WHEREAS, it is desirable that such a facility be established at the location and with such facilities as to render the greatest possible service at the least possible cost;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that there is hereby created a committee, to be composed of 8 members; five from the House, to be appointed by the Speaker, and 3 from the Senate, to be appointed by the Presi dent of the Senate to study the feasibility and advisability of estab lishing a terminal farmers' market on the eastern seaboard. All mem bers of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The committee shall make a report of its find ings to the General Assembly not later than December 15, 1962.

BE IT FURTHER RESOLVED that the Department of Agriculture of the State of Georgia is hereby authorized and directed to assist the committee in the making of its study, and to this end, the Department is authorized to utilize the funds of the Department.

SR 104. By Senator Knox of the 54th:
A RESOLUTION
Paying tribute to the Mayors and other municipal officials and employees; and for other purposes.
WHEREAS, the municipalities of Georgia through their elected officials have been entrusted with the responsibility of protecting life and property and securing the general welfare of a majority of the citizens of our State; and,
WHEREAS, the complexity of local municipal government is con tinuously increasing with rising population and the challenge to pro vide adequate, modern municipal services; and,
WHEREAS, our municipal officials in working for better municipal government are contributing toward the progress of the entire State; and,

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WHEREAS, the greatness of our municipalities is a reflection of the unselfish dedication and tireless efforts of the thousands of muni cipal officials and employees who daily give of their time and talents to improve municipal government without our great State; and,

WHEREAS, His Excellency, Governor S. Ernest Vandiver, has proclaimed January 17, 1962 as "GEORGIA MAYORS' DAY",

NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that this body join with the Governor and the citizens of Georgia on this Mayors' Day in honoring and paying tribute to our Mayors, and municipal officials and employees.

SR 105. By Senator Jackson of the 24th:
A RESOLUTION
Designed to institute a method of instruction for the youth of Geor gia in the dogmas and tenets of Americanism and to develop intelligent and aggressive opposition to Communism and teach loyalty to our American political and economic system.
WHEREAS, the totalitarianism of aggressive world Communism constantly threatens the peace of the world and the continued existence of the United States of America as a free republic composed of sov ereign states; and
WHEREAS, it is becoming increasingly apparent that if we as a nation are to successfully combat and defeat the Communist conspiracy at home and abroad and perpetuate and strengthen our American way of life, it is essential that every American citizen must know and under stand the fundamental theories and basic principals of our American constitutional, social, economic and political systems and also, by way of contrast, the strategy, tactics, nature, effects, logistics, purposes and principals of Communism as it actually operates in the world today;
WHEREAS, the General Assembly of the State of Georgia finds it to be a fact that:
(a) Political ideology commonly known and referred to as Communism is in conflict and contrary to the principal of consti tutional government of the United States of America as epitomized in its National Constitution.
(b) The successful exploitation and manipulation of youth and student groups throughout the world that are a major chal lenge which free world forces must meet and defeat.
(c) The best method of meeting this challenge is to have the youth of the State and Nation thoroughly and completely informed as to the evils, dangers and fallacies of Communism by giving

WEDNESDAY, JANUARY 24, 1962

395

them a thorough understanding of the entire Communist movement including its history, doctrines, objectives and techniques;

and
WHEREAS, it is the opinion of this august body that it is impera tive that an organized and comprehensive educational effort should be promptly undertaken by every school and educational institution in the State of Georgia and throughout the United States so that the necessary instructon and indoctrination to this end can be imparted and the present lethargy and mass ignorance of the true character and consequence of Soviet Communism can be dispelled; and
WHEREAS, it is the belief of the General Assembly of Georgia that every high school and college student in the State of Georgia should be required to take a separate course or unit of study as part of the regular and mandatory curricular at some time during the latter portion of his period of high school or college studies respectively, which would not only give to every student a clear understanding of and a deep loyalty to the ideals, the principals, traditions, advantages and institu tions of representative democracy and free capitalism in a federation of sovereign states as established by the drafters of the Constitution of the United States; but which would at the same time, by comparison teach every student why Communism and Socialism are evil and vicious, why they destroy the freedom, well being, dignity, and happiness of the individual, and why they are our implacable enemy, to the end that students will understand the propaganda and dishonesty of Soviet Rus sia, Red China and the other apparatus and affiliates of organized Communism and National Socialism; and

WHEREAS, the General Assembly of Georgia is convinced that a sound, comprehensive and universal program of high school and col lege instruction of this scope is indispensable to an adequate national defense and vital to assure that the citizens of Georgia in the future will be equipped to reject and intelligently argue against and destroy the lures, traps, pit-falls, lies and propaganda of Communism with reason, communication and logic based on a thorough knowledge of the concepts and fundamental elements of our American system and a firm grasp of the belief of decentralized government, representative democracy, free competitive capitalism, separation of powers in govern ment, private ownership of property and the means of production, reason able and limited taxation, the reserved powers of the State, freedom of religion, speech, press, voting, and of course, individual economics oppor tunities, limited powers of Federal Government, separation of church and state activities and the essential figures of our American economic system;
THEREFORE BE IT RESOLVED BY THE GENERAL ASSEM BLY OF THE STATE OF GEORGIA that the State School Superin tendent, the State Board of Education, the Chancellor and Board of Regents of the University System of Georgia and the governing author ities of all private and public high schools and colleges in Georgia are hereby earnestly urged, requested, memorialized and petitioned to take prompt action to respectively:

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(1) Establish a mandatory requirement that a separate re quired comprehensive six (6) week unit of instruction be instituted in every high school in Georgia during the 1962-63 school year with in the framework of the presently required course on American History in the llth or 12th grades, teaching Americanism vs. Com munism within the scope and objectives as hereinabove described.
(2) Establish a mandatory requirement beginning with the 1962-63 school year that each college or university student in either his junior or senior year will be required to take a separate and comprehensive course or unit of instruction for at least ten (10) clock hours, teaching Americanism vs. Communism within the scope and objectives as hereinabove described.

BE IT FURTHER RESOLVED that we believe that these courses should be part of the regular, prescribed and required high school, college and university curricular and that no student should be gradu ated or receive a diploma from any high school, college or university who fails to successfully complete this course or unit of instruction in Americanism vs. Communism.

BE IT FURTHER RESOLVED that this body urges the State Board of Education and the Board of Regents of the University System of the State of Georgia to prepare, approve, select or prescribe all text books, teachers manuals, student workbooks, reference books and ma terials, and other things such as films, tapes, visual aids, pamphlets used in such courses or units of instruction and to supply same.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby requested to mail a copy of this Resolution to such newspaper, radio and television stations in the State of Georgia, the State School Superintendent and each member of the State Board of Education, the Chancellor of the University System of Georgia and each member of the Board of Regents of said University System, the President of each college or university in the State of Georgia, each county and city school superintendent, each member of every county or city school board, to the governing authorities of every private second ary school in the State of Georgia, to the President and Vice President of the United States, to each member of the Congress of the United States, to each judge of the Supreme Court and every district court of the State of Georgia, to the Governor, the Lieutenant Governor, Attor ney General and chief education official of each State of the Union, to each and every Federal Court and to the principal of each high school in the State of Georgia.

SR 111. By Senator Knox of the 54th:
A RESOLUTION
Designating Police Week and Peace Officers Memorial Day; and for other purposes.
WHEREAS, the Congress of the United States by Joint Resolution

WEDNESDAY, JANUARY 24, 1962

397

has designated the week of May 13-19, 1962 as Police Week and May 14, 1962 as Peace Officers Memorial Day, which Resolution reads as follows:

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of May 13-19, 1962, is hereby designated as Police Week, in recog nition of the contribution the police officers of America have made to our civilization through their dedicated and self-less efforts in enforcing the laws of our cities, counties, and States and of the United States regardless of the peril or hazard to themselves, and May 14th is hereby designated as Peace Officers Memorial Day in honor of the Federal, State, and municipal peace officers who have been killed or disabled in line of duty. Through their enforce ment of our laws our country has internal freedom from fear of the violence and civil disorder that is presently affecting other na tions. To this end the President is authorized and requested to issue a proclamation inviting the people of the United States to observe such period, with appropriate ceremonies and activities as a tribute to the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws and to honor those who have lost their lives in service to the community.";

and

WHEREAS, the welfare of the State of Georgia and the welfare of its peace officers are inseparable; and

WHEREAS, many loyal and dedicated peace officers have been killed or disabled during the performance of their official duties; and

WHEREAS, it is only fitting and proper that the peace officers of Georgia and of this nation be honored for their outstanding services and devotion to duty, and their loyalty to the ideals of this country;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the week of May 13-19, 1962 is hereby designated as Police Week and May 14, 1962 as Peace Officers Memorial Day, and all the citizens of this State are hereby urged to observe said week and particularly said day in the proper manner and with appro priate ceremonies in order to show their appreciation for the guardians of law and order, who protect our lives and property.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to trajnsmit a copy of this Resolution to the Gov ernor and the Governor is hereby requested on behalf of the State of Georgia, to arrange for appropriate observance of the above dates.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

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JOURNAL OP THE HOUSE,

HB 805. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to create and incorporate Richmond Hill, in the County of Bryan, and grant a charter to that municipality under that name and style, and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 805 as follows:
Amend Section 33 by deleting the last six lines thereof, as they appear on page 21 of the printed Bill and substituting in lieu thereof the following:
"or over private property and over Bryan County School District property."

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, as amended, the ayes were HI, nays 0.

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

HB 806. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the sheriff, the deputy sheriff of the 20th GMD, the deputy sheriff of the 19th and 1380th GMD and the clerk of the Superior Court of Bryan County, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, and nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 813. By Mr. Woodward of Butts: A Bill to be entitled an Act to amend an Act entitled "An Act to create

WEDNESDAY, JANUARY 24, 1962

399

a Board of Commissioners of Roads and Revenues for Butts County," and for other purposes.

The report of the Committee which was favorable to the passage of the Bill,s was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 814. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the salary of the treasurer of Butts County, in lieu of commissions as are now paid," and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 815. By Mr. Woodward of Butts: A Bill to be entitled an Act to provide that the Coroner in all counties of a certain population, shall be compensated on a salary basis rather than a fee basis, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 816. By Mr. Smith of Emanuel: A Bill to be entitled an Act to amend an Act creating a Board of

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Commissioners of Roads and Revenues for Emanuel County, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 817. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend Code Section 92-5301 so as to provide that commissions allowed to Tax Commissioners by said Section shall be paid by County funds in certain counties, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 818. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to repeal an Act relative to the salaries of officials in certain counties, to provide for the compensation of County Officials of Troup County, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

WEDNESDAY, JANUARY 24, 1962

401

HB 819. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Troup, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

By unanimous consent the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

SB 169. By Senator Jackson of the 24th:
A Bill to be entitled an Act authorizing the County Commissioners or other governing authorities in certain counties to create Emeritus Offices for retiring department heads of said county government; and for other purposes.
Referred to the Committee on Local Affairs.

SB 170. By Senators Raynor of the 4th, Hart of the 53rd and Ponsell of the 5th:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military, so as to fix the date for holding political party primaries; and for other purposes.
Referred to the Committee on Rules.

SB 175. By Senator Long of the 3rd:
A Bill to be entitled an Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms, and removal of jury commissioners, as amended; and for other purposes.
Referred to the Committee on Local Affairs.

SB 176. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic laws; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OP THE HOUSE,

SB 185. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, as amended, so as to change the compensation of said Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

SB 187. By Senator Veazey of the 19th:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Warrenton in lieu of the Town of Warren ton; and for other purposes.
Referred to the Committee on Local Affairs.

SB 189. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act known as the "State-Wide Probation Act,", so as to provide subsistence for each member of the State Board of Probation; and for other purposes.
Referred to the Committee on State of Republic.

SB 190. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874; and for other purposes.
Referred to the Committee on Local Affairs.

SB 191. By Senator Grayson of the 1st:
A Bill to be entitled an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said town to the Town of Thunderbolt, to enlarge the corporate limits of the Town of Thunderbolt; and for other purposes.
Referred to the Committee on Local Affairs.

SR 102. By Senator Knox of the 54th:
A Resolution to create a committee to investigate the feasibility of creating a Georgia Housing Administration; and for other purposes.
Referred to the Committee on Rules.

WEDNESDAY, JANUARY 24, 1962

403

SR 101. By Senator Ponsell of the 5th:
A Resolution proposing an amendment to the Constitution so as to provide that the City of Waycross may use the funds raised from the industrial levy in assisting, promoting and encouraging the location of industries in Ware County; and for other purposes.
Referred to the Committee on Special Judiciary.

SR 103. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph 3 of the Constitution of the State of Georgia of 1945, providing for tax equalization in Chatham County; and for other purposes.
Referred to the Committe on Local Affairs.

By unanimous consent, the following Resolution of the House was referred to the Committee on State of Republic:

HR 445. By Messrs. Chandler and Kidd of Baldwin:
A RESOLUTION
Prevailing upon the Merit System of Personnel Administration of the State of Georgia to give preference to certain employees; and for other purposes.
WHEREAS, there are many State employees and officials who are career employees and who are assistants to the heads of many depart ments, divisions and units of the various boards, bureaus, agencies and departments of the State Government; and
WHEREAS, on many occasions there are vacancies where persons other than career employees of such departments, divisions and units are given preference in filling said vacancies, notwithstanding the qualifications of such career employees; and
WHEREAS, employees of such departments, divisions and units, when qualified, should be given preference in the event of vacancies.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the Merit System of Per sonnel Administration of the State of Georgia and the State Personnel Board are hereby prevailed upon to pass or adopt such rules and regu lations that would give preference to career employees, below pay grade twenty-six, and that whenever possible that such employees be elevated to higher positions within the department, divisions and units of the various boards, bureaus, agencies and departments wherein such em ployee is employed and the vacancy exists.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized to furnish appropriate copy of this Reso lution to the State Personnel Board.

Under the General Order of Business, the following Bills of the House were taken up for consideration and read the third time:
HB 802. By Messrs. Lane of Bulloch, Parker of Screven, and many others: A Bill to be entitled an Act to amend an Act, relating to the use of timing devices or radar equipment to enforce safety regulations, so as to change the provision relating to application of the Act within limits of incorporated municipalities, and for other purposes.

The following Committee Substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act, relating to the use of timing devices or radar equipment to enforce safety regulations, approved March 16, 1961 (Ga. Laws 1961, p. 161), so as to change the provision relating to application of the Act within limits of incorporated munici palities; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act, relating to the use of timing devices or radar equipment to enforce safety regulations, approved March 16, 1961 (Ga. Laws 1961, p. 161), is hereby amended by striking Section 2A in its entirety.
Section 2. Said Act is further amended by changing Section 3 to Section 4 and by inserting a new Section 3 to read as follows:
"Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Jones of Liberty moved the previous question and the motion prevailed.

The previous question was ordered.

WEDNESDAY, JANUARY 24, 1962

405

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Barber Barnett of Baker Barrett Baughman Birdsong Black Boggs Bolton Bowen of Randolph Boyett Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crawford Crowe Culpepper Deen Dollar Doster Dunean of Pannin Duncan of Carroll Dunn Pizgerald Fleming Flexer Floyd Flynt Fordham

Fowler of Treutlen Funk
Fuqua Hall of Lee Harrell Henderson Hill Horton Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lewis of Wilkinson Lewis of Burke Lovett Lowrey Massee Matthews of Colquitt McClelland McCutchen McGarity Miller Mixon Moorman Morris Moss Mullis NeSmith Odom Otwell Parker of Screven

Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Roper Rowland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Habersham Steis Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson

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JOURNAL OP THE HOUSE,

Wells of Peach Wells of Oconee Wickham

Wilkes Williams of Hall Wilson

Young

Those voting in the negative were Messrs.:

Andrews of Hall Bynum Hodges Kimmons Lee of Clinch

Mackay McCracken Morgan Murphy Phillips of Bibb

Raulerson Smith of Fulton Story Thornton Wells of Camden

Those not voting were Messrs.:

Ballard Barnett of Wilkes Blalock Bowen of Toombs Bozeman Brackin Branch Cloer Coker Conner Davis Dickey Dicus Dorminy Echols Fowler of Douglas Greene Hale

Hall of Floyd Howard Hurst Keyton Kidd King Lee of Clayton Loggins Lokey Matthews of Clarke McDonald Melton Milhollin Moate Moore Newton Pannell Paris

Phillips of Walton Rogers of Paulding Ross Rutland Sangster Sheffield Smith of Brantley Smith of Whitfield Stevens Tamplin Taylor of Decatur White Williams of Coffee Willingham Woodward Mr. Speaker

On the passage of the Bill by substitute, the ayes were 138, nays 15.

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

HB 736. By Messrs. Cox and Matthews of Clarke and Smith of Grady:
A Bill to be entitled an Act to amend an Act known as the "University System Building Authority Act", so as to authorize an extension of the date of maturity for Student Housing Revenue Bonds, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 24, 1962

407

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Baker Baughman Birdsong
Black Boggs Bolton Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe
Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins
Cox Crowe Culpepper Dollar Doster Duncan of Fannin
Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk
Fuqua Hale Hall of Lee Harrell Henderson

Hodges Horton Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan
Keadle Keyton Killian Killingsworth Kimmons King Kirkland Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke
Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Miller Mixon Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Bibb Poole

Potts Purcell
Rainey Raulerson Roberts Rodgers of Charlton Roper
Ross Rowland Rutland Scarborough Sheffield Shuman Simpson Sinclair
Singer Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens Story Stricklnd Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague Thornton
Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Walker of Lowndes Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wells of Camden
Wilkes Williams of Hall Willingham Wilson Young

408

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams Ballard Barnett of Wilkes Barrett Blalock Bowen of Toombs Brooks of Pulton Budd Coker Conner Crawford Davis Deen Dickey Dicus Dorminy Duncan of Carroll

Greene Hall of Ployd Hill Howard Hurst Jones of Sumter Kelly Kidd Knight of Laurens Lee of Clayton Loggins McDonald McGarity Melton Milhollin Moate Moore

Pannell Paris Parker of Ware Phillips of Walton Pickard Rogers of Paulding Sangster Scoggin Simmons Smith of Brantley Tamplin Taylor of Decatur White Wiekham Williams of Coffee Woodward Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 0.

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

HB 774. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to establish a State Commission on Aging, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Bowen of Randolph Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd

Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins

WEDNESDAY, JANUARY 24, 1962

409

Cox Crawford Crowe Culpepper Deen
Doster Duncan of Pannin Duncan of Carroll Dunn
Echols Fitzgerald Fleming Flexer
Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Hale Hall of Lee Hall of Floyd Hill Hodges Horton Hull Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter Keadle Keyton Kidd Killian Killingsworth King Kirkland

Knight of Laurens Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen Melton Milhollin Miller Mixon Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole

Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Scoggin Shuman Sinclair Smith of Grady Smith of Fulton Smith of Habershara Steis Stevens Story Strickland Stuckey Tabb Taylor of Bibb
Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair
Watson Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson
Young

Those not voting were Messrs.:

Adams Ballard Boggs Bolton Bowen of Toombs Boyett Brackin Coker Conner Davis Dickey Dicus Dollar Dorminy

Greene Harrell Henderson
Howard Hurst Joiner Jones of Worth Jordan Kelly Kimmons Knight of Berrien Lee of Clinch
Loggins Lovett

McCracken McDonald McGarity Moate Moore Moorman Pannell Payton Potts Roberts Rogers of Paulding
Roper Ross
Scarborough

410

JOURNAL OP THE HOUSE,

Sheffield Simmons Simpson Singer Smith of Brantley Smith of Whitfield

Tamplin Taylor of Dawson Taylor of Decatur Underwood of Taylor Walker of Lowndes Ware

Wells of Peach Wells of Camden White Wickham Wilkes Woodward

On the passage of the Bill, the ayes were 144, nays 0.

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

HB 807. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to create the Ty Cobb Baseball Memorial Commission, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance

Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crowe Davis Deen Dollar Doster Duncan of Fannin Dunn Fitzgerald Flynt Funk Greene Hall of Lee Hall of Floyd Harrell Henderson

Hill Hodges Horton Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly Keyton Kidd Killingsworth Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lokey Lowrey Mackay

WEDNESDAY, JANUARY 24, 1962

411

Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen Melton Milhollin Miller Mixon Moorman Morgan Morris Moss Mullis NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware

Parker of Appling
Farmer Phillips of Walton Phillips of Bibb Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland Rutland Sangster Scoggin Sheffield Shuman Sinclair Smith of Grady Smith of Pulton Smith of Habersham Smith of Whitfield

Steis Stevens Story Stuckey Tabb Taylor of Bibb Teague Thornton Tucker Twitty Underwood of
Montgomery Vaughn Walker of Lowndes Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Willingham Young

Voting in the negative was Mr. Flexer.

Those not voting were Messrs.:

Abney Adams Andrews of Hall Ballard Boggs Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Coker Conner Crawford Culpepper Dickey Dicus Dorminy Duncan of Carroll Echols Fleming Floyd Fordham Fowler of Douglas Fowler of Treutlen Fuqua

Hale Howard Hull Hurst Joiner Jordan Killian Kimmons King Knight of Laurens Lane Lewis of Burke Loggins Lovett McCracken McDonald McGarity Moate Moore Murphy Payton Pelham Phillips of Columbia
Pickard Potts

Rogers of Paulding Ross Scarborough Simmons Simpson Singer Smith of Brantley Strickland Tamplin Taylor of Dawson Taylor of Decatur Todd Undercofler Underwood of Taylor
Waldrop Walker of Telfair
Ware Watson Wells of Camden
White Williams of Hall
Wilson Woodward Mr. Speaker

412

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 130, Nays 1.

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

HB 770. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend Section 2 of an Act approved Jan. 3, 1939, relating to the State Revenue Commissioner so as to provide for the creation of the office, appointment, term, salary, bond and oath, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Bird song Black Blalock Bolton Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe
Cloer Cocke Collins

Crawford Crowe Culpepper Davis Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Flexer Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hall of Lee Hall of Floyd Henderson Hill
Hodges Horton Howard Hull Johnson Jones of Liberty Jones of Worth Jones of Lumpkin

Jones of Sumter Keadle Keyton Killingsworth King Kirkland
Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moorman Morgan Morris Moss

WEDNESDAY, JANUARY 24, 1962

413

Mullis NeSmith Newton Otwell Parris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper

Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Tabb Tamplin Taylor of Bibb Teague

Thornton Todd Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Hall Ballard Barrett Boggs Bowen of Randolph Bowen of Toombs Brackin Busbee Coker Conner
Cox Deen Dickey Dicus Dorminy Duncan of Carroll Fleming Floyd Fowler of Treutlen Hale

Harrell
Hurst Joiner Jordan Kelly Kidd Killian Kimmons Knight of Laurens Lane Loggins Matthews of Clarke McCracken McGarity Moate Moore Murphy Od'om Pannell Pelham Phillips of Columbia

Phillips of Walton Pickard Rogers of Paulding Sheffield Simmons Simp son Singer Smith of Fulton Strickland Stuckey Taylor of Dawson Taylor of Decatur Undercofler Waldrop Ware Watson Wells of Camden White Woodward Mr. Speaker

On the passage of the Bill, the ayes were 143, nays 0.

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

HB 794. By Messrs. Walker of Lowndes, Todd of Glascock, and others:
A Bill to be entitled an Act to establish the Department of Public Safety, so that the Uniform Department of Public Safety shall have conclusive jurisdiction in enforcing certain traffic laws, and for other purposes.

414

JOURNAL OF THE HOUSE,

Mr. Walker of Lownes asked unanimous consent that HB 794 be recommitted and the consent was granted.

HB 794 was recommitted to the Committee on Motor Vehicles.

Under the General Order of Business, the following Bills of the House were again taken up for consideration:

HB 458. By Messrs. McClelland, Brooks and Smith of Fulton, and Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to provide that when any member or former member of the General Assembly has been or shall be employed by any political subdivision or agency of the State or elected to an office there in, where there is a pension plan applicable to such employment or office, he shall receive credit for time served as a member of the general assembly, and for other purposes.

The following Committee Substitute was read and adopted:
HB 458. (Committee Substitute).
A BILL
To be entitled an Act to provide that, when any member or former member of the General Assembly has been or shall be employed by any political subdivision or elected to an office therein, when there is a local pension plan applicable to such employment or office, he shall receive credit for time served as a member of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA and it is hereby enacted by the authority of the same:
SECTION 1
Any person now or hereafter employed by any political subdivision or elected to an office therein who, by reason of such office or employ ment, is eligible for pension benefits under any local system and who, prior to such employment, was a member of the General Assembly of the State of Georgia shall receive credit for time served in the General Assembly in the computation of the service required to become eligible to retire and receive a pension. In computing such credit, such person shall be credited for a full year for each year's membership in the General Assembly of Georgia.

WEDNESDAY, JANUARY 24, 1962

415

SECTION 2

All laws and parts of laws in conflict herewith are hereby repealed.

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews1 of Hall Arnsdorff Barber Barnett of Baker Baughman Black Blalock Boggs Bowen of Randolph Boyett Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Cox Crawford Crowe Davis Deen Doster Duncan of Fannin Dunn Fitzgerald Flexer Floyd

Fordham Fowler of Douglas Fowler of Treutlen Funk Hall of Lee Harrell Hill Hodges Horton Johnson Jones of Liberty Jones of Lumpkin Jordan Keadle Keyton Killian Killingsworth Kimmons Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Mixon Moore Morgan Morris Mullis

Murphy NeSmith Newton Odom Otwell Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Columbia Poole Rainey Raulerson Roberts Rodgers of Charlton Roper Ross Rowland Rutland Sangster Scoggin Sheffield Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tabb Teague Thornton Todd Tucker

416

JOURNAL OF THE HOUSE,

Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop

Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee

Wells of Camden Wickham Willingham Wilson Young

Those voting in the negative were Messrs.:

Birdsong Bolton Dollar Echols Flynt Hale

Henderson Lee of Clinch Moorman Pannell Phillips of Bibb Shuman

Strickland Taylor of Bibb Williams of Coffee Williams of Hall

Those not voting were Messrs.:

Ballard Barnett of Wilkes Barrett Bowen of Toombs Brackin Brantley Budd Caldwell Coker Collins Conner Culpepper Dickey Dicus Dorminy Duncan of Carroll Fleming Fuqua Greene Hall of Floyd

Howard Hull
Hurst Joiner Jones of Worth Jones of Sumter Kelly Kidd King Kirkland Knight of Laurens Lane Loggins McDonald McGarity Melton Milhollin Miller Moate Moss

Paris Parker of Ware Phillips of Walton Pickard Potts Purcell Rogers of Paulding Scarborough Simmons Singer Smith of Brantley Tamplin Taylor of Dawson Taylor of Decatur Underwood of Taylor White Wilkes Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 130, nays 16.

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

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia of 1933, relating to Workmen's Compensation, and for other purposes.

Mr. Branch of Tift moved that HB 228 be tabled.

WEDNESDAY, JANUARY 24, 1962

417

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

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Baughman Boggs Bowen of Randolph Brackin Branch Brooks of Oglethorpe Crawford Crowe Dickey Fitzgerald Funk Greene

Hodges Jones of Liberty Jordan Keadle Keyton Kimmons King Lewis of Wilkinson Mackay McDonald McGarity Morgan Mullis Murphy

Those voting in the negative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Black Blalock Bolton Bowen of Toombs Boyett Bozeman Brantley Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Collins Cox Culpepper Davis Deen Dollar

Doster Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Killian Killingsworth Kirkland Lane Langford Lee of Clinch Lee of Colquitt Lewis of Burke Lokey Lowrey Matthews of Clarke

Paris Scarborough Shuman Smith of Whitfield Story Stuckey Tamplin Taylor of Dawson Teague Walker of Telfair Wells of Oconee Williams of Hall Willingham Wilson
Matthews of Colquitt McClelland McCutchen Melton Milhollin Miller Mixon Moore Moorman Morris NeSmith Odom Otwell Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roper Ross Rowland Rutland Sangster Scoggin Sheffield Simmons

418

JOURNAL OF THE HOUSE,

Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Steis Stevens Strickland

Tabb Taylor of Bibb Thornton Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor

Vaughn Waldrop Walker of Lowndes Ware Wickham Wilkes Young

Those not voting were Messrs.:

Adams Clarke of Monroe Coker Conner Dicus Dorminy Duncan of Fannin Fowler of Treutlen Hale Howard Hurst Johnson Kelly

Kidd Knight of Laurens Knight of Berrien Loggins
Lovett Massee McCracken Moate Moss Newton Pannell Payton Phillips of Walton

Potts Roberts Rodgers of Charlton Rogers of Paulding Singer Taylor of Decatur Todd Watson Wells of Camden White Woodward Mr. Speaker

On the motion to table, the ayes were 42, nays 125.

The motion to table was lost.

Mr. Odom of Dougherty moved that HB 228 be postponed until Monday, January 29, 1962.

On the motion to postpone, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Barber Barnett of Baker
Boggs Bowen of Randolph
Boyett Brackin

Brantley Brooks of Oglethorpe Brown Busbee Bynuni Chandler Clarke of Monroe Crawford Crowe Culpepper

Dickey Dollar Dorminy Duncan of Fannin Dunn Fitzgerald Flexer Floyd Flynt Fordham

WEDNESDAY, JANUARY 24, 1962

419

Funk Fuqua Greene Hale Harrell
Hodges Hull Jordan Keadle Keyton Killian King Lane Lewis of Wilkinson Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity

Milhollin Miller Mixon Morgan Murphy Odom Paris Parker of Screven Parker of Ware Pelham Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Roper Rowland Scarborough Shuman Simmons

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Dawson
Teague Thornton Underwood of Taylor
Vaughn Walker of Lowndes Walker of Telfair Wells of Peach Wells of Oconee Wickham Williams of Coffee Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.

Andrews of Stephens Ballard Barnett of Wilkes Barrett Birdsong Black Blalock Bolton Bowen of Toombs Bozeman Branch Brooks of Fulton Budd Clark of Catoosa Cloer Cocke Collins Cox Davis Deen Doster Duncan of Carroll Echols Fleming Fowler of Douglas

Hall of Lee Hall of Floyd Henderson Hill
Horton Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Kimmons Kirkland Langford Lee of Clinch Lee of Clayton Lewis of Burke Lokey Lovett Lowrey Melton Moore Moorman Morris Moss NeSmith

Parker of Appling Farmer Phillips of Columbia Raulerson
Ross Rutland Sangster Scoggin Sheffield Simpson Sinclair Smith of Grady Smith of Brantley
Strickland Tabb Taylor of Bibb
Tucker Undercofler Underwood of
Montgomery Waldrop Ware Wilkes Young

Those not voting were Messrs.:

Adams Baughman

Caldwell Chance

Coker Conner

420

JOURNAL OF THE HOUSE,

Dicus Fowler of Treutlen Howard Hurst Johnson Kelly Kidd Killingsworth Knight of Laurens Knight of Berrien

Logging McCracken Moate Mullis Newton Otwell Pannell Payton Phillips of Walton Rodgers of Charlton

Rogers of Paulding Singer Taylor of Decatur Todd Watson Wells of Camden White Woodward Mr. Speaker

On the motion to postpone HB 228 the ayes were 96, nays 74.

HB 228 was postponed until Monday, January 29, 1962.

Mr. Walker of Lowndes stated that he was absent from the Hall of the House when the roll was called on HB 774 but had he been present he would have voted "Aye".

By unanimous consent, the House was recessed until 1:30 p.m. AFTERNOON SESSION
The Speaker called the House to order at 1:30 p.m.

Under the General Order of Business, the following Bills of the House were taken up for consideration and read the third time:

HB 585. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act relating to the special master procedure for exercising the power of eminent domain, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 24, 1962

421

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Barber
Barnett of Wilkes Barnett of Baker Baughman Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brantley Brown Budd Busbee By mini Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Crawford Crowe
Culpepper Davis Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Dunn Fitzgerald

Ployd
Fowler of Douglas Fowler of Treutlen Funk Hale Hall of Lee Henderson Hill Hodges Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Keyton Kidd Killingsworth Knight of Laurens Knight of Toombs Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee McClelland McCutchen Milhollin Mixon Moore Moorman Morgan Morris

Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Payton Poole Purcell Raulerson
Roberts Rodgers of Charlton
Ross Rutland Sheffield Shuman Sinclair Smith of Fulton Smith of Whitfield
Steis Story Strickland
Tabb Tamplin Taylor of Dawson
Todd Twitty Undercofler Vaughn Waldrop Walker of Telf air
Ware Wells of Peach Williams of Coffee
Young

Those voting in the negative were Messrs.:

Matthews of Colquitt Phillips of Bibb Simmons

Smith of Habersham
Teague Williams of Hall

Willingham Wilson

Those not voting were Messrs.:

Ballard Barrett Birdsong Boggs Bolton

Branch
Brooks of Oglethorpe Brooks of Fulton Caldwell Coker

Conner
Cox Deen Dickey Dicus

422

JOURNAL OF THE HOUSE,

Echols Fleming Flexer Flynt Fordham Fuqua Greece Hall of Floyd Horton Hurst Jones of Liberty Kelly Killian Kimmons King Kirkland
Lane Loggins Lovett Matthews of Clarke McCracken

McDonald McGarity Melton Miller Moate Newton Pannell Farmer Pelham Phillips of Columbia Phillips of Walton Pickard Potts Rainey Rogers of Paulding Roper Rowland Sangster Scarborough Scoggin Simpson

Singer Smith of Grady Smith of Brantley Stevens Stuckey Taylor of Decatur Taylor of Bibb Thorn ton Tucker Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Watson Wells of Oconee Wells of Camden White Wickham Wilkes Woodward Mr. Speaker

On the passage of the Bill, the ayes were 119, nays 8.

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

HB 795. By Messrs. Walker and Budd of Lowndes, Morris of Tift and others:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed re strictions applicable to motor vehicles, and for other purposes.

The following Committee Substitute was read:
A BILL
To be entitled an Act to amend an Act known as The Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to change the speed restrictions applicable to motor vehicles; 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 Uniform Act Regulating Traffic on High-

WEDNESDAY, JANUARY 24, 1962

423

ways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by striking from paragraph 2. of Article VI, Section 48, Subsection (b), the words "Sixty miles per hour" and inserting in lieu thereof the words "Sixty-five miles per hour" and by striking the words and figures "50 miles per hour" and inserting the words "sixty miles per hour"; by renumbering paragraph 3. of Article VI, Section 48, Subsection (b) so that said paragraph as re numbered will be known as paragraph 4.; and by adding a new para graph to Article VI, Section 48, Subsection (b) to be known as para graph 3. to read as follows:
"3. On all highways which comprise a part of the National System of Interstate and Defense Highways and having not less than four traffic lanes, the minimum speed shall be forty miles per hour and the maximum speed shall be seventy miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be forty miles per hour and the maximum speed shall be sixty-five miles per hour."

so that when so amended said Subsection shall read as follows:
"(b) Where no special hazards exist that require lower speed for compliance with Subsection (a) of this Section the speed of any vehicle not less than or not in excess of the limits specified in this Section or established as hereinafter authorized shall be lawful, but any speed less than or in excess of the limits specified in this Section or established as hereinafter authorized shall be unlawful.
1. Thirty-five miles per hour in any business or residence district;
2. Sixty-five miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times sixty miles per hour.
3. On all highways which comprise a part of the National System of Interstate and Defense Highways and having not less than four traffic lanes, the minimum speed shall be 40 miles per hour and the maximum speed shall be 70 miles per hour from onehalf hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be 40 miles per hour and the maxi mum speed shall be 65 miles per hour.
4. Where the total gross combined weight of trucks or trucktractors and trailers and load in pounds is less than 10,000 pounds the maximum speed shall not exceed 55 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and loads in pound is between 10,000 and 16,000 pounds the maxi mum speed shall not exceed 50 miles per hour; where the total gross weight of trucks or truck-tractors and trailers and load ex ceeds 16,000 pounds, the maximum speed shall not exceed 45 miles per hour. This subparagraph shall not apply to busses. Provided that no school bus while transporting school children shall exceed a speed of 40 miles per hour."

424

JOURNAL OF THE HOUSE,

SECTION 2

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

The following amendment to the Committee Substitute was read and adopted:
Mr. Walker of Lowndes moves to amend the Committee Substitute to HB 795, as follows:
"By striking from paragraph 2 of Article VI, Section 48, Sub section (b), the words 'Sixty miles per hour' and inserting in lieu thereof the words 'Sixty-five miles per hour' and by striking the words and figures '50 miles per hour' and inserting the words 'sixty miles per hour';".
"By striking from Section 1 thereof the following: 'Sixty-five miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times sixty miles per hour.' "
and inserting in lieu thereof the following:
'Sixty miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times 50 miles per hour'."
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, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock

Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd

Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Crawford Crowe

WEDNESDAY, JANUARY 24, 1962

425

Culpepper Davis Deen Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming Flexer Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Hale Hall of Lee Harrell Henderson Hodges Horton Howard Hull Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Killingsworth Knight of Laurens Knight of Berrien Langford

Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Moss Mullis NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Pelham Phillips of Bibb Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Ross

Rowland Rutland Sangster Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Twitty Undercofler Underwood of Taylor
Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware
Wells of Peach Wickham Williams of Hall Willing-ham Wilson Young

Those voting in the negative were Messrs.:

Dunn

Murphy

Those not voting were Messrs.:

Adams Ballard Barrett Branch Coker Conner Cox Dicus

Fordham Fuqua Greene Hall of Floyd Hill Hurst Jones of Liberty Kelly

Kimmons King Kirkland Lane Loggins Matthews of Clarke McCracken McDonald

426

JOURNAL OF THE HOUSE,

Moate Newton Pannell Farmer Payton Phillips of Columbia Phillips of Walton Pickard Potts

Roper Scarborough Scoggin Singer Stevens Taylor of Decatur Tucker Underwood of
Montgomery

Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Woodward Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 154, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Messrs. Lane and Pordham of Bulloch stated they were absent from the Hall of the House at the time the roll was called but had they been present they would have voted "Aye".

HB 713. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for clarification of provisions relating to riders upon motorcycles other than the oper ator, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Birdsong
Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett

Brooks of Oglethorpe Brooks of Fulton Brown
Budd Busbee Bynum Caldwell Chance Chandler

WEDNESDAY, JANUARY 24, 1962

427

Cloer Conner Cox Crawford Crowe Culpepper Davis Deen Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen
Funk Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Howard Hull Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle

Kelly Kidd Killingsworth Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen Melton Milhollin Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Odom Otwell
Paris Parker of Screven Parker of Ware Parker of Appling Phillips of Bibb Poole Potts Purcell Rainey

Roberts Rogers of Paulding Roper Ross Rowland Rutland Sangster Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Story Tabb Tamplin Taylor of Bibb Teague Thornton Todd Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair
Ware Wells of Oconee Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Voting in the negative was Mr. Collins.

Those not voting were Messrs.:

Ballard Bolton Bozeman Brackin Branch Brantley

Clark of Catoosa Clarke of Monroe Cocke Coker Dicus Fuqua

Greene Hill Hurst Jones of Liberty Keyton Killian

428

JOURNAL OF THE HOUSE,

Kimmons King Kirkland Loggins Lovett Matthews of Colquitt McCracken McDonald McGarity Miller Newton Pannell Farmer

Payton Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rodgers of Charlton Scarborough Scoggin Singer Smith of Fulton Stevens Strickland

Stuckey Taylor of Dawson Taylor of Deeatur Tucker Twitty Underwood of
Montgomery Watson Wells of Peach Wells of Camden White Woodward Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 1.

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

HB 793. By Messrs. Lee of Clinch, Raulerson of Echols and many others:
A Bill to be entitled an Act to amend Code Section 40-1805, relating to the duties and powers of the State Auditor, so as to provide that the State Auditor shall send a copy of the annual' financial report to each clerk of the superior court, and for other purposes.

The following amendment was read and adopted:
Mr. Lee of Clinch moves to amend HB 793 as follows:
By inserting in the title the word "consolidated" after the words "Auditor shall send a copy of the"; and
By inserting in Section 1, subsection (d), the word "consolidated" after the words "Auditor to send a copy of each such".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins

Andrews of Hall Arnsdorff

Barber Barnett of Baker

WEDNESDAY, JANUARY 24, 1962

429

Baughman Birdsong Black Bolton Brantley Busbee Chance Cloer Crowe Culpepper Dollar Doster Duncan of Fannin Duncan of Carroll Fitzgerald Fleming Floyd Flynt Hale Hall of Lee Harrell Henderson Hodges Howard Hull Joiner

Jones of Sumter Jordan Knight of Berrien Lee of Clinch Lewis of Burke Lovett Lowrey Mackay Massee Matthews of Colquitt McCutchen Melton Mixon Moore Moorman Morris Murphy Odom Pannell Paris Parker of Ware Parker of Appling Pelham Phillips of Bibb Pickard Poole

Those voting in the negative were Messrs.:

Barnett of Baker Blalock Bowen of Randolph Boyett Brown Bynum Clark of Catoosa Clarke of Monroe Cocke Deen Dunn

Fordham Hill Jones of Worth Keadle Lane Lee of Clayton Matthews of Clarke Morgan Moss Mullis NeSmith

Rogers of Paulding Rowland Rutland Sheffield Shuman Simmons Sinclair Smith of Grady Steis Strickland Tabb Tamplin Taylor of Bibb Thornton Todd Vaughn Waldrop Walker of Lowndes Walker of Telfair Wickham Wilkes Williams of Coffee Williams of Hall Willingham Young
Parker of Screven Payton Potts Purcell Rainey Ross Simpson Smith of Brantley Story Underwood of
Montgomery

Those not voting were Messrs.:

Adams Andrews of Stephens Ballard Barrett Boggs
Bowen of Toombs Bozeman Brackin Branch
Brooks of Oglethorpe Brooks of Fulton Budd

Caldwell Chandler Coker Collins Conner
Cox Crawford Davis Dickey
Dicus Dorminy Echols

Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hall of Floyd Horton Hurst Johnson Jones of Liberty Jones of Lumpkin

430

JOURNAL OF THE HOUSE,

Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lewis of Wilkinson Loggins Lokey McClelland McCracken McDonald McGarity Milhollin

Miller Moate Newton Otwell Farmer Phillips of Columbia Phillips of Walton Raulerson Roberts Rodgers of Charlton Roper Sangster Scarborough Scoggin Singer Smith of Fulton Smith of Habersham Smith of Whitfield

Stevens Stuckey Taylor of Dawson Taylor of Decatur Teague Tucker Twitty Undercofler Underwood of Taylor Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wilson Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 83, nays 32.
The Bill, having failed to receive the requisite constitutional majority, was lost

Mr. Lee of Clinch served notice that at the proper time he would ask the house to reconsider its action in failing to give the requisite constitutional majority to HB 793.

Under the General Order of Business, the following Bill of the House was again taken up for consideration:

HB 327. By Messrs. McClelland and Brooks of Fulton, and Lovett of Laurens:
A Bill to be entitled an Act to amend Code Section 84-1601 defining the terms "billiards" and "Billiard room", and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 24, 1962

431

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Brooks of Oglethorpe Brooks of Fulton Brown Busbee Chance Chandler Clark of Catoosa
Cloer Cocke Collins Crowe Culpepper Davis Dickey Doster Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Hall of Lee Hall of Floyd

Harrell Henderson Hill
Hodges Howard Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Keyton Killian Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCutchen Melton Milhollin Miller Moorman Morgan Morris Moss Mullis NeSmith Odom Paris Parker of Screven Parker of Ware

Parker of Appling Payton Pelham Phillips of Bibb Pickard Poole Purcell Rainey Ross Rowland Sangster Scarborough Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield
Steis Story Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Twitty Underwood of Taylor
Vaughn Waldrop Walker of Telfair Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Wilson Young

Those voting in the negative were Messrs.:

Abney Andrews of Hall Bynum Deen

Hale Mixon Murphy Smith of Habersham

Tabb Williams of Hall

Those not voting were Messrs.:

Barrett Blalock Bozeman

Brackin Branch Brantley

Budd Caldwell Clarke of Monroe

432

JOURNAL OF THE HOUSE,

Coker Conner Cox Crawford Dicus Dollar Dorminy Echols Floyd Flynt Fordham Funk Fuqua Greene Horton Hurst Johnson Jones of Liberty Jordan Kelly Kidd Killingsworth

Kimmons King Kirkland Lane Loggins Matthews of Clarke McCracken McDonald McGarity Moate Moore Newton Otwell Pannell Farmer Phillips of Columbia Phillips of Walton Potts Raulerson Roberts Rodgers of Charlton Rogers of Paulding

Roper Rutland Scoggin Singer
Stevens Strickland Stuckey Taylor of Decatur Todd Tucker Undercofler Underwood of
Montgomery Walker of Lowndes Ware Watson Wells of Camden White Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 122, nays 10.

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

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock a.m. to morrow morning.

THURSDAY, JANUARY 25, 1962

433

Representative Hall, Atlanta, Georgia Thursday, January 25, 1962

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Charles 0. Walker, Pastor, First Baptist Church, Jasper, Georgia:

Lift up your hearts; let us give thanks unto the Lord our God.
O Holy Father, almighty, everlasting God, we would at all times and in all places give thanks unto Thee through Jesus Christ our Lord. We bless Thee that through Him Thou didst make us in Thine image; and that, when we had fallen away from Thee through sin, Thou of Thine infinite mercy and love didst send Thy Son to be our Saviour.
We praise Thee for our freedom and the system of government we have inherited. Grant that we may guard diligently what we have received from the past, to use it for the present and pass on to others yet unborn these precious rights.
We pray for ourselves that we may walk in Thy fear, that we may order the affairs of the State of Georgia with wisdom and courage. Help us to love righteousness more than personal gain and to seek impartially the welfare of all the people. May we enact just laws and maintain our liberties.
Forgive our transgressions and sins.
Answer our prayers according to Thy will.
In Jesus' name we pray. Amen.

The roll call was ordered and the following members answered to their names:

Those voting in the affirmative were Messrs.

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber

Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Boggs Bolton

Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe

434

JOURNAL OF THE HOUSE,

Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly

Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole

Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Woodward Young

THURSDAY, JANUARY 25, 1962

435

Those not voting were Messrs.

Barnett of Baker Conner Crawford Dickey Dicus Doster

Howard Knight of Laurens Melton Potts Simpson Smith of Fulton

Taylor of Decatur Teague' Wells of Camden Wilson Mr. Speaker

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions.

2. First reading and reference of House Bills and Resolutions.

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

-

5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

Mr. Lee of Clinch asked unanimous consent that the House reconsider its action in failing to give the following Bill of the House the requisite constitu tional majority:

HB 793. By Messrs. Lee of Clinch, Raulerson of Echols, and others:
A Bill to be entitled an Act to amend Code Section 40-1805, relating to the duties and powers of the State Auditor, so as to provide that the State Auditor shall send a copy of the annual financial report to each clerk of the superior court; and for other purposes.
The consent was granted, and the Bill was placed on the General Calendar.

436

JOURNAL OP THE HOUSE,

Mr. Chandler of Baldwin asked unanimous consent that the following Bill of the House be recommitted to the Committee on Judiciary for further study:

HB 29. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act to effect a complete re vision of the laws of this State, relating to the qualifications and regis tration of voters; and for other purposes.

The consent was granted and HB 29 was recommitted to the Committee on Judiciary.

Mr. Potts of Coweta was granted leave for Thursday and Friday, January 25 and 26, in order to attend to some educational affairs in which some members of the General Assembly were deeply interested.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 892. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Harris County on a salary system in lieu of a fee system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 893. By Mr. Todd of Glascock: A Bill to be entitled an Act to amend an Act known as the Intangible Property Tax Act, so as to provide that the Intangible Property Tax shall not apply to Production Credit Associations; and for other purposes.
Referred to the Committee on Ways and Means.
HB 894. By Messrs. Smith and Boyett of Whitfield: A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues of Whitfield County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 895. By Mr. Barber of Jackson: A Bill to be entitled an Act to create and establish a Board of Physical

THURSDAY, JANUARY 25, 1962

437

Therapy, and to provide and specify all details germane and pertinent to the composition, administration and operation of same; and for other purposes.

Referred to the Committee on Hygiene and Sanitation.

HB 896. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act relating to fishing on the Sabbath, so as to except certain counties; and for other purposes.
Referred to the Committee on Natural Resources.

HB 897. By Messrs. Smith of Habersham, Simmons of Banks, Matthews of Colquitt and Newton of Colquitt: A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide the procedure by which it shall be determined whether malt beverages shall or shall not be sold in a county; and for other purposes.
Mr. Smith of Habersham moved that this Bill be engrossed.
On the motion to engross, the ayes were 138, nays 0.
The motion prevailed and the Speaker ordered that HB 897 be engrossed, and referred the same to the Committee on Temperance.

HB 898. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Springfield shall not be affected by the provisions of this Act; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 899. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Washington; and for other purposes.
Referred to the Committee on Local Affairs.

438

JOURNAL OF THE HOUSE,

HB 900. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act creating the Town of Avera, so as to provide for a mayor and five councilmen, and for other purposes.
Referred to the Committee on Local Affairs.

HB 901. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues for the County of Whitfield; and for other purposes.
Referred to the Committee on Local Affairs.

HB 902. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act creating a retirement benefit fund for the employees of Burke County; and for other purposes.

HB 903. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Burke; and for other purposes.
Referred to the Committee on Local Affairs.

HB 904. By Messrs. Lewis and Tucker of Burke: A Bill to be entitled an Act to amend an Act creating the City Court of Waynesboro in Burke County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 905. By Mr. Simmons of Banks: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Banks County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 906. By Messrs. Mixon of Irwin, Waldrop of Carroll, Farmer of Heard, Henderson of Atkinson and Parker of Appling: A Bill to be entitled an Act to amend an Act relating to the licensing and bonding of dealers in agricultural products so as to include eggs within the definition of agricultural products; and for other purposes.
Referred to the Committee on Agriculture.

THURSDAY, JANUARY 25, 1962

439

HB 907. By Mr. Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the Georgia In surance Code of 1960, so as to provide new tables as minimum valuation standards for industrial life insurance policies, annuities, disability benefits and accidental death benefits; and for other purposes.
Referred to the Committee on Insurance.

HR 428-907. By Mr. Brackin of Seminole:
A Resolution proposing an amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 429-907. By Mr. Underwood of Montgomery:
A Resolution to authorize the Department of Public Health to write off uncollectable accounts; and for other purposes.
Referred to the Committee on State of Republic.

HR 430-907. By Mr. McCracken of Jefferson:
A Resolution authorizing the conveyance of certain property to the Town of Stapleton; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 908. By Messrs. Parker and Hodges of Ware:
A Bill to be entitled an Act to amend an Act relating to fees paid coroners, so as to change the compensation of coroners in certain coun ties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 909. By Messrs. Story of Gwinnett and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to notice of ap plication for order to sell and reinvest the estate of a ward, so as to provide that service shall not be necessary under certain circumstances; and for other purposes.
Referred to the Committee on Judiciary.

HR 431-909. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County; and for other purposes.
Referred to the Committee on State Institutions and Property.

440

JOURNAL OF THE HOUSE,

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett, Smith of Habersham, Greene of Bartow, Moore of Polk, Miller of Elbert, Cloer of Towns and Wilson of Cobb.
A Bill to be entitled an Act establishing a retirement system for the teachers in the State Public Schools and other State supported Schools, so as to eliminate the requirements for maintaining an annuity reserve fund and pension reserve fund; and for other purposes.
Referred to the Committee on Education.

HB 911. By Messrs. Hall of Floyd, Matthews of Clarke, Moore of Polk, Smith of Emanuel, Lane of Bulloch, Scoggin of Floyd and others:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education, so as to provide for the creation of the position of a Budget Officer responsible to the State Board of Education; and for other purposes.
Referred to the Committee on Education.

HB 912. By Messrs. Strickland of Evans and Brantley of Candler:
A Bill to be entitled an Act to amend an Act so as to provide that petroleum products shall be sold only from metered measuring devices; and for other purposes.
Referred to the Committee on Agriculture.

HR 432-912 By Mr. Kidd of Baldwin:
A Resolution to compensate the estate of Henry E. Hardee; and for other purposes.
Referred to the Committee on Appropriations.

HR 433-912. By Messrs. Barrett of Cherokee, Underwood of Taylor, McCutchen of Gilmer, Ross of Lincoln, Arnsdorff of Effingham and others:
A Resolution authorizing the continued existence of the Sub-Commit tee on Hygiene & Sanitation, No. 2; and for other purposes.
Referred to the Committee on Rules.

HR 434-912. By Messrs. Kidd and Chandler of Baldwin:
A Resolution compensating W. G. Messer of Milledgeville; and for other purposes.
Referred to the Committee on Appropriations.

THURSDAY, JANUARY 25, 1962

441

HB 913. By Messrs. Pordham and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system; and for other purpcrses.
Referred to the Committee on Local Affairs.

HB 914. By Messrs. Rutland, Mackay and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program of Education, so as to equalize educational oppor tunities throughout the State; and for other purposes.

HB 915. By Messrs. Lowrey of Floyd, Fowler of Douglas, Tamplin of Morgan, Smith of Habersham and Farmer of Heard:
A Bill to be entitled an Act to amend an Act known as the Georgia Seed Law, so as to provide that it shall be unlawful for any person to sell or offer for sale treated seed for feed purposes; and for other purposes.
Referred to the Committee on Agriculture.

HR 446-915. By Mr. Thornton of Bibb:
A Resolution to amend a Resolution creating the Criminal Law Study Committee, so as to clarify provisions relating to service and funds; and for other purposes.
Referred to the Committee on State of Republic.

HR 447-915. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay and Rutland of DeKalb:
A Resolution providing for a Commission to study primary, general and special elections held in the City of Atlanta for the nomination and election of public officials for the City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.

HR 448-915. By Mr. Smith of Brantley: A Resolution compensating Vernon Strickland; and for other purposes.
Referred to the Committee on Appropriations.

HR 449-915. By Mr. Sheffield of Brooks: A Resolution proposing an amendment to the Constitution so as to

442

JOURNAL OF THE HOUSE,

provide for the merger of the school systems of the City of Quitman and Brooks County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 916. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Monroe County, relating to clerical help; and for other purposes.
Referred to the Committee on Local Affairs.

HR 450-916. By Messrs. Smith of Habersham, Cocke of Terrell, Fowler of Treutlen, McGarity of Henry, Wilson of Cobb and others:
A Resolution relative to school bus drivers; to create a Committee to study possibility of Retirement for School bus drivers; and for other purposes.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

SB 172. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for disability retire ment for members of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on State of Republic.

SB 178. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to amend Code Section 92-4901, relating to the duties of Tax Collectors, so as to provide that the Tax Collector need not make rounds for the purpose of collecting taxes; and for other purposes.
Referred to the Committee on State of Republic.

SB 179. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to amend Code Section 92-4611, relating to the duties of Tax Receivers, so as to provide that the Tax Receiver need not make rounds for the purpose of receiving tax returns; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, JANUARY 25, 1962

443

SB 183. By Senators Claxton of the 21st, Jones of the 23rd, Towson of the 16th and others:
A Bill to be entitled an Act to provide for a Georgia Police Academy; and for other purposes.
Referred to the Committee on State of Republic.

SB 184. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
Referred to the Committee on Local Affairs.

SB 186. By Senator Whisnant of the 25th: A Bill to be entitled an Act to provide for the holding of three terms of the Superior Court and Harris County; to prescribe the terms for holding such terms; and for other purposes.
Referred to the Committee on Local Affairs.
SB 193. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend Code Chapter 84-1, as amended, relating to Joint Secretary of State Examining Baords, so as to provide the venue, of any action pertaining to, by or against members of any State Examining Board now in existence or hereafter created; and for other purposes.
Referred to the Committee on State of Republic.
SR 107. By Senator Towson of the 16th: A Resolution proposing to the qualified voters an amendment to the Constitution providing that the County School Superintendent of Laurens County shall be elected by the Board of Education of Laurens County; and for other purposes.
Referred to the Committee on Local Affairs.
SR 108. By Senator Towson of the 16th: A Resolution to the qualified voters an amendment to the Constitution providing that members of the Board of Education of Laurens County shall be elected by the people; and for other purposes.
Referred to the Committee on Local Affairs.

444

JOURNAL OP THE HOUSE,

SR 109. By Senator Towson of the 16th:
A Resolution proposing an amendment to the Constitution so as to create the City of Dublin and County of Laurens Development Author ity; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent the following Bills and Resolutions of the House and Senate were read the second time:

HB 854. By Mr. Wells of Camden:
A Bill to be entitled an Act to authorize and empower the City of St. Marys, Georgia, to abandon and close by ordinance certain streets; and for other purposes.

HB 855. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act revising, superseding, and consolidating the State Game and Pish Laws, so as to prohibit crab fishing in St. Andrews Sound with power drawn nets during the closed season on shrimp; and for other purposes.

HB 856. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland; to provide for a system of natural or manufactured gas in said City; and for other purposes.

HB 857. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland, relating to elections; and for other purposes.

HB 858. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys; and for other purposes.

HB 859. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act placing certain county officials of Camden County on a salary basis; and for other purposes.

HR 415-859. By Mr. Wells of Camden:
A Resolution proposing an amendment to the Constitution so as to create the Kingsland Development Authority; and for other purposes.

THURSDAY, JANUARY 25, 1962

445

HB 860. By Messrs. Taylor and Thornton of Bibb, Knight of Berrien, Baughman of Early, Flexer of Glynn and Mullis of Bleckley and others:
A Bill to be entitled an Act to create the Georgia Board of Floral De signers; and for other purposes.

HB 861. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act providing for the defi nition of certain words used concerning the regulation of motor com mon carriers, so as to define "for hire"; and for other purposes.

HB 862. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act concerning the regulation of motor contract carriers, so as to define "for hire"; and for other purposes.

HR 416-862. By Mr. Knight of Berrien:
A resolution proposing an amendment to the Constitution so as to create the Berrien County Industrial Building Authority; and for other purposes.

HB 863. By Messrs. Bowen of Toombs, Kirkland of Tattnall, Fowler of Treutlen, Arnsdorff of Effingham, Newton of Colquitt and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act revising the State Game and Fish Laws, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.

HB 864. By Messrs. Raulerson of Echols, Walker of Lowndes, Rodgers of Charlton, Rowland of Johnson and Rogers of Paulding:
A Bill to be entitled an Act to provide for the installation of wind shields and tops on track cars operated by common carriers; and for other purposes.

HB 865. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Milner, so as to provide said town with power to close certain streets; and for other purposes.

HB 866. By Mr. Barnett of Baker: A Bill to be entitled an Act to provide for the compensation of the

446

JOURNAL OF THE HOUSE,

persons holding the office of Tax Collector and Tax Receivers in cer tain counties; and for other purposes.

HB 867. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act to provide an option to the grand jury of each county to permit the selection from the same jury box of all traverse jurors in all courts designated by the grand jury; and for other purposes.

HB 868. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Bremen, so as to repeal the charter of Bremen and to enact in lieu thereof a new charter of said town; and for other purposes.

HB 869. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend an Act relating to weights and measures, so as to provide that it shall be lawful to sell corn and other grains on a one hundred weight basis; and for other purposes.

HB 870. By Messrs. Wells of Oconee, Boggs of Madison, Lewis of Wilkinson, Fowler of Douglas, Murphy of Haralson, Tamplin of Morgan and others:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law and providing for powers and duties of the Division of Vital Statistics of the State Board of Health; and for other purposes.'

HB 871. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act so as to provide that the holder of certain notes that are in default may treat the note as accelerated; and for other purposes.

HB 872. By Mr. Massee of Pulaski: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawkinsville; and for other purposes.
HB 873. By Mr. Massee of Pulaski: A Bill to be entitled an Act creating a new charter for the City of Hawkinsville, so as ot change the corporate limits of the City of Hawk insville; and for other purposes.

THURSDAY, JANUARY 25, 1962

447

HB 874. By Mr. Massee of Pulaski:
A Bill to be entitled an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawkinsville; and for other purposes.

HB 875. By Messrs. Smith of Grady, Fowler of Douglas, Moate of Hancock, Busbee of Dougherty, Undercofler of Sumter and many others:
A Bill to be entitled an Act to amend an Act relating to the definition used in the Motor Carrier Act of 1931, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the trans portation of certain fresh vegetables; and for other purposes.

HR 417-875. By Messrs. Floyd of Chattooga, Rogers of Paulding, Knight of Berrien, Loggins of Chattooga, Massee of Pulaski and others:
A Resolution proposing an amendment to the Constitution so as to authorize future Governors to succeed themselves in office; and for other purposes.

HR 418-875. By Mr. Rowland of Johnson:
A Resolution proposing an amendment to the Constitution so as to authorize governing body of Johnson County to levy an annual ad valorem tax; and for other purposes.

HR 419-875. By Mr. Fowler of Treutlen: A Resolution to compensate Miss Dona Gillis; and for other purposes.

HR 420-875. By Messrs. Bowen of Randolph, Hurst of Quitman, Williams and Andrews of Hall, Andrews of Stephens and Farmer of Heard:
A Resolution proposing an amendment to the Constitution so as to disqualify a write-in vote candidate unless he announced his intention or candidacy ten or more days prior to the election; and for other purposes.

HR.421-875. By Mr. Wells of Peach:
A Resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.

HB 876. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to change the compensa tion of the coroner of Bartow County from the fee system to the salary system; and for other purposes.

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HB 877. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County, the Clerk of the Superior Court, the Ordinary and Sheriff; and for other purposes.

HB 878. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act abolishing the office of county treasurer of Bartow County and providing that the Clerk of the Boards of Commissioners shall perform the duties of treasurer; and for other purposes.

HB 879. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County; and for other purposes.

HB 880. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County; and for other purposes.

HB 881. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits of said City; and for other purposes.

HB 882. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act, so as to provide for the redefinition of a lienholder; and for other purposes.

HB 883. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act to make appropriations for the operation of the State Government, so as to provide contingent appropriations to the Department of Revenue for the purpose of carry ing the Motor Vehicle Certificate of Title Act; and for other purposes.

HB 884. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act relating to motor vehicles, so as to provide for annual fees for the licensing of private trucks and to provide for the basis on which private trucks are taxed annually; and for other purposes.

THURSDAY, JANUARY 25, 1962

449

HB 885. By Messrs. Bowen of Toombs, Arnsdorff of Effingham, Fowler of Treutlen, Johnson of Jenkins, Parker of Screven, Bowen of Randolph and others:
A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for the standardization of moisture testing equipment; and for other purposes.

HB 886. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Charlton; and for other purposes.

HB 887. By Mr. Doster of Wilcox:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Abbeville; and for other purposes.

HB 888. By Messrs. NeSmith and Hill of Meriwether:
A Bill to be entitled an Act to amend the charter of the City of Man chester; to provide that the governing body of said city shall consist of five commissioners; and for other purposes.

HR 422-888. By Mr. Lokey of McDuffie:
A Resolution proposing an amendment to the Constitution so as to create the Thomson and McDuffie County Development Authority; and for other purposes.

HR 423-888. By Messrs. Greene and Crowe of Bartow:
A Resolution proposing an amendment to the Constitution so as to create the Cartersville Development Authority; and for other purposes.

HB 889. By Messrs. Rowland of Johnson, Scoggin of Floyd and Chance of Twiggs:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to change the salary of any judge who shall have attained the age of 68 years and has served at least ten years as Judge of the Superior Court; and for other pur poses.

HB 890. By Mr. Smith of Fulton: A Bill to be entitled an Act to amend an Act relating to criminal pro-

450

JOURNAL OF THE HOUSE,

cedure, so as to provide that persons under the age of 18 years shall not be sentenced to death for the commission of a capital crime, but shall instead be sentenced to life imprisonment; and for other purposes.

HB 891. By Messrs. Smith of Emanuel, Caldwell of Upson, Lewis of Burke, Echols of Upson, Sheffield of Brooks and many others:
A Bill to be entitled an Act to amend an Act regulating the preparation, content and recording of maps or plats of survey of tracks or bodies of land, so as to provide a change in certain words and figures in said Act; and for other purposes.

HR 424-891. By Messrs. Matthews and Newton of Colquitt:
A Resolution proposing an amendment to the Constitution so as to increase the authorized payment for the bringing in of the first com mercial oil well in this State; and for other purposes.

HR 425-891. By Messrs. Matthews and Newton of Colquitt:
A Resolution to designate the State Park located on Little River in Colquitt, Cook and Tift Counties as the "Reed Bingham State Park" and "Bingham Lake"; and for other purposes.

HR 426-891. By Messrs. McClelland, Brooks and M. Smith of Fulton, Mackay, Howard and Rutland of DeKalb:
A Resolution amending the Resolution creating the Fulton County-City of Atlanta Study Commission, so as to extend the time for making a report of its findings and recommendations; and for other purposes.

SB 169. By Senator Jackson of the 24th: A Bill to be entitled an Act authorizing the County Commissioners or other governing authorities in certain counties to create Emeritus Offices for retiring department heads of said county government; and for other purposes.
SB 170. By Senators Raynor of the 4th, Hart of the 53rd and Ponsell of the 5th: A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military, so as to fix the date for holding political party primaries; and for other purposes.
SB 175. By Senator Long of the 3rd: A Bill to be entitled an Act to amend Code Section 59-101 relating to

THURSDAY, JANUARY 25, 1962

451

the appointment, numbering, qualifications, terms, and removal of jury commissioners, as amended; and for other purposes.

SB 176. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic laws; and for other purposes.

SB 185. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, as amended, so as to change the compensation of said Commissioners; and for other purposes.

SB 187. By Senator Veazey of the 19th:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Warrenton in lieu of the Town of Warrenton; and for other purposes.

SB 189. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act known as the "State-Wide Probation Act,", so as to provide subsistence for each member of the State Board of Probation; and for other purposes.

SB 190. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874; and for other purposes.

SB 191. By Senator Grayson of the 1st:
A Bill to be entitled an Act revising and consolidating the several acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said town to the Town of Thunderbolt, to enlarge the corporate limits of the Town of Thunderbolt; and for other purposes.

SR 102. By Senator Knox of the 54th:
A Resolution to create a committee to investigate the feasibility of creating a Georgia Housing Administration; and for other purposes.

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SR 101. By Senator Ponsell of the 5th:
A Resolution proposing an amendment to the Constitution so as to provide that the City of Waycross may use the funds raised from the industrial levy in assisting, promoting and encouraging the location of industries in Ware County; and for other purposes.

SR 103. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph 3 of the Constitution of the State of Georgia of 1945, providing for tax equalization in Chat ham County; and for other purposes.

Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
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 House with the following recommendations:
HB 823. Do Pass. HB 885. Do Pass. HB 875. Do Pass.
Respectfully submitted, Fowler of Douglas, Chairman.

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 787. Do Pass. HB 883. Do Pass.
Respectfully submitted, Smith of Grady, Chairman.

THURSDAY, JANUARY 25, 1962

453

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 42- 99. Do Pass, as Amended. HR 175-538. Do Pass, as Amended. HR 229-668. Do Pass, as Amended. HR 330-727. Do Pass. HR 343-735. Do Pass. HR 354-741. Do Pass. HR 286-704. Do Pass. HR 361-755. Do Pass.
Respectfully submitted, Smith of Grady, Chairman.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation, has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 765. Do Pass. HB 229. Do Pass.
Respectfully submitted, Barber of Jackson, Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciai-y has had under consideration the fol-

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JOURNAL OF THE HOUSE,

lowing Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 371-768. Do Pass.

HB 467. Do Pass.

Respectfully submitted,

Bolton of Spalding,



Chairman.

The following message was received from the Senate through Mr. Stewart' the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer and others:
A bill to amend Code Chapter 40-4, relating to the Budget Bureau, so as to create a new Budget Bureau; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bill of the House to wit:

HB 710. By Messrs. Bowen of Randolph, Smith of Grady and others:
A bill to amend an Act providing a contingent expense and travel allowance for court reporters; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:

SB 184. By Senators Brown of the 52nd and McWhorter of the 34th:
A bill to amend an Act establishing a new Charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory thereof; and for other purposes.

THURSDAY, JANUARY 25, 1962

455

SB 186. By Senator Whisnant of the 25th:
A bill to provide for the holding of three terms of the Superior Court of Harris County; to prescribe the times for holding such terms; to provide an effective date; to repeal conflicting laws; and for other purposes.

SR 107. By Senator Towson of the 16th:
A resolution proposing to the qualified voters an amendment to the Constitution providing that the County School Superintendent of Laurens County shall be elected by the Board of Education of Laurens County; and for other purposes.

SR 108. By Senator Towson of the 16th:
A resolution proposing to the qualified voters an amendment to the Constitution providing that members of the Board of Education of Laurens County shall be elected by the people; and for other purposes.

SR 109. By Senator Towson of the 16th:
A resolution proposing an amendment to the Constitution so as to create the City of Dublin and County of Laurens Development Authority; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 172. By Senator Knox of the 54th and Senator Sanders of the 18th:
A Bill to amend an Act establishing the State Employees' Retirement System, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for disability retirement for members of the Uniform Division of the Department of Public Safety and Officers and agents of the Georgia Bureau of Investigation; and for other purposes.

SB 178. By Senator McWhorter of the 50th:
A Bill to amend Code Section 92-4901, relating .to the duties of Tax Col lectors, so as to provide that the Tax Collector need not make rounds for the purpose of collecting taxes; to repeal conflicting laws; and for other purposes.

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SB 179. By Senator McWhorter of the 50th:
A Bill to amend Code Section 92-4611, relating to the duties of Tax Receivers, so as to provide that the Tax Receiver need not make rounds for the purpose of receiving tax returns to repeal conflicting laws; and for other purposes.

SB 183. By Senators Claxton of the 21st, Jones of the 23rd and others: A Bill to provide for a Georgia Police Academy; and for other purposes.

SB 193. By Senator Overby of the 33rd:
A Bill to amend Code Chapter 84-1, as amended, relating to Joint Secre tary of State Examining Boards, so as to provide the venue of any action pertaining to, by or against members of any State Examining Board now in existence or hereafter created; to repeal conflicting laws; and for other purposes.

SB 201. By Senators Mathews of the 48th, McKenzie of the 13th and others:
A Bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 764. By Mr. Ballard of Newton:
A Bill to amend the charter of the City of Covington, to incorporate and to grant a new charter to the City of Covington; and for other purposes.

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 456. By Messrs. Newton of Colquitt and Farmer of Heard:
A RESOLUTION
Inviting Honorable Orville L. Freeman to address a joint session of the House and Senate; and for other purposes.

THURSDAY, JANUARY 25, 1962

457

WHEREAS, Honorable Orville L. Freeman, Secretary of Agricul ture of the United States, will once again honor Georgia, the Empire State of the South, with a visit to our beloved State; and

WHEREAS, it appears that in all likelihood he has visited the State of Georgia almost as many times as he has his native State of Minne sota during his tenure of office; and

WHEREAS, his basic beliefs and philosophies concerning the wellbeing and future growth of agriculture in this Nation lead the members of this body to believe there flows within the veins of Honorable Orville L. Freeman, the blood of a scholar and a true southern gentleman; and

WHEREAS, it is the desire of the Governor, Honorable S. Ernest Vandiver, the Lieutenant Governor, Honorable Garland T. Byrd, the Speaker of the House, Honorable Geo. L. Smith II, the members of the General Assembly, and all the citizens of Georgia, to confer upon Hon orable Orville L. Freeman the title of Honorary Citizen of the sovereign State of Georgia, with all the rights and privileges appertaining thereto; and

WHEREAS, the members of this body are desirable of hearing an address by Honorable Orville L. Freeman, whose ideas on the subject of agriculture so closely coincide with those of the great majority of the agricultural leaders and farmers of this State;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the title of Honorary Citizen of the sovereign State of Georgia is hereby conferred upon Honorable Orville L. Freeman, Secretary of Agriculture of the United States, and he is hereby extended a most cordial invitation to address a joint session of the House of Representatives and the Senate on February 8, 1962, at 2:00 o'clock P. M.

BE IT FURTHER RESOLVED that a joint session of the House and Senate is hereby called to be held in the Hall of the House of Representatives on February 8, 1962, at 1:45 o'clock P. M. for the aforesaid purpose.

BE IT FURTHER RESOLVED that the Speaker of the House and the Lieutenant Governor are hereby authorized to make whatever ar rangements are necessary relative to the appearance of Mr. Freeman.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Orville L. Freeman.
Adopted by House January 25, 1962.

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HR 457. By Messrs. Andrews of Stephens and Smith of Emanuel:

A RESOLUTION

Recommending the appointment of Mrs. Orville Tyler (Bruce) Schaefer as Treasurer of the United States, and for other purposes.

WHEREAS, the lovely and distinguished lady who is serving as Treasurer of the United States is reportedly resigning that esteeemed position in our Federal Government; and,

WHEREAS, because of her eminence in the field of public service to her community, State and country, Mrs. Orville Tyler (Bruce) Schaefer of Toccoa, Stephens County, Georgia, is being seriously con sidered for the position of Treasurer of the United States; and

WHEREAS, Mrs. Schaefer's career is exemplary in that she has served as President of the State Medical Auxiliary, is now serving the State of Georgia as a member of the State Board of Education, as State Vice-President of the Parent-Teachers Association, and as a member of the Board of Trusteees of her Alma Mater, Brenau College; and in that Mrs. Schaefer's public service activities are not limited to those in aid of the State, as she has been a member of the Ninth Dis trict Democratic Executive Committee, Vice Chairman of the Georgia State Democratic Executive Committee and is now the Democratic National Committee-woman from Georgia and a member of the Execu tive and Resolution Committee of the National Democratic Party. Mrs. Schaefer has been honored by selection to Who's Who In America for 1962. She is also a charter member of the Georgia Committee of the National Council on Crime and Delinquency; and

WHEREAS, Mrs. Schaefer is married to one of Georgia's out standing surgeons, and has assisted him in his humanitarian profession and has been widely sought after as a speaker in behalf of numerous progressive movements related to church, school and civic affairs; and
WHEREAS, this body feels that it is only Mrs. Schaefer's due that we highly commend and recommend her to the people of Georgia and the people of the United States as the best possible choice for the next Treasurer of the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that this body do highly recommend the able, lovely and distinguished Mrs. Orville Tyler (Bruce) Schaefer as the next Treasurer of the United States of America.

BE IT FURTHER RESOLVED that the Clerk of the House be instructed to transmit copies of this Resolution to Honorable John F. Kennedy, President of the United States, to the members from Georgia of the House of Representatives of the United States and to the Honor able Richard B. Russell and the Honorable Herman E. Talmadge, Senior and Junior Senators from Georgia and to Dr. and Mrs. Schaefer at Toccoa, Georgia.

THURSDAY, JANUARY 25, 1962

459

HR 458. By Mr. Smith of Emanuel:

A RESOLUTION

Expressing appreciation to Honorable Ed Hiles and the Georgia Savings and Loan League; and for other purposes.

WHEREAS, on Wednesday evening, January 24, 1962, the members of the General Assembly were entertained at a most delightful recep tion and buffet dinner sponsored by the Georgia Savings and Loan League under the capable direction of Executive Vice-President Ed Hiles; and

WHEREAS, all who attended are in agreement that it was one of the most thoroughly enjoyable events of the entire session;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincere appreciation is hereby ex pressed to the Georgia Savings and Loan League and the Executive Vice-President, Ed Hiles, for the aforesaid reception and buffet dinner.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Ed Hiles.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the requisite constitutional majority the following resolution of the House to wit:

HR 456. By Messrs. Newton of Colquitt and Farmer of Heard:
A Resolution inviting Honorable Orville L. Freeman, Secretary of Agri culture of the United States to address a joint session of the Georgia General Assembly, February 8, 1962, at 2:00 o'clock P.M., providing for the president of the Senate and speaker of the House to make necessary arrangements relative to the appearance of Mr. Freeman; and for other purposes.

By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:

HR 404-831. By Mr. Dorminy of Ben Hill: A RESOLUTION
Proposing an amendment to the Constitution so as to create the

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Fitzgerald and Ben Hill County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:

"There is hereby created a body corporate and politic to be known as the 'Fitzgerald and Ben Hill County Development Author ity' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the City of Fitzgerald and the County of Ben Hill. The city and county may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

"Neither the city nor the county is authorized to levy a tax for the purposes of the authority herein created.

"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General As sembly may pass all other necessary legislation for the implementa tion of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the City of Fitzgerald and the County of Ben Hill. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

When the above proposed amendment to the Constitution shall have

THURSDAY, JANUARY 25, 1962

461

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 pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to create the Fitzgerald and Ben Hill Development Authority.

"Against ratification of amendment to the Constitution so as to create the Fitzgerald and Ben Hill County Development Author ity."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown

Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford

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JOURNAL OF THE HOUSE,

Crowe Culpepper Davis Been Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth

Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole

Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Woodward Young Mr. Speaker

Those not voting were Messrs.

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton
Busbee Bynum Caldwell Coker Floyd Flynt

Fordham Hill Howard Jones of Worth Knight of Laurens Lane Lokey Lovett Mackay McCracken McDonald

Miller Morgan Moss Odom Potts Roberts Rogers of Paulding Roper Ross Scarborough Scoggin

THURSDAY, JANUARY 25, 1962

463

Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton

Smith of Habersham Taylor of Decatur Todd Undercofler

Underwood of Montgomery
Wells of Camden Willingham Wilson

On the adoption of the Resolution, the ayes were 158, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 366-766. By Mr. Sinclair of Macon:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Macon County Industrial Building Authority; to provide for powers, authority, funds, purposes, and procedure connected therewith; to pro vide 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 IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Macon County to be known as the Macon County Industrial Build ing Authority, which shall be an instrumentality of Macon County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of seven members. The Presi dent of the Montezuma Chamber of Commerce; Mayors of the Cities of Oglethorpe, Montezuma, Marshallville, and Ideal; the Chairman of the Macon County Board of Commissioners; and one person selected at-large by the six members so named; shall be members of the Authority; and said members of the Authority in the By-Laws of the Authority, may provide for the term of office and manner of election of the at-large member. Persons holding the offices described above shall automatically become members of the Authority, but shall be members only for as long as they hold the office qualifying them for such membership. Vacancies shall be filled for the unexpired term by the said Macon County Board of County Commissioners. A majority of the members shall constitute

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JOURNAL OF THE HOUSE,

a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations, and interest of the obligations of Macon County.

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue certificates, and to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security thereof;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Macon County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Macon County suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, and through the acquisition of an existing building and the remodeling, reno vating, reconstructing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7) To accumulate its funds from year to year and to invest

THURSDAY, JANUARY 25, 1962

465

accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Geor gia or Macon County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Macon County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Macon County.

"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment in Macon County.
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county

466

JOURNAL OF THE HOUSE,

reduce the number of employees employed by said lessee or pur chaser elsewhere in the County of Macon.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said 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 Macon County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding the public good and welfare, industry and trade within Macon County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reefernce to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed and take office within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Macon County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Macon County Industrial Building Authority.

THURSDAY, JANUARY 25, 1962

467

"Against ratification of amendment to the Constitution so as to create the Macon County Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Macon County shall vote for rati fication thereof, this amendment shall become a part of the Constitu tion of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler

Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas

Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth

468

JOURNAL OP THE HOUSE,

Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Colquitt Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton

Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis Stevens

Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Ballard
Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker Floyd Flynt ' Fordham Hill Howard Jones of Worth Knight of Laurens Lane

Lokey Lovett Mackay McCracken McDonald Miller Morgan Moss Odom Potts Roberts Rogers of Paulding Roper Scarborough Ross Scoggin Simpson

Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Decatur Todd Undercofler
Underwood of Montgomery
Wells of Camden Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

THURSDAY, JANUARY 25, 1962

469

HR 360-755. By Mr. Pelham of Schley:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Schley County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:

"There is hereby created a body corporate and politic to be known as the 'Schley County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Schley County. The County may contract with the Authority as a public corporation as provided by the Con
stitution of Georgia.

"The County is authorized to levy a tax on all taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed.
"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, pow ers, and authority as prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or author ized in any manner to create a debt as against the State of Georgia or the County of Schley. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

470

JOURNAL OF THE HOUSE,

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Schley County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Schley County Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution the roll call was ordered and the vote was as follows:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black

Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler Clark of Catoosa

Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus

THURSDAY, JANUARY 25, 1962

471

Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen
Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien

Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson
Lewis of Burke Loggins
Lowrey Massee Matthews of Clarke Matthews of Colquitt
McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith
Newton Otwell Pannell
Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia
Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey

Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis
Stevens Story Strickland
Stuckey Tabb Tamplin
Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Underwood Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton
Busbee Bynum Caldwell
Coker Floyd Flynt Fordham

Hill Howard Jones of Worth Knight of Laurens Lane
Lokey Lovett Mackay McCracken McDonald Miller Morgan

Moss Odom Potts Roberts Rogers of Paulding
Roper Ross Scarborough Scoggin Simpson Singer Smith of Grady

472

JOURNAL OF THE HOUSE,

Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Decatur

Todd Undercofler Underwood of
Montgomery

Wells of Camden Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 373-768. By Mr. Smith of Emanuel:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Emanuel County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Emanuel County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Emanuel County. The County of Emanuel may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"Emanuel County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed.
"The members of the Authority, their qualifications, terms, and method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the imple mentation of this amendment.

THURSDAY, JANUARY 25, 1962

473

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.

"Said Authority is created for the purpose of developing, pro moting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Emanuel. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Emanuel County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Emanuel County Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

474

JOURNAL OP THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner
Cox
Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer

Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman

Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton
Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield
Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Underwood of Taylor
Vaughn Waldrop Walker of Lowndes Walker of Telfair

THURSDAY, JANUARY 25, 1962

475

Ware Watson Wells of Peach Wells of Oconee

White Wickham Wilkes Williams of Coffee

Williams of Hall Woodward Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker Floyd Flynt Fordham Hill Howard
Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller Morgan Moss Odom Potts Roberts Rogers of Paulding Roper
Ross Scarborough

Scoggin Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Decatur Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham
Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 411-852. By Messrs. Killian and Flexer of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution creating the Brunswick and Glynn County Development Authority as a constitutional authority and public corporation; to provide for the appointment, eligibility and tenure of members and officers; to confer on the General Assembly the authority to prescribe by law additional powers and duties for said Authority; 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 V, Section IX, Paragraph I, of the Constitution is hereby amended by adding at the end thereof the following paragraphs:

476

JOURNAL OF THE HOUSE,

"There is hereby created a body corporate and politfc to be known as the 'Brunswick and Glynn County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Glynn County. The County of Glynn and the City of Brunswick may contract with the Author ity as a public corporation as provided by the Constitution of Georgia.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation.

"The Authority shall consist of five (5) members who shall have such control, duties, powers, and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be dele gated to the Authority by the County of Glynn and the City of Brunswick. Members of the Authority shall be residents of Glynn County within or without the corporate limits of the City of Brunswick. The General Assembly shall provide for appointment and terms of office of members of the Authority. The Authority shall elect a chairman, vice-chairman and a secretary-treasurer. The secretary- treasurer shall not be required to be a member of the Authority.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

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

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

THURSDAY, JANUARY 25, 1962

477

"For ratification of amendment to the Constitution so as to create the Brunswick and Glynn County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Brunswick and Glynn County Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance

Chandler Clark of Catoosa Clarke of Monroe
Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming-

Flexer Fowler of Douglas Fowler of Treutlen
Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton

478

JOURNAL OF THE HOUSE,

Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy

NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis

Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker Floyd Flynt Fordham Hill Howard Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller Morgan Moss Odom Potts Roberts Rogers of Paulding Roper Ross
Scarborough

Seoggin Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Decatur Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

THURSDAY, JANUARY 25, 1962

479

HR 403-822. By Mr. Baughman of Early:

A RESOLUTION

Proposing to the qualified voters of Early County an amendment to Article VII, Section 1, paragraph V, of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or contempo raneously with the ratification hereof amended, so as to add at the end of said paragraph another paragraph to be known as "Paragraph V-A" reading:

"Paragraph V-A. Any person, natural or artificial, a resident of this State, who may after January 1, 1962, in Early County, build, equip, establish, complete, or enlarge a plant for the manu facture or processing of any properties may, as to such building (including equipment utilized thereon or in connection therewith), enlargement or equipment, be exempt from all county, incorporated town or city, and school districts ad valorem taxes for five (5) years from the date of the first use of the building, equipment, or enlargement of such plants. This provision shall be self executing and shall not require additional implementing legislation";

to provide for the submission of this Amendment for ratification or rejection by the people affected; and for other purposes.

SECTION 1

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA, and it is so resolved by such authority, that Article VII, Section 1, paragraph V of the Constitution of the State of Georgia of 1945, and as the same has been heretofore amended or may, con temporaneously with the ratification hereof, be amended, is hereby further amended by adding to the end thereof a new subparagraph designated paragraph V-A to read:

"Paragraph V-A. Any person, natural or artificial, a resident of this State, who may after January 1, 1962, in Early County, build, equip, establish, complete, or enlarge a plant for the manu facture or processing of any properties may, as to such building (including equipment utilized thereon or in connection therewith), enlargement or equipment, be exempt from all county, incorporated town or city, and school districts ad valorem taxes for five (5) years from the date of the first use of the building, equipment, or enlargement of such plants. This provision shall be self executing and shall not require additional implementing legislation."

SECTION 2

Be it further resolved that when the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as

480

JOURNAL OF THE HOUSE,

provided in Article XIII, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to exempt from Early County and any incorporated city or town or school district therein ad valorem taxation for five (5) years a new manufacturing or processing plant including the machinery and equipment therein, or any enlargement or addition thereto.

"Against ratification of amendment to the Constitution so as to exempt from Early County and any incorporated city or town or school district therein ad valorem taxation for five (5) years a new manufacturing or processing plant, including the machinery and equipment therein, or any enlargement or addition thereto."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 and thereof.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber
Barnett of Wilkes Barnett of Baker Barrett

Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs
Boyett Bozeman Branch

Brantley Brown Budd Chance Chandler Clark of Catoosa Clarke of Monroe
Cloer Cocke Collins

THURSDAY, JANUARY 25, 1962

481

Conner
Cox Crawford
Crowe Culpepper Davis Deen
Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll
Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of LumpMn Jones of Sumter Jordan Keadle Kelly Keyton Kidd

Killian Killingsworth Kimmons
King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins
Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin
Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard

Poole

Purcell

Rainey

Raulerson

Rodgers of Charlton

Rowland

Rutland

Sangster

Sheffield

Shuman

Simmons

Sinclair

Smith of Whitfield

Steis

Stevens

Story

Strickland

Stuckey

Tabb

Tamplin

Taylor of Dawson

Taylor of Bibb

Teague

Thornton

Tucker

Twitty

Underwood of Taylor

Vaughn

Waldrop

Walker of Lowndes

Walker of Telfair

Ware

Watson

Wells of Peach

;

Wells of Oconee

White

Wickham

Wilkes

Williams of Coffee

Williams of Hall

Woodward

Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker

Floyd Flynt Fordham Hill Howard Jones of Worth Knight of Laurens Lane Lokey

Lovett Mackay McCracken McDonald Miller Morgan Moss Odom Potts

482
Roberts Rogers Roper Ross Scarborough Scoggin Simpson

JOURNAL OF THE HOUSE,

Singer Smith of Grady Smith of Brantley Smith of Fulton
Smith of Habersham Taylor of Decatur Todd

Undercofler Underwood of
Montgomery Wells of Camden
Willingham Wilson Mr. Speaker.

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 377-774. By Mr. Raulerson of Echols:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the appointment of a five member Board of Education from the county at large; to provide for their terms and qualifications; 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof new paragraphs which shall read as follows:
"There is hereby created a new board, to be known as the Echols County Board of Education, which shall have the same powers and duties as the present county board. The Echols County Board of Education shall consist of five members to be appointed by the grand jury of said county, and shall hold their offices until their successors are appointed and qualified. The County of Echols shall compose one school district, and shall be confined to the con trol and management of the Echols County Board of Education. There shall be appointed to serve on the Echols County Board of Education five members from the county at large.
"The members of the Board of Education of Echols County in effect at the time of ratification of this amendment shall continue until the expiration of their terms at which time the grand jury of Echols County shall appoint new members to the board.
"The terms of office shall be for four years and until their

THURSDAY, JANUARY 25, 1962

483

successors are elected and qualified. Should a vacancy occur on said board, the grand jury shall elect a person to fill the unexpired term. To be eligible to hold office as a member of the Echols County Board of Education, a person shall be of good moral char acter, have at least a fair knowledge of the elementary branch of the English education, be favorable to the common school system, and be qualified to vote for members of the General Assembly."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section 1, Paragraph 1 of the Constitution of Georgia of
1945, as amended.

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

"For ratification of amendment to the Constitution so as to provide for the appointment of a five member Board of Education from the county at large.

"Against ratification of amendment to the Constitution so as to provide for the appointment of a five member Board of Education from the county at large."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

484

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll
Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua

Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton
Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris

Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Scarborough Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Woodward Young

THURSDAY, JANUARY 25, 1962

485

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum
Caldwell Coker Floyd Flynt Fordham Hill Howard Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller
Morgan Moss Odom Potts Roberts Rogers of Paulding Roper Ross Scoggin

Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Decatur
Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 383-785. By Mr. Sangster of Dooly:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Dooly County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated; 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 VII, Paragraph I, of the Constitution relating to the limitations on certain debts is hereby amended by adding at the end thereof the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Dooly County herein called the issuer, to provide funds for the purchase, construction, enlarge ment, or either of facilities, including land, buildings, appurte nances, machinery and equipment, suitable for use by (a) any in dustry for manufacturing, processing or assembling any agricul tural or manufactured products or (b) any commercial enterprise

486

JOURNAL OF THE HOUSE,

in storing, warehousing, distributing or selling products of agri culture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstand ing secured by the revenue of such undertaking shall have been paid in full.

"The revenue bonds shall be payable, as to principal and in terest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the prin cipal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such fa cilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of valida tion, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued there under. Upon the adoption of this amendment the issuer may pro ceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize Dooly County to issue revenue bonds for the purchase, construction, lease, and sale of facilities useful to industry or com merce.
"Against ratification of amendment to the Constitution so as to authorize Dooly County to issue revenue bonds for the purchase, construction, lease, and sale of facilities useful to industry or com merce."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons

THURSDAY, JANUARY 25, 1962

487

desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner
Cox
Crawford

Crowe
Culpepper Davis Deen
Dickey Dicus Dollar
Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer
Fowler of Douglas Fowler of Treutlen Funk
Fuqua Greene Hale
Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull
Hurst Johnson Joiner Jones of Liberty

Jones of Lumpkin
Jones of Sumter Jordan
Keadle Kelly Keyton Kidd
Killian Killingsworth Kimmons
King Kirkland Knight of Berrien
Langford Lee of Clinch
Lee of Clayton Lewis of Wilkinson
Lewis of Burke
Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt
McClelland McCutchen
McGarity Melton Milhollin Mixon Moate Moore Moorman Morris

488

JOURNAL OP THE HOUSE,

Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey

Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague

Thornton Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickhain Wilkes Williams of Coffee Williams of Hall Woodward Young Mr. Speaker

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker Floyd Flynt Fordham Hill Howard Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller Morgan Moss Odom Potts Roberts Rogers of Paulding Roper Ross Scoggin

Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Decatur Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham Wilson

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 260-701. By Mr. Horton of Putnam:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Putnam County

THURSDAY, JANUARY 25, 1962

489

by the people; to provide for the election of the Chairman of the Board of Education; to provide for the filling of vacancies on the Board; to provide for the submission of this amendment for rejection or ratifi cation; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, as amended, is hereby amended by add ing at the end thereof the following:

"The Board of Education of Putnam County shall be composed of five (5) members. The Chairman and the four (4) other mem bers of the Board shall be elected by the voters of the entire county. The five (5) memberships on the Board shall be designated as post numbers 1 through 5 respectively. The individual elected to Post number 1 shall be the Chairman of the Board. Those candi dates offering for election to the Board of Education of Putnam County shall specifically designate their intention of running for a particular post by number. To be elected to such post, the candidate must receive the highest number of votes cast and at the same time the candidate must receive a majority of the total votes cast toward filling such vacancy. Any vacancy occurring in the membership of the Board of Education of Putnam County, for any cause what soever, shall be filled by the majority vote of the remaining mem bers of Board of Education.

"In the event this amendment is ratified, the members of the first Board of Education of Putnam County created under this amendment shall be elected at the general election held in 1964. The members elected at such election shall take office January 1, 1965, and shall serve for a term of four years and until their suc cessors are elected and qualified. Future elections shall be held every four years at the same time as elections for members of the General Assembly are held and the members elected shall take office on the first day of January immediately following the election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified.

"The Board of Education in Putnam County in existence at the time of ratification ofthis amendment is hereby abolished De cember 31, 1964, and the terms of all members of such Board shall expire at that time.

"The Board of Education of Putnam County as provided for herein shall be subject to all constitutional and statutory provisions relative to County Boards of Education, unless such provisions are in conflict with the provisions of this amendment."

490

JOURNAL OF THE HOUSE,

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Putnam County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Putnam County by the people."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff
Barber Barnett of Wilkes

Barnett of Baker Barrett Baughman Birdsong Black Blalock
Boggs Bowen of Randolph

Bowen of Toornbs Boyett Bozeman Branch Brantley Brown
Budd Chance

THURSDAY, JANUARY 25, 1962

491

Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan

Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton

Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton
Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall
Woodward Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum

Caldwell Coker Floyd Flynt Fordham Hill Howard

Jones of Worth Knight of Laurens Lane Lokey Lovett Mackay McCracken

492

JOURNAL OF THE HOUSE,

McDonald Miller Morgan Moss Odom Potts Roberts Rogers of Paulding Roper

Ross Scarborough Scoggin Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham

Taylor of Decatur Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 379-774. By Messrs. Twitty and Collins of Mitchell:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Mitchell County Development Authority; to provide for powers, author ity, funds, purpose and procedure connected 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 VII. Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Mitchell County to be known as the Mitchell County Development Authority, which shall be an instrumentality of Mitchell County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by a majority of the Commissioners of Roads and Revenues of Mitchell County, two of whom shall reside within the city limits of Camilla, Georgia, two within the city limits of Pelham, Georgia, and three at large from the area of Mitchell County outside the limits of Camilla and Pelham. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of

THURSDAY, JANUARY 25, 1962

493

five years; and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be a member of the Board of County Commissioners of Mitchell County, but there shall be no other disqualification to hold public office by reason of membership in the Authority:

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Mitchell County.

"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provided by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority;

"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Mitchell County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations oper ating or promising to operate any industrial plant or establishment within Mitchell County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;
"(4) To borrow money, to issue notes, bonds, and revenue certificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with Mitchell County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the

494

JOURNAL OF THE HOUSE,

power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion and develop ment of industry, agriculture trade, and commerce and the facili ties therefor in Mitchell County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Mitchell County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9) To designate officers to sign and act for the Authority generally or in any specific matter;
"(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated;

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Mitchell County;

"F. The Authority shall have the same immunity and exemp
tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligations of the Authority;

THURSDAY, JANUARY 25, 1962

495

"G. The members of the Authority shall receive no compen sation for their services of the Authority;

"H. The Authority, with the consent of the Board of Com missioners of Roads and Revenues of Mitchell County and to carry out purpose of this amendment is hereby authorized to issue Reve nue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, 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 other wise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such in come is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all tax able property within the county provided such tax shall not exceed five mills;

"I. The Commissioners of Roads and Revenues are also author ized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Mitchell County and its citizens, industry, agriculture and trade within the County of Mitchell, and making long-range plans for such development and expansion and to authorize the use of public funds of Mitchell County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

496

JOURNAL OF THE HOUSE,

"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty days after such proclamation;

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Mitchell County, and the scope of its operations shall be limited to the territory embraced within Mitchell County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Mitchell County;

"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Author ity shall be a debt of Mitchell County or the State."

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

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

"For ratification of amendment to the Constitution so as to create the Mitchell County Development Authority, and to provide for powers, authority, funds, purposes and procedure connected therewith.

"Against ratification of amendment to the Constitution so as to create the Mitchell County Development Authority, and to pro vide for powers, authority, funds, purposes and procedures connected therewith."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall

THURSDAY, JANUARY 25, 1962

497

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 favorahle to the adoption of the Resolution, was7 agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar

Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Floyd Hall of Lee Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford

Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell
Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson

498

JOURNAL OF THE HOUSE,

Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis Stevens Story Strickland

Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb
Teague Thornton Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes

Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White % Wickham Wilkes Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker Floyd Flynt Fordham Hill Howard Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller
Morgan Moss Odom Potts Roberts Rogers of Paulding Roper Ross Scarborough

Scoggin Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Decatur Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham Wilson Mr. Speaker

On the adopton of the Resolution, the ayes were 158, nays 0.

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

HR 380-774. By Mr. Harrell of Fayette:
A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution, so as to provide for the election of the members of the Board of Educa tion of Fayette County by the people; to provide for their qualifica tions, compensation and term of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, JANUARY 25, 1962

499

SECTION 1

Article VIII, Section V, Paragraph I of the Constitution, relating to the County Boards of Education, is hereby amended by adding at the end thereof the following:

"The Board of Education of Fayette County shall consist of five (5) members to be elected by the voters of Fayette County. For the purpose of electing such members, Fayette County shall be divided into five education districts, as follows:

"Education District No. 1 shall be composed of Militia District No. G.M.D. 496 (Fayetteville);

"Education District No. 2 shall be composed of Militia District No. G.M.D. 538 (Woolsey);

"Education District No. 3 shall be composed of Militia District No. G.M.D. 1293 (Brooks) and Militia District No. G.M.D. 495 (Starrs Mill);

"Education District No. 4 shall be composed of Militia District No. G.M.D. 624 (Shake Rag) and Militia District No. G.M.D. 549 (Rear Over);

"Education District No. 5 shall be composed of Militia District No. G.M.D. 1248 (Hopeful) and Militia District No. G.M.D. 709 (Black Rock) and Militia District No. G.M.D. 1262 (Europe).

"One member shall be elected from each Education District. No person shall be eligible to serve as a member of the Fayette County Board of Education from Education District, unless he shall reside in such district. He shall be elected by the voters of the Education District of which he represents. In order to be eligible to hold office as a member of said board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of an English education, and must be qualified to vote for members of the General Assembly.

"Not later than ten days after the ratification of this amend ment it shall be the duty of the Ordinary of Fayette County to issue the call for an election for the purpose of electing the mem bers of the Board of Education of Fayette County. The day of such election shall be set for a day not less than fifteen (15) nor more than twenty (20) days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief description of the procedure connected therewith, once a week for two weeks immedi ately preceding the date thereof in the official organ of Fayette County. The members elected from Education Districts Nos. 1 and 2 shall serve for a term of one year; the members elected from Education District Nos. 3 and 4 shall serve for a term of two years;

500

JOURNAL OF THE HOUSE,

the members elected from Education District No. 5 shall serve for a term of four years. All members elected at such election shall take office January 1, 1963, and their term of office shall expire on December 31st of the last year of such term. The successors to such members shall be elected for a term of four years and shall be elected at the same time County Officers of Payette County are elected.

"The Board of Education of Fayette County in effect at the time of the ratification of this amendment shall be abolished effec tive December 31, 1962, and the term of office of the members of such Board shall expire on such date. In case of a vacancy on said Board by death, resignation, or from any cause other than expira tion of a term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Fayette County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Fayette County by the people.

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 lissue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

THURSDAY, JANUARY 25, 1962

501

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer

Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman

Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton
Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield
Steis Stevens
Story Strickland Stuckey
Tabb Tampolin Taylor of Dawson Taylor of Bibb
Teague Thornton Tucker Twitty Underwood of Taylor
Vaughn
Waldrop Walker of Lowndes Walker of Telfair

502

JOURNAL OF THE HOUSE,

Ware Watson Wells of Peach Wells of Oconee

White Wickham Wilkes Williams of Coffee

Williams of Hall Woodward Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Pulton Busbee Bynum Caldwell
Coker Ployd Plynt Fordham Hill Howard
Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller Morgan
Moss Odom Potts Roberts Rogers of Paulding Roper
Ross Scarborough

Scoggin Simpson Singer Smith of Grady Smith of Brantley Smith of Pulton Smith of Habersham Taylor of Decatur
Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham
Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 381-774. By Mr. Barnett of Wilkes:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia to provide for the establishment of fire prevention districts in Wilkes County; to authorize Wilkes County and the municipalities in Wilkes County to contract with each other for the purpose of exercising the authority granted by this amendment; to authorize municipalities in Wilkes County to operate fire prevention organizations outside their corporate limit in Wilkes County; to author ize Wilkes County to levy a tax for the purpose of fire prevention; to authorize the fire prevention districts of Wilkes County to issue bonds for fire prevention purposes; to provide the manner of setting up fire prevention districts in Wilkes County; providing for the submission of this amendment under Article XIII, Section I, Paragraph I, of the Constitution of Georgia; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

THURSDAY, JANUARY 25, 1962

503

SECTION 1

Article VII, Section IV, Paragraph II of the Constitution of Georgia, relating to the districting of counties, is hereby amended by adding at the end thereof the following:
"(a) The Governing authority of Wilkes County is hereby granted authority to district areas in said county for fire preven tion and protection purposes, and the authority to levy a tax upon the taxable property of each such district to defray all cost of fire protection in each respective district.
"(b) The authority hereby granted shall include authority to include municipalities located in Wilkes County, within any fire district created hereunder.
"(c) Wilkes County and each municipality now existing, or hereafter created in said county, are hereby authorized to contract with each other for furnishing property of any kind, materials, sup plies, equipment and money for the purpose of carrying out the authority hereby granted.
"(d) Each municipality now existing, or hereafter created in Wilkes County, is hereby granted authority to operate its fire de partment, including equipment and personnel, outside its corporate limits within Wilkes County.
"(e) Wilkes County is hereby granted authority to levy a tax for the creation, maintenance and operation of any fire preven tion and protection organization created hereunder, and to pay any bonds issued by the fire districts created hereunder for the purpose of establishing fire prevention and protection organizations.
"(f) The fire prevention and protection districts authorized hereby are hereby granted authority to issue bonds for the purpose of acquiring property of any kind, material, equipment and supplies required for fire prevention and protection purposes.
"(g) Before any fire prevention district is created hereunder, the governing authority of Wilkes County shall designate the area to compose said district and establish the boundaries thereof. After said area is designated and boundaries established, the governing authority of Wilkes County shall submit to the voters in said pro posed fire prevention district who are qualified to vote for members of the General Assembly the question of whether or not said district shall be created only when approved by a majority of the qualified voters in said election."

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

504

JOURNAL OF THE HOUSE,

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

"For ratification of amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Wilkes County to district areas for fire prevention and protection purposes and to levy a tax to defray the cost of fire prevention and protec tion.

"Against ratification of amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Wilkes County to district areas for fire prevention and protection purposes and to levy a tax to defray the cost of fire prevention and protec tion.

If 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman

Branch Brantley Brown Budd Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dickey

Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd

THURSDAY, JANUARY 25, 1962

505

Harrell Henderson Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkiii Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen

McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Philips of Bibb
Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield

Shuman Simmons Sinclair Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Tucker Twitty Underwood of Taylor
Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee
White Wickham Wilkes Williams of Coffee Williams of Hall Woodward
Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker Floyd Flynt Fordham Hill Howard Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller Morgan Moss Odom Potts Roberts Rogers of Paulding
Roper Ross Scarborough

Scoggin Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Taylor of Dacatur Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

506

JOURNAL OF THE HOUSE,

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

HR 388-793. By Messrs. Fleming, Hull and Fuqua of Richmond:
A RESOLUTION
Proposing an amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution, relating to the taxing power of counties, is hereby amended by adding at the end thereof the following:
"The General Assembly shall have authority to enact laws authorizing the County of Richmond in the sole discretion of its governing authority to participate in and contribute to a group hospitalization insurance policy covering its employees, either by direct contribution to such a fund, or by payment of insurance premiums, or by a combination of such methods, for all or any employees and officers who are compensated by Richmond County, and who hold their offices and positions either by election or ap pointment; to levy taxes for these purposes and to enact laws establishing rules for tenure of office for such officers and em ployees, and for other purposes consistent therewith."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees.

THURSDAY, JANUARY 25, 1962

507

"Against ratification of amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Chance Chandler Clark of Catoosa

Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Fowler of Treutlen Funk Fuqua

Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Hull Hurst Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight Langford Lee of Clinch

508

JOURNAL OF THE HOUSE,

Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven

Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton Rowland Rutland Sangster Sheffield Shuman Simmons Sinclair Smith of Whitfield Steis Stevens Story Strickland

Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lownes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Ballard Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Coker Floyd Flynt Fordham Hill Howard Jones of Worth Knight of Laurens

Lane Lokey Lovett Mackay McCracken McDonald Miller Morgan Moss Odom Potts Roberts Rogers of Paulding Roper Ross Scarborough

Scoggin Simpson Singer Smith of Grady Smith of Brantley Smith of Fulton Taylor of Decatur Todd Undercofler Underwood of
Montgomery Wells of Camden Willingham Wilson Mr. Cpeaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

THURSDAY, JANUARY 25, 1962

509

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the following Resolution of the House to wit:

HR 456. By Messrs. Newton of Colquitt and Palmer of Heard:
A resolution inviting Honorable Orville L. Freeman, Secretary of Agri culture of the United States to address a joint session of the Georgia General Assembly February 8, 1962, at 2:00 o'clock P.M.; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to wit:

SB 168. By Senators Brown of the 52nd, McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A bill to repeal an act entitled "An act to govern the admission of stu dents to the University of Georgia and all of its branches as to age; to declare exceptions thereto; to repeal conflicting laws; and for other purposes,", approved February 4, 1959, (Ga. Laws 1959, p. 20) ; and for other purposes.

Under the General Order of Business the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 745. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Southern Interstate Nuclear Compact", and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

510

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bo wen of Toombs Branch Brantley Brooks of Oglethorpe Brown Budd Chance Chandler Clark of Catoosa Cloer Cocke Collins Conner Cox Crawford Crowe Culpepper Been Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Treutlen Funk

Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Keadle Kidd Killian Kimmons King Kirkland Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke McClelland McCracken McCutchen Melton Milhollin Mixon Moate Moore Moorman Morris Mullis NeSmith Otwell Pannell Paris

Parker of Screven Parker of Ware Pelham Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton
Ross Rowland Sangster Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham
Steis Story Strickland Stuckey Tabb Taylor of Bibb
Teague Thornton Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Walker of Telfair
Watson Wells of Peach Wells of Oconee
White Wickham Wilkes Williams of Coffee Williams of Hall Young

THURSDAY, JANUARY 25, 1962

511

Those not voting were Messrs.:

Ballard Baughman Boyette Bozeman Brackin Brooks of Pulton Busbee Bynum Caldwell Clarke of Monroe Coker Davis Duncan of Carroll Flynt Fowler of Douglas Hale Howard Jones of Worth Jones of Sumter Jordan

Kelly Keyton Killingsworth Knight of Laurens Massee Matthews of Colquitt McDonald McGarity Miller Morgan Moss Murphy Newton Odom Parker of Appling Farmer Payton Phillips of Columbia Phillips of Walton Potts

Roberts Rogers of Paulding Roper Rutland Scarborough Scoggin Smith of Fulton Smith of Whitfield Stevens Tamplin Taylor of Dawson Taylor of Decatur Todd Underwood of Taylor Ware Wells of Camden Willingham Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 0.

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

SB 86. By Senator Knox of the 54th and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act creating the "Georgia Real Estate Investment Board"; and for other purposes.

Mr. Willingham of Cobb offered the following amendment which was read and adopted:
Mr. Willingham of Cobb moves to amend SB 86 as follows: "By striking Section 2 in its entirety and numbering Section
3 as Section 2."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins

Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes

512

JOURNAL OF THE HOUSE,

Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bo wen of Randolph Boyett Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe
Cocke Collins Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Howard

Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Massee Matthews of Colquitt McClelland McCutchen Melton Milhollin Mixon Moate Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Ware Farmer Payton Pelham Phillips of Columbia Phillips of Bibb

Pickard Poole Rainey Raulerson Roberts Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

THURSDAY, JANUARY 25, 1962

513

Those not voting were Messrs.:

Bowen of Toombs Brackin Brantley Caldwell Cloer Coker Conner Davis Dickey Dicus Plynt Fuqua Hill Kimmons

Kirkland Knight of Laurens Lovett Matthews of Clarke McCracken McDonald McGarity Miller Moore Parker of Screven Parker of Appling Phillips of Walton Potts Purcell

Rodgers of Charlton Rogers of Paulding Roper Ross Scarborough Simpson Smith of Habersham Taylor of Decatur Ware Wells of Camden Wickham Mr. Speaker

On the passage of the Bill, as amended, the ayes were 165, nays 0.

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

HB 812. By Messrs. Caldwell of Upson, Brooks of Pulton and Twitty of Mitchell:
A Bill to be entitled an Act to increase the salaries of Superior Court Judges; and for other purposes.

The following Committee amendment was read:
The House Committee on Judiciary moves to amend HB 812 by striking the figure $17,500.00 in all places the same appears in said Bill and by inserting in lieu thereof the figure $16,000.00.

On the adoption of the Committee amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes

Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph

Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum

514

JOURNAL OP THE HOUSE,

Caldwell Chance Chandler Cocke Collins Conner Cox Crowe Culpepper Dicus Doster Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Plexer Ployd Fowler of Douglas Greene Hale Hall of Lee Harrell Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelly Keyton Kidd Killian

Killings-worth Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Mixon Moate Moore Moorman Morgan Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia

Those voting in the negative were Messrs.:

Boyett Brackin Clark of Catoosa Clarke of Monroe Cloer Crawford Davis Been Dickey Dollar

Plynt Fordham Fowler of Treutlen Funk Henderson Lane Lovett Lowrey Morris Phillips of Bibb

Those not voting were Messrs.:

Adams Bolton

Boweri of Toombs Brantley

Poole Purcell Ross Rowland Rutland Scoggin Sheffield Simpson Sinclair Smith of Grady Smith of Brantley Smith of Pulton Steis Story Tabb Tamplin Taylor of Dawson Teague Thornton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Young
Pickard Rainey Roberts Sangster Simmons Smith of Habersham Smith of Whitfield Stuckey Woodward
Coker Dorminy

THURSDAY, JANUARY 25, 1962

515

Fuqua Hall of Floyd Hill Hodges Keadle Kimmons King Kirkland Knight of Laurens

Matthews of Colquitt Miller Moss Phillips of Walton Potts Raulerson Rodgers of Charlton Rogers of Paulding Roper

Scarborough Shuman Singer Strickland Taylor of Decatur Taylor of Bibb Wells of Camden Wickham Mr. Speaker

On the adoption of the Committee amendment, the ayes were 139, nays 33.

The Committee amendment was adopted.

Mr. Adams of Polk offered an amendment to the Committee amendment, which was ruled Out of Order.

Mr. Lovett of Laurens offered an amendment to the Committee amendment which was ruled Out of Order.

Mr. Smith of Emanuel and Twitty of Mitchell offered the following amend ment to the Committee amendment which was read and adopted.

Smith of Emanuel and Twitty of Mitchell moves to amend HB 812 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide for a limitation on the amount of salary; to provide the procedure connected therewith; to provide for severability";
By adding at the end of the matter quoted as Section 1 in Section 1 of said Bill the following:
"Provided, however, that no Judge of the Superior Court shall receive more than $22,500.00 per annum as total compensation from the State and any County or Counties. In the event such total com pensation exceeds said amount the excess shall be deducted from the supplement provided by any County or Counties and shall not be paid to any such Judge.";
By adding a new Section to be known as Section 2 to read as follows:
"Section 2. 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

516

JOURNAL OP THE HOUSE,

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 was 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 unconsti tutional.

By renumbering the present Section 2 as Section 3.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark Cloer Cocke

Coker Collins Conner Cox Crawford Crowe Culpepper Dickey Dicus Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Fowler of Douglas Green Hale Hall of Lee Harrell Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter

Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Knight of Berrien Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Mixon Moate Moore

THURSDAY, JANUARY 25, 1962

517

Moorman Morgan Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Poole Purcell Rainey

Roberts Ross Rowland Rutland Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Steis Story Stuckey Tabb Tamplin Taylor of Dawson Teague

Thornton Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson

Those voting in the negative were Messrs.:

Boyett Davis Deen Dollar Flynt Fordham

Fowler of Treutlen Henderson Hodges Lee of Clinch Morris Moss

Phillips of Bibb Sangster Simmons Smith of Habersham Smith of Whitfield Woodward

Those not voting were Messrs.:

Adams Bowen of Toombs Brackin Clarke of Monroe Dorminy Funk Fuqua Hall of Floyd Hill Jones of Lumpkin

Kirkland Knight of Laurens
Lane Miller Phillips of Walton Pickard Potts Raulerson Rodgers of Charlton Rogers of Paulding

Roper Scarborough Strickland Taylor of Decatur Taylor of Bibb Todd Wells of Camden Wickham Young Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 20.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 771. By Mr. Story of Gwinnett: A Bill to be entitled an Act providing that Emeritus Officers shall re ceive an annual salary equal to two-thirds of the salary as provided

518

JOURNAL OF THE HOUSE,

by law for the respective offices from which said Emeritus Officers have retired at the time of the appointment to an Emeritus position or $12,000.00 per annum whichever shall be the less amount; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bozeman Branch Brantley Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Clarke of Monroe
Cloer Coker Coiling Conner Cox Crawford Crowe Culpepper Davis Dickey Dorminy Doster Duncan of Pannin

Duncan of Carroll Echols Flexer Floyd Funk Greene Hale Hall of Lee Hall of Ployd Harrell Hodges Horton Howard Hull Johnson Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Keyton Killian Killingsworth Kimmons King Kirkland Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt

McClelland McCracken McCutchen McDonald Melton Mixon Moore Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Purcell Rainey Raulerson Ross Rowland Rutland Sangster Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Fulton

THURSDAY, JANUARY 25, 1962

519

Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb

Teague Thornton Tucker
Twitty Underwood of
Montgomery
Vaughn Waldrop Walker of Lowndes Walker of Telfair

Ware Watson Wells of Peach Wells of Oconee White Wilkes Willingham Wilson Young

Those voting in the negative were Messrs.:

Deen Dollar

Moss

Underwood of Taylor

Those not voting were Messrs.:

Bolton Bowen of Randolph Bowen of Toombs
Boyett Brackin Brooks of Oglethorpe
Chandler Clark of Catoosa Cocke Dicus Dunn Fitzgerald Fleming
Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua

Henderson Hill Hurst Joiner Jones of Worth Jones of Sumter Kidd Knight of Laurens Knight of Berrien Lovett McGarity Milhollin Miller Moate Payton Phillips of Walton Pickard Potts Roberts

Rodgers of Charlton Rogers of Paulding Roper Scarborough Scoggin Sheffield Simpson Singer Stuckey Taylor of Decatur Todd Undercofler Wells of Camden Wickham Williams of Coffee Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, the ayes were 145, nays 4.

The Bill, having received the requisite constitutional majority, was passed.
Mr. Sheffield of Brooks stated that he was out of the Hall of the House at the time the Roll was called but had he been present he would have voted "Aye" on HB 771.
HB 341. By Messrs. Smith of Emanuel and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act approved Feb. 4, 1952, known as Aid to the Disabled Act, to provide for a physical examina tion of applicant for assistance; and for other purposes.

520

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Black Blalock Boggs Bolton Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brown Busbee By num. Chance Clark Cloer Coker Collins Conner Crawford Crowe Davis Deen Dickey Doster Duncan of Pannin Echols Fleming Fordham Fowler of Treutlen Funk Greene Hall of Lee Hall of Floyd Harrell Henderson

Hodges Horton Hull Johnson Joiner Jones of Liberty Jones of Worth Jordan Kelly Keyton Killingsworth King Kirkland Lane Langford Lee of Clayton Lewis of Wilkinson Loggins Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Melton Milhollin Mixon Moore Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Phillips of Bibb Poole Purcell

Rainey Raulerson Roberts Ross Rowland Sangster Scoggin Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

THURSDAY, JANUARY 25, 1962

521

Those not voting were Messrs.:

Andrews of Hall Barnett of Baker Birdsong Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Budd Caldwell Chandler Clarke of Monroe Cocke Cox Culpepper Dicus Dollar Dorminy Duncan of Carroll Dunn Fitzgerald Flexer Floyd Flynt Fowler of Douglas

Fuqua Hale Hill Howard Hurst Jones of Lumpkin Jones of Sumter Keadle Kidd Killian Kimmons Knight of Laurens Knight of Berrien Lee of Clinch Lewis of Burke Mackay McClelland McGarity Miller Moate Moorman Morgan NeSmith Parker of Ware

Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard Potts Rodgers of Charlton Rogers of Paulding Rutland Scarborough Sheffield Simpson Smith of Fulton Smith of Whitfield Story Taylor of Decatur Tucker Undercofler Wells of Camden White Wickham Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 0.

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

HB 791. By Messrs. Underwood of Montgomery, McCracken of Jefferson, and others:
A Bill to amend an Act providing for a recount of the ballot cast in any primary held in this State by any political party, so as to provide for an appeal from the recount committee to the political authority hold ing the primary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins

Andrews of Stephens Andrews of Hall

Arnsdorff Barber

522

JOURNAL OF THE HOUSE,

Barnett of Wilkes Barnett of Baker Barrett Baughman Black
Blalock Boggs Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe
Brown Busbee Bynum Chance Chandler Cloer Cocke Coker Collins Conner
Crawford Crowe Been Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Floyd Fordham Funk Greene Hall of Lee Harrell Henderson Hodges Horton Hull Hurst

Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd King Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Massee Matthews of Clarke McClelland McCracken McCutchen McDonald Melton Milhollin Mixon Moate Moore Morgan Morris Moss Mullis Murphy Ne Smith Odom Paris Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Purcell

Rainey Raulerson Roberts Ross Rowland Sangster Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Ballard Birdsong Bolton Bowen of Randolph Brooks of Fulton

Budd Caldwell Clark of Catoosa Clarke of Monroe Cox Culpepper

Davis Dicus Dorminy Flexer Flynt Fowler of Douglas

THURSDAY, JANUARY 25, 1962

523

Fowler of Treutlen Fuqua Hale Hall of Floyd Hill Howard Killian Killingsworth Kimmons Kirkland Knight of Laurens Knight of Berrien Mackay Matthews of Colquitt McGarity

Miller Moorman Newton Otwell Pannell Parker of Sereven Parker of Ware Parker of Appling Payton Phillips of Walton Pickard Potts Rodgers of Charlton Rogers of Paulding Roper

Rutland Scarborough Scoggin Simpson Singer Smith of Brantley Smith of Fulton Taylor of Decatur Walker of Telfair Wells of Camden White Wiekham Mr. Speaker

On the passage of the Bill, the ayes were 144, nays 0.

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

HB 788. By Messrs. Underwood of Montgomery, McCracken of Jefferson, and others:
A Bill to be entitled an Act to provide for a blank space on each ballot used in any election held to fill public office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as f ollowings:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett ofWilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock

Boggs Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Chance

Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Crawford Crowe Deen Dickey Dollar Doster

524

JOURNAL OP THE HOUSE,

Duncan of Fannin Duncan of Carroll Dunn Echols Fiztgerald " Fleming Flexer Fordham Funk Greene Hale Hall of Lee Harrell Henderson Hodges Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Kimmons King Kirkland Knight of Berrien Lane Langford Lee of Clayton

Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Massee Matthews of Clarke McCracken McCutchen McDonald Melton Milhollin Miller Mixon Morgan Morris Moss Mullis Murphy Odom Otwell Pannell Parker of Screven Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Ross Rowland Sangster

Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Stevens Story Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Ballard Bolton Bowen of Randolph Brooks of Fulton Caldwell Cocke Cox Culpepper Davis Dicus Dorminy Floyd Flynt Fowler of Douglas Fowler of Treutlen

Fuqua Hall of Floyd Hill Hurst Killingsworth Knight of Laurens Lee of Clinch Mackay Matthews of Colquitt McClelland McGarity Moate Moore Moorman NeSmith Newton

Paris Parker of Ware Parker of Appling Payton Phillips of Walton Pickard Potts Rogers of Paulding Roper Rutland Scarborough Scoggin Simpson Singer Smith of Brantley Steis

THURSDAY, JANUARY 25, 1962

525

Strickland Tamplin Taylor of Decatur Thornton

Watson Wells of Camden White Wickham

Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

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

HB 790. By Messrs. McCracken of Jefferson, Underwood of Montgomery, McCutchen of Gilmer and others:
A Bill to amend Code Section 34-1904, so as to provide for the time of qualifying, for the application of the 5% petition; and for other pur poses.
Mr. McCracken of Jefferson asked unanimous consent that HB 790 be post poned until Tuesday, January 30, 1962 and the consent was granted.

HB 790 was postponed until Tuesday, January 30, 1962.
HB 781. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Bade: A Bill to be entitled an Act to establish a continuing capital fund to be administered by the State Rvenue Commissioner from which loans to counties may be made to aid in defraying the cost of property valua tion and equalization programs for ad valorem tax purposes; and for other purposes.
The following Committee substitute to HB 781 was read and adopted:
A BILL
To be entitled an Act to establish a continuing capital fund to be administered by the State Revenue Commissioner from which loans to counties may be made to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes as authorized by law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
It is hereby provided that all funds which have heretofore been appropriated to the Department of Revenue for the purpose of making

526

JOURNAL OF THE HOUSE,

loans to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes, and which have been included in an allotment approved hy the Governor, and all funds which may hereinafter be so appropriated and approved, shall be deemed to create a continuing capital fund to be administered by the State Revenue Commissioner for the purpose of making such loans for prop
erty valuation and equalization purposes as are authorized by law; and any funds which may be repaid to the State Revenue Commissioner in accordance with the terms of said loans shall become a part of said
continuing capital fund and may be reloaned by the State Revenue Commissioner in the manner and on the terms authorized by law, with
out being included in any future budget report, budget, appropriation, appropriation Act, or allotment.

SECTION 2
A loan of State funds to counties for the purpose of property valua tion and equalization programs shall be deemed a permanent disburse ment to such capital fund except as hereinafter provided but shall not be deemed an expenditure of such funds, but the entire amount of the continuing capital fund created hereunder shall be deemed an asset belonging to the State and reported as such on the annual reports of the State Treasurer in similar manner as bank or railroad stocks, or bonds, or other assets owned by the State are reported.

SECTION 3
Any repayment to said capital fund shall not be deemed as income or receipts of the State or as a collection of taxes, fees, assessments or other moneys by any Department or Agency of the State. Any portion of such capital fund which is not loaned to a county at any given time and any repayments to such capital fund shall be deposited in the State Treasury, but shall be available at all times for the purposes herein specified and shall not become a part of the general funds of the Treasury.
SECTION 4
The capital fund created hereunder shall terminate on June 30, 1973, and any funds remaining in such fund on said date shall become a part of the general funds of the Treasury, and the proceeds there after received from repayment of any loans made prior to said date shall likewise become a part of the general funds of the Treasury.

SECTION 5
The capital fund hereby created shall never exceed the sum of $4,500,000.00.
SECTION 6
All laws or parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

THURSDAY, JANUARY 25, 1962

527

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff
Ballard Barber Barnett of Baker Baughman Black Boggs Bolton
Boyett Bozeman Brantley
Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Crawford
Crowe Culpepper Deen Dickey Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Funk Greene

Hale
Hall of Lee Hall of Floyd Henderson Hill
Hodges Horton Howard Hull Johnson Joiner
Jones of Liberty Jones of Worth
Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd
Killian Kimmons King
Kirkland Lane Langford Lewis of Wilkinson Lewis of Burke Loggins
Lovett Lowrey
Massee Matthews of Clarke
Matthews of Colquitt McCutchen Milhollin
Mixon Moate Moore Morgan Morris
Moss Mullis Murphy
NeSmith Newton Odom Otwell Pannell

Paris Parker of Ware Farmer Payton Phillips of Bibb Poole Purcell Rainey
Roberts Rogers of Paulding Rowland Rutland
Sangster Scarborough Shuman Simmons Sinclair Singer Smith of Grady Smith of Fulton Smith of Whitfield
Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Walker of Lowndes Walker of Telfair Wells of Oconee Wilkes Williams of Coffee Williams of Hall
Willingham Wilson Woodward Young

528

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barnett of Wilkes Barrett Birdsong Blalock Bowen of Randolph Bowen of Toonibs Brackin Branch Caldwell Cocke Cox Davis Dieus Dorminy Duncan of Carroll Flynt Fowler of Treutlen Fuqua Harrell Hurst Jones of Sumter

Killingsworth Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lokey Mackay McClelland McCracken McDonald McGarity Melton Miller Moorman Parker of Screven Parker of Appling Pelham Phillips of Columbia Phillips of Walton Pickard Potts

Raulerson Rodgers of Charlton Roper Ross Scoggin Sheffield Simpson Smith of Brantley Smith of Habersham Taylor of Decatur Underwood of
Montgomery Vaughn Waldrop Ware Watson Wells of Peach Wells of Camden White Wickham Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 143, nays 0.

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

HR 382-785. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Bade:
A RESOLUTION
Proposing an amendment to the Constitution so as to allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes from private individuals, firms, corporations, or partnerships, as well as from the State; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations, or partner ships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization

THURSDAY, JANUARY 25, 1962

529

programs for ad valorem tax purposes; to contract for the repay ment thereof and to issue notes or other like instruments as evi dence 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."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes.

"Against ratification of amendment to the Constitution so as to allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valution and equali zation programs for ad valorem tax purposes."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per
sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

530

JOURNAL OP THE HOUSE,

On the adoption of the Resolution the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bolton Boyett Brooks of Oglethorpe Brooks of Fulton Brown Budd Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Coker Collins Conner Crowe Culpepper Da vis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Funk Greene

Hale Hall of Lee Hall of Floyd Henderson Hill Hodges Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian Kimmons King Kirkland Lane Langford Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Morgan Morris Mullis Murphy Ne Smith Newton Odom Otwell Pannell

Parker of Screven Parker of Appling Payton Pelham Phillips of Bibb Poole Rainey Roberts Rogers of Paulding Ross Rowland Rutland Sangster Scarborough Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Oconee Wilkes Willingham Wilson Woodward Young

THURSDAY, JANUARY 25, 1962

531

Those voting in the negative were Messrs.:

Horton Williams of Hall

Kelly

Smith of Habersham

Those not voting were Messrs.:

Arnsdorff Bowen of Randolph Bowen of Toombs Bozeman Brackin Branch Brantley Busbee Caldwell Cloer Cox Crawford Dicus Dorminy Flynt Fowler of Treutlen Fuqua Harrell Hurst

Johnson Killingsworth Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lovett Mackay McClelland McGarity Moorman Moss Paris Parker of Ware Farmer Phillips of Columbia Phillips of Walton Pickard Potts

Purcell Raulerson Rodgers of Charlton Roper Scoggin Sheffield Simpson Taylor of Decatur Todd Vaughn Watson Wells of Peach Wells of Camden White Wickham Williams of Coffee Mr. Speaker

On the adoption of the Resolution, the ayes were 146, nays 4.

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

HB 732. By Messrs. Fuqua of Richmond, and Mackay of DeKalb:
A Bill to be entitled an Act to provide for the "Uniform Commercial Code"; and for other purposes.

By unanimous consent, HB 732 was postponed until Monday, January 29, 1962.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 a. m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 a. m. tomorrow morning.

532

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 26, 1962.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Troy Acree, Pastor, First Baptist Church, Gum ming, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day
had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions 2. First reading and reference of House Bills and Resolutions 3. Second reading of Bills and Resolutions 4. Reports of Standing Committees 5. Third Reading and passage of local uncontested Bills 6. First reading and reference of Senate Bills and Resolutions 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 917. By Mr. Taylor of Bibb: A Bill to be entitled an Act making it unlawful for any carrier or ship per of property or any person or association of persons to pay or agree

FRIDAY, JANUARY 26, 1962

533

to pay for the benefit of a labor organization certain charges; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 918. By Mr. Brown of Hart:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Bridges, and a Board of Finance for Hart County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 451-918. By Mr. Paris of Barrow:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County Industrial Building Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 452-918. By Mr. Kirkland of Tattnall:
A Resolution authorizing compensation to the Georgia Cigar and To bacco Company; and for other purposes.
Referred to the Committee on Appropriations.

HR 453-918. By Mr. Kirkland of Tattnall:
A Resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.
Referred to the Committee on Appropriations.

HR 454-918. By Mr. Harrell of Fayette:
A Resolution proposing an amendment to the Constitution so as to create the Peachtree City Industrial Building Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 455-918. By Mr. Bowen of Randolph:
A Resolution proposing an amendment to the Constitution so as to create the Randolph County Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

534

JOURNAL OF THE HOUSE,

HB 919. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act relating to Clerks of the Superior Court, so as to provide that the Clerk of the Superior Court may keep certain records by microfilm or other photographic processes of a permanent nature; and for other purposes.
Referred to the Committee on Judiciary.

HB 920. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act providing for a permanent pension for employees of Muscogee County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 921. By Messrs. Smith of Emanuel, Twitty of Mitchell, Ballard of Newton, Milhollin of Coffee, Scoggin of Floyd, and others:
A Bill to be entitled an Act to provide for grants to municipalities to aid in the construction and maintenance of streets; and for other purposes.
Referred to the Committee on State of Republic.

HB 922. By Messrs. Loggins of Chattooga, Hale of Dade, Melton of Spalding, Thornton of Bibb, Scoggin of Floyd, and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act known as the Charitable Agencies and Licenses Required Act, so as to provide the method of licensing all types of charitable organizations who wish to engage in activities which include providing for care of dependent or defective persons; and for other purposes.
Referred to the Committee on Welfare.

HR 459-922. By Mr. Smith of Emanuel:
A Resolution creating a joint committee of the House and Senate to be known as "The Municipal Study Committee" for the purpose of inquir ing into the needs and problems of the incorporated municipalities of the State; and for other purposes.
Referred to the Committee on Rules.

HR 460-922. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Resolution proposing an amendment to the Constitution to authorize Muscogee County to make appropriations from county funds not derived from ad valorem taxation to promote industry and attract tourist; and for other purposes.
Referred to the Committee on Special Judiciary.

FRIDAY, JANUARY 26, 1962

535

HR 461-922. By Messrs. Matthews and Cox of Clarke, Morgan of Gwinnett, Pannell of Murray, Brooks of Oglethorpe and Lewis of Wilkinson:
A Resolution proposing an amendment to the Constitution so as to pro vide for repayment of medical loans and scholarships by service in any prison or detention or work camp operated under the jurisdiction of the State Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 462-922. By Mr. Teague of Cobb: A Resolution to compensate Alien J. Faulkner; and for other purposes.
Referred to the Committee on Appropriations.

HR 463-922. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution providing that the General Assembly may grant the right to the governing au thority of Hall County to construct and repair sanitary sewers in Hall County; to assess abutting property owners; and for other purposes.
Referred to the Committee on Local Affairs.

HR 464-922. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the Board of Commissioners of Roads and Revenues of Hall County to enact ordinances for the policing and governing of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HR 465-922. By Mr. Barber of Jackson: A Resolution to compensate Mose Gordon; and for other purposes.
Referred to the Committee on Appropriations.

HR 466-922. By Mr. Barber of Jackson:
A Resolution to compensate Southern Railway Company; and for other purposes.
Referred to the Committee on Appropriations.

HR 467-922 By Mr. Joiner of Washington:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of a School Superintendent by the Board of

536

JOURNAL OP THE HOUSE,

Education of Washington County to serve for the unexpired term when the office is vacated because of death or otherwise; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 923. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to limit the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt, so as to provide a method whereby "open-end" clauses contained in real estate mortgages or deeds might be ended; and for other purposes.
Referred to the Committee on Judiciary.

HB 924. By Messrs. NeSmith of Meriwether, Cocke of Terrell, Rowland of John son and Sinclair of Macon:
A Bill to be entitled an Act to provide for appointment and removal of members of local authorities; and for other purposes.
Referred to the Committee on State of Republic.

HB 925. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to change the time of holding Forsyth Su perior Court, so as to provide that the November term shall be held on the 2nd Monday in November; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 926. By Messrs. Ross of Lincoln and Busbee of Dougherty: A Bill to be entitled an Act to amend an Act relating to the appoint ment of stenographers and reporters for Superior Courts; and for other purposes.
Referred to the Committee on Judiciary.
HB 927. By Messrs. Teague, Willingham and Wilson of Cobb: A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to change certain provisions relating to private trailers; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 468-927 By Mr. Dicus of Muscogee: A Resolution to compensate Mr. Wise C. Gunnels; and for other pur poses.
Referred to Committee on Appropriations.

FRIDAY, JANUARY 26, 1962

537

HB 928. By Messrs. Abney of Walker, Busbee of Dougherty, Hale of Dade, Coker of Walker, Loggins of Chattooga and Knight of Berrien:
A Bill to be entitled an Act to amend an Act relating to the issuance of warrants and requirements of bonds to keep the peace, so as to require advance costs to be paid by any person requesting the issuance of a warrant; and for other purposes.
Referred to the Committee on Judiciary.

HB 929. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the Town of Pooler shall be affected by certain provisions thereof; and for other purposes.

HB 930. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to remove that provision which declares that no coverage under said Act shall be extended to any official or employee who is covered under the provisions of any other retirement system including Social Security; and for other purposes.
Referred to the Committee on State of Republic.

HB 931. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to Ordinary Courts and proceedings, so as to empower the ordinary having jurisdiction over an estate, trust or guardianship to issue an order authorizing the employment of counsel or expert witnesses; and for other purposes.
Referred to the Committee on Judiciary.

HB 932. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to the granting of extra-ordinary compensation, so as to provide that same shall be granted only after petition to the Court of Ordinary and to provide that notice shall be given of such petition; and for other purposes.
Referred to the Committee on Judiciary.
HB 933. By Messrs. Brantley of Candler and Lane of Bulloch:
A Bill to be entitled an Act to prohibit the use of certain language over the telephone; to provide that the prohibitions of this Act shall be printed in every telephone directory distributed in this State; to prohibit the use of the telephone for certain purposes; and for other purposes.
Referred to the Committee on State of Republic.

538

JOURNAL OF THE HOUSE,

HB 934. By Mr. Lokey of McDuffie:
A Bill to be entitled an Act to create the Thomson-McDuffie County Industrial Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 935. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to how militia districts are laid out or changed, so as to provide that any territory or area heretofore or hereafter incorporated within a municipality shall be a part of the militia district of the municipality; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 469-935. By Mr. Smith of Grady: A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and a public instrumentality of the City of Cairo to be known as the City of Cairo Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 470-935. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 471-935. By Mr. Jones of Lumpkin: A Resolution to compensate Mr. Carroll J. Mincey; and for other pur poses.
Referred to the Committee on Appropriations.
HR 472-935. By Messrs. Steis of Harris, Flexer of Glynn, Vaughn of Rockdale, Hill of Meriwether, Lovett of Laurens, Smith of Grady and many others: A Resolution proposing an amendment to the Constitution so as to provide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 473-935. By Mr. Smith of Fulton: A Resolution proposing an amendment to the Constitution so as to pro-

FRIDAY, JANUARY 26, 1962

539

vide for a jury verdict of life imprisonment without parole as an alter native to the death sentence; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions, of the House and Senate were read the second time:

HB 892. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Harris County on a salary system in lieu of a fee system; and for other purposes.

HB 893. By Mr. Todd of Glascock: A Bill to be entitled an Act to amend an Act known as the Intangible Property Tax Act, so as to provide that the Intangible Property Tax shall not apply to Production Credit Associations; and for other pur poses.
HB 894. By Messrs. Smith and Boyett of Whitfield: A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues of Whitfield County; and for other purposes.

HB 895. By Mr. Barber of Jackson:
A Bill to be entitled an Act to create and establish a Board of Physical Therapy, and to provide and specify all details germane and pertinent to the composition, administration and operation of same; and for other purposes.

HB 896. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act relating to fishing on the Sabbath, so as to except certain counties; and for other purposes.

HB 897. By Messrs. Smith of Habersham, Simmons of Banks, Matthews of Colquitt and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverag'S, so as to provide the procedure by which it shall be determined whether malt beverages shall or shall not be sold in a county; and for other purposes.

540

JOURNAL OF THE HOUSE,

HB 898. By Mr. Arnsdorff of Effing-ham:
A Bill to be entitled an Act to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Springfield shall not be affected by the provisions of this Act; and for other purposes.

HB 899. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Washington; and for other purposes.

HB 900. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act creating the Town of Avera, so as to provide for a mayor and five councilmen; and for other purposes.

HB 901. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Whitfield, and for other purposes.

HB 902. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act creating a retirement benefit fund for the employees of Burke County; and for other purposes.

HB 903. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Burke, and for other purposes.

HB 904. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act creating the City Court of Waynesboro in Burke County; and for other purposes.

HB 905. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Banks County; and for other purposes.

FRIDAY, JANUARY 26, 1962

541

HB 906. By Messrs. Mixon of Irwin, Waldrop of Carroll, Farmer of Heard, Henderson of Atkinson and Parker of Appling:
A Bill to be entitled an Act to amend an Act relating to the licensing and bonding of dealers in agricultural products so as to include eggs within the definition of agricultural products; and for other purposes.

HB 907. By Mr. Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code of 1960, so as to provide new tables as minimum valua tion standards for industrial life insurance policies, annuities, disability benefits and accidental death benefits; and for other purposes.

HR 428-907 By Mr. Brackin of Seminole:
A Resolution proposing an amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building Au thority; and for other purposes.

HR 429-907. By Mr. Underwood of Montgomery: A Resolution to authorize the Department of Public Health to write off uncollectible accounts; and for other purposes.
HR 430-907. By Mr. McCracken of Jefferson: A Resolution authorizing the conveyance of certain property to the Town of Stapleton; and for other purposes.

HB 908. By Messrs. Parker and Hodges of Ware:
A Bill to be entitled an Act to amend an Act relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes.

HB 909. By Messrs. Story of Gwinnett and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to notice of appli cation for order to sell and reinvest the estate of a ward, so as to pro vide that service shall not be necessary under certain circumstances: and for other purposes.

HR 431-909. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County; and for other purposes.

542

JOURNAL OF THE HOUSE,

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett, Smith of Habersham, Greene of Bartow, Moore of Polk, Miller of Elbert, Cloer of Towns and Wilson of Cobb:
A Bill to be entitled an Act establishing a retirement system for the teachers in the State Public Schools and other State supported Schools, so as to eliminate the requirements for maintaining an annuity reserve fund and pension reserve fund; and for other purposes.

HB 911. By Messrs. Hall of Floyd, Matthews of Clarke, Moore of Polk, Smith of Emanuel, Lane of Bulloch, Scoggin of Floyd and others.
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education, so as to provide for the creation of the position of a Budget Officer responsible to the State Board of Education; and for other purposes.

HB 912. By Messrs. Strickland of Evans and Brantley of Candler:
A Bill to be entitled an Act to amend an Act so as to provide that petroleum products shall ba sold only from metered measuring devices; and for other purposes.

HE 432-912. By Mr. Kidd of Baldwin:
A Resolution to compensate the estate of Henry E. Hardee; and for other purposes.

HR 433-912. By Messrs. Barrett of Cherokee, Underwood of Taylor, McCutchen of Gilmer, Ross of Lincoln, Arnsdorff of Effingham and others: A Resolution authorizing the continued existence of the Sub-Committee on Hygiene and Sanitation, No. 2; and for other purposes.
HR 434-912. By Messrs. Kidd and Chandler of Baldwin: A Resolution compensating W. G. Messer of Milledgeville; and for other purposes.
HB 913. By Messrs. Fordham and Lane of Bulloch: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system; and for other purposes.
HB 914. By Messrs. Rutland, Mackay and Howard of DeKalb: A Bill to be entitled an Act to amend an Act establishing a Minimum

FRIDAY, JANUARY 26, 1962

543

Foundation Program for Education, so as to equalize educational oppor tunities throughout the State; and for other purposes.

HB 915. By Messrs. Lowrey of Floyd, Fowler of Douglas, Tamplin of Morgan,
Smith of Habershanr and Farmer of Heard: A Bill to be entitled an Act to amend an Act known as the Georgia Seed Law, so as to provide that it shall be unlawful for any person to sell or offer for sale treated seed for feed purposes; and for other purposes.

HR 446-915. By Mr. Thornton of Bibb:
A Resolution to amend a Resolution creating the Criminal Law Study Committee, so as to clarify provisions relating to service and funds; and for other purposes.

HR 447-915. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay and Rutland of DeKalb: A Resolution providing for a Commission to study primary, general and special elections held in the City of Atlanta for the nomination and election of public officials for the City of Atlanta; and for other pur poses.
HR 448-915. By Mr. Smith of Brantley: A Resolution compensating Vernon Strickland; and for other purposes.
HR 449-915. By Mr. Sheffield of Brooks: A Resolution proposing an amendment to the Constitution so as to provide for the merger of the school systems of the City of Quitman and Brooks County; and for other purposes.

HB 916. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Monroe County, relating to clerical help; and for other purposes.

HR 450-916. By Messrs. Smith of Habersham, Cocke of Terrell, Fowler of Treutlen, McGarity of Henry, Wilson of Cobb and others:
A Resolution relative to school bus drivers; to create a Committee to study possibility of Retirement for School bus drivers; and for other purposes.

544

JOURNAL OF THE HOUSE,

SB 172. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for disability retire ment for members of the Uniform Div. of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation; and for other purposes.

SB 178. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to amend Code Section 92-4901, relating to the duties of Tax Collectors, so as to provide that the Tax Collector need not make rounds for the purpose of collecting taxes; and for other purposes.

SB 179. By Senator McWhorter of the 60th:
A Bill to be entitled an Act to amend Code Section 92-4611, relating to the duties of Tax Receivers, so as to provide that the Tax Receiver need not make rounds for the purpose of receiving tax returns; to repeal conflicting laws; and for other purposes.
SB 183. By Senators Claxton of the 21st, Jones of the 23rd, Towson of the 16th and others:
A Bill to be entitled an Act to provide for a Georgia Police Academy; and for other purposes.

SB 184. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

SB 186. By Senator Whisnant of the 25th:
A Bill to be entitled an Act to provide for the holding of three terms of the Superior Court of Harris County; to prescribe the terms for holding such terms; and for other purposes.

SB 193. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Code Chapter 84-1, as amended, relating to Joint Secretary of State Examining Boards, so as to provide the venue, of any action pertaining to, by or against members of any State Examining Board now in existence or hereafter created; and for other purposes.

FRIDAY, JANUARY 26, 1962

545

SR 107. By Senator Towson of the 16th:
A Resolution proposing to the qualified voters an amendment to the Constitution providing that the County School Superintendent of Laurens County shall be elected by the Board of Education of Laurens County; and for other purposes.

SR 108. By Senator Towson of the 16th:
A Resolution to the qualified voters an amendment to the Constitution providing that members of the Board of Education of Laurens County shall be elected by the people; and for other purposes.

SR 109. By Senator Towson of the 16th:
A Resolution proposing an amendment to the Constitution so as to create the City of Dublin and County of Laurens Development Authority; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to-wit:
HB 709. By Messrs. Twitty and Collins of Mitchell: A Bill to amend an Act creating a Small Claims Court in counties having a population of not less than 19,500 and not more than 19,700; and for other purposes.
HB 716. By Messrs. Scoggin, Lowrey and Hall of Floyd: A Bill to amend an Act so as to provide for the collection of costs for the performance of the official duties of Clerks of the Superior Courts in counties having a population of 65,000 to 72,000; and for other purposes.
HB 720. By Messrs. Undercofler and Jones of Sumter: A Bill to amend an Act establishing the City Court of Americus; and for other purposes.
HB 721. By Messrs. Undercofler and Jones of Sumter: A Bill to amend an Act establishing the City Court of Americus, so as to provide for a change in the salary of the Judge of the City Court of Americus; and for other purposes.

546

JOURNAL OF THE HOUSE,

HB 722. By Mr. Bowen of Randolph:
A Bill to amend the charter of Shellman, Georgia; and for other pur poses.

HB 726. By Mr. Smith of Grady: A Bill to amend an Act creating a small claims court in certain counties; and for other purposes.
HB 733. By Messrs. Bozeman and Keyton of Thomas: A Bill to amend an Act creating a small claims court in certain counties; and for other purposes.
HB 739. By Mr. Langford of Warren: A Bill to amend an Act creating a Commissioner of Roads and Revenues of Warren County, relating to compensation of the Commissioner and Clerk; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to-wit:
HB 740. By Mr. Langford of Warren: A Bill to amend an Act to create a County Treasurer for the County of Waren; and for other purposes.
HB 746. By Mr. Sangster of Dooly: A Bill to amend an Act creating a new charter for the City of Unadilla, so as to empower governing authorities to close, abandon and vacate a certain alley in said city; and for other purposes.
HB 747 By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill to amend an Act relating to the Ordinary of Muscogee County; and for other purposes.
HB 748. By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill to amend an Act relating to the Sheriff of Muscogee County; and for other purposes.

FRIDAY, JANUARY 26, 1962

547

HB 749. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to amend an Act relating to the offices of tax-receiver and taxcollector of Muscogee County; and for other purposes.

HB 750. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to amend an Act relating to the Clerk of the Superior Court of Muscogee County; and for other purposes.

HB 751. By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill to amend an Act relating to the Municipal Court of Columbus; and for other purposes.
HB 752. By Mr. Dicus of Muscogee: A Bill to amend the Juvenile Court Act in certain counties; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority
the following Bills of the House to-wit:
HB 250. By Messrs. Scoggin of Floyd, Ballard of Newton, Kidd of Baldwin, Lowrey of Floyd, Flexer of Flynn, Tamplin of Morgan, Killian of Glynn and others: A Bill to safeguard the public health and promote the public welfare by requiring a permit to operate, maintain, open or establish a pharmacy, drug store or establishment that manufactures drugs, medicines, toilet articles or related items; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:
SB 194. By Senator Grayson of the 1st: A Bill to create and organize Commissioners of Chatham County, to define their jurisdiction and duties; to authorize the acquisition of lands for spoilage purposes; and for other purposes.

548

JOURNAL OF THE HOUSE,

SB 195. By Senator McWhorter of the 34th:
A Bill to amend an Act approved August 17, 1909, creating and estab lishing a new Charter and municipal Government for the Town of Decatur, now City of Decatur; creating an office of city Recorder by pro viding for the election of a Recorder Pro Tempore; and for other pur poses.

SB 197. By Senator Overby of the 33rd: A Bill to amend an Act incorporating the Town of Flowery Branch in Hall County, approved March 30, 1937 (Ga. Laws 1937, p. 1877) ; and for other purposes.
SB 207. By Senator Mathews of the 48th: A Bill to establish the City Court of Crisp County, in and for the County of Crisp; and for other purposes.
SB 198. By Senator Overby of the 33rd: A bill authorizing the counties of this State to sell lost or abandoned personal property located within the county; and for other purposes.
SB 213. By Senator Clanton of the 7th: A Bill to amend Code Ch. 84-15 relating to veterinarians and practice of veterinary medicine, to amend several Codes relating to veterinary; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolutions of the Senate, to wit:
SR 117. By Senator Fitzpatrick of the 51st: A Resolution commending the Honorable Glenn Cunningham, Represen tative from the State of Nebraska, for his influential speech and intro duction of a bill concerning the free flow of Communist propaganda through our United States Postal System; and for other purposes.
SR 118. By Senator Fitzpatrick of the 51st: A Resolution proposing to our Congressional Delegation that they do oppose the participation of these United States of America in the pur chasing of One Hundred Million ($100,000,000.00) Dollars of bond issue of the United Nations; and for other purposes.

FRIDAY, JANUARY 26, 1962

549

SR 121. By Senator Hart of the 53rd:
A Resolution commending all those individuals and organizations for their gestures of courtesy and efforts in making the General Assembly's tour of the State Game and Fish Commission's facilities on Jekyll Island successful; and for other purposes.

Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
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 House with the following recommendations:
HB 869. Do- Pass. HB 906. Do Pass.
Respectfully submitted, Fowler of Douglas, Chairman.

Mr. Ballard of Newton County, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Resolutions of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HR 384-793. Do Pass. HR 349-737. Do Pass. HR 359-755. Do Pass.
Respectfully submitted, Ballard of Newton, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following

550

JOURNAL OP THE HOUSE,

Bills and Resolution of the House and Senate and has instructed me, as Chair man, to report the same back to the House with the following recommendations:

HB 854. Do Pass.

HB 856. Do Pass.

HB 857. Do Pass.

HB 858. Do Pass.

HB 859. Do Pass.

HB 865. Do Pass.

HB 866. Do Pass.

HB 868. Do Pass.

HB 872. Do Pass.

HB 873. Do Pass.

HB 874. Do Pass.

HB 876. Do Pass.

HB 877. Do Pass.

HB 878. Do Pass.

HB 879. Do Pass.

HB 880. Do Pass.

HB 881. Do Pass.

HB 886. Do Pass.

HB 887. Do Pass.

HB 888. Do Pass.

HR 426-891. Do Pass.

SB 175. Do Pass.

SB

186. Do Pass.

Respectfully submitted,

Underwood of

Montgomery,

Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following

FRIDAY, JANUARY 26, 1962

551

Bills and Resolutions of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 825. Do Pass.

HB 827. Do Pass.

HB 828. Do Pass.

HB 829. Do Pass.

HB 833. Do Pass.

HB 834. Do Pass.

HB 838. Do Pass.

HB 842. Do Pass.

HB 843. Do Pass.

HB 844. Do Pass.

HB 845. Do Pass.

HB 847. Do Pass.

HB 848. Do Pass.

HB 849. Do Pass.

HB 850. Do Pass.

HB 851. Do Pass.

HB 852. Do Pass.

HR 405-831. Do Pass.

HR 409-832. Do Pass.

Respectfully submitted,

Underwood of Montgomery,

Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 99. Do Pass, as Amended. Respectfully submitted, McCracken of Jefferson, Chairman.

552

JOURNAL OF THE HOUSE,

By unanimous consent, the following Resolutions of the House and Senate were read and referred to the Committee on Rules:

HR 475. By Mr. Keadle of Lamar:
A RESOLUTION
Authorizing the erection of a statue of General John B. Gordon on the campus of Gordon Military College; and for other purposes.
WHEREAS, John Brown Gordon, a true son of Georgia, and a great soldier and statesman; and
WHEREAS, he was one of Georgia's greatest Confederate Gen erals; and
WHEREAS, he was one of Georgia's greatest statesmen, having served one term as Governor of Georgia and three terms as United States Senator; and
WHEREAS, after the Civil War, he led the fight to restore to Georgia, and the people of Georgia, the rightful sovereignty that was deserved; and
WHEREAS, it is fitting and proper that this great son of Georgia be further recognized and honored by the erection of a statue of him on the campus of Gordon Military College; and
WHEREAS, such a monument will serve as an inspiration to the students at Gordon Military College, as well as all others who see it.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that a statue of General John B. Gordon be erected on the campus of Gordon Military College at a site selected by the Willie Hunt Chapter of the United Daughters of the Confed eracy. The Secretary of State is hereby authorized to conduct all the necessary matters relative to the purposes set out herein, and the Budget Bureau is hereby authorized and directed to provide the neces sary funds to carry out the purposes of this Resolution.

SR 117. By Senator Fitzpatrick of the 51st:
A RESOLUTION
Commending the Honorable Glenn Cunningham, Representative from the State of Nebraska, for his influential speech and introduction of a bill concerning the free flow of Communist propaganda through our United States Postal System; and for other purposes.

FRIDAY, JANUARY 26, 1962

553

WHEREAS, the Honorable Glenn Cunningham did on Thursday, August 31, 1961, propose and introduce a bill to hinder, delay, and stop the unwanted flow of Communist propaganda into this country; and

WHEREAS, pursuant to such introduction, the Honorable Glenn Cunningham did address the House of Representatives, which address was readily and wholeheartedly received by the members of the House of Representatives; and

WHEREAS, the speech condemned the continuous flow of Com munist propaganda which spreads Communist beliefs, stirs up interna tional ill will, and constantly threatens the principles, beliefs, and lib erty for which the founders of our great nation strived and died to achieve and maintain; and

WHEREAS, such propaganda is not only undesirable and un wanted by the American public, but the burden of paying the expense of such an outlandish undertaking by our federal government falls upon and is paid by the American taxpayers; and

WHEREAS, the Communist Party is continually striving to im prove their methods of infiltrating the beliefs of Communism in the minds of the American public and especially in the uncultivated minds of our unsuspecting youth.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Glenn Cunningham of Nebraska be highly commended for having the foresight, initiative, and integrity in taking such a strong stand against this most unwanted, undesirable, and seemingly illicit use of our traditionally great postal system and for introducing the proposed law by which to remedy this sitaution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to send appropriate copies of this Resolution to the Honorable Glenn Cunningham of the State of Ne braska and to each Georgia senator and representative in the Congress of the United States.

SR 118. By Senator Fitzpatrick of the 51st:
A RESOLUTION
Proposing to our Congressional Delegation that they do oppose the participation of these United States of America in the purchasing of One Hundred Million ($100,000,000.00) Dollars of bond issue of the United Nations; and for other purposes.
WHEREAS, even though it has been the custom and the tradition of this great nation, since its founding, to do everything within its power to preserve the liberty of all freedom-loving people of this world; and

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JOURNAL OF THE HOUSE,

WHEREAS, even though it has also been the custom and the tradi tion of this great nation, whenever it was possible, to strive to reach agreements with other nations in order to avoid any military action; and

WHEREAS, even though this nation has wholeheartedly endeavored to back the United Nations in trying to maintain and preserve world peace and coexistence; and

WHEREAS, even though this nation has in the past contributed more than its fair share of financial responsibility to the United Na tions in helping carry out and finance the work of this world renowned organization; and

WHEREAS, there are nations which belong to this world organization whose sole purpose seems to cause dissension and defeat the objec tives of the member nations and which have not, in the past, and in all probability, will not in the future, contribute their financial responsi bility to this great organization;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the United States of America should not purchase One Hundred Million ($100,000,000.00) Dollars of United Nations bond issue unless or until the other great powers of this world do show some initiative in sharing the financial burden of carrying out the mammoth endeavors of this great world-wide organization.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to send appropriate copies of this Resolution to each Georgia senator and representative in the Congress of the United States.

By unanimous consent the following Resolutions of the House were read and adopted:

HR 476. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Calling for a joint session of the House and Senate for the purpose of accepting a portrait of the Honorable Carl Vinson, United States Con gressman from the 6th Congressional District of Georgia; and for other purposes.
WHEREAS, Honorable Carl Vinson, United States Congressman from the 6th Congressional District of Georgia has for many years dis tinguished himself as a faithful and devoted public servant; and
WHEREAS, Congressman Vinson is known throughout the world for his achievements since he has been a member of the United States Congress; and

FRIDAY, JANUARY 26, 1962

555

WHEREAS, history will record Congressman Vinson as one of the most prominent and outstanding Georgians of our time; and

WHEREAS, it is only fitting and proper that some fitting memorial be placed at the State Capitol in Atlanta, Georgia so that future genera tions shall never forget his accomplishments, achievements and devoted service; and

WHEREAS, recently at a testimonial dinner in honor of Honorable Carl Vinson and Honorable Richard B. Russell, a portrait of the Hon orable Carl Vinson was presented to the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Carl Vinson, United States Congressman from the 6th Congressional District of Georgia is hereby invited to appear and be presented at a joint session of the General Assembly of Georgia at 11:30 o'clock A.M. on 9 day of February, 1962
in the Hall of the House of Representatives of the State of Georgia.

BE IT FURTHER RESOLVED that a joint session of the General Assembly of Georgia will be held in the Hall of the House of Represen tatives at 11:30 o'clock A.M. on the 9 day of February, 1962.

BE IT FURTHER RESOLVED that at said joint session, the por trait of Honorable Carl Vinson, Congressman from the 6th Congres sional District of Georgia shall be formally accepted for and on behalf of the State of Georgia.

BE IT FURTHER RESOLVED that His Excellency, the Governor, S. Ernest Vandiver and Honorable Ben W. Fortson, Jr., Secretary of State, are hereby invited to be present at said joint session and the Governor is hereby authorized and empowered to formally accept the portrait of Honorable Carl Vinson. Said committees shall be comprised Georgia. The Honorable Ben W. Fortson, Jr., Secretary of State of the State of Georgia, as keeper of the building and grounds is hereby au thorized to place said portrait in an appropriate place in the State Capitol.

BE IT FURTHER RESOLVED that committees of escort and a committee on arrangements be named by the Speaker of the House and President of the Senate for the purpose of escorting the aforesaid dis
tinguished guests to the Hall of the House of Representatives and for the purpose of making arrangements for the formal acceptance of the portrait of Honorable Carl Vinson. Said committees shall be comprised of members of the House and Senate from the 6th Congressional District of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to immediately trans mit appropriate copy of this Resolution to Honorable Carl Vinson, Unit ed States Congressman for the 6th Congressional District of Georgia, His Excellency, the Governor, S. Ernest Vandiver, and Honorable Ben W. Fortson, Jr., Secretary of State.

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JOURNAL OF THE HOUSE,

HR 477. By Mr. Smith of Emanuel:

A RESOLUTION
Requesting the Department of Commerce to make a study relative to Rural Residential Development for Part-Time Farmers; and for other purposes.
WHEREAS, a substantial number of Georgia's industrial and other non-farm workers live on farms and engage in limited farm activities. These part-time farmers commute daily to places of employment in near by cities and towns. Many thousands of other non-farm workers reside by preference in rural areas and are identified with open country life. These residential arrangements for a substantial proportion of its popu lation are good for Georgia and deserve support and encouragement; and
WHEREAS, almost half the farmers of Georgia engage in work off their farms and practically that number earn more in off-farm employment than they do from farm product sales. Thus, these families enhance their total earnings through industrial and other employment while maintaining their residence in the open country on their own farms. Neither the security that comes to the family in its farming activities nor the contribution made to the growth of the non-farm sectors of the economy should be minimized; and
WHEREAS, of tremendous importance is the strength such fam ilies give to the rural community. And never to be overlooked are the advantages that accrue to the children in growing up in the country with opportunities to participate in farm chores and activities; and

WHEREAS, the tremendous progress which has come about in agri cultural efficiency is resulting in fantastic increases in the productivity of farmers. An increasing volume of farm output is being produced by fewer and fewer farmers. All of Georgia and America benefits from this modern miracle. Those workers who are released from farming because of this greater efficiency are making it possible for this state to expand the industrial and service segments of its economy by joining the non-farm labor force; and
WHEREAS, a considerable proportion of farm people who seek non-farm employment do not wish to leave the rural community. Neither do they wish to disassociate themselves from farming altogether. They prefer to live on the land and engage in limited farming activities. They have accomplished this in two ways. Some continue to operate their present farms with modern machinery on a part-time basis. Many are finding this unsatisfactory. Land becomes idle. Production declines, and, there is an increasing demand for more land by full-time farmers as their businesses become larger for more efficiency; and
WHEREAS, other families purchase a limited acreage and hold their operations in line with the amount of labor and time available over and above that required in non-farm employment. Access to ma chines and certain essential services contribute much to the success of

FRIDAY, JANUARY 26, 1962

557

this kind of farming. Sometimes small farms are referred to as rural residences. Georgia needs more of such development to strengthen its total growth, and maintain a good balance between its rural and urban populations; and

WHEREAS, Georgia has about 1,800,000 people living in rural areas. This is 47 percent of the population. The remaining 2,200,000 reside in urban places, with about two-thirds of these having their resi dences in six highly populated urbanized areas. There is need to main tain the strong and highly valued virtues of the rural environment in a more highly diversified industrial agricultural service economy with strong emphasis on urbanization. One of Georgia's great assets in indus trialization is its rural culture and basically untapped labor resources with farm backgrounds; and

WHEREAS, As the non-farm employment of Georgia increases further, there will be a growing demand by families for the opportunity to maintain their residences on small farms of limited acreage which they own. This desire will be strengthened by good roads providing ease in transportation. Also many services are being extended into the rural area that formerly belonged to the urban alone. The State of Georgia has a big and important stake in the maintenance of a strong rural population; and

WHEREAS, rural residential development for part-time farmers is and should be an endeavor of private business. The development of property, the erection of residences and other buildings and the making of financial arrangements are all involved and are matters of private enterprise; and

WHEREAS, there is a public opportunity and responsibility. There is the opportunity to provide leadership in promoting and giving direc tion to a rural residential development program for part-time farmers. This involves the responsibility of providing the personnel and other aids to move this program forward; and

WHEREAS, Rural Residential Development for Part-Time Farm ers embraces both community and individual farm planning, research and service. The University of Georgia embraces these aspects of com munity development within its Colleges and Schools. The Institute of Community and Area Development of the University serves in a coordi nating capacity within the Institution. The Institute is in a position to accept responsibility for developing the program within the University with the appropriate Colleges and Schools; and

WHEREAS, it would be desirable for the Department of Com merce to conduct a study of the above in conjunction with the Institute of Community and Area Development;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Department of Commerce is hereby re quested to make a study relative to the possibility of establishing a pro gram of Rural Residential Development for Part-Time Farmers and that such study be made in conjunction with the Institute of Community

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JOURNAL OF THE HOUSE,

and Area Development of the University of Georgia. The Department is further requested to make progress reports from time to time to the members of the General Assembly. In the event it is determined that the establishment of such a program would be desirable and feasible, the Department is hereby urged to proceed therewith and to obtain the
assistance of the Institute.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Director of the State Department of Commerce and to the Director of the Insti tute of Community and Area Development of the University of Georgia.

SR 121. By Senator Hart of the 53rd:
A RESOLUTION
Commending all those individuals and organizations for their ges tures of courtesy and efforts in making the General Assembly's tour of the State Game and Fish Commission's facilities on Jekyll Island and other State properties successful; and for other purposes.
WHEREAS, pursuant to the provisions of House Resolution 336 and Senate Resolution 99, the General Assembly on Thursday, January 18, 1962 adjourned and made a trip to Jekyll Island for the purposes of inspecting facilities of the State Game and Fish Commission; and
WHEREAS, members of the General Assembly spent the period beginning with January 18th and ending January 21st on Jekyll Island; and
WHEREAS, said trip was made more enjoyable because of the many gestures of courtesy and activities planned by the following or ganizations :
Georgia Power Company City of Brunswick Brunswick-Glynn Co. Chamber of Commerce County of Glynn Brunswick Pulp and Paper Company Hercules Powder Company Seaboard Construction Company Bestwall Gypsum Corporation City of Darien County Commissioners of Mclntosh County County Commissioners of Chatham County State Game and Fish Commission Johnny Ganem's Steak House Jekyll Island Authority State Highway Patrol Union Bag Camp Paper Corporation
and other persons connected with the State and Glynn, Chatham and Mclntosh Counties; and

FRIDAY, JANUARY 26, 1962

559

WHEREAS, the members of the General Assembly wish to express their thanks to these individuals and organizations;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body expresses it heartfelt thanks to the individuals and organizations named in this Resolution for the courtesies extended to the General Assembly on its official inspection tour of the facilities of the State Game and Fish Commission on Jekyll Island and other State properties.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to each of the individuals and organizations above named.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 168. By Senators Brown of the 52nd, McWhorter of the S4th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A Bill to be entitled an Act to repeal an Act entitled "An Act to govern the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions thereto; to repeal conflicting laws; and for other purposes." approved Feb. 4, 1959 (Ga. Laws 1959, p. 20); and for other purposes.
Referred to the Committee on State of Republic.

SB 194. By Senator Grayson of the 1st: A Bill to be entitled an Act to create and organize Commissioners of Chatham County, to define their jurisdiction and duties; to authorize the acquisition of lands for spoilage purposes; and for other purposes.
Referred to the Committee on Local Affairs.
SB 195. By Senator McWhorter of the 34th: A Bill to be entitled an Act to amend an Act approved August 17, 1909, creating and establishing a new Charter and municipal Government for the Town of Decatur, now City of Decatur; creating an office of city Recorder by providing for the election of a Recorder Pro Tempore; and for other purposes.
Referred to the Committee on Local Affairs.
SB 197. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend an Act incorporating the Town of Flowery Branch in Hall County; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

SB 198. By Senator Overby of the 33rd:
A Bill to be entitled an Act authorizing the counties of this State to sell lost or abandoned personal property located within the county; and for other purposes.
Referred to the Committee on Judiciary.

SB 207. By Senator Mathews of the 48th:
A Bill to be entitled an Act to establish the City Court of Crisp County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 213. By Senator Clanton of the 7th:
A Bill to be entitled an Act to amend Code Ch. 84-15 relating to veteri narians and practice of veterinary medicine, to amend several Codes relating to veterinary; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 825. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the town of Dudley in the county of Laurens; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 827. By Mr. Cloer of Towns: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Towns County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, JANUARY 26, 1962

561

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 828. By Mr. Cloer of Towns:
A Bill to be entitled an Act to change the compensation of the Ordinary of Towns County from the fee system to the salary system; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 829. By Mr. Cloer of Towns:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Towns County into the one office of Tax Commis sioner of Towns County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 833. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in the County of Coffee; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

562

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 834. By Messrs. Williams and Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Douglas; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 838. By Mr. McDonald of White:
A Bill to be entitled an Act to increase the compensation of the Ordi naries in certain counties in Georgia having a certain population; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 842. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act authorizing a stenographer to be present with the Grand Jury in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

FRIDAY, JANUARY 26, 1962

563

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

HB 843. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to provide for the establishment of fire prevention districts in Clayton County pursuant to Constitutional pro visions relative thereto; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 844. By Mr. Baughman of Early: A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 845. By Mr. Baughman of Early: A Bill to be entitled an Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, so as to extend the corporate limits of the City of Blakely; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

564

JOURNAL OF THE HOUSE,

HB 847. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act to establish a City Court in the City of Columbus; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 848. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 849. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the Counties of Ployd, Berrien, Effingham, Schley, Sumter and Greene; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 850. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act to establish the salary of the Ordinary of Sumter County; and for other purposes.

FRIDAY, JANUARY 26, 1962

565

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 851. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to fix the compensation or salary of the treasurer of Sumter County in lieu of commissions or other compensa tion now received by him; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 852. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act which increases the salary paid to the Judge of the Juvenile Court of Glynn County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 854. By Mr. Wells of Camden:
A Bill to be entitled an Act to authorize and empower the City of St. Marys, Georgia, to abandon and closa by ordinance certain streets; and for other purposes.

566

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 856. By Mr. Wells of Camden:
A Bill to be entitled an Act incorporating the City of Kingsland, to pro vide for a system of natural or manufactured gas in said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 857. By Mr. Wells of Camden: A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland, relating to elections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 858. By Mr. Wells of Camden: A Bill to be entitled an Act to amend the Charter of the City of St. Marys; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, JANUARY 26, 1962

567

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 859. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act placing certain county officials of Camden County on a salary basis; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 865. By Mr. Keadle of Lamar:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Milner, so as to provide said town with power to close certain streets; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 866. By Mr. Barnett of Baker: A Bill to be entitled an Act to provide for the compensation of the per sons holding the office of Tax Collector and Tax Receivers in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

568

JOURNAL OF THE HOUSE,

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

HB 868. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Bremen, so as to repeal the charter of Bremen and to enact in lieu thereof a new charter of said town; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 872. By Mr. Massee of Pulaski: A Bill to be entitled an Act creating the new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawkinsville; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 873. By Mr. Massee of Pulaski: A Bill to be entitled an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Haw kinsville; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 26, 1962

569

HB 874. By Mr. Massee of Pulaski:
A Bill to be entitled an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawkinsville; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 876. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to change the compensation of the coroner of Bartow County from the fee system to the salary sys tem; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 877. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in Bartow County, the Clerk of the Superior Court, the Ordinary and Sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

570

JOURNAL OF THE HOUSE,

HB 878. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act abolishing the office of county treasurer of Bartow County and providing that the Clerk of the Board of Commissioners shall perform the duties of treasurer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 879. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 880. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

FRIDAY, JANUARY 26, 1962

571

HB 881. By Messrs. Greene and Crowe of Bartow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 886. By Mr. Rodgers of Charlton: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Charlton; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 887. By Mr. Doster of Wilcox: A Bill to be entitled an Act to amend an Act creating a charter for the City of Abbeville; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 888. By Messrs. NeSmith of Meriwether and Hill of Meriwether: A Bill to be entitled an Act to amend the charter of the City of Man chester, to provide that the governing body of said city shall consist of five commissioners; and for other purposes.

572

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 175. By Senator Long of the 3rd:
A Bill to be entitled an Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms, and removal of jury commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 Monday morning and the motion prevailed.

The Speaker announced the House adjourned until Monday morning at 10:00 o'clock a.m.

MONDAY, JANUARY 29, 1962

573

Representative Hall, Atlanta, Georgia Monday, January 29, 1962

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Louis E. Ghoulson, Pastor, Dawson Methodist Church, Dawson Georgia:
"All Mighty and All Merciful God, give us the grace to approach Thee at this time with believing hearts. Quicken within us the spirit of courage that we may with hopeful minds meet the duties and conditions of this day, confident, that with Thy help we can fashion something good out of whatever materials the day will provide; strengthen us to meet all its experiences with steadfast and undaunted hearts. We do not ask for smallness of task, but for greatness of heart that we may come to the day's end unashamed because we have lived it as true men."
In Jesus' Name. Amen.

The roll call was ordered and the following members answered to their names:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Barrett Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Bozeman Brackin Branch Brantley Brooks of Oglethorpe

Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis
Deen Dickey Dicus Dollar Dorminy

Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming F lexer Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale
Hall of Lee Hall of Floyd Harrell Henderson Hodges Horton Howard Hull

574

JOURNAL OF THE HOUSE,

Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Killian Killingsworth Kimmons King Kirkland Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity Milhollin Miller Mixon

Moate Moore Moorman Morgan Morris Murphy Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers Rogers Roper Ross Rowland Rutland Sangster Scarborough Scoggin Shuman

Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walksr of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

MONDAY, JANUARY 29, 1962

575

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous conssnts:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 936. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act to provide for a credit against income taxes in amount paid for certain machinery; and for other purposes.
Referred to the Committee on Ways and Means.

HB 937. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to authorize and empower the Governor to assume jurisdiction over State Highways for the purpose of enforcing the traffic laws of this State; and for other purposes.
Referred to the Committee on State of Republic.

HB 938. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act to amend the Charter of the Town of Athens; to authorize the Mayor and Council of the City of Athens to close all or any part of any public street located within the corporate limits of the City of Athens; and for other purposes.
Referred to the Committee on Local Affairs.

576

JOURNAL OF THE HOUSE,

HB 939. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Athens, so as to provide that the Mayor and Council shall have authority to prescribe by ordinance a method for casting absentee ballots; and for other purposes.
Referred to the Committee on Local Affairs.

HB 940. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Athens, so as to redefine the corporate limits of the City of Athens; to redefine the boundaries of the wards of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 941. By Messrs. Twitty of Mitchell and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the duties of Supervisor of Purchases, so as to remove requirement that the Super visor of Purchases do procure fidelity bonds covering State employees; and for other purposes.
Referred to the Committee on Insurance.
HB 942. By Messrs. Underwood of Montgomery, Andrews of Hall and Moore of Polk:
A Bill to be entitled an Act to prohibit any elected or appointed State Official from printing or causing to be printed by any means material which bears the name of such official thereon and which is paid for by State funds; and for other purposes.
Referred to the Committee on State of Republic.
HR 474-942. By Mr. McDonald of White:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic to be known as the White County Indus trial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 943. By Messrs. McGarity of Henry, Rowland of Johnson, Payton of Coweta,
Baughman of Early, Taylor of Dawson and many others: A Bill to be entitled an Act to amend an Act relating to automobile and mileage allowances for State employees; to fix mileage for use of personal automobiles utilized in performing services of the State; that officers and employees required to travel by public transportation be reimbursed for necessary and actual expenses; and for other purposes.
Referred to the Committee on State of Republic.

MONDAY, JANUARY 29, 1962

577

HB 944. By Messrs. Wickham of Muscogee, Kidd of Baldwin, Crawford of Chat ham, Singer of Stewart, Jones of Liberty and others:
A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers Sales and Use Tax Act; providing for exemption from the tax provisions of said Act, capital expenditures of Industry, and providing for exemption of farm and agricultural equipment; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 945. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of notice from a law enforcement officer that such facilities are used for illegal purposes; and for other purposes.
Referred to the Committee on State of Republic.

HB 946. By Mr. Newton of Colquitt:
A Bill to be entitled an Act to regulate the sale of animal remedies; and for other purposes.
Referred to the Committee on Agriculture.

HB 947. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to create the Civil and Criminal Court of Troup County in lieu of the City of LaGrange; and for other purposes.
Referred to the Committee on Local Affairs.

HR 478-946. By Messrs. Milhollin and Williams of Coffee:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the Board of Education of Coffee County by the people; and for other purposes.
Referred to the Committee on Local Affairs.

HB 948. By Messrs. Thornton of Bibb and Hale of Bade:
A Bill to be entitled an Act to amend an Act providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement; and for other purposes.
Referred to Committee on Judiciary.

578

JOURNAL OP THE HOUSE,

HB 949. By Messrs. Thornton of Bibb and Hale of Dade:
A Bill to be entitled an Act to amend an Act relating to the prisoner's statement in criminal trials and the procedure connected therewith, so as to permit the accused to testify; and for other purposes.
Referred to Committee on Judiciary.

HB 950. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to provide that the sale of machinery for new and expanded industry or agriculture shall be taxed at the rate of 1% of the sales value; and for other purposes.
Referred to the Committee on Ways and Means.

HR 479-950 By Messrs. Mackay, Rutland and Howard of DeKalb, Phillips, Taylor and Thornton of Bibb, Wickham and Dicus of Muscogee, M. Smith, Brooks and McClelland of Fulton and others:
A Resolution proposing an amendment to the Constitution so as to provide that it shall be the duty of the General Assembly to rsapportion the Senate after the ratification of this amendment and after each decennial census thereafter; to provide that upon the failure of the General Assembly to act within a specified time a Reappointment Com mission consisting of the Governor, the Attorney General, the Secretary of State, the President of the Senate and Speaker of the House shall have the duty to reapportion the Senate; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 480-950. By Mr. Barber of Jackson: A Resolution to compensate Grady Haggard; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 917. By Mr. Taylor of Bibb: A Bill to be entitled an Act making it unlawful for any carrier or shipper of property or any person or association of persons to pay or agree to pay for the benefit of a labor organization certain charges; and for other purposes.
HB 918. By Mr. Brown of Hart: A Bill to be entitled an Act to amend an Act creating the office of

MONDAY, JANUARY 29, 1962

579

Commissioner of Roads and Bridges, and a Board of Finance for Hart County; and for other purposes.

HR 451-918. By Mr. Paris of Barrow:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County Industrial Building Authority; and for other pur poses.

HR 452-918. By Mr. Kirkland of Tattnall:
A Resolution authorizing compensation to the Georgia Cigar and Tobacco Company; and for other purposes.

HR 453-918. By Mr. Kirkland of Tattnall:
A Resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.

HR 454-918. By Mr. Harrell of Payette: A Resolution proposing an amendment to the Constitution so as to create the Peachtree City Industrial Building Authority; and for other pur poses.
HR 455-918. By Mr. Bowen of Randolph: A Resolution proposing an amendment to the Constitution so as to create the Randolph County Development Authority; and for other purposes.
HB 919. By Messrs. Williams and Andrews of Hall: A Bill to be entitled an Act to amend an Act relating to Clerks of the Superior Court, so as to provide that the Clerk of the Superior Court may keep certain records by microfilm or other photographic processes of a permanent nature; and for other purposes.
HB 920. By Messrs. Pickard, Wickham and Dicus of Muscogee: A Bill to be entitled an Act to amend an Act providing for a permanent pension for employees of Muscogee County; and for other purposes.
HB 921. By Messrs. Smith of Emanuel, Twitty of Mitchell, Ballard of Newton, Milhollin of Coffee, Seoggin of Floyd and others: A Bill to be entitled an Act to provide for grants to municipalities to aid in the construction and maintenance of streets; and for other purposes.

580

JOURNAL OP THE HOUSE,

HB 922. By Messrs. Loggins of Chattooga, Hale of Dade, Melton of Spalding, Thornton of Bibb, Scoggin of Floyd and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act known as the Charitable Agencies and Licenses Required Act, so as to provide the method of licensing all types of charitable organizations who wish to engage in activities which include providing for care of dependent or defective persons; and for other purposes.

HR 459-922 By Mr. Smith of Emanuel:
A Resolution creating a joint committee of the House and Senate to be known as "The Municipal Study Committee" for the purpose of inquiring into the needs and problems of the incorporated municipalities of the State; and for other purposes.

HR 460-922. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Resolution proposing an amendment to the Constitution to authorize Muscogee County to make appropriations from county funds not derived from ad valorem taxation to promote industry and attract tourist; and for other purposes.

HR 461-922. By Messrs. Matthews and Cox of Clarke, Morgan of Gwinnett, Panell of Murray, Brooks of Oglethorpe and Lewis of Wilkinson:
A Resolution proposing an amendment to the Constitution so as to pro vide for repayment of medical loans and scholarships by service in any prison or detention or work camp operated under the jurisdiction of the State Board of Corrections; and for other purposes.

HR 462-922. By Mr. Teague of Cobb: A Resolution to compensate Alien J. Faulkner; and for other purposes.

HR 463-922. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution providing that the General Assembly may grant the right to the governing authority of Hall County to construct and repair sanitary sewers in Hall County; to assess abutting property owners; and for other purposes.

HR 464-922. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the Board of Commissioners of Roads and Revenues of Hall County to enact ordinances for the policing and governing of said county; and for other purposes.

MONDAY, JANUARY 29, 1962

581

HR 465-922. By Mr. Barber of Jackson: A Resolution to compensate Mose Gordon; and for other purposes.

HR 466-922. By Mr. Barber of Jackson:
A Resolution to compensate Southern Railway Company; and for other purposes.

HR 467-922. By Mr. Joiner of Washington:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of a School Superintendent by the Board of Education of Washington County to serve for the unexpired term when the office is vacated because of death or otherwise; and for other pur poses.

HB 923. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to limit the effect of "openend" clauses appearing in mortgages or deeds conveying realty as security for a debt, so as to provide a method whereby "open-end" clauses contained in real estate mortgages or deeds might be ended; and for other purposes.

HB 924. By Messrs. NeSmith of Meriwether, Cocke of Terrell, Rowland of John son and Sinclair of Macon:
A Bill to be entitled an act to provide for appointment and removal of members of local authorities; and for other purposes.

HB 925. By Mr. Otwell of Forsyth: A Bill to be entitled an Act to change the time of holding Forsyth Superior Court, so as to provide that the November term shall be held on the 2nd Monday in November; and for other purposes.
HB 926. By Messrs. Ross of Lincoln and Busbee of Dougherty: A Bill to be entitled an Act to amend an Act relating to the appoint ment of stenographers and reporters for Superior Courts; and for other purposes.
HB 927. By Messrs. Teague, Willingham and Wilson of Cobb: A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to change certain provisions relating to private trailers; and for other purposes.

582

JOURNAL OF THE HOUSE,

HR 468-927. By Mr. Dicus of Muscogee:
A Resolution to compensate Mr. Wise C. Gunnels; and for other pur poses.

HB 928. By Messrs. Abney of Walker, Busbee of Dougherty, Hale of Bade, Coker of Walker, Loggins of Chattooga and Knight of Berrien:

;

A Bill to be entitled an Act to amend an Act relating to the issuance

of warrants and requirements of bonds to keep the peace, so as to

require advance costs to be paid by any person requesting the issuance

of a warrant; and for other purposes.

HB 929. By Messrs. Dickey, Punk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the Town of Pooler shall be affected by certain provisions thereof; and for other purposes.

HB 930. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to remove that provision which declares that no coverage under said Act shall be extended to any official or employee who is covered under the provisions of any other retirement system including Social Security; and for other purposes.

HB 931. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to Ordinary Courts and proceedings, so as to empower the ordinary having jurisdiction over an estate, trust or guardianship to issue an order authorizing the em ployment of counsel or expert witnesses; and for other purposes.

HB 932. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to the granting of extra-ordinary compensation, so as to provide that same shall be granted only after to the Court of Ordinary and to provide that notice shall be given of such petition; and for other purposes.

HB 933. By Messrs. Brantley of Candler and Lane of Bulloch:
A Bill to be entitled an Act to prohibit the use of certain language over the telephone; to provide that the prohibitions of this Act shall be be printed in every telephone directory distributed in this State; to pro hibit the use of the telephone for certain purposes; and for other pur poses.

MONDAY, JANUARY 29, 1962

583

HB 934. By Mr. Lokey of McDuffie:
A Bill to be entitled an Act to create the Thomson-McDuffie County Industrial Development Authority; and for other purposes.

HB 935. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to how militia districts are laid out or changed, so as to provide that any territory heretofore or hereafter incorporated within a municipality shall be a part of the militia district of the municipality; and for other purposes.

HE 469-935. By Mr. Smith of Grady:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and a public instrumentality of the City of Cairo to be known as the City of Cairo Development Authority; and for other purposes.

HR 470-935. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County; and for other purposes.

HR 471-935. By Mr. Jones of Lumpkin:
A Resolution to compensate Mr. Carroll J. Mincey; and for other pur poses.

HR 472-935. By Messrs. Steis of Harris, Flexer of Glynn, Vaughn of Rockdale, Mill of Meriwether, Lovett of Laurens, Smith of Grady and many others:
A Resolution proposing an amendment to the Constitution so as to pro vide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made; and for other purposes.

HR 473-935. By Mr. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to provide for a jury verdict of life imprisonment wihout parole as an alternative to the death sentence; and for other purposes.

SB 168. By Senators Brown of the 52nd, McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A Bill to be entitled an Act to repeal an Act entitled "An Act to govern the admission of students to the University of Georgia and all of its

584

JOURNAL OP THE HOUSE,

branches as to age; to declare exceptions thereto; to repeal conflicting laws; and for other purposes." approved Feb. 4, 1959 (Ga. Laws 1959, p. 20) ; and for other purposes.

SB 194. By Senator Grayson of the 1st:
A Bill to be entitled an Act to create and organize Commissioners of Chatham County, to define their jurisdiction and duties; to authorize the acquisition of lands for spoilage purposes; and for other purposes.

SB 195. By Senator McWhorter of the 34th: A Bill to be entitled an Act to amend an Act approved August 17, 1909, creating and establishing a new Charter and municipal Government for the Town of Decatur, now City of Decatur; creating an office of city Recorder by providing for the election of a Recorder Pro Tempore; and for other purposes.
SB 197. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend an Act incorporating the Town of Flowery Branch in Hall County; and for other purposes.
SB 198. By Senator Overby of the 33rd: A Bill to be entitled an Act authorizing the counties of this State to sell lost or abandoned personal property located within the county; and for other purposes.
SB 207. By Senator Mathews of the 48th: A Bill to be entitled an Act to establish the City Court of Crisp County; and for other purposes.

SB 213. By Senator Clanton of the 7th:
A Bill to be entitled an Act to amend Code Ch. 84-15 relating to veteri narians and practice of veterinary medicine, to amend several Codes relating to veterinary; and for other purposes.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Monday, January 29, 1962, and submits the following:
1. HR 42-99. Compensate Mrs. Scogin 2. HB 228. Workmen's Compensation, amend (p.p.)

MONDAY, JANUARY 29, 1962

585

3. HB 243. Admission to practice law 4. HB 269. State Examining Board, additional points (p.p.) 5. HB 389. Housing Authorities, bonds 6. HB 392. Peace Officers, Benefit Fund 7. HR 175-538. Compensate H. S. Mahan, Jr. 8. HB 467. Custody of children 9. HR 229-668. Compensate Lester Fallin 10. HR 286-704. Compensate Albert Alien 11. HB 723. Candidates in General Election, fee 12. HR 330-727. Compensate Ralph Mathis 13. HB 732. Uniform Commercial Code 14. HR 343-735. Compensate Carl Hopkins 15. HR 349-737. Ernest Vandiver Highway 16. HR 354-741. Compensate M. A. Teal 17. HB 754. Divorce, insane person 18. HR 359-755. Oglethorpe Bridge 19. HR 361-755. Compensate Derst Baking Co. 20. HB 786. Procedure in Court 21. HB 790. Time for qualifying (p.p.) 22. HB 823. Conservation Districts Law 23. HB 869. Weights and Measures, amend 24. HB 875. Motor Carrier, amend 25. HB 885. Weights and measures 26. HB 906. Agricultural products, eggs

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman. Undercofler of Sumter, Secretary.
Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following

586

JOURNAL OF THE HOUSE,

Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 892. Do Pass. HB 894. Do Pass. HB 899. Do Pass. HB 901. Do Pass. HB 902. Do Pass. HB 903. Do Pass. HB 904. Do Pass. HB 905. Do Pass. HB 908. Do Pass. HB 913. Do Pass. HB 916. Do Pass. HR 449-915. Do Pass. SB 185. Do Pass. SB 187. Do Pass. SR 107. Do Pass. SR 108. Do Pass.
Respectfully submitted, Underwood of Montgomery,
Chairman.

By unanimous consent, the following Resolutions of the House was read and adopted:

HR 492. By Mr. Smith of Emanuel:
A RESOLUTION
Calling for a joint session to hear an address by Honorable Car] Vinson; and for other purposes.
WHEREAS, Honorable Carl Vinson, United States Representative from the 6th Congressional District of Georgia, has served continuously in Congress since November 3,1914, and has the longest tenure of service of any member of Congress; and
WHEREAS, he has rendered outstanding service to his District, his State, and his Nation, particularly in his role as Chairman of the House Armed Services Committee; and

MONDAY, JANUARY 29, 1962

587

WHEREAS, on November 11, 1961, by special proclamation of Governor Ernest Vandiver, the State of Georgia observed "RussellVinson Day" in honor of the outstanding contributions in the field of public service rendered by United States Senator Richard B. Russell and United States Representative Carl Vinson; and

WHEREAS, at an appreciation dinner on said date, an oil portrait of Congressman Vinson was unveiled and presented to him and he has been prevailed upon to present it to the State of Georgia in order that it might be displayed in the Halls of the State Capitol along with portraits of other distinguished Georgians.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable Carl Vinson is hereby extended a most cordial invitation to address a joint session of the Senate and the House of Representatives on Friday, February 9, 1962, at 11:30 o'clock A. M., and also at such joint session to present to Governor Ernest Vandiver, acting for the State of Georgia, the aforesaid portrait which will be displayed in the State Capitol.

BE IT FURTHER RESOLVED that a joint session of the House and Senate is hereby called to be held in the Hall of the House of Representatives on Friday, February 9, 1962, at 11:15 o'clock A. M., for the aforesaid purpose.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Carl Vinson and to Governor Ernest Vandiver.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 186. By Senator Whisnant of the 25th: A Bill to be entitled an Act to provide for the holding of three terms of the Superior Court of Harris County; and for other purposes.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 187. By Senator Veazey of the 19th: A Bill to be entitled an Act to amend an Act creating and incorporating the City of Warrenton; and for other purposes.

588

JOURNAL OF THE HOUSE,

The report of the Committee which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 0.

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

HR 426-891. By Messrs. McClelland, Brooks, and Smith of Fulton, Mackay, Howard and Rutland of DeKalb:
A Resolution amending the Resolution creating the Fulton County City of Atlanta Study Commission, so as to extend the time for making a report of its findings and recommendations.

The report of the Committee which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 109, nays 0.

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

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 823. By Messrs. Smith of Emanuel and Hill of Meriwether:
A Bill to be entitled an Act to amend an Act known as "The Soil Con servation Districts Law", so as to change the name of the said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall

Arnsdorff Barber Baughman

Birdsong Black Blalock

MONDAY, JANUARY 29, 1962

589

Boggs Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton
Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Collins Cox Crawford Crowe Culpepper Davis Dickey Dollar Dorminy Doster Dunn Echols Fleming F lexer Fordham Fowler of Douglas Fuqua Hale Hall of Floyd Harrell Henderson Hill Hodges Horton

Hull Johnson Joiner Jones of Worth Jones of Sumter
Jordan Keadle Keyton Killingsworth King Kirkland Knight of Berrien
Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke
Loggins Lokey Lovett Lowrey Matthews of Clarke Matthews of Colquitt
McDonald Milhollin Miller Mixon Moate Moorman Morgan Morris
Moss NeSmith Newton Odom Otwell Paris Parker of Appling Farmer Phillips of Columbia Phillips of Bibb Poole

Potts Purcell Rainey Raulerson
Roberts Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham
Steis Story Strickland Stuckey Tabb Teague Thornton Todd Tucker Twitty Underwood of Taylor
Vaughn Waldrop Walker of Lowndes
Walker of Telfair
Ware Watson Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Willingham Woodward Young

Those not voting were Messrs. :

Adams Andrews of Stephens Ballard Barnett of Wilkes Barnett of Baker
Barrett Bolton Bowen of Toombs Brackin Chandler Cocke

Coker Conner Deen Dicus Duncan of Fannin Duncan of Carroll Fitzgerald Floyd Flynt Fowler of Treutlen Funk

Greene Hall of Lee Howard Hurst Jones of Liberty Jones of Lumpkin
Kelly Kidd Killian Kimmons Knight of Laurens

590

JOURNAL OF THE HOUSE,

Lane Lee of Clinch Mackay Massee McClelland McCracken McCutchen McGarity Melton Moore Mullis Murphy Pannell Parker of Screven

Parker of Ware Payton Pelham Phillips of Walton Pickard Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Sheffield Singer Smith of Fulton Smith of Whitfield

Stevens Tamplin Taylor or Dawson Taylor of Decatur Taylor of Bibb Undercofler Underwood of
Montgomery Wells of Peach White Wickham Wilkes Wilson Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 0.

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

HB 869. By Mr. Raulerson of Echols:
A Bill to be entitled an Act to amend Code Chapter 112-1, relating to weights and measures, so as to provide that it shall be lawful to sell corn and other grains on a one hundred weight basis; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Hall Arnsdorff Barber Barnett of Wilkes Baughman Black Blalock Boyett Bozeman Brantley Brooks of Fulton

Brown Budd Busbee Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Crawford Crowe

Culpepper Davis Been Dickey Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fleming Flexer

MONDAY, JANUARY 29, 1962

591

Flynt Fordham Fowler of Douglas Fuqua Harrell Henderson Hodges Hull Johnson Joiner Jones of Worth Jones of Sumter Jordan Keadle Keyton Killian Killings-worth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McCutchen

McDonald Milhollin Miller Mixon Moate Moorman Morgan Morris Murphy NeSmith Odom Otwell Paris1 Parker of Ware Parker of Appling Farmer Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Purcell
Rainey Raulerson Roberts Rodgers of Charlton Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons

Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham Steis Story Strickland Stuckey Tabb Teague Thornton Todd Tucker Twitty Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Williams of Coffee Willingham Wilson Woodward Young

Voting in the negative was Mr. Bynum.

Those not voting were Messrs.:

Adams Akins Andrews of Stephens Ballard Barnett of Baker Barrett Birdsong Boggs Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Oglethorpe Chandler Coker Conner

Cox Dicus Duncan of Carroll Fitzgerald Floyd Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Hill Horton Howard Hurst Jones of Liberty Jones of Lumpkin

Kelly Kidd Lane Langford Lee of Clinch Massee McClelland McCracken McGarity Melton
Moore Moss Mullis Pannell Parker of Screven
Payton Pelham

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Pickard Potts Rogers of Paulding Roper Sheffield Singer Smith of Pulton

Smith of Whitfield Stevens Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Underwood of Taylor

Wells of Peach Wickham Wilkes Williams of Hall Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 1.

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

HR 42-99. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Mary L. Scoggin, and for other purposes.

The following Committee amendment was read and adopted:
The Appropriations Committee amends HR 42-99 by striking and deleting therefrom wherever the same appears the figures "$7,500.00" and by substituting in lieu thereof the figures "$600.00.

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, as amended, the ayes were 168, nays 0.

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

HR 175-538. By Messrs. Hall of Floyd, and Crowe and Greene of Bartow: A Resolution to compensate H. S. Maham, Jr., and for other purposes.

The following Committee amendment was read and adopted:
The Appropriations Committee amends HR 175-538 by striking and deleting therefrom wherever the same appears the figures "$300.00" and by substituting in lieu thereof the figures "$198.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

MONDAY, JANUARY 29, 1962

593

On the adoption of the Resolution, as amended, the ayes were 168, nays 0.

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

HR 229-668. By Mr. Underwood of Taylor: A Resolution to compensate Lester B. Fallin, and for other purposes.

The following Committee amendment was read and adopted:
The Appropriations Committee amends HR 229-668 by striking and deleting therefrom wherever the same appears the figures "$983.61" and by substituting in lieu thereof the figures "$703.61".

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, as amended, the ayes were 168, nays 0.

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

HR 286-704. By Messrs. Duncan and Waldrop of Carroll:
A Resolution to compensate Albert G. Alien for damages his automobile received in a collision with a State Highway Department truck, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 343-735.By Mr. Barnett of Wilkes: A Resolution to compensate Carl S. Hopkins, and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the ayes were 168, nays 0.

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

HR 330-727. By Mr. Knight of Berrien: A Resolution to compensate Ralph Mathis, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 168, nays 0.

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

HR 354-741. By Mr. Ware of Troup: A Resolution to compensate Mr. M. A. Teal, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted:
HR 361-755. By Mr. Smith of Emanuel: A Resolution to compensate Derst Baking Company, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, JANUARY 29, 1962

595

On the adoption of the Resolution, the ayes were 168, nays 0.

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

Under the General Order of Business established by the Committee on Rules, the following Bills of the House were again taken up for consideration:

HB 732. By Messrs. Mackay of DeKalb and Fuqua of Richmond:
A Bill to be entitled an Act to provide for the "Uniform Commercial Code", and for other purposes.

The following Committee amendments were read and adopted:
The Committee on Banks and Banking moves to amend HB 732
"By striking therefrom the words "on December 31st, following its enactment." and substituting in lieu thereof the words "on April 1, 1963."
By striking the word "endorser" as it appears in Section 109A3--102 (1) (d) on page 65, and inserting in lieu thereof the word "indorser";
By striking the words "Imposters" as it appears on page 80 in the Code Tabulation following Section 109A-3--405, and inserting in lieu thereof the word "Imposters";
By striking the words "Imposters" as it appears in the title to Code Section 109A-3--405 on page 81, and inserting in lieu thereof the word "Imposters";
By striking the word "fradulent" as it appears in Section 109A3--407 (2) (a) on page 82, and inserting in lieu thereof the word "fraudulent";
By striking the word "neccessary" as it appears in Section 109A3--501 (1) (a) on page 88, and inserting in lieu thereof the word "necessary";
By removing the period at the end of the following sentence: "This subsection does not, however, result in the discharge of the liability." as it appears in Section 109A-3--603 (1) on page 96, so that said sen tence shall read as follows: "This subsection does not, however, result in the discharge of the liability";
By striking the word "safe" as it appears in Section 109A-3--801 (3) on page 99, and inserting in lieu thereof the word "same";

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By striking the word "cause" as it appears in Section 109A-7--204 (1) on page 141, and inserting in lieu thereof the word "caused";

By striking the word "interprise" as it appears in Section 109A8--201 (1) (a) on page 162, and inserting in lieu thereof the word "enterprise";

By striking that portion of Section 109A-10--103 beginning with the words "The provisions of the following chapters of the Georgia Code of 1933 as amended shall yield to and be superseded by any pro vision or provisions of this Act which conflict therewith:", p. 218, and ending with the words ". . . constituting Title 109A of the Code of Georgia, are substituted therefor.", on p. 219, and substituting in lieu thereof the following:

An Act entitled "Factors Liens" to create on the "merchandise" of "borrowers" a lien in favor of factors, approved February 22, 1957, Ga. Laws 1957, pp. 86 through 92;

Section 12--601--610, inclusive, respectively entitled; Definitions. Necessity of delivery; Property in goods pawned. Effect of death of party; Pledgee of notes as bona fide holder; Use of goods pawned; Diligence of pawnee; Increase; Necessary expenses; profits; Transfer of thing pawned; Sale by pawnee; Sale under execution; of Title 12 of the Code of Georgia of 1933;

An Act to regulate the assignment of accounts receivable; . . . approved February 15, 1952, Ga. Laws 1952, pp. 225 through 229, ex cept Section 9 thereof;

Section 29--405-- Registrable instruments must be attested or acknowledged; of the Code of Georgia of 1933 is hereby amended to add at the end thereof: "Provided this section shall not apply to trans actions covered by Title 109 A, Article 9, Uniform Commercial Code;"

Section 29-409--If executed outside of this State; of the Code of Georgia of 1933, as amended by an Act to amend Section 29--409 of the Code of Georgia of 1933, approved February 19, 1951, Ga. Laws 1951, pp. 261 through 263, is hereby amended to add at the end thereof: "Provided this section shall not apply to transactions covered by Title 109 A, Article 9, Uniform Commercial Code;"

Section 29--413--Record of deeds and bills of sale to personalty; of the Code of Georgia of 1933 is hereby amended to add at the end thereof; "Provided this section shall not apply to transactions covered by Title 109 A, Article 9, Uniform Commercial Code"; are hereby repealed in their entirety, or amended in the manner indi cated, and the foregoing provisions of the Uniform Commercial Code, constituting Title 109 A of the Code of Georgia, are submitted therefor.

The provisions of the following chapters of the Georgia Code of 1933 as amended shall yield to and be superseded by any provision or provisions of this Act which conflict therewith:

MONDAY, JANUARY 29, 1962

597

Chapter 67-1--Mortgages in General. General Principles.
Chapter 67-11--Mortgages and Bills of Sale Covering Crops. In General.
Chapter 67-13--Conveyances to Secure Debt.
Chapter 67-14--Conditional Sales

Notwithstanding anything to the contrary stated in any of the following chapters of the Georgia Code of 1933 as amended, the reme dies provided by such chapters shall not restrict the remedies otherwise available to a secured party under this Act, but all such remedies shall be cumulatively available in accordance with their respective terms to a secured party under this Act:
Chapter 67-6.--Foreclosure in Equity.
Chapter 67-7.--Application to Foreclose.
Chapter 67-8.--Defenses to Foreclosure of Mortgages on Per sonalty.
Chapter 67-9.--Foreclosure of Mortgages on Personalty in Justices' Courts.
Chapter 67-10.--Foreclosure of Mortgages on Personalty Before Debt Becomes Due.
Chapter 67-16.--Foreclosure of Bill of Sale to Secure Debt and Conditional Sales Contracts.

Secton 67-1107.--"Crops" and "growing crops" defined; of the Code of Georgia of 1933, as amended by an Act to provide that the planting, cultivation, harvesting and marketing of trees shall be considered an agricultural pursuit under the laws of Georgia, approved February 22, 1939, Ga. Laws 1939, pp. 240-241, is amended by deleting therein the words "bills of sale, mortgages and liens to secure debt" and substituting therefor the words "security agreement with respect to personal prop erty".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall

Arnsdorff Ballard Barber Baughman Birdsong

Black Blalock Boggs Bolton Bowen of Randolph

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Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Fulton Brown Budd Busbee Bynum Chance Clarke of Monroe Cloer Cocke Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Doster Duncan of Fannin Dunn Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fuqua Greene Hall of Lee Hall of Floyd Henderson Hill Hodges Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth

Jones of Lumpkin Jordan Keadle Keyton Killian Killingsworth King
Knight of Laurens Knight of Berrien Langford Lee of Clinch
Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham

Phillips of Columbia Phillips of Bibb Poole Purcell Eainey Roberts Rodgers of Charlton Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Caldwell Echols Kelly Kirkland

Moss Murphy Farmer Phillips of Walton

Raulerson Ross Rowland

MONDAY, JANUARY 29, 1962

599

Those not voting were Messrs.:

Barnett of Wilkes Barnett of Baker Barrett Brooks of Oglethorpe Chandler Clark of Catoosa Coker Collins Conner Cox Dorminy Duncan of Carroll Fitzgerald Fowler of Treutlen

Funk Hale Harrell Howard Jones of Sumter Kidd Kimmons Lane Melton Mullis Pickard Potts Rogers of Paulding Roper

Scarborough Singer Strickland Taylor of Decatur Teague Todd Undercofler Walker of Telfair Watson White Wickham Wilkes Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 11.

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

Mr. Cox of Clarke stated that he was absent from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 732.

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia of 1933, relating to Workmen's Compensation, and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend the Workmen's Compensation Law of Georgia by amending Georgia Code Section 114-102 so as to exclude certain cardiac and circulatory failures and related matters from the definition of injury; by amending Georgia Code Section 114-106 by add ing language so as to approve and make final and binding certain existing practices concerning the settlement of claims; by amending Georgia Code Section 114-107 to change the figure "10" therein to the figure "8"; by amending Georgia Code Sections 114-303 and 114-304 to redefine the agents of employers to whom notices of accidents shall be given; by amending Georgia Code Section 114-305 to extend the time for filing claims in cases of continuous medical treatment; by amend ing Georgia Code Section 114-401 so as to provide compensation during the first seven (7) days of incapacity when incapacity is continuous for twenty-eight (28) days; by completely revising Georgia Code Sec-

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tion 114-403 with regard to subrogation; by amending Georgia Code Sections 114-404 and 114-405 so as to increase the amounts and dura tions of compensation; by amending Georgia Code Section 114-406 to provide for the suspension of compensation in certain cases until maxi mum improvement is reached; by amending Georgia Code Section 114-408 by reducing the limitation on compensation contained in such Section; by amending Georgia Code Section 114-410 so as to conform with the amendments to Georgia Code Section 114-404; by adding a new Section, to be called Georgia Code Section 114-410A, to provide that employers and carriers shall be reimbursed from a special fund for compensation paid in certain cases, so as to encourage the employ ment of handicapped employees; by adding a new Section, to be called Georgia Code Section 114-410B, to encourage the rehabilitation of employees; by amending Georgia Code Section 114-412 to prohibit compensation for the aggravation of pre-existing hernia; by amending Georgia Code Section 114-413 to increase burial benefits, to limit maxi mum compensation and to conform with the amendments made to Geor gia Code Section 114-404; to amend Georgia Code Section 114-417, so as to avoid lump sum settlements in cases where there may be a future change of condition; by amending Georgia Code Section 114-501 to increase the maximum amount payable for medical treatment; by adding a new section, to be called Georgia Code Section 114-706A, so as to expedite hearings and awards; by amending Georgia Code Section 114-707 to provide that all awards must be based on probative, com petent, and substantial evidence; by amending Georgia Code Section 114-710 to re-define in part, the causes for which a Board order may be set aside; by amending Georgia Code Section 114-716 to provide that records of the Board as to previous awards to employees shall be available to employers and carriers; by adding a new Section, to be called Georgia Code Section 114-720, to provide for a special fund; by adding a new Section, to be called Georgia Code Section 114-721, to provide for the establishment of a statistical unit by the Board; to provide for the effective date of this law; to repeal all conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Georgia Code Section 114-102, defining "injury" and "personal injury", is amended by adding at the end thereof the following language; "nor shall "injury" and "personal injury" or "injury by accident" in clude heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, cerebral hemorrhage or thrombosis, resulting from or during the performance of work generally found in the type of employment in which the employee is engaged, unless it appears from the preponderance of competent and credible evidence that ex ertion of the employee or activity arising out of and in the course of employment was more excessive or more strenuous than that usually and regularly occurring in the course of the type of work in which the employee is engaged and was the cause which precipitated the disability or death; except and provided, however, that where the usual work of employment requires the regular and consistent performance of heavy and strenuous physical labor and the performance of such labor is

MONDAY, JANUARY 29, 1962

601

the cause which precipitates the disability or death, such disability or death shall be compensable as an injury by accident.", so that Code Section 114-102 as amended shall read as follows:

"114-102. "Injury" and "personal injury" defined.--"Injury" and "personal injury" shall mean only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided, include a disease in any form where it results naturally and unavoidably from the accident, nor shall "injury" and "personal injury" include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee, nor shall "injury" and "personal injury" or "injury by accident" include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, cerebral hemorrhage or thrombosis, resulting from or during the perform ance of work generally found in the type of employment in which the employee is engaged, unless it appears from the preponderance of competent and credible evidence that exertion of the employee or activity arising out of and in the course of employment was more excessive or more strenuous than that usually and regularly occurring in the course of the type of work in which the employee is engaged and was the cause which precipitated the disability or death; except and provided, however, that where the usual work of employment requires the regular and consistent performance of heavy and strenuous physical labor and the performance of such labor is the cause which precipitates the disability or death, such disability or death shall be compensable as an injury by accident."

SECTION 2

Georgia Code Section 114-106 with reference to the encouragement of settlements, is amended by adding at the end thereof, the following language: "Whenever it shall appear to the Board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right or lack of right of the employee or dependent to recover compensation, or the amount of compensation which would be recovered, or that there is a genuine dispute as to the applicability of the Act, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts, or to the questions as to the applicability of the Act, then upon such determination, the Board shall approve such settlement and enter an award conforming to the terms of such settlement, even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover com pensation.

"Where an employee is totally and permanently incapacitated and such total and permanent incapacity is partially due to injuries arising out of and in the course of his employment and partially due to other unrelated causes, and where the parties enter into a settlement agree ment as to the payment of compensation which the Board finds to agree to pay compensation in accordance with the law for the incapacity resulting from injuries arising out of and in the course of employment

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the Board may approve such settlement and the award based thereupon shall be final and binding and shall not be subject to review under Code Section 114-709.", so that Code Section 114-106, when so amended, shall read as follows:
"114-106. Settlements encouraged.--Nothing herein contained shall be construed so as to prevent settlements made by and between the employee and employer, but rather to encourage them so long as the amount of compensation and the time and manner of pay ment are in accordance with the provisions of this Title. A copy of any such settlement agreement shall be filed by the employer with the State Board of Workmen's Compensation, and no such settlement shall be binding until approved by the Board. Whenever it shall appear to the Board, by stipulation of the parties or other wise, that there is a bona fide dispute as to facts, the determination of which shall materially affect the right or lack of right of the employee or dependent to recover compensation, or the amount of compensation which would be recovered, or that there is a genuine dispute as to the applicability of the Act, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts, or to the questions as to the applicability of the Act, then upon such determination, the Board shall approve such settlement and enter an award con forming to the terms of such settlement, even though such settle ment may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation.
"Where an employee is totally and permanently incapacitated and such total and permanent incapacity is partially due to injuries arising out of and in the course of his employment and partially due to other unrelated causes, and where the parties enter into a settlement agreement as to the payment of compensation which the Board finds to agree to pay compensation in accordance with the law for the incapacity resulting from injuries arising out of and in the course of employment, the Board may approve such settlement and the award bases thereupon shall be final and binding and shall not be subject to review under Code Section 114-709."

SECTION 3

Georgia Code Section 114-107 is amended by striking therefrom the figure "10" and inserting in lieu thereof the figure "8", so that Code Section 114-107, when so amended, shall read as follows:

"114-107. Employers and employees to whom law inapplicable; intrastate common carriers, farm laborers, domestic servants, public charities, and others.--This Title shall not apply to common carriers, the motive power of which is steam and which are engaged in intrastate trade or commerce, nor shall this Title be construed to lessen the liability of such common carriers or take away or dimin ish any right that any employee, or in case of his death, the per sonal representative of such employee, of such common carrier, may have under the laws of this State; nor to employees whose

MONDAY, JANUARY 29, 1962

603

employment is not in the usual course of trade, business, occupa tion or profession of the employer or not incidental thereto; nor to farm laborers or domestic servants; nor to employees of insti tutions maintained and operated as public charities; nor to em ployers of such employees; nor to any persons, firm, or private corporation, including any public service corporation, that has regu larly in service less than 8 employees in the same business within this State, unless such employees and their employers voluntarily elect to be bound."
SECTION 4

Georgia Code Section 114-303, with reference to notice of accidents, is amended by striking therefrom wherever the same appears therein, the words "agent, representative, or foreman", and inserting in lieu thereof in each such place, the words "supervisory agent, the employer's medical dispensary personnel, or foreman", so that Code Section 114-303, as so amended, shall read as follows:
"114-303. Notice of accident.--Every injured employee or his representative shall, immediately on the occurrence of any accident, or as soon thereafter as practicable, give or cause to be given to the employer, his supervisory agent, the employer's medical dis pensary personnel, or foreman, or the immediate superior of the injured employee, a notice of the accident. This notice shall be given by the employee either in person or by his representative, and until such notice is given the employee shall not be entitled to any physicians' fees nor to any compensation which may have accrued under the terms of this law prior to the giving of such notice. In the event a notice has not been given within 30 days after the accident, in person either by the employee or his repre sentative, to the employer, his supervisory agent, the employer's medical dispensary personnel, or foreman, or to the immediate superior of the injured employee, a written notice must be given. This written notice will not be required where an injured employee or his representative has given notice in person to the employer, his supervisory agent, the employer's medical dispensary personnel, or foreman, or to the immediate superior of the injured employee. No compensation will be payable unless such notice, either oral or written, is given within 30 days after the occurrence of an accident or within 30 days after death resulting from an accident unless it can be shown that the employee had been prevented from doing so by reason of physical or mental incapacity, or by fraud or deceit, or that the employer, his supervisory agent, the employer's medical dispensary personnel, or foreman, or the immediate superior of the injured employee, had knowledge of the accident, or unless a reasonable excuse is made to the satisfaction of the State Board of Workmen's Compensation for not giving such notice, and it is reasonably proved to the satisfaction of the Board that the em ployer had not been prejudiced thereby."

SECTION 5

Georgia Code Section 114-304, is amended by striking from the last sentence of said section, the word "agent, representative" and in-

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serting in lieu thereof the words "supervisory agent, the employer's medical dispensary personnel,", so that Code Section 114-304, as amend ed, shall read as follows:

"114-304. Contents of and manner of giving notice.--The writ ten notice provided for in the foregoing section shall state in ordi
nary language the name and address of the employee, the time, place, nature and cause of the accident and of the resulting injury or death, and shall be signed by the employee or by a person in his behalf, or, in the event of his death, by any one or more of his dependents or by a person in their behalf. No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interest was prejudiced thereby, and then only to the extent of the prejudice. Said notice shall be given personally to the employer, his supervisory agent, the employer's medical dis pensary personnel, or foreman, or to the immediate superior of the injured employee, or may be sent by registered letter addressed to the employer at his last known residence or place of business."

SECTION 6
Georgia Code Section 114-305, with reference to the time of filing claim, is amended by striking the word "and" where it first appears in said Section, and inserting in the place thereof the following language: "or for a period not to exceed two years from the date of accident pro vided medical treatment by a physician authorized by the employer began within one year after the date of injury and continued beyond the expiration of such first year; or", so that Code Section 114-305, as amended, shall read as follows:
"114-305. Time of Filing Claim.--The right to compensation under this Title shall be forever barred unless a claim is filed with the State Board of Workmen's Compensation within one year after the date, or for a period not to exceed two years from the date of accident provided medical treatment by a physician author ized by the employer began within one year after the date of injury and continued beyond the expiration of such first year; or if death results from the accident, unless a claim therefor is filed with the Board within one year thereafter; except that if a claim ant proceeds in good faith against a corporation, the charter of which has expired, but which is still doing business, he shall have the right to then proceed against the person or persons operating under the corporate name, and the one-year limit shall not apply."

SECTION 7
Georgia Code Section 114-401, with reference to the waiting period, is amended by adding at the end thereof, the following language: "and except that, if a period of incapacity resulting from an injury is con tinuous and extends beyond twenty-eight consecutive days of incapacity, then compensation shall be paid for such first seven calendar days of incapacity.", so that Code Section 114-401, as so amended, shall read as follows:

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605

"114-401. Period of Incapacity.--No compensation shall be al lowed for the first seven calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits provided for in Section 114-501; and except that, if a period of incapacity resulting from an injury is continuous and extends be yond twenty-eight consecutive days of incapacity, then compensa tion shall be paid for such first seven calendar days of incapacity."

SECTION 8
Georgia Code Section 114-403 is stricken and a new Section is en acted in lieu thereof, so that Code Section 114-403, as amended shall be as follows:
"114-403. Subrogation.--Whenever any person is called upon to pay compensation, medical expenses and/or funeral expenses on account of injury or death compensable under this Act, and such person contends that a person or persons other than the employer is liable to pay damages, on account of such injury or death, to the injured employee or those entitled to recover for the employee's death, such person called upon to make such payment may give written notice to the persons contended to be so liable and to the injured employee or those entitled to recover on account of his death of such contention and of the fact that the person giving notice is required to make such payment. Upon giving such written notice, the person called upon to make such payment shall be subrogated, to the extent of the compensation, medical expenses and/or funeral expenses payable, to all rights arising out of the injury or death which the injured employee or those entitled to recover on account of his death shall have against such notified persons, and shall have a lien therefor against any recovery made by the injured employee or by those entitled to recover on account of the employee's death against any of the persons so notified.
"After such notice shall have been given, no settlement, re lease, covenant not to sue, or other agreement between any of the persons so notified shall be effective to prejudice the right of the person giving notice to bring an action in the name of the person giving notice or in the name of the person or persons entitled to receive compensation against any of the other persons so notified to recover the amount of compensation, medical payments, and/or funeral expenses payable on account of such injury or death unless such agreement includes as a party thereto the person giving such notice. The payment by any person so notified of any of any sum to the injured employee or to those entitled to recover on account of his death in compromise or settlement of such person's liability on account of such injury or death without the agreement of the person giving such notice shall raise a presumption that the person making such payment is liable to the person called upon to pay compensation, medical expenses or funeral expenses to the extent of such compensation, medical expenses or funeral expenses.
"If such person called upon to pay such compensation or ex penses gives the notice referred to herein within 20 days after the

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occurrence of the incident causing the injury or death, then the same shall be effective as of the time of the occurrence of such incident, as though given immediately after such occurrence.
"In any action brought by the injured employee or those entitled to recover on account of his death against the person or persons so notified, the person giving such notice shall have the right to intervene, set up the fact of its liability to pay compensation, medi cal expenses and/or funeral expenses, the extent of such liability and the fact of giving such notice, and such intervention shall be effective to prevent dismissal of such action without the consent of such intervenor.

"If the injured employee or those entitled to recover on ac count of the death of such employee do not commence an action against the person or persons so notified within six months after the date of the giving of such notice, the person who has given the notice shall be entitled to commence an action in such person's own name or in the name of the employee or those entitled to recover on account of his death against any or all of the persons so notified to recover all sums recoverable on account of the said injury or death; provided, however, that any sums recovered in such action above and in excess of the amount of compensation, medical expenses and/or funeral expenses payable and all costs incurred in the prosecution of such action, shall be recovered for the injured employee or those entitled to recover on account of his death. No costs of prosecution shall be deducted until approved by the court in which such action is prosecuted."

SECTION 9
Georgia Code Section 114-404, relating to total incapacity, is amend ed by changing the figure "30" to "35", the figure "400" to "425", and the figure "10,000" to "12,500", so that Code Section 114-404, as amend ed, shall read as follows:

"114-404. Total incapacity; limit of compensation.--When the incapacity to work resulting from an injury is total, the employer shall pay or cause to be paid, as hereinafter provided for, to the employee during such total incapacity a weekly compensation equal to 60 per cent, of his average wages, but not more than $35 per week nor less than $10 per week, except when the weekly wage is below $10, then the regular wages on the date of the accident shall be the weekly amount paid, and in no case shall the period covered by such compensation be greater than 425 weeks, nor shall the total amount of compensation exceed $12,500."

SECTION 10
Georgia Code Section 114-405, relating to partial incapacity, is amended by changing the figure "20" to "25", the figure "350" to "375", and the figure "6,000" to "7,250", so that Code Section 114-405, as amended, shall read as follows:

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"114-405. Partial incapacity; limit of compensation.--Except as otherwise provided in the next section hereafter, where the incapacity for work resulting from the injury is partial, the em ployer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity, a weekly compensa tion equal to 60 per cent, of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than $25 a week, and in no case shall the period covered by such compensation be greater than 375 weeks from the date of injury. In case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity. The total compensation payable shall in no case exceed $7,250."

SECTION 11
Georgia Code Section 114-406, relating to compensation for sched uled handicaps, is amended by adding a new sub-section, to be desig nated "(t)" as follows: "(t) When the loss of use of a member or loss of vision of an eye shall be partial and the injured employee returns to gainful employment at a wage equal to or greater than his average wage at or before the time of injury, payment of all compensation for such partial loss of use of such member or the partial loss of vision of an eye shall thereupon be suspended until he shall reach maximum improvement in condition, at which time he shall be paid compensation for the remainder of the period specified above on the basis of his condition after maximum improvement has been attained, the weeks between such suspension of payment of compensation and the reaching of maximum improvement not to be deducted from the total number of weeks for which compensation is payable on the basis of his condition after maximum improvement has been attained.", so that Code Section 114-406, as amended shall read as follows:
"114-406. Compensation for injuries.--In the cases included by the following schedule the permanent partial industrial handicap in each case shall be compensated by payments for the period speci fied, and the compensation so paid for such handicap shall be as specified therein and shall be in lieu of all other compensation for the permanent partial handicap. In addition to the compensation provided in the schedule for permanent partial handicap, compen sation for total incapacity for work, as provided in section 114-404, shall be paid, but compensation for total incapacity for work shall in no case be paid for a period longer than 10 weeks.
"(a) Loss of a thumb, 60 per centum of the average weekly wages during 60 weeks.
"(b) Loss of a first finger, commonly called the index finger, 60 per centum of the average weekly wages during 40 weeks.
"(c) Loss of a second finger, 60 per centum of the average weekly wages during 35 weeks.

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"(d) Loss of a third finger, 60 per centum of the average weekly wages during 30 weeks.

"(e) Loss of a fourth finger, commonly called the little finger, 60 per centum of the average weekly wages during 25 weeks.

"(f) Loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half of such thumb or finger, and the compensation shall be for one-half of the period of time above specified.

"(g) Loss of more than one phalange shall be considered the loss of the entire finger or thumb: Provided, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

"(h) Loss of a great toe, 60 per centum of the average weekly wages during 30 weeks.

"(i) Loss of one of the toes other than a great toe, 60 per centum of the average weekly wages during 20 weeks.

"(j) Loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and the compensation shall be for one-half of the periods of time above specified.

"(k) Loss of more than one phalange shall be considered as the loss of the entire toe.

"(1) Loss of a hand, 60 per centum of the average weekly wages during 150 weeks.

"(m) Loss of an arm, 60 per centum of the average weekly wages during 200 weeks.

"( n ) Loss of a foot, 60 per centum of the average weekly wages during 125 weeks.

"(o) Loss of a leg, 60 per centum of average weekly wages during 225 weeks.

"(p) Loss of an eye, 60 per centum of the average weekly wages during 125 weeks.

"(q) Complete loss of hearing in both ears, 60 per centum of average weekly wages during 150 weeks.
"(r) Complete loss of hearing in one ear, 60 per centum of the average weekly wages during 50 weeks.
"(s) Total loss of use of a member or loss of vision of an eye shall be considered as equivalent to the loss of such member

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or eye. The compensation for partial loss of, or for partial loss of use of, a member or, for partial loss of vision of an eye, shall be such proportion of the payments above provided for total loss as such partial loss bears to total loss. Loss of both arms, hands, legs, or feet, or any two of these members, or the permanent total loss of vision in both eyes, shall be deemed permanent total in capacity and shall be compensated under Section 114-404.

"(t) When the loss of use of a member or loss of vision of an eye shall be partial and the injured employee returns to gainful employment at a wage equal to or greater than his average wage at or before the time of injury, payment of all compensation for such partial loss of use of such member or the partial loss of vision of an eye shall thereupon be suspended until he shall reach maximum improvement in condition, at which time he" shall be paid compensation for the remainder of the period specified above on the basis of his condition after maximum improvement has been attained, the weeks between such suspension of payment of com pensation and the reaching of maximum improvement not to be deducted from the total number of weeks for which compensation is payable on the basis of his condition after maximum improvement has been attained.

"The weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and mini mum as set out in Section 114-404."

SECTION 12

Georgia Code Section 114-408, relating to second injury, is amended by striking from the end thereof, the language "he shall be entitled to compensation only for the degree of incapacity which would have re sulted from the later accident if the earlier disability or injury has not existed", and inserting in lieu thereof the following language: "the compensation provided in Section 114-406 for the pre-existing disability, irrespective of whether compensation was paid to claimant therefor, shall be subtracted from the compensation due, such subtraction to be made from the end of the period for which compensation is payable", so that Code Section 114-408, as amended, shall read as follows:

"114-408. Second injury.--If an employee who suffers an in jury in his employment has a permanent disability or has sustained a permanent injury, such as specified in Section 114-406, suffered elsewhere, the compensation provided in Section 114-406 for the pre-existing disability, irrespective of whether compensation was, paid to claimant therefor, shall be subtracted from the compensa tion due, such subtraction to be made from the end of the period; for which compensation is payable."

SECTION 13.

Georgia Code Section 114-410 is amended by striking therefrom the figure and word "350 weeks", and inserting in lieu thereof the language, "in duration or amount the maximum compensation allow-

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able under Section 114-404", so that Code Section 114-410, as amended, shall read as follows:

"114-410. Two permanent injuries.--If an employee receives a permanent injury as specified in Section 114-406, after having sus tained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total com pensation shall be paid by extending the period and not by increas ing the amount of weekly compensation, and in no case exceeding in duration or amount the maximum compensation allowable under Section 114-404. When the previous and subsequent permanent injuries received in the same employment result in total disability, compensation shall be payable for permanent total disability but payments made for the previous injury shall be deducted from the total payment of compensation due."

SECTION 14
m
By enacting a new Section, to be called Georgia Code Section 11441OA, which Section shall read as follows:
"114-410A. Compensation paid for second and subsequent in juries refunded from special fund. --
"(a) It is the purpose of this Section to encourage and facili tate the continued employment and the procurement of employment by employees suffering from permanent physical disabilities and defects and the benefits of this Section shall be available to all employers who employ such employees. This Section shall not be construed to provide in any respect for the compensation of em ployees or dependents, but is intended to provide in certain cases for the reimbursement to employers of compensation paid to employees, or dependents, under other sections of this Act. Employers shall be reimbursed, as hereinafter provided, in cases in which Sections 114-408 and 114-410 are applicable, in all cases in which there is a pre-existing disease, such as, but not limited to, atherosclerosis, arteriosclerosis, epilepsy, or diabetes which contributes to the dis ability and in all other cases to which the provisions hereinafter made are applicable.
"(b) Whenever an employer is required to pay weekly com pensation benefits under other sections of this Act, which compen sation was awarded for disability or death which would not have occurred except for a pre-existing permanent physical disability or defect or was awarded for disability which was increased be cause of a pre-existing permanent physical disability or defect, the employer shall pay such award but shall be reimbursed from the special fund provided by Section 114-720 for all weekly compensa tion paid in excess of 52 weeks. Nothing contained in this provi sion shall be construed to create any additional liability of any nature for the payment of benefits to employees or their dependents which is not provided by other sections of this Act.
"(c) An employee who has previously been awarded compen sation for permanent total incapacity under this Act shall not again

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be compensated under Section 114-404 for total incapacity or under Section 114-405 for partial incapacity, unless such employee has been rehabilitated and is gainfully engaged in a new and different trade, craft or pursuit. When an employee has been so rehabilitated, any employer or carrier who is thereafter required to pay compen sation to such employee under such Sections shall be reimbursed from the special fund created by Section 114-720 for all compen sation paid to the employee or his dependents.

"(d) At any time after an award made to an employee or to dependents has become final, the employer or carrier liable to pay the award may apply to the State Board of Workmen's Compen sation for an award establishing its right to a refund under this Section. All such claims shall be filed not later than the last day upon which application based upon change of condition can be filed under Section 114-709.

"No issue as to the claim of an employer or carrier for a refund under this Section shall be litigated in a claim filed by an employee or dependent; and no right to a refund under this Section shall create a liability or a defense in a claim filed by an employee or dependent for compensation under some other section of this Act.

"Nothing in this Section shall be construed to deprive an em ployer or carrier of the right to make any defense which it may have to a claim filed by an employee or dependent. No determi nation made in a claim by an employee or dependent shall be res judicata or determinative of the rights of an employer or carrier to a refund under this Section; nor shall an employer or carrier be prevented from asserting or reasserting in a claim under this Section a contention which was made, or could have been made, as a defense to an employee's or dependent's claim for compensation under some other section of this Act.

"(e) The entitlement of an employer or carrier to a refund under this Section shall be decided by the Board upon legally com petent evidence, the burden for the production of which rests upon the employer or carrier. Transcripts of hearings and depositions taken in a claim by an employee or dependent shall be legally com petent evidence in a claim by an employer under this Section in the same case.

"The decision of the Board may be made with or without formal hearing, except that any employer or carrier shall be entitled to a formal hearing upon request therefor. Appeals from awards of the Board made under this Section may be made in the same manner as appeals from other awards of the Board.

SECTION 15

By adding a new Section, to be called Georgia Code Section 11441 OB, which new Section shall be as follows:

"114-410B. Vocational Rehabilitation. -- The State Board of

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Workmen's Compensation shall recommend to all claimants in need of vocational rehabilitation that they contact the appropriate voca tional rehabilitation office of the Georgia Department of Education. The Board shall furnish monthly to the Vocational Rehabilitation Division of the Georgia Department of Education a list of the names and addresses of employees who have sustained injuries re sulting in permanent disabilities or handicaps who may be in need of vocational rehabilitation."

SECTION 16

By amending Georgia Code Section 114-412, relating to hernia, by adding at the end thereof the following language: "No compensation shall be payable for the aggravation or strangulation of a pre-existing hernia caused by, contributed to by or occurring during the performance by the employee of the ordinary work of his employment in the custo mary manner, without the happening of any external mishap involving a blow to the abdominal wall or severe and unusual strain.", so that Section 114-412 as amended, shall read as follows:

"114-412. Compensation for hernia or for death therefrom.-- In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employ ment it must be definitely proved to the satisfaction of the State Board of Workmen's Compensation: First, that there was an injury resulting in hernia; second, that the hernia appeared suddenly; third, that it was accompanied by pain; fourth, that the hernia immediately followed an accident; fifth, that the hernia did not exist prior to the accident for which compensation is claimed. All hernia, inguinal, femoral, or otherwise, so proved to be the result of an injury by accident arising out of and in the course of the employed, shall be treated in a surgical manner by radical opera tion. If death results from such operation, the death shall be con sidered as a result of the injury, and compensation paid in ac cordance with the provision of Section 114-413. In nonfatal cases, time loss only shall be paid unless it is shown by special examina tion, as provided in Section 114-503, that the injured employee has a permanent partial disability resulting after the operation. If so, compensation shall be paid in accordance with the provisions of Section 114-405 with reference to partial disability. In case the injured employee refuses to undergo the radical operation for the cure of said hernia, no compensation shall be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease or is otherwise in such physical condition that the Board considers it unsafe for the employee to undergo said operation, the employee shall be paid as provided in Section 114-405. No compensation shall be payable for the aggra vation or strangulation of a pre-existing hernia caused by, con tributed to by or occurring during the performance by the employee of the ordinary work of his employment in the customary manner, without the happening of any external mishap involving a blow to the abdominal wall or severe and unusual strain."
SECTION 17
Georgia Code Section 114-413, relating to death benefits, is amended

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613

by changing the figure "350" in sub-paragraph (a) to the figure "750"; by adding the word "weekly" after the words "85 per cent, of the" in sub-paragraph (b); by changing the figure "400" in sub-paragraph (b) to the figure "425" and by adding at the end of sub-paragraph (b) the language: "In no event shall the total compensation hereunder exceed $12,500"; by changing the words "Section 114-404" wherever used in sub-paragraph (d) to the words "any other section of this law except Section 114-501"; by striking the words "maximum of 400 weeks" from sub-paragraph (d) and inserting in lieu thereof, the words "pay ments"; and by striking the figure "400" where last used in sub-para graph (d) and inserting in lieu thereof the figure "425"; so that Section 114-413 as amended, shall read as follows:

"114-413. Death from causes other than injury; death result
ing from injury; expenses of last sickness and funeral; dependents. --When an employee is entitled to compensation under this Title for an injury received, and death ensues from any cause not re sulting from the injury for which he was entitled the compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate.

If death results instantly from an accident arising out of and in the course of employment, or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this Title shall be as follows:

"(a) The employer shall, in addition to any other compensa tion, pay the reasonable expenses of the employee's last sickness
and burial expenses, not to exceed $750.00. If the employee leaves no dependents, this shall be the only compensation.

"(b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to eighty-five (85%) per cent of the weekly compensation which is provided for in Sec tion 114-404 for total disability for a period not exceeding 425 weeks from date of injury. In no event shall the total compensation payable hereunder exceed $12,500.
"(c) If the employee leaves dependents only partially depend ent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury.
"(d) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments, but the number of weekly payments made to the injured employee under any other section of this law except Section 114-501, shall be subtracted from the payments provided by this Section so that the duration of payments made to the dependents under this Section, plus the weekly pay ments made to the injured employee under any other section of this

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law except Section 114-501, shall not exceed a total of 425 weeks from the date of the injury, and in no case shall payments be made to dependents except during dependency.

"(e) If the employee does not leave dependents, citiezns of or residing at the time of the accident in the United States or Domin ion of Canada, the amount of compensation shall not in any case exceed $1,000.

"The compensation provided for in this section shall be payable only to dependents and only during dependency.

SECTION 18
Georgia Code Section 114-417, relating to lump sum settlements, is amended by adding at the end thereof the following language: "pro vided further that, except with the consent of all parties, no such lump sum payment shall be ordered in any such case in which the Board finds from the evidence that there may be a future change of condition in respect to the disability for which the compensation is payable or as to the duration of the period during which compensation shall be payable.
Where lump sum settlement has been awarded after hearing by the Board, over the objection of an employer or carrier, no change in the amount of compensation shall be awarded under Section 114-709 unless the applicant for such modification shall show by clear and convincing proof that a change of condition has in fact occurred." so that Section 114-417 as amended, shall read as follows:
"114-417. Payment in lump sum.--Whenever any weekly pay ment has been continued for not less than 26 weeks, the liability therefor may, when the State Board of Workmen's Compensation deem it to be to the best interest of the employee or his dependents, or where it will prevent undue hardship on the employer or his insurance carrier, without prejudicing the interests of the employee or his dependents, be redeemed in whole or in part, by the payment by the employer of a lump sum which shall be fixed by the Board, but in no case to exceed the commutable value of the future install ments which may be due under this law; Provided, that the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, reduced to their present value upon the basis of the interest calculated at five per cent per annum; provided further that, except with the consent of all parties, no such lump sum payment shall be ordered in any such case in which the Board finds from the evidence that there may be a future change of condition in respect to the disability for which the com pensation is payable or as to the duration of the period during which compensation shall be payable.
"Where lump sum settlement has been awarded after hearing by the Board, over the objection of an employer or carrier, no change in the amount of compensation, shall be awarded under Section 114-709 unless the applicant for such modification shall show by clear and convincing proof that a change of condition has in fact occurred."

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615

SECTION 19
Georgia Code Section 114-501, relating to medical treatment, is amended by striking the figure "1125" and inserting in lieu thereof the figure "2000"; by striking the figure "375" and inserting in lieu thereof the figure "500"; and by adding after the words "period of disability" in the first paragraph thereof, the words "or increase the liklihood of rehabilitation", so that Code Section 114-501, as amended, shall read as follows:
"114-501. Medical and other treatment; artificial members; af fect of refusal to accept.--Medical, surgical, hospital, and other treatment in amount not to exceed $2,000, including medical and surgical supplies as may reasonably be required, for the period not exceeding 10 weeks from date of injury to effect a cure or give relief and for such additional time, and for such additional amount not exceeding $500 additional, as in the judgment of the Board will tend to lessen the period of disability, or increase the likelihood of rehabilitation, and in addition thereto such original artificial mem bers as may be reasonably necessary at the end of the healing period shall be provided by the employer. In case of a controversy arising between the employer and the employee relative to the con tinuance of medical, surgical, hospital, or other treatment, the State Board of Workmen's Compensation may order such further treatments as may in the discretion of the Board be necessary, within the limits of time and amount as set forth above.
"The Board may at any time upon request of an employee order a change of physician or treatment and designate other treatment or another physician as suggested by the injured em ployee subject to the approval of the Board, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as hereinbefore provided in this section for medical and surgical treatment and attendance.
"The refusal of the employee to accept any medical, hospital, surgical, or other treatment when ordered by the State Board of Workmen's Compensation shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opinion of the State Board of Workmen's Compensation the cir cumstances justify the refusal, in which case, the State Board of Workmen's Compensation may order a change in the medical or hospital service.
"If in an emergency an account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service, within the limits of time and amount set forth above, shall be paid by the employer if so ordered by the State Board of Workmen's Compensation."

SECTION 20
By adding a new Section, to be called Georgia Code Section 114706A, which Section shall be as follows:

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"114-706A. Scheduling of hearings.--Immediately upon receipt of a request for hearing the Board shall schedule a hearing to be held within thirty (30) days after the filing of such request; pro vided that such hearing may be continued for good cause or upon agreement of the parties.

"Except for good cause shown, the record of every hearing shall be closed within thirty (30) days following the close of the hearing and the Board or the Director shall issue its decision within sixty (60) days after the record is closed."

SECTION 21

Georgia Code Section 114-707 is amended by adding at the end thereof the following language: "No award of compensation shall be made which is not based upon probative, competent and substantial evidence.", so that Section 114-707, as amended, shall read as follows:

"114-707. Conduct of hearings; award and statement of find ings.--The members or any of them shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. The award, together with a state ment of the findings of fact and other matters pertinent to the
questions at issue, shall be filed with the record of the proceedings, and a copy of the award shall immediately be sent to the parties at dispute. The parties may be heard by a deputy, in which event he shall swear the witnesses or cause them to be sworn, and shall transmit all testimony to the Board for their determination and award. No award of compensation shall be made which is not based upon probative, competent and substantial evidence."

SECTION 22

Georgia Code Section 114-710, is amended by striking therefrom the following language: "(4) There is not sufficient competent evidence in the record to warrant the members in making the order or decree complained of", and inserting in lieu thereof, the following language: "(4) Upon consideration of the whole record, the findings made by the Board as to any material fact are not supported by substantial evi dence", so that Section 114-710, as amended, shall read as follows:

"114-710. Appeals to superior court; grounds for rescinding order; writ of error to Court of Appeals.--Any award of the State Board of Workmen's Compensation, provided for in Section 114-707, with respect to which no application for a review thereof is filed in due time, or an award of the directors upon such review as provided in Section 114-708, shall, in either event, as the case may be, and subject to the other provisions of this Title, be a final award and shall be conclusive and binding as to all questions of fact; but either party to the dispute may, within 30 days from the date of any such final award, or within 30 days from the date of any other final order or judgment of the directors, but not there after, appeal from the decision in such final award or from any other final decision of said Board to the superior court of the

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617

county in which the injury occurred, or if the injury occurred withother the State, then to the superior court of the county in which the original hearing was had, in the manner hereafter outlined, and upon the following grounds, viz.: The party conceiving himself to be aggrieved may file an application in writing with the Board asking for an appeal from any such order or decree, stating gen erally the grounds upon such appeal is sought. In the event such appeal is filed as hereinbefore provided, the Board shall, within 30 days from the filing of the same, cause certified copies of all documents and papers then on file in their office in the matter, and a transcript of all testimony taken therein, to be transmitted with their findings and order or decree to the clerk of the superior court to which the case is appealable, as hereinbefore set out. The cause so appealed may thereupon be brought on for a hearing in either term time or vacation before said superior court upon such record by either party on 10 days' written notice to the other; subject, however, to an assignment of the same for hearing, by the court. The findings of fact made by the members within their power shall, in the absence of,fraud, be conclusive, but upon such hearing the court shall set aside the order or decree of the members, if it be found that--

"(1) The members acted without or in excess of their powers;

"(2) The order or decree was procured by fraud;

"(3) The facts found by the members do not support the order or decree;

"(4) Upon consideration of the whole record, the findings made by the Board as to any material fact are not supported by sub stantial evidence; or that

"(5) The order or decree is contrary to law.

"No order or decree of the Board shall be set aside by the court upon any grounds other than one or more of the grounds above stated. If not set aside upon one or more of such stated grounds, the court shall affirm the order, judgment, decree or deci sion of the Board so appealed from. Upon the setting aside of any such order, decree or decision of the Board, the court may recom mit the controversy to the Board for further hearing or poceedings in conformity with the judgment and opinion of the court, or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect, and all proceedings in relation thereto shall, sub ject to the other provisions of this Title, thereafter be the same as though rendered in a suit heard and determined by said Court

"Any party in interest who is aggrieved by a judgment entered by the superior court upon an appeal from an order or decree of the Board to the superior court, may have the same reviewed by the Court of Appeals within the time and in the manner provided by law for fast bills of exceptions from other orders, judgments

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and decrees of the superior court. In case of an appeal from the decision of the Board, said appeal shall operate as a supersedeas, if the employer has complied with the provisions of this Title re specting insurance, and no such employer shall be required to make payment of the award involved in the questions made in the case so appealed, until such questions at issue therein shall have been fully determined in accordance with the provisions of this Title."

SECTION 23

Georgia Code Section 114-716, relating to records of injuries, is amended by adding in sub-division (b) thereof, the following language: "Under such reasonable rules and regulations as the Board may adopt, the records of the Board as to any employee in any previous case in which such employee was a claimant shall be open to and made avail able to such claimant, to an employer or its insurance carrier which is called upon to pay compensation, medical expenses and/or funeral expenses, or to any party at interest, except that the Board may make such reasonable charge as it deems proper for furnishing information by mail and for copies of records.", so that Section 114-716, as amended, shall read as follows:
"114-716. Record of injuries. Records of Board. Report of termination of incapacity. Penalty. Reports. -- (a) Every em ployer who accepts the provisions of this Title relative to the pay ment of compensation shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment, on blanks approved by the State Board of Workmen's Compensation. Within 10 days after the occurrence and knowledge thereof, as provided in Section 114-303, of an injury to an employee requiring medical or surgical treatment costing in excess of the sum of $25 or causing his absence from work for more than seven days, a report thereof shall be made in writing and mailed to the Board on blanks to be procured from the Board for this purpose. Reports of injuries requiring medical or surgical treatment costing $25 or less and causing his absence from work for less than seven days, shall be made in writing and mailed to the Workmen's Com pensation Board monthly. Each monthly report shall be filed with the Board by the 15th day of each month, said report covering accidents occurring during the immediately preceding month. Said reports shall be filed on blanks to be procured from the Board for this purpose, (b) The records of the Board, insofar as they refer to accidents, injuries, and settlements, shall not be open to the public, but only to the parties satisfying the Board of their interest in such records and the right to inspect them. Under such reason able rules and regulations as the Board may adopt, the records of the Board as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claimant, to an employer or its insurance carrier which is called upon to pay compensation, medical expenses and/or funeral expenses, or to any party at interest, except that the Board may make such reasonable charge as it deems proper for furnishing in formation by mail and for copies of records, (c) Upon the termi nation of the disability of the injured employee, the employer shall make a supplementary report to the Board on blanks to be procured from them for the purpose, (d) The said report shall contain the

MONDAY, JANUARY 29, 1962

619

name, nature, and location of the business of the employer, the name, age, sex, and wages and occupation of the injured employee, and shall state the date and hour of the accident causing the injury, the nature and cause of the injury, and such other information as may be required by the Board, (e) Any such employer who refuses or wilfully neglects to make the report required by this section shall be liable to a penalty of not more than $25 for each refusal or wilful neglect, to be assessed by a director in an open hearing, with the right of review as in other cases. In the event the employer has transmitted the report to the insurance carrier for transmis sion to the Board, the insurance carrier wilfully neglecting or fail ing to transmit the report shall be liable and shall pay the fine, (f) Every employer shall, upon request of the Board, report the num ber of his employees, hours of their labor, and number of days of operation of business."

SECTION 24

By adding a new Section, to be called Georgia Code Section 114-720, which shall read as follows:

"114-720. Special fund. -- (a) There is hereby established in the State Treasury, a special fund for the purpose of making pay ment in accordance with the provisions of Section 114-410A. Such fund shall be administered by the Board. The State Treasurer shall be the custodian of such fund, and all monies and securities in such fund and all interest and income accruing thereupon shall be held in trust by the State Treasurer and shall not be money and property of the State.

"(b) The Treasurer is authorized to disburse monies from such fund only upon order of the Board or for investment purposes to the account of such fund. He shall be required to give bond in an amount to be fixed, and with securities approved, by the Board, conditioned upon the faithful performance of his duty as custodian of such fund. The premium of such bond shall be paid out of such fund.

"(e) Payments into such fund by remittance to the State Treas urer shall be made as follows:
"(1) Each employer shall pay Two Thousand ($2,000) Dollars as indemnity benefits for the death of an employee of such employer resulting from an injury where the Board determines that there is no person entitled under this Act to compensation or weekly pay ments for such death. For the purposes of this Section, the limita tions contained in Section 114-413, sub-section (a) and (e), shall be inapplicable.
"(2) Each insurance carrier shall annually under regulations prescribed by the Board, make payments to such fund in an amount equal to one per centum (1%) of the gross premiums received from Workmen's Compensation Insurance written or renewed by it dur ing the preceding calendar year on risks within this State, or subject to the jurisdiction of this State.

620

JOURNAL OF THE HOUSE,

"(3) Each self-insurer shall annually under regulations pre scribed by the Board, make payments to such fund in an amount equal to one per centum (1%) of the premium which such employer would have had to pay to obtain Workmen's Compensation Insur ance for the preceding calendar year (or proportional year if a self-insurer has not been authorized for the full year), which amount shall be determined by the Board.

"(4) All amounts collected as fines and penalties under this Act shall be paid into such fund.

" (d) Notwithstanding any other provision of this Section, when ever the balance of such fund on June 30 of any year exceeds the sum of $250,000, the Board shall reduce or suspend the payments required under sub-paragraphs (1), (2) and (3) of sub-section (c) of this Section to an amount which is calculated upon the basis of experience to minimize payments into the fund and yet to main tain the fund in a sound condition which will enable all legal claims made upon it to be paid. After two (2) years from the effective date of this Section, the rate of contributions which is assessed by the Board annually shall not be calculated to collect for the fund a sum in excess of that expended from the fund during the highest of the two preceding years. The State Treasurer shall on June 30 of each year notify the Board of the balance in the fund and the Board shall immediately notify all insurance carriers and self-insur ers of the balance in the fund and whether such payments are reduced or suspended.

"(e) The State Treasurer is authorized and directed, insofar as is commensurate with demands upon the fund, to invest surplus monies in the fund so as to provide the maximum feasible income to the fund.

"(f) This Section and Section 114-410A shall become effective July 1, 1962 and shall apply to all injuries occurring on or after that date. First contributions to the fund under sub-paragraphs (2) and (3) of sub-section (c) shall be made upon the basis of 1961 premiums calculated by the Board in computing assessments under Section 114-717. The fund shall operate upon a fiscal year which begins July 1 and ends June 30 annually."

SECTION 25
By adding a new Section, to be called Georgia Code Section 114-721, which new Section shall read as follows:
"114-721. Statistical data section of board. -- In addition to all other records required to be maintained by the Board under other provisions of this Act, the Board shall establish and maintain a statistical unit or department the purpose of which shall be to accumulate, compile and report information pertaining to all claims, settlements, and awards filed with or issued by the Board, which information shall be subdivided and reported in such sufficient detail and in such appropriate categories as shall be necessary to furnish full information concerning the number of the various types

MONDAY, JANUARY 29, 1962

621

of injuries and awards, benefits awarded and paid in each of the various types of injuries and awards, the loss experience of all employers governed by this Act including statistics and data neces sary for the proper analysis of all workmen's compensation insur ance matters, including the preparation and passage of proper laws and amendments to existing laws and the establishment or modi fication of workmen's compensation insurance rates, when applica tions are filed with the Insurance Commissioner by insurance car riers, their bureaus or representatives, employers, or which in any manner are presented to the Insurance Commissioner for consid eration and determination. All such records shall be made available to the Insurance Commissioner, any employer subject to the pro visions of this Act, workmen's compensation insurance carriers, rep resentatives of groups of employees and of the public or anyone establishing an appropriate interest therein to the satisfaction of the Chairman of the State Board of Workmen's Compensation. Compilations of such statistics shall be published by the Board no less often than biennially as a part of its customary published report of operations.

"Nothing herein shall be construed to authorize or permit the disclosure of the contents of the reports or records of individual employers or carriers unless such disclosure is specifically author ized by the employer or carrier."

SECTION 26

All laws and parts of laws in conflict herewith are hereby repealed.

Mr. Hull of Richmond offered the following amendment to the Committee substitute:
Mr. Hull of Richmond moves to amend HB 228 committee substitute "By striking the last paragraph in Section 8 and substituting in lieu thereof the following paragraphs"
"If the injured employee or those entitled to recover on account of the death of such employee do not commence an action against the person or persons so notified within 30 days prior to the time said claim would otherwise be barred by the statute of limitations the persons who has given the notice shall be entitled to commence an action in such persons' own name or in the name of the employee or those entitled to recover on account of his death against any or all of the persons so notified to recover all sums recoverable on account of the said injury or death; provided however, that any sums recovered in such action above and in excess of the amount of compensation, medical expenses and/or funeral expenses payable and all costs incurred in the prosecution shall be deducted until approved by the Court in which such action is prosecuted."

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

622

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Boggs Bowen of Randolph Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Pulton Bynum Crowe Culpepper Dickey Ployd Puqua Greene Hale Hull Jones of Liberty Kelly Kidd

King Loggins McClelland McCracken McGarity Milhollin Miller Mixon Mullis Murphy Odom Paris Parker of Ware Payton Phillips of Bibb Rainey Raulerson Roberts Rogers of Paulding Ross

Those voting in the negative were Messrs.:

Abney Adams Andrews of Stephens Arnsdorff Barber Birdsong Black Bolton Boyett Bozeman Branch Brantley Brown Budd Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Crawford Davis Deen Dicus Dollar Doster Duncan of Fannin Dunn Echols

Fleming Flexer Fowler of Douglas Punk Hall of Lee Hall of Ployd Harrell Henderson Hill Horton Howard Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killian Killingsworth Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey

Rowland Sangster Scarborough Shuman Simmons Smith of Grady Smith of Brantley Smit hof Pulton Smith of Habersham Smith of Whitfield Steis Taylor of Dawson Teague Thornton Todd Walker of Lowndes Walker of Telfair White Willing-ham Wilson
Mackay Massee Matthews of Clarke McCutchen McDonald Moate Moore Moorman Morgan Morris NeSmith Otwell Pannell Parker of Appling Farmer Phillips of Columbia Pickard Poole Potts Purcell Rutland Scoggin Sheffield Simpson Sinclair Stevens Story Strickland Stuckey Tamplin Taylor of Bibb Tucker

MONDAY, JANUARY 29, 1962

623

Twitty Undercofler Underwood of
Montgomery Underwood of Taylor

Vaughn Waldrop Ware Watson Wells of Oconee

Wells of Camden Williams of Coffee Young

Those not voting were Messrs.:

Akins Barnett of Wilkes Barnett of Baker Barrett Baughman Blalock Chandler Clarke of Monroe Conner Dorminy Duncan of Carroll Fitzgerald Flynt

Fordham Fowler of Treutlen Hodges Kimmons Kirkland Lee of Clayton Matthews of Colquitt Melton Moss Newton Parker of Screven Pelham Phillips of Walton

Rodgers of Charlton Roper Singer Tabb Taylor of Decatur Wells of Peach Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 60, nays 108.

The amendment to the Committee substitute was lost.

Mr. Odom of Dougherty offered the following amendment to the Committee substitute:
Mr. Odom of Dougherty moves to amend HB 228 (Comm. Sub.) as follows:
By adding to the title the following words "to provide for attorneys fees' and by adding a new Section designated as "Section 26" to read as follows:
(a) If the employer or carrier shall file notice of controversy as provided in this chapter, or shall decline to pay a claim on or before the twenty-first day after they have notice of same, or shall otherwise resist unsuccessfully the payment of compensation, and the injured person shall have employed an attorney at law in the successful prosecution of his claim, there shall, in addition to the award for compensation be awarded reasonable attorneys fee, to be approved by the Workmen's Compensation Board which may be paid direct to the attorney for the claimant in a lump sum. In any pro ceedings are had for review of any claim, award or compensation order before any court, the court may allow or increase the attor ney's fee, in its discretion, which fees shall be in addition to the compensation paid the claimant, and shall be paid as the court may direct.

624

JOURNAL OF THE HOUSE,

(b) There shall be further assessed against such employer or carrier, as costs in said claim, such fees and mileages for witnesses attending the hearing at the instance of claimant, as would be al lowed such witnesses in cases at law.

(c) Any person (a) who received any fees, ether considera tion, or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Workmen's Compensa tion Board or such court, or (b) who makes it business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation, shall be guilty of a misdemeanor, and upon conviction thereof, shall, for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment, and by redesignating the present "Section 26" as "Section 27".

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Andrews of Hall Ballard Bowen of Randolph Brackin Brooks of Pulton Bynum Crowe Culpepper Fleming Greene Hill Kelly Kidd Killian King

Matthews of Clarke McClelland McGarity Mixon Mullis Murphy Odom Pannell Paris Parker of Ware Payton Phillips of Bibb Potts Rainey Raulerson Roberts Sangster

Those voting in the negative were Messrs.:

Abney Adams Barber Birdsong Black Blalock Bolton Boyett Bozeman Branch Brantley Brown

Bud Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Crawford Davis

Scarborough Shuman Simmons Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Taylor of Dawson Teague Thornton Walker of Lowndes White Williams of Hall Willingham Wilson
Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Echols Flexer Floyd Fowler of Douglas

MONDAY, JANUARY 29, 1962

625

Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Howard Hull Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson

Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee McCutchen McDonald Milhollin Moate Moore Moorman Morris Moss NeSmith Otwell Parker of Appling Farmer Phillips of Columbia Poole Purcell Rogers of Paulding Rowland Rutland Scoggin

Sheffield Simpson Sinclair Smith of Grady Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Tucker Twitity Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Oconee Wells of Camden Williams of Coffee Young

Those not voting were Messrs.:

Arnsdorff Barnett of Wilkes Barnett of Baker Barrett Baughman Boggs Bowen of Toombs Brooks of Oglethorpe Chandler Clarke of Monroe Conner Dunn Fitzgerald Flynt Fordham

Fowler of Treutlen Hodges Horton Johnson Kimmons Knight of Berrien Matthews of Colquitt McCracken Melton Miller Morgan Newton Parker of Screven Pelham Phillips of Walton

Pickard Rodgers of Charlton Roper Ross Singer Taylor of Decatur Todd Undercofler Wells of Peach Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the committee substitute the ayes were 50, nays 112.

The amendment to the committee substitute was lost.

Messrs. Horton of Putnam and Bynum of Rabun offered the following amend ment to the Committee substitute:

626

JOURNAL OF THE HOUSE,

Horton of Putnam, Bynum of Rabun moves to amend Committee Substitute for HB 228 as follows:

By striking from the title the following: "by amending Georgia fCiogduereS"e8c"ti;o"n 114-107 to change the figure "10" therein to the

By striking Section 3 of said Bill in its entirety. By renumbering the remaining Sections accordingly.

On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Ballard Barrett Brackin Brooks of Fulton Bynum Crowe Culpepper Dickey Fleming Greene Hill Horton Jones of Lumpkin Kelly

Kidd King Matthews of Clarke McClelland Miller Mixon Murphy Odom Parker of Ware Rainey Raulerson Roberts Rogers of Paulding Sangster Scarborough Shuman

Those voting in the negative were Messrs.:

Abney Adams Barber Baughman Birdsong Black Blalock Boggs Bolton Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brown Budd Busbee

Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Crawford Davis Deen Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll

Simmons Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Taylor of Dawson Teague Thornton Walker of Telfair White William of Coffee Williams of Hall Willingham Wilson
Echols Flexer Floyd Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Howard Hurst Joiner Jones of Liberty Jones of Worth Jones of Sumter

MONDAY, JANUARY 29, 1962

627

Jordan Keyton Killian Killings-worth Kirkland Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee McCracken McCutchen McDonald Milhollin

Moate Moore Moorman Morris Moss Mullis NeSmith Otwell Pannell Parker of Appling Farmer Phillisp of Columbia Phillips of Bibb Pickard Poole Potts Purcell Rowland Rutland Scoggin Sheffield Simpson

Sinclair Smith of Grady Story Strickland Stuckey Tamplin Taylor of Bibb Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Oconee Wells of Camden
Young

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Barnett of Wilkes Barnett of Baker Bowen of Randolph Bowen of Toombs Chandler Clarke of Monroe Conner Dunn Fitzgerald Flynt Fordham Fowler of Treutlen Hodges

Hull Johnson Kimmons Knight of Berrien Matthews of Colquitt McGarity Melton Morgan Newton Paris Parker of Screven Pay ton Pelham Phillips of Walton Rodgers of Charlton

Roper Ross Singer Stevens Tabb Taylor of Decatur Todd Walker of Lowndes Wells of Peach Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 47, nays 115.

The amendment to the Committee substitute was lost.

Mr. Hodges of Ware offered the following amendment to the Committee substitute:
Hodges of Ware moves to amend Committee substitute for HB 228 as follows:

628

JOURNAL OF THE HOUSE,

By striking the language quoted as Code Section 114-403 in Section 8 of said Bill in its entirety and inserting in lieu thereof a new Section 114-403 to read as follows:

"114-403. Subrogation. -- Whenever any person is called upon to pay compensation, medical expenses and/or funeral expenses on account of injury or death compensable under this Act, and such person contends that a person or persons other than the employer is liable to pay damages, on account of such injury or death, to the injured employee or those entitled to recover for the employee's death, such person called upon to make such payment may give written notice to the persons contended to be so liable and to the injured employee or those entitled to recover on account of his death of such contention and of the fact that the person giving notice is required to make such payment. Upon giving such written notice, the person called upon to make such payment shall be subrogated, only to the extent hereinafter provided, to the rights arising out of the injury or death which the injured employee or those en titled to recover on account of his death shall have against such notified persons, and shall have a lien therefor against any recovery made by the injured employee or by those entitled to recover on account of the employee's death against any of the persons so notified, but the right of subrogation shall extend to the person called upon to make such payment only to any amount which is recovered over and above an amount equal to the amount to which the injured employee or those entitled to recover on account of his death shall be entitled under the provisions of this Chapter, and then only to the extent of the compensation, medical expenses and/or funeral expenses payable.

"After such notice shall have been given, no settlement, release, covenant not to sue, or other agreement between any of the persons so notified shall be effective to prejudice the right of the person giving to bring an action in the name of the person or persons en titled to receive compensation against any of the other persons so notified to recover the amount of compensation, medical payments, and/or funeral expenses payable on account of such injury or death unless such agreement includes as a party thereto the person giving such notice, but the right of any such recovery shall be limited to the amount and the method of determining same, as provided in the last paragraph of this Section.

"If such person called upon to pay such compensation or ex penses gives the notice referred to herein within 20 days after the occurrence of the incident causing the injury or death, then the same shall be effective as of the time of the occurrence of such inci dent, as though given immediately after such occurrence.

"If the amount recovered in any such action is equal to or less than the amount of compensation, medical expenses and/or funeral expenses to which the injured person or those entitled to recover on account of his death shall be entitled under this Chapter, such amount shall be recovered for the injured employee or those entitled to recover on account of his death. In the event the amount recov ered exceeds the aforesaid amount, the person who has given the

MONDAY, JANUARY 29, 1962

629

notice shall be entitled to such excess, hut only to the extent of the compensation, medical expenses and/or funeral expenses payable, and all costs incurred in the prosecution of such action, and any amounts above this sum shall be recovered for the injured employee or those entitled to recover on account of his death."

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Bowen of Randolph Brackin Brooks of Pulton Budd Bynum Crowe Culpepper Fleming Greene Henderson Hodges Horton Jones of Liberty Kelly Keyton Kidd King McClelland

McCracken McGarity Milhollin Miller Mixon Morgan Murphy Odom Paris Parker of Screven Parker of Ware Farmer Phillips of Bibb Potts Rainey Raulerson Roberts Rogers of Paulding Ross Sangster

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Barber Baughman Birdsong Black Blalock Boggs Bolton Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brown Busbee Caldwell

Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Crawford Davis Deen Dickey Dicus Dollar Doster Duncan of Pannin Dunn Echols Flexer Floyd Fordham

Scarborough Shuman Simmons Smith of Brantley Smith of Pulton Smith of Habersham Smith of Whitfield Steis Story Taylor of Dawson Teague Thornton Walker of Lowndes Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson
Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Ployd Harrell Hill Howard Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Killian Killingsworth Kirkland Knight of Laurens

630

JOURNAL OF THE HOUSE,

Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McCutchen McDonald Moate Moore Moorman

Morris Moss Mullis NeSmith Otwell Pannell Parker of Appling Phillips of Columbia Pickard Poole Purcell Roper Rowland Rutland Scoggin Sheffield Simp son Sinclair

Smith of Grady Stuckey Tamplin Taylor of Bibb Tucker
Twitty Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Walker of Telfair Ware Watson Wells of Camden Young

Those not voting were Messrs.:

Barnett of Wilkes Barnett of Baker Barrett Bowen of Toombs Chandler Clarke of Monroe Conner Dorminy Duncan of Carroll Fitzgerald Flynt Fowler of Treutlen

Hull Johnson Kimmons Knight of Berrien Matthews of Colquitt Melton Newton Payton
Pelham Phillips of Walton Rodgers of Charlton Singer

Stevens Strickland Tabb Taylor of Decatur Todd Undercofler Wells of Peach Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 59, nays 111.

The amendment to the Committee substitute was lost.

Mr. Murphy of Haralson offered the following amendment to the Committee substitute:
Murphy of Haralson moves to amend the Committee substitute to HB 228 as follows:
By striking Sections 1, 4, 5, 8, 12, 13, 16, 18, and 22 in their entirety.
Said Act is further amended by renumbering Sections 2, 3, 6, 7, 9, 10, 11, 14, 15, 17, 19, 20, 21, 23, 24, 25, and 26 as Sections 1 through 17, respectively.

MONDAY, JANUARY 29, 1962

631

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Brackin Brooks of Fulton Bynum Crowe Culpepper Fleming Flexer Greene Hodges Jones of Liberty Kelly Kidd

Killian King Miller Mixon Murphy Odom Paris Parker of Screven Parker of Ware Phillips of Bibb Eainey Raulerson Roberts Rodgers of Charlton

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Barber Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph
Boyett Bozeman Branch Brantley Brown Budd Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Coll ins Cox Crawford Davis Been Dickey Dicus

Doster Duncan of Fannin Duncan of Carroll Dunn Echols Floyd Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson

Rogers of Paulding Ross Sangster Scarborough Shuman Simmons Smith of Brantley Smith of Fulton Steis Teague Thornton White Willingham Wilson
Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee McCracken McCutchen McDonald Milhollin Moate Moore Moorman Morgan Morris Moss Mullis NeSmith Otwell Parker of Appling Farmer Phillips of Columbia Pickard Poole Purcell Roper Rowland Rutland Scoggin Sheffield Simpson Sinclair

632

JOURNAL OF THE HOUSE,

Smith of Grady Smith of Habersham Story Stuckey Tabb Taylor of Dawson Taylor of Bibb

Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair

Ware Watson Wells of Oconee Wells of Camden Williams of Coffee Young

Those not voting were Messrs.:

Barnett of Wilkes Barnett of Baker Barrett Bowen of Toombs Brooks of Oglethorpe Chandler Clarke of Monroe Conner Dollar Dorminy Fitzgerald Flynt Fordham Fowler of Treutlen Hill

Johnson Kimmons Knight of Berrien Matthews of Clarke Matthews of Colquitt McClelland McGarity Melton Newton Pannell Payton Pelham Phillips of Walton Potts Singer

Smith of Whitfield Stevens Strickland Tamplin Taylor of Decatur Todd Tucker Undercofler Walker of Lowndes Wells of Peach Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 42, nays 118.

The amendment to the Committee substitute was lost.

Mr. Brooks of Fulton and Fleming of Richmond offered the following amend ment to the Committee substitute:
Fleming of Richmond and Brooks of Fulton move to amend HB 228 (Committee substitute) as follows:
By striking therefrom Section 23 in its entirety and by like wise striking any reference made thereto in the caption of said Bill.

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Arnsdorff Ballard

Barber Blalock Bowen of Randolph

Bowen of Toombs Brackin Brooks of Fulton

MONDAY, JANUARY 29, 1962

633

Bynum Crawford Crowe Culpepper Dickey Dollar Dorminy Dunn Fleming Plexer Pordham Greene Hodges Horton Hull Johnson Jones of Liberty Kelly Kidd Killian King Lee of Clayton Loggins Matthews of Clarke

Matthews of Colquitt McClelland McCracken McGarity Milhollin Miller Mixon Morgan Murphy Odom Pannell Paris Parker of Screven Parker of Ware Payton Phillips of Bibb
Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Ross Sangster

Scarborough Shuman Simmons Simpson Smith of Brantley Smith of Pulton Smith of Habersham Smith of Whitfield
Steis Story Taylor of Dawson Teague Thornton Todd Vaughn Walker of Lowndes Wells of Peach Wells of Oconee
White Williams of Coffee Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Birdsong Black Boggs Bolton Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brown Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Ccker Collins Cox Davis Deen Dicus Doster Duncan of Pannin Duncan of Carroll

Echols Ployd Fowler of Douglas Punk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke

Lokey Lovett Lowrey Mackay Massee McCutchen McDonald Moate Moore Moorman Morris Moss Mullis NeSmith Newton Parker of Appling Farmer Phillips of Columbia Phillips of Walton Poole Purcell Roper Rutland Scoggin Sheffield Sinclair Smith of Grady Stuckey Tamplin

634

JOURNAL OP THE HOUSE,

Taylor of Bibb Tucker Twitty Undercofler

Underwood of Montgomery
Underwood of Taylor Waldrop
Walker of Telfair

Ware Watson Wells of Camden Young

Those not voting were Messrs.:

Barnett of Wilkes Barnett of Baker Barrett Baughman Budd Chandler Clarke of Monroe Conner Fitzgerald

Plynt Fowler of Treutlen Kimmons Melton Otwell Pelham Pickard Rowland Singer

Stevens Strickland Tabb Taylor of Decatur Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 80, nays 99.

The amendment to the Committee substitute was lost.

Mr. Brooks of Pulton and Fleming of Richmond offered the following amend ment to the Committee substitute:
Fleming of Richmond and Brooks of Fulton move to amend HB 228 (Committee substitute) as follows:
By striking therefrom Section 22 in its entirety and by like wise striking any reference made thereto in the caption of said Bill.

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Blalock Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Budd Bynum Crawford Crowe

Culpepper Dickey Dollar Fleming Flexer Greene Hale Hodges Hull Hurst Johnson

Jones of Liberty Kelly Kidd Killian King Lee of Clayton Loggins Matthews of Clarke McClelland McGarity Milhollin

MONDAY, JANUARY 29, 1962

635

Mixon Murphy Odom Paris Parker of Screven Parker of Ware Payton Phillips of Bibb Potts Rainey Raulerson Roberts Rodgers of Charlton

Rogers of Paulding Ross Sangster Scarborough Shuman Simmons Simpson Smith of Brantley Smith of Pulton Smith of Habersham Smith of Whitfield
Steis Taylor of Dawson

Teague Thornton Todd Vaughn Walker of Lowndes Walker of Telfair Wells of Oconee White Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Barber Barnett of Baker Barrett Baughman Birdsong Black Boggs Bolton Boyett Bozeman Branch Brantley Brown Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Davis Been Dicus Doster Duncan of Fannin Duncan of Carroll Echols Ployd Fowler of Douglas Funk

Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Joiner Jones of Worth Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee McCracken McCutchen McDonald Moate Moore Moorman Morgan Morris

Moss Mullis NeSmith Pannell Parker of Appling Farmer Phillips of Columbia Phillips of Walton Pickard Poole Purcell Roper Rowland Rutland Scoggin Sheffield Sinclair Smith of Grady Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop
Ware Watson Wells of Camden Williams of Coffee Young

Those not voting were Messrs.:

Arnsdorff

Barnett of Wilkes

Brooks of Oglethorpe

636

JOURNAL OF THE HOUSE,

Chandler Clarke of Monroe Conner Dorminy Dunn Fitzgerald Flynt Fordham Fowler of Treutlen

Jones of Lumpkin Kimmons Matthews of Colquitt Melton Miller Newton Otwell Pelham Singer

Stevens Taylor of Decatur Wells of Peach Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 70, nays 107.

The amendment to the Committee substitute was lost.

Mr. Brooks of Fulton and Fleming of Richmond offered the following amend ment to the Committee substitute:
Fleming of Richmond and Brooks of Fulton move to amend HB 228 (Committee substitute) as follows:
By striking therefrom Section 21 in its entirety and by like wise striking any reference made thereto in the caption of said Bill.

On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Ballard Barber Blalock Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Budd Bynum Crawford Crowe Culpepper Dickey Fleming Flexer Floyd Fordham

Greene Hodges Hull Johnson Jones of Liberty Kelly Kidd Killian King Lee of Clayton Loggins Matthews of Clarke McClelland McGarity Miller Mixon Murphy Odom Pannell

Paris Parker of Screven Parker of Ware Phillips of Walton Phillips of Bibb Potts Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Sangster Scarborough Shuman Simmons Simpson Smith of Brantley Smith of Fulton

MONDAY, JANUARY 29, 1962

637

Smith of Habersham Smith of Whitfield Steis Taylor of Dawson Teague

Thornton Vaughn Walker of Lowndes Walker of Telfair Wells of Peach

Wells of Oconee White Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Abney Adams Andrews of Stephens Barnett of Baker Barrett Baughman Birdsong Black
Boyett Bozeman Branch Brantley Brown Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Davis Deen Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fowler of Douglas Funk

Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee McCutchen McDonald Milhollin Moate Moore

Moorman Morgan Morris Moss Mullis NeSmith Parker of Appling Farmer Phillips of Columbia Pickard Poole Purcell Roper Rutland Scoggin Sheffield Sinclair Smith of Grady Story Stuckey Tabb Tamplin Taylor of Bibb Tucker Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Ware Wells of Camden Williams of Coffee Young

Those not voting were Messrs.:

Arnsdorff Barnett of Wilkes Bolton Brooks of Oglethorpe Chandler Clarke of Monroe Conner Dorminy Fitzgerald Flynt Fowler of Treutlen

Hale Kimmons Knight of Berrien Matthews of Colquitt McCracken Melton Newton Otwell Payton Pelham Rodgers of Charlton

Singer Stevens Strickland Taylor of Decatur Todd Undercofler Watson Wickham Wilkes Woodward

638

JOURNAL OF THE HOUSE,

On the adoption of the amendment to the Committee substitute the ayes were 72, nays 100.

The amendment to the Committee substitute was lost.

Mr. Brooks of Fulton and Fleming of Richmond offered the following amend ment to the Committee substitute:
Fleming of Richmond and Brooks of Fulton move to amend HB 228 (Committee substitute) as follows:
By striking therefrom Section 18 in its entirety and by like wise striking any reference made thereto in the caption of said Bill.

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akrns Andrews of Hall Ballard Blalock Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Bynum Crawford Crowe Culpepper Dickey Fleming Flexer Fordham Greene Hale Hodges Johnson Jones of Liberty Kelly

Kidd Killian King Loggins Matthews of Clarke McClelland McGarity Miller Murphy Odom Pannell Paris Parker of Screven Parker of Ware Payton Phillips of Bibb Potts Rainey Raulerson Roberts Rogers of Paulding Ross

Those voting in the negative were Messrs.:

Abney Adams Andrews of Stephens Barber Barnett of Baker

Baughman Birdsong Black Boggs Bolton

Sangster Scarborough Shurnan Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Taylor of Dawson Teague Thornton Vaughn Walker of Lowndes Walker of Telfair Wells of Peach White Willingham Wilson
Boyett Bozeman Branch Brantley Brown

MONDAY, JANUARY 29, 1962

639

Budd Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Davis Been Dicus Doster Duncan of Fannin Duncan of Carroll Echols Ployd Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin

Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee McCracken McCutchen McDonald Milhollin Mixon Moate Moore Moorman Morris Moss Mullis NeSmith Otwell

Parker of Appling Farmer Phillips of Columbia Phillips of Walton Pickard Poole Purcell Roper Rowland Rutland Scoggin Sheffield Sinclair Smith of Grady Story Stuckey Tabb Tamplin Taylor of Bibb Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Ware Wells of Camden Williams of Coffee Williams of Hall
Young

Those not voting were Messrs. :

Arnsdorff Barnett of Wilkes Barrett Brooks of Oglethorpe Chandler Clarke of Monroe Conner Dollar Dorminy Dunn Fitzgerald

Flynt Fowler of Treutlen Horton Kimmons Matthews of Colquitt Melton Morgan Newton Pelham Rodgers of Charlton Singer

Stevens Strickland Taylor of Decatur Todd Watson Wells of Oconee Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 64, nays 109.

The amendment to the Committee substitute was lost.

640

JOURNAL OF THE HOUSE,

Mr. Brooks of Pulton and Fleming of Richmond offered the following amend ment to the Committee substitute:

Fleming of Richmond and Brooks of Fulton move to amend HB 228 (Committee substitute) as follows:

By striking therefrom Section 8 in its entirety and by likewise striking any reference to Section 8 made in the caption of said Bill.

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Barber Blalock Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Bynum Crawford Crowe Culpepper Dickey Fleming Greene Hodges Johnson Jones of Liberty Kelly Kidd Killian King

Lee of Clayton Loggins Matthews of Clarke McClelland McGarity Milhollin Mixon Morgan Murphy Odom Pannell Parker of Screven Parker of Ware Payton Phillips of Bibb Potts Rainey Raulerson Roberts Rogers of Paulding Ross Sangster

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Barnett of Baker Barrett Baughman Birdsong Black Boggs Bolton Boyett Bozeman

Branch Brantley Brown Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Davis Deen

Scarborough Shuman Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Taylor of Dawson Teague Thornton Vaughn Walker of Lowndes Walker of Telfair Wells of Peach White Willingham Wilson
Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Echols Flexer Floyd Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell

MONDAY, JANUARY 29, 1962

641

Henderson Hill Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey

Lovett Lowrey Mackay Massee McCutchen McDonald Miller Moate Moore Moorman Morris Moss Mullis NeSmith Otwell Parker of Appling Farmer Phillips of Columbia Phillips of Walton Poole Purcell Roper

Rowland Rutland Scoggin Sheffield Sinclair Smith of Grady Stuckey Tabb Tamplin Taylor of Bibb Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Ware Watson Wells of Camden Williams of Coffee Young

Those not voting were Messrs.:

Barnett of Wilkes Brooks of Oglethorpe Budd Chandler Clarke of Monroe Conner Dorminy Dunn Fitzgerald Flynt Fordham Fowler of Treutlen

Hale Horton Kimmons Matthews of Colquitt McCracken Melton Newton Paris Pelham Pickard Rodgers of Charlton Singer

Stevens Strickland Taylor of Decatur Todd Wells of Oconee Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 64, nays 107.

The amendment to the Committee substitute was lost.

Mr. Brooks of Fulton and Fleming of Richmond offered the following amend ment to the Committee substitute:
Fleming of Richmond and Brooks of Fulton move to amend HB 228 (Committee substitute) as follows:
By striking therefrom Section 5 in its entirety and by like wise striking any reference made thereto in the caption of said Bill.

642

JOURNAL OF THE HOUSE,

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Blalock Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Bynum Crawford Crowe Culpepper Dickey Fleming Greene Hale Hodges Horton Jones of Liberty Kelly Kidd Killian

King Lee of Clayton Loggins Lokey Matthews of Clarke McClelland McCracken McGarity Miller Murphy Odom Paris Parker of Screven Parker of Ware Phillips of Walton Phillips of Bibb Potts Rainey Raulerson Robert Rogers of Paulding

Those voting in the negative were Messrs.:

Abney Adams Akins Andrews of Stephens Barber Barnett of Baker Barrett Baughman Birdsong Black Boggs Bolton Boyett Bozeman Branch Brantley Brown Budd Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins

Cox Davis Deen Dicus Dollar Doster Duncan of Fannin Duncan of Carroll Echols Flexer Floyd Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin

Ross Sangster Scarborough Shuman Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Taylor of Dawson Teague Thornton Vaughn Walker of Lowndes Walker of Telfair Wells of Peach White Willingham Wilson
Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay Massee McCutchen McDonald Milhollin Mixon Moate Moore Moorman Morgan Morris

MONDAY, JANUARY 29, 1962

643

Moss Mullis NeSmith Parker of Appling Farmer Phillips of Columbia Pickard Poole Purcell Roper Rutland Scoggin

Sheffield Sinclair Smith of Grady Story Stuckey Tabb Tamplin Taylor of Bibb Tucker Twitty Undercofler

Underwood of Montgomery
Underwood of Taylor Waldrop Ware Watson Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Young

Those not voting were Messrs.:

Arnsdorff Barnett of Wilkes Brooks of Oglethorpe Chandler Clarke of Monroe Conner Dorminy Dunn Fitzgerald Flynt Fowler of Treutlen

Johnson Kimmons Matthews of Colquitt Melton Newton Otwell Pannell Payton Pelham Rodgers of Charlton Rowland

Singer Stevens Strickland Taylor of Decatur Todd Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 63, nays 111.

The amendment to the Committee substitute was lost.

Mr. Brooks of Fulton and Fleming of Richmond offered the following amendment to the Committee substitute:
Fleming of Richmond and Brooks of Fulton move to amend HB 228 (Committee substitute) as follows:
By striking from Section 1 thereof the words "generally found" where they appear on line 5 of Section 1 and where they appear on next to the last line in Section 1, page 2, of said Bill, and in serting in lieu thereof the words "normally performed by said employee".
And by adding on page 3 of said Bill, line 5, after the word "is" and before the word "engaged" the words "ordinarily and usually", and, further
By adding on page 3 of said Bill in line 10, after the word "shall" and before the word "be" the word "also".

644

JOURNAL OF THE HOUSE,

On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Ballard Barber Barrett Blalock Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Budd Bynum Crawford Crowe Culpepper Dickey Dunn Fleming Flexer Floyd Fordham Greene Hale Hull Jones of Liberty Kelly

Kidd Killian King Lee of Clayton Loggins Lokey Matthews of Clarke McClelland McGarity Mixon Morgan Murphy Odom Otwell Paris Parker of Screven Parker of Ware Phillips of Bibb Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland

Those voting in the negative were Messrs.:

Abney Adams Andrews of Stephens Barnett of Baker Baughman Birdsong Black Boggs Bolton Boyett Bozeman Branch Brantley Brown Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker

Collins Cox Davis Been Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Echols Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard

Sangster Scarborough Shuman Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Taylor of Dawson Teague Thornton Vaughn Walker of Lowndes Walker of Telfair Wells of Peach White Williams of Coffee Williams of Hall Willingham Wilson Young
Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay Massee

MONDAY, JANUARY 29, 1962

645

McCutchen McDonald Milhollin Moate Moore Moorman Morris Moss Mullis NeSmith Parker of Appling Farmer

Phillips of Columbia Phillips of Walton Pickard Poole Purcell Rutland Scoggin Sheffield Sinclair Smith of Grady Stuckey Tabb

Tamplin Taylor of Bibb Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Ware Watson Wells of Camden

Those not voting were Messrs.:

Arnsdorff Barnett of Wilkes Brooks of Oglethorpe Chandler Clarke of Monroe Conner Fitzgerald Flynt Fowler of Treutlen Hodges Johnson

Kimmons Matthews of Colquitt McCracken Melton Miller Newton Pannell Payton Pelham Roper Singer

Stevens Strickland Taylor of Decatur Todd Wells of Oconee Wickham Wilkes Woodward Mr. Speaker

On the adoption of the amendment to the Committee substitute the ayes were 76, nays 98.

The amendment to the Committee substitute was lost.

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

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Stephens Arnsdorff Barber

Barnett of Baker Baughman Birdsong Black Blalock

Bolton Bowen of Randolph Boyett Bozeman

646

JOURNAL OF THE HOUSE,

Branch Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Davis Deen Dicus Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Echols Flexer Floyd Fordham Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Hurst

Joiner Jones of Worth Jones of Lumpldn Jones of Sumter Jordan Keyton Kidd Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Milhollin Miller Moate Moore Moorman Morgan Morris NeSmith Newton Otwell Parker of Appling

Farmer Phillips of Columbia Pickard Poole Potts Purcell Rainey Roper Rowland Rutland Scoggin Sheffield Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Young

Those voting in the negative were Messrs.:

Akins Andrews of Hall Ballard Barrett Bowen of Toombs Brackin Brooks of Fulton Crawford Crowe Culpepper Dickey Dunn Fleming

Greene Jones of Liberty Keadle Kelly King Loggins McGarity Mixon Moss Murphy Odom Pannell Paris

Parker of Screven Parker of Ware Payton Phillips of Walton Phillips of Bibb Raulerson Roberts Rodgers of Charlton Rogers of Paulding Ross Sangster Scarborough Shuman

MONDAY, JANUARY 29, 1962

647

Simpson Smith of Brantley Stevens Taylor of Dawson

Teague Thornton Walker of Lowndes Walker of Telfair

White Willingham Wilson Woodward

Those not voting were Messrs.:

Barnett of Wilkes Chandler Clarke of Monroe Conner Fitzgerald Plynt Fowler of Treutlen

Hodges Johnson Kimmons Melton Mullis Pelham Singer

Taylor of Decatur Todd Wickham Wilkes Williams of Hall Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 134, nays 51.

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

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

648

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 30, 1962

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. L. E. Ghoulson, Pastor, Dawson Methodist Church, Dawson, Ga.
"Almighty God, unto whom all hearts are open, all desires known, from whom no secrets are hid; cleanse the thoughts of our hearts by the inspiration of Thy Holy Spirit, that we may be found using our time, our talents, and our strength that we may keep our passions and our base desires so under control that Thy goodness may show through the work we do this day. Then shall we be true workmen of Thine."
In His name we pray. Amen.

The roll call was ordered and the following members answered to their names:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton

Brown Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Cox Crawford Crowe Culpepper Davis Dickey Dollar Dorminy Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt

Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Harrell Henderson Hill Hodges Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian

TUESDAY, JANUARY 30, 1962

649

Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McGarity Milhollin Miller Mixon Moate Moorman Morgan Morris Moss Mullis Murphy NeSmith Odom

Otwall Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis

Stevens Story Striekland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Budd Chandler Collins Conner Deen Dicus Doster Duncan of Carroll Fowler of Treutlen
Fuqua

Hall of Floyd Lee of Clinch Lowrey McClelland McDonald Melton Moore Newton
Pannell Payton

Pickard Scarborough Scoggin Smith of Fulton Taylor of Decatur Wells of Camden Woodward Mr. Speaker

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

650

JOURNAL OF THE HOUSE,

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 6. Third Reading and passage of local uncontested Bills 6. First reading and reference of Senate Bills and Resolutions 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Mr. Hill of Meriwether asked unanimous consent that the following Bill of the House be recommitted and the consent was granted.

HB 924. By Messrs. NeSmith of Meriwether, Cocke of Terrell; and others:
A Bill to be entitled an Act to provide for appointment and removal of members of local authorities; and for other purposes.
HB 924. was recommitted to the Committee on State of Republic.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Rule of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 500. Rule 34A. Do Pass.

Respectfully submitted,

Twitty of Mitchell,

Chairman.

By unanimous consent, the following Resolution of the House was read: HR 500. By Mr. Smith of Emanuel:
A RESOLUTION
Amending the Rules of the House; and for other purposes.

TUESDAY, JANUARY 30, 1962

651

BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the Rules of the House are hereby amended by adding a new Rule to be known as Rule 34A to read as follows:

"Rule 34A. No person shall enter the gallery of the Hall of the House of Representatives unless such person has been issued a card by the Speaker authorizing such person to enter said gallery. Such card must be signed by the Speaker and must be displayed by such person to the doorkeeper of the gallery. The Speaker is hereby authorized to revoke any card issued by him."

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Baker Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Brantley Brown Budd Bynum Caldwsll Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Dickey

Duncan of Fannin Dunn Echols Fitzgerald Flexer Flynt Fowler of Douglas Funk
Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Killian Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey

Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt Milhollin Miller Moate Moore Morris Mullis Murphy NeSmith Newton Otwell Paris Parker of Screven Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rogers of Paulding
Roper Rowland Rutland Sangster Scoggin Shuman Simmons Simpson

652

JOURNAL OF THE HOUSE,

Sinclair Singer Smith of Grady Smith of Brantley Smith of Pulton Smith of Habersham Smith of Whitfield Stevens Story Strickland Stuckey

Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor

Vaughn Waldrop Walker of Telfair Watson Wells of Oconoe Wells of Camden Wickham Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Barnett of Wilkes Barrett Baughman Birdsong Bozeman Brooks of Oglethorpe Brooks of Fulton Busbee Chandler Conner Davis Deen Dicus Dollar Dorminy Doster Dunean of Carroll Fleming Floyd Fordham Fowler of Treutlen Fuqua

Greene Hale Hodges Horton Howard Hull Hurst Keyton Kidd Killingsworth Lee of Clinch Mackay McClelland McCracken McCutchen McDonald McGarity Melton Mixon Moorman Morgan Moss

Odom Pannell Parker of Ware Parker of Appling Farmer Payton Pickard Raulerson Ross Scarborough Sheffield Steis Tabb Taylor of Decatur Teague Walker of Lowndes Ware Wells of Peach White Wilkes Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 137, nays 0.

The Resolution, was adopted.

Mr. Dorminy of Ben Hill stated that he was absent from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye".
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 951. By Mr. Ross of Lincoln: A Bill to be entitled an Act to amend an Act providing compensation for the Treasurer of Lincoln County; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, JANUARY 30, 1962

653

HB 952. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lincoln County, so as to change the compensation of the Chairman of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 953. By Mr. Cocke of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson; to provide for the annexation of certain territory; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 954. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver of Dade County and creating the Office of Tax Commissioner of Dade County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 955. By Mr. Young of Turner:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Ashburn relating to the closing of a certain street; and for other purposes.
Referred to the Committee on Local Affairs.

HB 956. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to amend an Act concerning the definition of beneficiary or beneficiaries; to include trusts in connection with the provisions and powers of said Act; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 957. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Tennille so as to change the corporate limits of the City of Tennille; and for other purposes.
Referred to the Committee on Local Affairs.

HR 481-957. By Mr. Walker of Telfair: A Resolution to compensate J. D. Williams; and for other purposes.
Referred to the Committee on Appropriations.

654

JOURNAL OF THE HOUSE,

HE 482-957. By Mr. McCutchen of Gilmer:
A Resolution proposing an amendment to the Constitution so as to create the Gilmer County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 483-957. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Hall County to establish districts for the purpose of building, erecting, estab lishing, maintaining and operating storm sewers, and a system of garbage collection within said county; and for other purposes.
Referred to the Committee on Local Affairs.

HR 484-957. By Mr. Budd of Lowndes:
A Resolution to compensate Mrs. Christine P. King; and for other purposes.
Referred to the Committee on Appropriations.

HR 485-957. By Messrs. Smith of Habersham, Williams of Hall, and Roberts of Jones:
A Resolution proposing an amendment to the Constitution allowing all new industrial and ad valorem tax exemption for a period of time not exceeding five years from the date of building of such industry; and for other purposes.
Referred to the Committee on Ways and Means.

HR 486-957. By Mr. Simpson of Wheeler:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Wheeler County by the County Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

HR 487-957. By Mr. Barnett of Wilkes:
A Resolution proposing an amendment to the Constitution so as to create the Washington-Wilkes Payroll Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, JANUARY 30, 1962

655

HB 958. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes.
Referred to the Committee on Judiciary.

HB 959. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend an Act relating to the "Motor Fuel Tax Law", by redefining the terms upon which the present tax of 1 cent per gallon shall be levied upon kerosene, and by providing that such tax shall be allowed as a credit when such kerosene is subsequently sold as a motor fuel; and for other purposes.
Referred to the Committee on Ways and Means.

HB 960. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to provide for retirement of certain em ployees of Chattahoochee County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 961. By Messrs. Flexer of Glynn, Bolton of Spalding and Brown of Hart:
A Bill to be entitled an Act to provide that pre-marital contracts shall be valid and enforceable; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 488-961. By Mr. Todd of Glascock:
A Resolution proposing an amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for purposes therein stated; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 489-961. By Mr. Been of Bacon:
A Resolution proposing an amendment to the Constitution so as to create the Bacon Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 962. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Thomaston, so as to provide for the election of six

656

JOURNAL OP THE HOUSE,

members of the Council of the City of Thomaston; and for other pur poses.
Referred to the Committee on Local Affairs.

HR 490-962. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Louisville to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and expanding agriculture, trade and commerce therein and in Jefferson County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 963. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Monroe, so as to establish a reserve capital improve ment fund out of the Water, Light and Gas receipts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 964. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to amend an Act creating a Charter for the government for the City of Rome by extending the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 965. By Messrs. Scoggin, Lowrey and Hall of Floyd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Rome; by authorizing the City of Rome to operate a public transportation system with the City of Rome; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 491-965. By Messrs. Scoggin, Lowrey and Hall of Floyd: A Resolution proposing an amendment to the Constitution to create the Rome-Floyd County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 966. By Mr. Moore of Polk: A Bill to be entitled an Act to amend an Act creating a new Charter

TUESDAY, JANUARY 30, 1962

657

for the City of Cedartown, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 967. By Messrs. Jones and Undercofler of Sumter: A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in the County of Sumter, the Clerk of the Superior Court and the Clerk of the City Court; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 968. By Messrs. Caldwell and Echols of Upson: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Thomaston, so as to change and extend the present corporate limits and to describe new territory to become a part of the City of Thomaston; and for other purposes.
Referred to the Committee on Local Affairs.
HR 493-968. By Mr. Rutland of DeKalb: A Resolution to compensate D. A. Kelly; and for other purposes.
Referred to the Committee on Appropriations.

HR 494-968. By Messrs. Jones and Undercofler of Sumter:
A Resolution authorizing the transfer of certain real property located in Americus, Sumter County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 969. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County; to provide for an annual audit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 970. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in Glynn County, so as to provide for education beyond the high school level; and for other purposes.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

HR 495-970. By Messrs. Willingham, Wilson and Teague of Cobb:
A Resolution authorizing the State Highway Department to compensate Mr. Harold R. Rhodes; and for other purposes.
Referred to the Committee on Appropriations.

HR 496-970. By Messrs. Willingham, Wilson and Teague of Cobb:
A Resolution authorizing the State Highway Department to compensate Mr. LaFayette Brown Reece; and for other purposes.
Referred to the Committee on Appropriations.

HR 497-970. By Messrs. Willingham, Wilson and Teague of Cobb:
A Resolution authorizing the State Highway Department to compensate Mrs. Ruby Bryant Daniel; and for other purposes.
Referred to the Committee on Appropriations.

HR 498-970. By Messrs. Willingham, Wilson and Teague of Cobb:
A Resolution authorizing the State Highway Department to compensate Harley E. Carpenter; and for other purposes.
Referred to the Committee on Appropriations.

HR 499-970. By Mr. Parker of Ware:

*

A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions; and for other purposes.

Referred to the Committee on State of Republic.

HB 971. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools and other State sup ported schools, so as to provide for a refund of monies paid by certain members who qualified for prior service; and for other purposes.
Referred to the Committee on Education.
HB 972. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating a Teachers' Retirement System, so as to provide that a member who has re-estab lished previous credits by paying into the retirement system, prior to retirement, total contributions equal to 10% of such compensation as the

TUESDAY, JANUARY 30, 1962

659

teacher received during those years for which the member desires to establish previous credit, may receive a refund of such payments from the retirement system; and for other purposes.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 936. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act to provide for a credit against income taxes in amount paid for certain machinery; and for other purposes.

HB 937. By Mr. Underwood of Montgomery: A Bill to be entitled an Act to authorize and empower the Governor to assume jurisdiction over State Highways for the purpose of enforcing the traffic laws of this State; and for other purposes.
HB 938. By Messrs. Matthews and Cox of Clarke: A Bill to be entitled an Act to amend the Charter of the Town of Athens; to authorize the Mayor and Council of the City of Athens to close all or any part of any public street located within the corporate limits of the City of Athens; and for other purposes.
HB 939. By Messrs. Matthews and Cox of Clarke: A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Athens, so as to provide that the Mayor and Council shall have authority to prescribe by ordinance a method for casting absentee ballots; and for other purposes.
HB 940. By Messrs. Matthews and Cox of Clarke: A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Athens, so as to redefine the corporate limits of the City of Athens; to redefine the boundaries of the wards of said city; and for other purposes.
HB 941. By Messrs. Twitty of Mitchell and Underwood of Montgomery: A Bill to be entitled an Act to amend an Act relating to the duties of Supervisor of Purchases, so as to remove requirement that the Super visor of Purchases do procure fidelity bonds covering State employees; and for other purposes.

660

JOURNAL OP THE HOUSE,

HB 942. By Messrs. Underwood of Montgomery, Andrews of Hall and Moore of Polk:
A Bill to be entitled an Act to prohibit any elected or appointed State Official from printing or causing to be printed by any means material which bears the name of such official thereon and which is paid for by State funds; and for other purposes.

HR 474-942. By Mr. McDonald of White:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic to be known as the "White County Indus trial Building Authority", and for other purposes.

HB 943. By Messrs. McGarity of Henry, Rowland of Johnson, Payton of Coweta, Baughman of Early, Taylor of Dawson and many others:
A Bill to be entitled an Act to amend an Act relating to automobile and mileage allowances for State employees; to fix mileage for use of personal automobiles utilized in performing services of the State; that officers and employees required to travel by public transportation be reimbursed for necessary and actual expenses; and for other purposes.

HB 944. By Messrs. Wickham of Muscogee, Kidd of Baldwin, Crawford of Chat ham, Singer of Stewart, Jones of Liberty and others:
A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers' Sales and Use Tax Act; providing for exemption from the tax provisions of said Act, capital expenditures of Industry, and providing for exemption of farm and agricultural equipment; and for other pur poses.

HB 945. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of notice from a law enforcement officer that such facilities are used for illegal purposes; and for other purposes.

HB 946. By Mr. Newton of Colquitt: A Bill to be entitled an Act to regulate the sale of animal remedies; and for other purposes.
HB 947. By Messrs. Ware and Birdsong of Troup: A Bill to be entitled an Act to create the Civil and Criminal Court of Troup County in lieu of the City Court of LaGrange; and for other purposes.

TUESDAY, JANUARY 30, 1962

661

HR 478-946. By Messrs. Milhollin and Williams of Coffee:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the Board of Education of Coffee County by the people; and for other purposes.

HB 948. By Messrs. Thornton of Bibb and Hale of Bade:
A Bill to be entitled an Act to amend an Act providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement; and for other purposes.
HB 949. By Messrs. Thornton of Bibb and Hale of Bade:
A Bill to be entitled an Act to amend an Act relating to the prisoner's statement in criminal trials and the procedure connected therewith, so as to permit the accused to testify; and for other purposes.

HB 950. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," so as to provide that the sale of machinery for new and expanded industry or agriculture shall be taxed at the rate of 1% of the sales value; and for other pur poses.
HR 479-950. By Messrs. Mackay, Rutland and Howard of DeKalb, Phillips, Taylor and Thornton of Bibb, Wickham and Bicus of Muscogee, M. Smith, Brooks and McClelland of Fulton and others:
A Resolution proposing an amendment to the Constitution so as to provide that it shall be the duty of the General Assembly to reapportion the Senate after the ratification of this amendment and after each decennial census thereafter; to provide that upon the failure of the General Assembly to act within a specified time a Reapportionment Commission consisting of the Governor, the Attorney-General, the Secre tary of State, the President of the Senate and Speaker of the House shall have the duty to reapportion the Senate; and for other purposes.

HR 480-950. By Mr. Barber of Jackson: A Resolution to compensate Grady Haggard; and for other purposes.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Tuesday, January 30, 1962, and submits the following:
1. HB 243. Admission to practice law

662

JOURNAL OF THE HOUSE,

2. HB 269. State Examining Board, additional points, (p.p.) 3. HB 358. Worthless checks 4. HB 389. Housing Authorities, bonds 5. HB 392. Peace Officers, Benefit Fund 6. HB 467. Custody of children 7. HB 723. Candidates in General Election, fee 8. HE 349-737. Ernest Vandiver Highway 9. HB 753. Practice of Law, definition 10. HB 754. Divorce, insane person 11. HR 359-755. Oglethorpe Bridge 12. HB 786. Procedure in court 13. HB 787. Security law, appropriation 14. HB 790. Time for qualifying (p.p.) 15. HB 875. Motor Carrier, amend 16. HB 883. Title Act, appropriation 17. HB 885. Weights and measures 18. HB 906. Agricultural products, eggs 19. HB 629. Relief of disabilities 20. HB 755. Estates, certain funds 21. HB 782. Administer estate 22. HB 773. Natural guardian, appointment 23. HB 656. Examinations, Veterans extra points 24. HB 765. State Board of Medical Examiners 25. HR 371-768. Governor's Veto, amend 26. HR 430-907. Conveyance of property

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Respectfully submitted,
Undercofler of Sumter, Secretary.

TUESDAY, JANUARY 30, 1962

663

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations 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 House with the following recommendations:
HR 369-766. Do Pass, As Amended. HR 367-766. Do Pass, As Amended. HR 368-766. Do Pass. HR 402-822. Do Pass. HB 784. Do Pass by Comm. Sub. HB 809. Do Pass by Comm. Sub.
Respectfully submitted,

Smith of Grady, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
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 House with the following recommendations:
HB 126. Do Pass by Substitute.
Respectfully submitted,
Hall of Floyd, Chairman.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the

664

JOURNAL OP THE HOUSE,

following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 870. Do Pass. SB 213. Do Pass.
Respectfully submitted, Barber of Jackson, Chairman.

Mr. Pickard of Muscogee County, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 800. Do Pass.

Respectfully submitted,

Pickard of Muscogee,

Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 461-922. Do Pass.

HR 431-909. Do Pass.

HR 430-907. Do Pass.

Respectfully submitted,

Cox of Clarke,

Chairman.

Mr. Caldwell of Upson County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following

TUESDAY, JANUARY 30, 1962

665

Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 556. Do Pass.

HB

81. Do Pass by Comm. Sub.

HB 882. Do Pass.

HB 798. Do Pass by Comm. Sub.

HB 861. Do Pass.

HB 862. Do Pass.

HR 187-599. Do Pass.

Respectfully submitted,

Caldwell of Upson,

Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tions of the House and Senate and has instructed me as Secretary, to report the same back to the House with the following recommendations:
HR 459-922. Do Pass. SR 104. Do Pass. SR 111. Do Pass.
Respectfully submitted, Undercofler of Sumter, Secretary.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 466. Do Pass by Substitute. HB 933. Do Pass. HR 424-891. Do Pass.

666

JOURNAL OP THE HOUSE,

HR 420-875. Do Pass. HB 924. Do Pass. HB 769. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to-wit:
SB 173. By Senator Overby of the 33rd: A Bill to amend Code Chapter 84-11, relating to Optometry, as amended; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:

SR 125. By Senator Sanders of the 18th:
A Resolution expressing appreciation to the Louisville and Nashville Railroad for the restoration of the locomotive "General"; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to-wit:

TUESDAY, JANUARY 30, 1962

667

SB 216. By Senator Grayson of the 1st:
A Bill to amend an Act creating the Chatham County Pension Board, approved March 29, 1937 (Ga. L. 1937, pp. 1273 to 1282), as amended by the several amendatory Acts thereto; and for other purposes.

SB 218. By Senator Towson of the 16th:
A Bill to amend an Act establishing the City Court of Dublin, approved Dec. 6, 1900 (Ga. Laws 1900, p. 117), as amended; and for other pur poses.

SB 219. By Senator Towson of the 16th:
A Bill to repeal an Act providing the hours of holding elections in counties having a population of 31,050 to 33,050, according to the census of 1950 or any future census, approved March 13, 1957 (Ga. Laws 1957, p. 3174); to repeal conflicting laws; and for other purposes.

SB 165. By Senator Sanders of the 18th:
A Bill to amend an Act known as the "Georgia Rural Roads Authority Act", approved February 8, 1955, (Ga. Laws 1955, p. 124), so as to provide that roads constructed pursuant to the provisions of said Act shall be maintained by the State instead of the counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Bills of the Senate to-wit:

SB 210. By Senator Peterson of the 15th, Senator Newton of the 17th and others:
A Bill to provide that any member of a County political party execu tive committee who participates as such in arranging or holding a political party primary election shall be ineligible to be a candidate for nomination to any office therein, except for membership on such execu tive committee; to provide that this Act shall not apply in counties where there is no primary election for county officers or for representa tives to the General Assembly; to repeal conflicting laws; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:

668

JOURNAL OF THE HOUSE,

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett:
A Bill to amend an Act regulating the sale of fireworks, approved March 7, 1955, (Ga. Laws 1955, p. 550), as amended by an Act approved March 9, 1956, (Ga. Laws 1956, p. 732), so as to remove certain exceptions to the provisions of said Act; to repeal conflicting laws; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:

HB 758. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to amend an Act establishing a new Charter for the City of Atlanta, relating to annexation of territory; and for other purposes.

HB 772. By Messrs. Ware and Birdsong of Troup:
A Bill to amend an Act creating a new Charter for the City of Hogansville, so as to extend the corporate limits; and for other purposes.

HB 775. By Mr. Barnett of Wilkes:
A Bill to amend an Act which created a new Charter to the City of Washington; and for other purposes.

HB 776. By Messrs. Hodges and Parker of Ware: A Bill to amend an Act to provide and establish a new Charter for the City of Waycross, so as to extend the City limits; and for other purposes.
HB 777. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Bill to amend the Charter of the City of Columbus, vesting power and authority in the City to delegate to the Board of Managers of the City Hospital of the City the right to contract for expenditures for capital improvements; and for other purposes.
HB 778. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Bill to amend an Act relating to the South Commons of the City of Columbus, and relating to the authority of the City of Columbus to lease,

TUESDAY, JANUARY 30, 1962

669

sell, or divert to uses other than park or playground purposes the por tions of the South Commons therein described; and for other purposes.

HB 779. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Bill to amend the Charter of the City of Columbus, relating to elec tions; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:

HB 780. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to amend the Charter of the City of Columbus, authorizing the creation of an Executive Board Emeritus; and for other purposes.

HR 427. By Messrs. Smith of Emanuel, Twitty of Mitchell and Busbee of Dougherty:
A Resolution extending an invitation to the Georgia Congressional Dele gation to appear before a joint session of the House and Senate; and for other purposes.

HR 439. By Messrs. Steis of Harris, Payton and Potts of Coweta and Hill of Meri wether:
A Resolution calling a joint session of the House and Senate for the purpose of allowing the Honorable John J. Plynt, Jr., to make a special presentation; and for other purposes.

HR 441. By Messrs. Boyett and Smith of Whitfield, McCutchen of Gilmer, Matthews and Cox of Clarke and Smith of Emanuel:
A Resolution expressing regrets at the passing of Miss Chrissie McCutchen; and for other purposes.

HR 442. By Messrs. Smith of Emanuel, Cox and Matthews of Clarke, Twitty of Mitchell and Phillips of Walton:
A Resolution expressing regrets at the passing of A. Morris Kelly; and for other purposes.

670

JOURNAL OF THE HOUSE,

HR 443. By Messrs. Lee and Blalock of Clayton:
A Resolution commending Brigadier General R. C. Kyser; and for other purposes.

HR 444. By Mr. Smith of Emanuel: A Resolution relative to United States Bonds; and for other purposes.
HR 458. By Mr. Smith of Emanuel: A Resolution expressing thanks to Hon. Ed Hiles and the Georgia Sav ings and Loan League; and for other purposes.
HR 476. By Messrs. Kidd and Chandler of Baldwin: A Resolution calling for a joint session of the House and Senate for the purpose of accepting a portrait of the Hon. Carl Vinson; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 892. By Mr. Steis of Harris: A Bill to be entitled an Act to amend an Act placing the Sheriff of Harris County on a salary system in lieu of a fee system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 894. By Messrs. Smith of Whitfield and Boyett of Whitfield: A Bill to be entitled an Act to amend an Act to creat the office of Commissioner of Roads and Revenues of Whitfield County; and for other purposes.
The report of the Committee, which was favorable to the j>assage of the Bill, was agreed to.

TUESDAY, JANUARY 30, 1962

671

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 899. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Washington, so as to change the terms of office of the County Commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 901. By Messrs. Smith and Boyett of Whitfield: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Whitfield; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 902. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act creating a retirement benefit fund for the employees of Burke County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

672

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 903. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Burke, so as to change compensation of the members of said Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 904. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act creating the City Court of Waynesboro in Burke County, so as to change the salary of the Judge of the City Court of Waynesboro; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 905. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Banks County, so as to provide a change in the meeting date of the Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, JANUARY 30, 1962

673

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 908. By Messrs. Parker and Hodges of Ware: A Bill to be entitled an Act to amend Code Section 21-105 of the Code relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 913. By Messrs. Pordham and Lane of Bulloch: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee System, so as to change the compensation of the Deputy Clerk and the Docket Clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 916. By Mr. Clarke of Monroe: A Bill to be entitled an Act to amend an Act creating the Office of; Tax Commissioner of Monroe County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

674

JOURNAL OF THE HOUSE,

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

SB 185. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, so as to change the compensation of said Commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

By unanimous consent the following Bills of the House were taken up for the purposes of considering the Senate amendments thereto:

HB 250. By Messrs. Scoggin of Floyd, Ballard of Newton, Kidd of Baldwin; and others:
A Bill to be entitled an Act to safeguard the public health and promote the public welfare by requiring a permit to operate, maintain, open or establish a pharmacy, drug store or establishment that manufactures drugs, medicines, toilet articles or related items; and for other purposes.

The following Senate amendment was read:
Health and Welfare Committee moves to amend HB 250, as follows: By adding to Section 10 of said Bill the following paragraph:
"Any person, firm, corporation, co-partnership or permittee that is refused a permit, or whose permit is revoked or suspended by the Board, shall be entitled to appeal to a jury in Superior Court of the county in which the business is located, said appeal to be had as in other cases provided by law upon payment of costs or the making of the affidavit in lieu thereof as provided by law in other cases. Service shall be perfected as now required by law in civil actions and the Board shall submit to the jurisdiction of said court."

Mr. Scoggin of Floyd moved that the House agree to the Senate amendment.

On the motion to agree to the Senate amendment to HB 250, the roll call was ordered and the vote was as follows:

TUESDAY, JANUARY 30, 1962

675

Those voting in the affirmative were Messrs.

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Black Blalock Bowen of Randolph Bowen of Toombs Boyett Branch Brantley Brooks of Oglethorpe Brown
Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Collins Crawford Crowe Culpepper Davis Dollar Duncan of Fannin Dunn Fitzgerald Flexer Flynt Fuqua Greene Hale Hall of Lee
Hall of Floyd Harrell

Henderson Johnson Joiner Jones of Lumpkin Jones of Sumter Jordan Keyton Killian Kimmons King Kirkland Knight of Berrien
Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lowrey Massee Matthews of Clarke McClelland McCracken McCutchen Milhollin Mixon Moore Moorman Morgan Morris Moss Mullis Murphy Odom Pannell Paris Parker of Screven Parker of Ware
Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Pools

Purcell Rainey Raulerson Roberts .Rodgers of Charlton Roper Rutland Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb
Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Ware Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Willingham Wilson

Those not voting were Messrs. :

Andrews of Hall Barrett Birdsong Boggs Bolton Bozeman Brackin

Brooks of Fulton Chandler Cocke Coker Conner Cox Deen

Dickey Dicus Dorminy Doster Duncan of Carrol! Echols Fleming

676

JOURNAL OF THE HOUSE,

Ployd Fordham Fowler of Douglas Fowler of Treutlen Funk
Hill Hodges Horton Howard Hull Hurst Jones of Liberty Jones of Worth Keadle Kelly Kidd Killingsworth Knight of Laurens Loggins

Lokey Lovett Mackay Matthews of Colquitt McDonald McGarity Melton Miller Moate NeSmith Newton Otwell Parker of Appling Farmer Payton Potts Rogers of Paulding Ross Rowland

Sangster Scarborough Sheffield Singer Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Teague Vaughn Walker of Lowndes
Walker of Telfair Watson Wilkes Woodward Young Mr. Speaker

On the motion to agree, the ayes were 129, nays 0.

The Senate amendment to HB 250 was agreed to.

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett:
A Bill to be entitled an Act to amend an Act regulating the sale of fireworks, so as to remove certain exceptions to the provisions of said Act; and for other purposes.

The following Senate amendments were read:
Senator Oscar E. Raynor of the 4th District moves to amend HB 9 as follows:
By adding in the title before the words "To repeal conflicting laws" the words "To provide an effective date".
By adding a new section to be known as Section 8A to read as follows:
"This Act shall become effective July 20, 1962".
Senator Knox of the 54th moves to amend HB 9 as follows:
By adding at the end of Section 4 a new paragraph to be numbered paragraph (4) to read as follows:

TUESDAY, JANUARY 30, 1962

677

"(4) The manufacturing, wholesaling and storing of fireworks for out of state shipment and the sale of such fireworks, as are not herein prohibited, by any resident manufacturer or wholesaler."

Mr. Barber of Jackson moved that the House disagree to the Senate amend ments and the motion prevailed.

The Senate amendments to HB 9 were disagreed to.

By unanimous consent, the following Resolutions of the House and Senate were read and referred to the Committee on Rules:

HR 518. By Mr. Sangster of Dooly:
A RESOLUTION
Declaring October 15th as Poetry Day; and for other purposes.
WHEREAS, the citizens of Georgia are increasingly aware of the importance of poetry in cultural development; and
WHEREAS, the poets of Georgia from the time of Sidney Lanier to the present have achieved national recognition for their abilities to inspire others through the medium of poetry; and
WHEREAS, for the past ten years, the citizens of Georgia have joined the citizens of more than forty states in observing "National Poetry Day";
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that October 15th of each year shall be known as "Poetry Day" in Georgia, and all citizens are requested to observe this day with appropriate ceremonies to emphasize the value of poetry in the education of our children and for the entertainment and edification of our people.

HR 519. By Messrs. Newton and Matthews of Colquitt:
A RESOLUTION
Relative to driver education training in high schools; and for other purposes.
WHEREAS, the current driver education training in the high schools of this State is beneficial in that the students receiving training

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thereunder develop good driving habits and are adequately and thor oughly schooled in driver safety; and

WHEREAS, the age of the young people now in school has increased in that many of the students are eligible to receive drivers' learners' licenses prior to their graduation; and

WHEREAS, the maximum driver training would benefit the people of this State by providing better and more capable drivers;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Education, the Department of Public Safety, automobile dealers and automobile manu facturers cooperate in improving and expanding the driver training program so as to include the maximum driver training education in the high schools of this State to those students eligible to obtain learner's licenses.

BE IT FURTHER RESOLVED that every effort be made to pro vide Driver Education available to each student eligible to obtain a learners' license and that each high school provide such training.

HR 520. By Mr. Newton of Colquitt:
A RESOLUTION
Relative to hog cholera eradication; and for other purposes.
WHEREAS, the State of Georgia is now in the process of engaging in an accelerated program for the eradication of hog cholera, and
WHEREAS, with the accelerated program, development of diag nostic methods and procedures, and concentrated effort, this eradication could be accomplished in the foreseeable future, and
WHEREAS, the interstate movement of hogs between Georgia and the surrounding States presents a serious and difficult control problem, and to fail to take appropriate measures would jeopardize the eradica tion of hog cholera in this State, and
WHEREAS, it is desirable and essential that the adjoining States participate in the eradication of hog cholera and take the necessary action to accomplish such eradication and control to the end that hog cholera will be completely eradicated,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, that the States adjoining the State of Georgia be requested through their Legislative Bodies, Executive Officers, Departments of Agriculture and similar State agencies, to take the necessary action to eradicate hog cholera and to cooperate with the officials of the State of Georgia in controlling

TUESDAY, JANUARY 30, 1962

679

the introduction and spread of hog chlorea so as to avoid reinfestation subsequent to eradication.

BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Presiding Officers of each branch of the General Assemblies of the States of Alabama, Tennessee, North Carolina, South Carolina and Florida, to the Commissioners of Agriculture of such States or to the persons performing such duties; and to the Governors of said States.

HR 521. By Messrs. Barrett of Cherokee, Andrews of Stephens and others:
A RESOLUTION
Commending Representative Charles A. Pannell of Murray County; and for other purposes.
WHEREAS, pursuant to Senate Resolution No. 75, a joint commit tee was appointed to study the budget and financial administration of the State; and
WHEREAS, Honorable Charles A. Pannell of Chatsworth, Repre sentative from Murray County was elected Chairman of said joint com mittee; and
WHEREAS, Honorable Charles A. Pannell entered into his duties as Chairman of said joint committee with the most studious concentra tion and the highest sense of duty and with a most conscientious and honest attitude; and
WHEREAS, Honorable Charles A. Pannell has in the interim since the adjournment of the 1961 Session of the General Assembly con tributed his most valuable time and services to the work of said joint committee by spending an average of one day per week and often more days per week in working for said committee; and
WHEREAS, said Charles A. Pannell has foregone many civic en gagements of importance and has suffered his law practice to go un heeded in order to further pursue his duties as Chairman of said joint committee; and
WHEREAS, due to the perseverence and conscientiousness of Hon orable Charles A. Pannell in directing and guiding the work of said joint committee, said committee has produced a report which has been favorably received by both the Governor of this State and the General Assembly and which has directed the General Assembly to a course of action dedicated to the restitution of fully constitutional Government based on the principal of separations of powers; and
WHEREAS, such devotion to the welfare and program of the State should not go unrecognized by the members of the General Assembly.

680

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Charles A. Pannell of Chatsworth, Representative from Murray County and Chairman of the joint committee known as the Budget Study Committee be commended for his fine leadership, ceaseless devotion to duty and untiring efforts in working with the committee in preparing and presenting a report which, if acted upon by this body, will insure to the legislative organ of the State Government of Georgia its rightful place in the administration and organization of the State Government.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Honorable Charles A. Pannell.

SR 125. By Senator Sanders of the 18th:
A RESOLUTION
Expressing appreciation to the Louisville and Nashville Railroad for the restoration of the locomotive "General"; and for other purposes.
WHEREAS, James J. Andrews and a party of twenty-one, including twenty soldiers of the 2nd Ohio Regiment, did at the then-named town "Big Shanty", on the morning of April 12, 1862, sieze property of the State-owned Western and Atlantic Railroad, to wit, the locomotive "General"; and
WHEREAS, the raiding party did proceed northward from "Big Shanty', Georgia over the right of way of the Western and Atlantic Railroad for the purpose of committing acts of sabotage to hinder the wartime efforts of the Confederate States of America; and
WHEREAS, the persistent pursuit led by Captain William A. Fuller of Georgia did cause the raiders to abandon the stolen locomotive, the "General", without achieving any measure of success in their afore mentioned mission of sabotage; and
WHEREAS, in the past century this episode has achieved its rightful place as one of America's great railroad stories, and the loco motive "General" has become to the entire world a symbol of daring and courageous devotion to duty; and
WHEREAS, the Louisville and Nashville Railroad has restored this hisorical locomotive to its wartime appearance and full mechanical condition at great effort and expense to the railroad; and
WHEREAS, the debut of this historically significant locomotive is generously allowed by the Louisville and Nashville Railroad to take place in Georgia, at the site where the "Great Locomotive Chase" occurred, for the Centennial commemoration of the Andrews Raid;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the people of the State of Georgia,

TUESDAY, JANUARY 30, 1962

681

through their elected representatives in the General Assembly, express grateful appreciation to the Louisville and Nashville Railroad for the restoration of the "General", and for their cooperation with the Georgia Civil War Centennial Commission in the commemoration of an event that will reflect glory and distinction on our State forever.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit a suitable copy of this Resolution to the President of the Louisville and Nashville Railroad.

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 522. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to the Georgia Institute of Technology and officials thereof; and for other purposes.
WHEREAS, on January 29, 1962, the members of the General As sembly were entertained by the Georgia Institute of Technology, its President Dr. Edwin D. Harrison, and the Assistant to the President, Honorable Joe Guthridge, with a most interesting and enlightening tour of the Georgia Institute of Technology Campus; and
WHEREAS, in the evening, a delightful buffet supper was served, after which the members were guests at a fine basketball game between Georgia Tech and the University of Kentucky; and
WHEREAS, the entire affair was most enjoyable;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex pressed to Dr. Edwin D. Harrison, Honorable Joe Guthridge and the Georgia Institute of Technology and best wishes for a most successful future are hereby extended.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

HR 523. By Messrs. Ballard of Newton and Knight of Berrien:
A RESOLUTION
Providing for a joint meeting of the members of the House of Representatives and the Senate of the State of Georgia for the purpose

682

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of commending the Brunswick Corporation; and for the purpose of hear ing an address by certain officials of the Brunswick Corporation; and for other purposes.
WHEREAS, the Brunswick Corporation is a major employer in the State of Georgia; and
WHEREAS, said corporation manufactures golf balls, basket balls, footballs, and other inflated goods in their factory in Covington, Newton County, Georgia; and
WHEREAS, said corporation manufactures golf clubs in their fac tory in Albany, Dougherty County, Georgia; and
WHEREAS, said corporation manufactures boats in their factory in Nashville, Berrien County, Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Brunswick Corporation is com mended for being a major corporation in Georgia, and for being one of Georgia's leading citizens.
BE IT FURTHER RESOLVED that Mr. Richard Bennett, President of Brunswick Sports, Mr. S. P. Jacobson, Executive Vice-Pres. of the Brunswick Corporation, Mr. Casey Piper, Vice-Pres. Brunswick Sports and Mr. Dave Rowe, Manager of Management Operations for Brunswick Sports are cordially invited and welcomed to address the joint meeting of the members of the House of Representatives and Senate of the State of Georgia.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 165. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Rural Roads Authority Act", so as to provide that roads constructed pursuant to the provisions of said Act shall be maintained by the State instead of the counties; and for other purposes.
Referred to the Committee on Highways.

SB 173. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Code Chapter 84-11, relating to Optometry, as amended; and for other purposes.
Referred to the Committee on State of Republic.

SB 210. By Senators Peterson of the 15th, Newton of the 17th, and others: A Bill to be entitled an Act to provide that any member of a county

TUESDAY, JANUARY 30, 1962

683

political party executive committee who participates as such in ar ranging or holding a political party primary election shall be ineligible to be a candidate for nomination to any office therein, except for mem bership on such executive committee; and for other purposes.
Referred to the Committee on State of Republic.

SB 216. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating the Chatham County Pension Board, approved March 29, 1937 (Ga. L. 1937, pp. 1273 to 1282), as amended, by the several amendatory acts thereto; and for other purposes.
Referred to the Committee on Local Affairs.

SB 218. By Senator Towson of the 16th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Dublin, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended; and for other purposes.
Referred to the Committee on Local Affairs.

SB 219. By Senator Towson of the 16th:
A Bill to be entitled an Act to repeal an Act providing the hours of holding elections in counties having a population of 31,050 to 33,050, according to the census of 1950 or any future census; and for other purposes.
Referred to the Committee on Local Affairs.

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 430-907. By Mr. McCracken of Jefferson:
A Resolution authorizing the conveyance of certain property to the Town of Stapleton; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 108, nays 0.

684

JOURNAL OF THE HOUSE,

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

HB 875. By Messrs. Smith of Grady, Fowler of Douglas, Moate of Hancock, and others:
A Bill to be entitled an Act to amend Code Section 68-502, relating to the definitions used in the "Motor Carrier Act of 1931," and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Black Bolton Bowen of Randolph Bowen of Toombs Boyett Branch Brantley Brown Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Collins Crawford Crowe Culpepper Deen Dollar

Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Flynt Fordham Fowler of Douglas Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Johnson Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Killian King Kirkland

Knight of Laurens Knight of Berrien Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen Milhollin Mixon Moore Moorman Morgan Morris Moss Mullis Murphy Odom Parker of Screven Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Rainey Roberts

TUESDAY, JANUARY 30, 1962

685

Rodgers of Charlton Ross Rowland Rutland Shuman Simmons Sinclair Singer Smith of Grady Smith of Habersham Smith of Whitfield Steis Story

Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn

Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Wilson Woodward Young

Those not voting were Messrs.:

Barnett of Baker Birdsong Blalock Boggs Bozeman Brackin Brooks of Oglethorpe Brooks of Pulton Budd Chandler Cocke Coker Conner Cox Davis Dickey Dicus Fleming Floyd Fowler of Treutlen Funk Hodges Howard Hull Hurst

Jones of Lumpkin Kidd Killingsworth Kimmons Lane Langford Lee of Clinch Lokey Mackay McCracken McDonald McGarity Melton Miller Moate NeSmith Newton Otwell Pannell Paris Parker of Ware Parker of Appling Farmer Pelham Potts

Purcell Raulerson Rogers of Paulding Roper Sangster Scarborough Scoggin Sheffield Simpson Smith of Brantley Smith of Fulton Stevens Strickland Taylor of Decatur Teague Underwood Walker of Lowndes Ware Wickham Wilkes Williams of Hall Willingham Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 0.

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

HB 885. By Messrs. Bowen of Toombs, Arnsdorff of Effingham, Parker of Screven, and others:
A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for the standardization of mois ture testing equipment and for other purposes.

686

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Branch Brantley Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Conner Crawford Crowe Culpepper Been Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald

Flexer Flynt Fordham Fowler of Douglas Funk Hale Hall of Lee Harrell Henderson Hill Horton Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Killian King Kirkland Knight of Laurens Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lovett Massee Matthews of Colquitt McClelland McCutchen Milhollin Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton

Odom Pannell Paris Parker of Screven Pelham Phillips of Walton Poole Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Habersham Smith of Whitfield Steis Story Tamplin Taylor of Dawson Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Walker of Telfair Watson Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

TUESDAY, JANUARY 30, 1962

687

Those not voting were Messrs.:

Andrews of Hall Boggs Bozenian Brackin
Brooks of Oglethorpe Caldwell Cloer Coker Cox Davis Dicus Fleming Floyd Fowler of Treutlen Fuqua Greene Hall of Floyd Hodges Howard Hull Hurst Keyton Kidd Killingsworth

Kimmons Knight of Berrien Lane Langford Lee Lokey Lowrey Mackay Matthews of Clarke McCracken McDonald McGarity Melton Miller Otwell Parker of Ware Parker of Appling Farmer Payton Phillips of Columbia Phillips of Bibb Pickard Potts Purcell

Raulerson Rogers of Paulding Roper Ross Scarborough Scoggin Sheffield Smith of Brantley Smith of Fulton Stevens Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Underwood of Taylor Waldrop Walker of Telfair Ware Wickham Willingham Mr. Speaker

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Mr. Strickland of Evans stated that he was absent from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 885.

HB 906. By Messrs. Mixon of Irwin, Waldrop of Carroll and others: A Bill to be entitled an Act to amend an Act relating to the licensing and bonding of dealers in agricultural products, so as to include eggs within the definition of agricultural products, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the roll call was ordered and the vote was as follows:

688

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker
Barrett Baughman Black Blalock Bowen of Toombs Boyett Branch Budd Busbee Bynum Chandler Clark of Catoosa Clarke of Monroe Collins Conner Crawford Culpepper Davis Been Dickey Dollar Dorminy Doster Duncan of Fannin Dunn Echols Flexer Fordham Funk Hall of Lee Hall of Floyd Harrell Henderson

Horton Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Colquitt McClelland McCutchen Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Newton Odom Pannell Paris Parker of Screven Pelham Phillips of Columbia Phillips of Walton

Voting in the negative was Mr. Wilson.

Phillips of Bibb Poole Rainey Roberts Rodgers of Charlton Ross Rowland Sangster Shuman Simmons Simpson Sinclair Singer Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee Wells of Camden
White Wilkes Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Andrews of Hall Birdsong Boggs Bolton Bowen of Toombs Bozeman Brackin

Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Chance Cloer

Cocke Coker Cox Crowe Dicus Duncan of Carroll Fitzgerald

TUESDAY, JANUARY 30, 1962

689

Fleming
Floyd Plynt Fowler of Douglas Fowler of Treutlen Fuqua Greene Hale Hill Hodges Howard Hull Hurst Jones of Liberty Keyton Killingsworth Kimmons Knight of Laurens Knight of Berrien Lee of Clinch

Lokey Lovett Mackay Matthews of Clarke McCracken McDonald McGarity Melton Murphy NeSmith Otwell Parker of Ware Parker of Appling Farmer Payton Pickard Potts Purcell Raulerson Rogers of Paulding

Roper Rutland Scarborough Scoggin Sheffield Smith of Grady Smith of Brantley Smith of Fulton Stevens Tabb Taylor of Decatur Teague Tucker Underwood of Taylor Walker of Lowndes Ware Wickham Willingham Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 1.

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

HB 773. By Mr. Thornton of Bibb:
A Bill to be entitled an Act to amend Code Section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety, so as to provide that the father, if alive, unless otherwise provided, is a natural guardian, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes Barrett Black Boggs

Bolton Bowen of Randolph Boyett Bozeman Branch Brown

690

JOURNAL OF THE HOUSE,

Budd
Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Conner Crawford Crowe Culpepper Deen
Dickey Dollar Dorminy Duncan of Pannin Dunn Flexer Funk Hale Hall of Lee Hall of Floyd Henderson Horton Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd

Killian Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCracken McCutchen Milhollin Mixon Moate Moorman Morris Moss Mullis NeSmith Odom Otwell Pannell Paris Parker of Ware Parker of Appling Pelham Phillips of Bibb Pickard Poole Rainey Roberts Roper

Ross Rowland Sangster Shuman Simmons Simpson Sinclair Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Barnett of Baker Baughman Birdsong Blalock Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Cox Davis Dicus Doster Duncan of Carroll

Echols Fitzgerald Fleming Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Fuqua Greene Harrell Hill Hodges Howard Hull

Hurst Jones of Worth Keyton Killingsworth Kimmons King Knight Lane Lee of Clinch Lokey Matthews of Clarke McDonald McGarity Melton Miller

TUESDAY, JANUARY 30, 1962

691

Moore Morgan Murphy Newton Parker of Screven Farmer Payton Phillips of Columbia Phillips of Walton Potts Purcell

Raulerson Rodgers of Charltoen Rogers of Paulding Rutland Scarborough Scoggin Sheffield Singer Smith of Grady Smith of Brantley Smith of Pulton

Stuckey Tabb Taylor of Decatur Teague Underwood of
Montgomery Waldrop Ware Wickham Willingham Mr. Speaker

On the passage of the Bill, the ayes were 128, nays 0.

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

HB 755. By Mr. Bolton of Spalding:
A Bill to amend Code Section 113-2001 so as to provide that representa tion of estates shall be deemed to have collected certain funds which are required by law to be withheld by the person paying the same for tax purposes, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Baker Barrett Black Blalock Bolton Boyett Bozeman Branch Brooks of Oglethorpe

Brown Budd Bynum Chance Chandler Clarke of Monroe Cloer Cocke Coker Collins Crawford Crowe Deen Dickey Dorminy Duncan of Fannin

Duncan of Carroll Dunn Fitzgerald Fordham Fowler of Douglas Hale Hall of Lee Hall of Floyd Henderson Horton Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter

692

JOURNAL OF THE HOUSE,

Jordan Keadle Kelly Keyton Kidd Killian Knight of Laurens Knight of Berrien Lee of Clayton Logging Lokey Lowrey Mackay Massee Matthews of Colquitt McClelland McCracken McCutchen Milhollin Mixon Moorman Mullis

NeSmith Newton Otwell Paris Parker Pelham Phillips of Columbia Phillips of Bibb Pickard Poole Potts Rainey Roberts Roper Rowland Rutland Sangster Shuman Simmons Simpson Sinclair Singer

Smith of Grady Smith of Habersham Smith of Whitfield Steis Tamplin Taylor of Dawson Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Telfair Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson Young

Voting in the negative was Mr. Dollar.

Those not voting were Messrs.:

Adams Barnett of Wilkes Baug-hman Birdsong Boggs Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Fulton Busbee Caldwell Clark of Catoosa Conner Cox Culpepper Davis Dicus Doster Echols Fleming Flexer Floyd Flynt Fowler of Treutlen Funk Fuqua Greene

Harrell Hill Hodges Howard Hull Hurst Killingsworth Kimmons King Kirkland Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lovett Matthews of Clarke McDonald McGarity Melton Miller Moate Moore Morgan Morris Moss Murphy Odom

Pannell Parker of Screven Parker of Ware Farmer Payton Phillips of Walton Purcell Raulerson Rodgers of Charlton Rogers of Paulding Ross Scarborough Scoggin Sheffield Smith of Brantley Smith of Fulton Stevens Story Strickland Stuckey Tabb Taylor of Bibb Teague Thornton Underwood of
Montgomery Waldrop Walker of Lowndes

Ware White

TUESDAY, JANUARY 30, 1962

693

Wickham Willingham

Woodward Mr. Speaker

On the passage of the Bill, the ayes were 114, nays 1.

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

Mr. Dollar of Decatur stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".

HB 782. By Mr. Bolton of Spalding:
A Bill to amend an Act relating to a non-resident testator's estate, so as to provide that non-residents within the second degree of consanguin ity may administer the estate of a resident testator, and for other purposes.

The following amendment was read and adopted:
Mr. Undercofler of Sumter moves to amend HB 782 as follows:
By striking from the title of said Bill "within the second degree of consanguinity".
By striking from the matter quoted as 113-1206 in Section 1 of said Bill the following phrases:
"when such persons shall be heir at law, of equal, greater, or sole interest, of the estate of the deceased or within the second degree of consanguinity with the deceased."
By changing the first word "Provided" as it appears in the seocnd sentence to the word "provided".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins

Andrews of Hall Ballard Barber

Barnett of Wilkes Barnett of Baker Barrett

694

JOURNAL OF THE HOUSE,

Black Blalock
Boggs Bolton Boyett Bozeman Brooks of Oglethorpe Brooks of Wilson Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crawford Crowe Culpepper Deen Dickey Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fordham Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard

Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Kirkland Knight of Laurens Knight of Berrien Lee of Clayton Lewis of Burke Loggins Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen Milhollin Miller Mixon Moore Moorman Morris Mullis Murphy NeSmith Newton Odom Otwell Paris Parker of Appling Pelham Phillips of Columbia Phillips of Bibb Pickard Poole

Potts Rainey Roberts Roper Rowland Rutland Sangster Shuman Simmons Simpson Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield Steis Strickland Tamplin Taylor of Dawson Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Camden White Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Baughman Birdsong Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Coker

Conner Davis Dicus Dorminy Doster Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen

Funk Fuqua Greene Hodges Hull
Hurst Keyton Killingsworth Kimmons King

TUESDAY, JANUARY 30, 1962

695

Lane Langford Lee of Clinch Lewis of Wilkinson Lokey Lovett Matthews of Colquitt McCracken McDonald McGarity Melton Moate Morgan Moss Pannell

Parker of Screven Parker of Ware Farmer Payton Phillips of Walton Purcell Raulerson Rodgers of Charlton Rogers of Paulding Ross Scarborough Scoggin Sheffield Singer Smith of Grady

Smith of Brantley Stevens Story Stuckey Tabb Taylor of Decatur Taylor of Bibb Teague Ware Wells of Oconee Wickham Woodward Mr. Speaker

On the passage of the bill, as amended, the ayes were 132, nays 0.

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

HR 359-755. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Resolution designating the new bridge over the Chattahoochee River at Columbus, Georgia as the "General James Edward Oglethorpe Bridge", and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Arnsdorff . Barber Barnett of Baker Barrett Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett

Bozeman Brackin Branch Brantley Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa

Clarke of Monroe Cloer Collins Cox Crawford Crowe Culpepper Deen Dickey Dollar Dorminy Duncan of Pannin

696

JOURNAL OP THE HOUSE,

Duncan of Carroll Dunn Echols Fitzgerald Plexer Floyd Fordham Funk Hale Hall of Flovd Hall of Lee Henderson Hill Hodges Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Kirkland Knight of Laurens Knight of Berrien

Lee of Clayton Lewis of Burke Loggins Lovett Lowrey Mackay Matthews of Clarke McCracken McCutchen Milhollin Miller Mixon Moate Moorman Morgan Morris Mullis Newton Odom Otwell Paris Parker of Ware Pelham Phillips of Columbia Phillips of Bibb Pickard Poole Rainey Ross Rowland Sangster

Simmons Simpson Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Story Strickland Tabb Taylor of Dawson Thornton Todd Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Camden White Wilkes Williams of Coffee Willingham Young

Those not voting were Messrs.:

Abney Adams Andrews of Hall Ballard Barnett of Wilkes Baughman Birdsong Black Brooks of Oglethorpe Brooks of Fulton Cocke Coker Conner Davis Dicus Doster Fleming Flynt Fowler of Douglas Fowler of Treutlen Fuqua Greene

Harrell Horton Hull Hurst Killingsworth Kimmons Lane Langford Lee of Clinch Lewis of Wilkinson Lokey Massee Matthews of Colquitt McClelland McDonald McGarity Melton Moore Moss Murphy NeSmith Pannell

Parker of Screven Parker of Appling Farmer Payton Phillips of Walton Potts Purcell Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rutland Scarborough Scoggin Sheffield Shuman Singer Smith of Brantley Smith of Fulton Stevens Stuckey

TUESDAY, JANUARY 30, 1962

697

Tamplin Taylor of Decatur Taylor of Bibb Teague

Undercofler Walker of Telfair Wells of Oconee Wickham

Williams of Hall Wilson Woodward Mr. Speaker

On the adoption of the Resolution the ayes were 127, nays 0.

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

HB 754. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to amend Code Section 30-102 relating to the grounds that are sufficient to authorize the granting of a total divorce, so as to change the time an insane person shall be confined in an institution immediately preceding the commencement of a divorce action; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 10.

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

HB 786. By Mr. Crawford of Chatham:
A Bill to be entitled an Act to amend an Act to regulate procedure in the courts of this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Hall

Arnsdorff Ballard Barber

Barnett of Wilkes Barnett of Baker Barrett

698

JOURNAL OP THE HOUSE,

Baughman Black Blalock Bolton Bowen of Randolph Boyett Branch Brooks of Fulton Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Collins Cox Crawford Crowe Culpepper Dickey Dollar Doster Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Plexer Ployd Plynt Funk Fuqua Greene Hale Hall of Floyd Harrell Henderson

Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keyton Kidd Killian Kimmons Kirkland Knight of Laurens Knight Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Burke Loggins Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McCutchen Miller Mixon Moorman Morgan Morris Moss Mullis NeSmith Newton Odom Otwell Pannell

Parker of Screven Parker of Appling Pelham Phillips of Bibb Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland Sangster Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Story Tabb Tamplin Taylor of Dawson Taylor of Bibb Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Abney Andrews of Stephens Birdsong Boggs Bowen of Toombs Bozeman Brackin Brantley Brooks of Oglethorpe Budd Clarke of Monroe Coker

Conner Davis Been Dicus Dorminy Fordham Fowler of Douglas Fowler of Treutlen Hall of Lee Hill Hodges Hurst

Jones of Worth Keadle Kelly Killingsworth King Lewis of Wilkinson Lovett Massee McClelland McDonald McGarity Melton

TUESDAY, JANUARY 30, 1962

699

Milhollin Moate Moore Murphy Paris Parker of Ware Farmer Payton Phillips of Columbia Phillips of Walton Pickard
Potts Rogers of Paulding

Ross Rutland Scarborough Sheffield Singer Smith of Brantley Smith of Whitfield Stevens Strickland Stuckey Taylor of Decatur
Teague Thornton

Todd Underwood of
Montgomery Walker of Lowndes Walker of Telfair Wells of Peach Wickham Wilkes Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 133, nays 0.

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

Under the General Order of Business established by the Committee on Rules the following Bills of the House were again taken up for consideration:

HB 656. By Mr. Matthews of Colquitt:
A Bill to be entitled an Act to repeal an Act which gives additional credit points to Veterans taking certain examinations given by any existing board of commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Black Bolton

Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brown Budd Busbee Bynum

Chance Chandler Cocke Cox Crawford Deen Dickey Dorminy Doster Duncan of Pannin

700

JOURNAL OF THE HOUSE,

Duncan of Carroll Fitzgerald Fleming Flexer Floyd Flynt Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killian

Kirkland Knight of Berrien Loggins Lowrey Matthews of Clarke Matthews of Colquitt McCracken McCutchen Miller Mixon Moate Moorman Murphy NeSmith Newton Payton Pelham Phillips of Columbia Phillips of Bibb Purcell Rainey Raulerson Ross Rowland Sangster Scoggin Sheffield

Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Strickland Stuckey Tabb Tamplin Taylor of Bibb Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Willingham Young

Those voting in the negative were Messrs.:

Andrews of Hall Blalock Collins Dollar Dunn

Langford Lee of Clayton Lewis of Burke Milhollin

Odom Paris Williams of Coffee Williams of Hall

Those not voting were Messrs.:

Abney Adams Barnett of Baker Birdsong Boggs Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Caldwell Clark of Catoosa Clarke of Monroe Cloer Coker Conner Crowe Culpepper Davis Dicus

Echols Fordham Fowler of Treutlen Greene Hill Hodges Horton Hurst Kelly Killingsworth Kimmons King Knight of Laurens Lane Lee of Clinch Lewis of Wilkinson Lokey Lovett

Mackay Massee McClelland McDonald McGarity Melton Moore Morgan Morris Moss Mullis Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Walton

TUESDAY, JANUARY 30, 1962

701

Pickard Poole Potts
Roberts Rodgers of Charlton Rogers of Paulding Roper Rutland Scarborough Shuman

Singer Smith of Brantley Smith of Whitfield
Stevens Story Taylor of Dawson Taylor of Decatur Teague Thornton Underwood of

Montgomery Waldrop Walker of Telfair
Wickham Wilkes Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 111, nays 13.

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

Mr. Floyd of Chattooga stated that he inadvertently voted "Aye" on HB 656 and would like to be recorded as voting "Nay".
HB 467. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend Code Section 30-127, relating to the custody of children in connection with the granting of divorces; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
HB 243. By Messrs. Smith of Grady, Rowland of Johnson, and others: A Bill to be entitled an Act to amend Code Section 9-201, relating to the requirements for admission to the practice of law of attorneys from other states, so as to require that all attorneys desiring to practice law in this State, with certain exceptions, must satisfactorily pass an ex amination; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

702

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.:

Akins Arnsdorff
Ballard Barber Barnett of Wilkes
Baughman Birdsong
Blalock Bolton Bowen of Toombs
Bozeman Brantley Brooks of Oglethorpe
Brown Budd Bynum
Chance Chandler Clark of Catoosa Clarke of Monroe
Cloer
Cocke Collins
Cox Crowe Culpepper Been
Dollar Duncan of Fannin
Dunn Fitzgerald Flexer Flynt
Fordham Funk
Greene Hale

Hall of Floyd Harrell Henderson Hill Hull Hurst Johnson Joiner Jones of Worth Jones of Lumpkin Keadle Kelly Kidd Killian King
Kirkland Lane Langford Lee of Clinch Lee of Clayton Loggins Lokey Lovett Lowrey Matthews of Clarke McCracken McCutchen McDonald Milhollin Mixon Moorman Morgan Morris Mullis NeSmith Otwell Paris

Parker of Screven Parker of Ware
Payton
Phillips of Columbia Purcell
Raulerson Rodgers of Charlton
Rowland Scoggin Sheffield Simmons Simpson Sinclair
Smith of Grady Smith of Whitfield Story
Strickland Stuckey Tabb Tamplin
Taylor of Dawson Thornton
Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes
Walker of Telfair Wells of Peach Wells of Oconee
Wells of Camden White Williams of Hall Willingham Young

Those voting in the negative were Messrs.:

Abney Andrews of Hall Barnett of Baker Barrett Bowen of Randolph Horton Kimmons

Matthews of Colquitt McGarity Murphy
Odom Phillips of Bibb Potts

Roberts Roper Smith of Brantley Steis Taylor of Bibb Wilson

Those not voting were Messrs.:

Adams Andrews of Stephens Black

Boyett Brackin Branch Brooks of Fulton

Busbee Caldwell Coker Conner

TUESDAY, JANUARY 30, 1962

703

Crawford Davis Dickey Dicus Dorminy Doster Duncan of Carroll Echols Fleming Floyd Fowler of Douglas Fowler of Treutlen Fuqua Hall of Lee Hodges Howard Jones of Liberty Jones of Sumter Jordan Keyton Killingsworth
Knight of Laurens

Knight of Berrien Lewis of Wilkinson Lewis of Burke Mackay Massee McClelland Melton Miller Moate Moore Moss Newton Pannell Parker of Appling Farmer Pelham Phillips of Walton Pickard Poole Rainey Rogers of Paulding
Ross

Rutland Sangster Scarborough Shuman Singer Smith of Fulton Smith of Habersham Stevens Taylor of Decatur Teague Todd Tucker Undercofler Ware Watson Wickham Wilkes Williams of Coffee Woodward Mr. Speaker

On the passage of the Bill, the ayes were 110, nays 19.

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

HB 883. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act entitled an Act to make appropriations for the operation of the State Government, so as to provide contingent appropriations to the Department of Revenue for the purpose of carrying the Motor Vehicle Certificate of Title Act; and for other purposes.

Mr. Caldwell of Upson asked unanimous consent that HB 883 be postponed until tomorrow morning, Wednesday, January 31, 1962 and the consent was granted.
HB 883 was postponed until Wednesday, January 31, 1962.
HR 349-737. By Mr. Hurst of Quitman: A Resolution to designate a state highway as the S. Ernest Vandiver Causeway; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 103, nays 1.

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

HB 787. By Mr. Willingham of Cobb: A Bill to be entitled an Act to provide an appropriation, of the Em ployment Security Law, of additional funds which are otherwise avail able to the Department of Labor, for the purpose of providing suitable offices for use by the Employment Security Agency; and for other purposes.
Mr. Willingham of Cobb asked unanimous consent that HB 787 be postponed until tomorrow morning, Wednesday, January 31, 1962 and the consent was granted.
HB 787 was postponed until Wednesday, January 31, 1962.

HB 358. By Mr.' Story of Gwinnett:
A Bill to be entitled an Act to amend Code Section 13-9933, relating to the delivery of worthless checks; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Georgia Code Section 13-9933, as amended, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, which prescribes the punish ment therefor, and which provides certain presumptions as to intent, so as to enact a new Section 13-9933 which will prohibit the obtaining of money, goods, or other property of value, or the payment of any obligation for wages, salary, by means of making, drawing, uttering, or delivering a worthless check, draft, or order for the payment of money; to provide the punishment for violation of this Act; to provide certain rules of evidence and presumptions in prosecutions hereunder; to provide certain rules of evidence and presumptions in civil actions arising out of arrest or prosecution hereunder; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Code Section 13-9933, as amended, which prohibits the making or delivery of a worthless check, draft or order for the payment of money,

TUESDAY, JANUARY 30, 1962

705

which prescribes the punishment thereof, and which provides certain presumptions as to intent, is hereby amended by striking said Section 13-9933 in its entirety and substituting in lieu thereof a new Section 13-9933 which shall read as follows:

"Section 13-9933 -- (a) Any person, who with intent to defraud, shall obtain any money, goods, or other property of value, or who shall pay any obligation for wages or salary, by making, drawing, uttering, or delivering any check, draft, or order for the payment of money on any bank or other depository, knowing at the time of such making, drawing, uttering, or delivery that the maker of such check, draft, or order has either no funds or insuf ficient funds on deposit in or cerdit with such bank or other de pository with which such check, draft, or order and all other checks, drafts, or orders upon such funds or credit then outstanding, may be paid in full on presentation, or who, after having made, drawn, uttered, or delivered any such check, draft, or order, shall withdraw or cause to be withdrawn, the funds or credit or any part thereof, to the credit of the maker of such check, draft, or order, knowing at the time of such withdrawal that insufficient funds or credit have been left with such bank or other depository to pay such check, draft, or order, and all other checks, drafts, or orders upon such funds or credit then outstanding in full on presentation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed by Code Section 13-9937. The word "credit" as used herein shall be construed to mean an arrangement or under standing with the bank or depository for the payment of such checks, drafts or orders then outstanding.

" (b) In any prosecution for the violation of this section, the making, drawing, uttering, or delivery of such a check, draft, or order, payment of which is refused by the bank or other depository on which drawn because of either no funds or insufficient funds to the credit of the maker of such instruments, or credit available to the maker, shall be prima facie evidence of such maker's intent to defraud and knowledge of no funds or insufficient funds or credit in such bank or other depository. In any such prosecution, such unpaid and dishonored check, draft, or order, having the drawee's refusal to pay and the reason therefor stamped or written thereon or attached thereto, shall be admitted into evidence, and shall be prima facie evidence of the making, drawing, uttering, or delivery of such check, draft, or order, and of the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written, stamped, or attached by the drawee on such dishonored check, draft, or order.
"(c) If payment of any check, draft, or order for the pay ment of money, be refused by the bank or other depository upon which such instrument is drawn, and the person who made, drew, uttered, or delivered such instrument, be arrested or prosecuted under the provisions of this Section, the one who arrested, or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in bringing about such arrest or prosecution, in any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such instrument, if the one who arrested

706

JOURNAL OF THE HOUSE,

or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where payment of the instrument was refused, and after said refusal mailed writ ten notice to such maker informing him that payment of such check, draft, or order has been refused, and then waited ten (10) days after mailing such notice, without the amount due under the pro visions of such instrument being paid; provided, however, that said notice by mail must be evidenced by a registered or certified mail receipt bearing the signature of such maker. In any such civil ac tion, no evidence of statements or representations as to the status of the check, draft, order, or deposit involved, or of any collateral agreement with reference to the check, draft, order, or deposit, shall be admissible unless such statements, representations, or collateral agreement shall be written upon the instrument at the time it is delivered by the maker thereof.

"(d) If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of this Act, and the applicability of such provision to other persons or circumstances, shall not be affected thereby."
SECTION 2

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

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully requests that a Conference Committee be appointed:

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett: A Bill to amend an Act regulating the sale of fireworks, approved March 7, 1955 (Ga. Laws 1955, p. 550), as amended by an Act approved March 9, 1955 (Ga. Laws 1955, p. 732), so as to remove certain excep tions to the provisions of said Act; to repeal conflicting laws; and for other purposes.
The president appointed as a Committee of Conference on the part of the Senate: Senators Staples of the 37th, Claxton of the 21st and Conger of the 8th.
The Speaker announced the House recessed until 1:30.

TUESDAY, JANUARY 30, 1962

707

AFTERNOON SESSION

The Speaker called the House to order.

HB 358 was again taken up and the consideration was resumed.

The Previous Question was ordered.

The Main Question was ordered.

The following amendments to the Committee substitute were read and adopted:
Mr. Murphy of Haralson moves to amend the Committee substitute to HB 358 by striking the following language from the caption of said Bill, to wit:
"To provide certain rules of evidence and presumption in prose cution hereunder;"
and by striking subsection B, Section 1, page 3, and renumbering the remaining sections accordingly.

Mr. Brooks of Fulton moves to amend the Committee substitute to HB 358 by striking from Section 1, Paragraph (c), Page 3 the language:
"and after said refusal mailed written notice to such maker informing him that payment of such check, draft, or order has been refused, and then waited ten (10) days after mailing such notice, without the amount due under the provisions of such instrument being paid; provided, however, that said notice by mail must be evidenced by a registered or certified mail return receipt bearing the signature of such maker."
and inserting in lieu thereof the following:
"No notice to the drawer, utterer, or deliverer of such check, draft, or order shall be necessary to prosecute under this section."

The Committee substitute as amended was adopted.

The report of the Committee, which was favorable t6 the passage of the Bill, by substitute, was agreed to, as amended.

708

JOURNAL OP THE HOUSE,

On the passages of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Black Blalock Bolton Bowen of Randolph Boyett Bozeman Branch Brooks of Fulton Brown Budd Busbee Bynum Chance Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Davis Deen Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fordham Fowler of Douglas Funk Fuqua Hale Hall of Floyd

Henderson Horton Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Killian Kimmons King Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Burke Lovett Lowrey Massee Matthews of Colquitt McClelland McCracken McCutchen McGarity Milhollin Miller Mixon Moate Moorman Morgan Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Farmer Payton

Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Shuman Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Thorn ton Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Hall of Lee NeSmith

Rowland

Watson

TUESDAY, JANUARY 30, 1962

709

Those not voting were Messrs.:

Adams Andrews of Stephens Barnett of Wilkes Birdsong Boggs Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Caldwell Chandler Cocke Coker Cox Crawford Culpepper Dickey Dicus Doster Floyd Flynt Fowler of Treutlen Greene

Harrell Hill Hodges Howard Jones of Sumter Keyton Kidd Killingsworth Kirkland Knight of Laurens Lane Langford Lewis of Wilkinson Loggins Lokey Mackay Matthews of Clarke McDonald Melton Moore Parker of Ware Parker of Appling Pelham

Phillips of Columbia Phillips of Walton Pickard Rogers of Paulding Ross Scoggin Sheffield Simmons Singer Smith of Grady Smith of Habersham Steis Stuckey Taylor of Decatur Teague Undercofler Underwood of
Montgomery Walker of Telfair Wells of Peach White Wickham Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 133, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 790. By Messrs. McCracken of Jefferson, Underwood of Montgomery, and others: A Bill to be entitled an Act to amend Code Section 34-1904, so as to provide for the application of the five (5%) percent petition, to declare members of the General Assembly to be State Officers; and for other purposes.
The following amendments were read and adopted:

Mr. Pannell of Murray moves to amend HB 790 by adding in the fourth sentence of 34-1904 (a) in Section 1 of the Bill after the words "shall qualify" the following:
"either by themselves or by the proper authority of the politi cal party nominating them,"

710

JOURNAL OF THE HOUSE,

Willingham of Cobb moves to amend HB 790 as follows:

By striking in its entirety the fifth (5th) sentence in Section 341904 (b) and substituting in lieu thereof a new sentence to read as f ollov/s:

"Provided that, if any such candidate listed herein shall not be the nominee of a political party by primary held for such office in the territory, as hereinafter defined, in which he is a candidate, or shall not be the nominee of a political party that shall have cast more than five (5%) per cent of the votes for such office in the last immediately preceding General Election for the election of such officer, then any such candidate shall, in addition to the foregoing, file a petition signed by not less than five (5%) per cent of the registered voters of the territory in which he is a candidate."

Willingham of Cobb moves to amend HB 790 as follows:

By striking in its entirety the sixth (6th) sentence in Section 341904 (b) and substituting in lieu thereof the following:

"The provisions relating to filing such petition shall not apply to special elections, to the office of Justice of the Peace, to any office created since the last General Election, nor to candidates for county offices and membership in the General Assembly if no po litical party primary is held in the county for such offices."

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, as amended, the ayes were 105, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 392. By Messrs. Twitty of Mitchell and Smith of Emanuel: A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950,

TUESDAY, JANUARY 30, 1962

711

p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved February 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), and an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), so as to provide for changes in the qual ifications for membership on the Board; to make provisions relative to vacancies on the Board; to provide for a mileage allowance; to authorize reinstatement without a physical examination; to make further provisions relating to reinstatement; to change the provisions relative to eligibility; to change the dates by which persons must be come members of the fund; to provide the procedure whereby a re tired person who becomes employed as a Peace Officer shall become a member of the fund; to provide the payment options for members applying for retirement benefits; to change the provisions relating to disability benefits and death benefits; to change the provisions relat ing to leave of absence; to remove the provisions relating to forfeiture of benefits; to provide for certain exemptions and benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act ap proved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved Febru ary 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), and an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. Be it enacted by the General Assembly of Georgia that in order to carry out the provisions of this Act and to perform the duties fixed by this Act, there is hereby created a board, to be known as the Board of Commissioners of the Peace Officers' An nuity and Benefit Fund of Georgia. Said board shall be composed of six members, as follows: The Governor, the Attorney-General, the Comptroller General, the President of the Peace Officers' Asso ciation of Georgia, Inc., and two members of the Peace Officers' Association of Georgia, Inc., to be elected by such association. The
members elected by the association shall take office immediately succeeding their election and shall serve for a term of two years. Each of such two members must either be an active participating member of the Fund or must be receiving retirement or disability benefits from the Fund. Such two members shall be elected so that

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JOURNAL OF THE HOUSE,

they shall have staggered terms and one such member shall be elected each year. The three members of the board from the asso ciation shall each receive the amount of $25.00 for each meeting of the board or committee thereof. All board members shall receive their actual expenses and a mileage allowance as prescribed by the board, for attending meetings of the board. In the event a vacancy occurs in a position held by one of the members of the board elected by the association, the Executive Committee of the Association, within 30 days after the vacancy occurs, shall elect a member of the association to serve the unexpired term. Such member shall have the same qualifications as prescribed above for the two mem bers elected by the association."

SECTION 2
Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The Board of Commissioners is hereby given the following powers and duties: To provide for the collection of all moneys provided for in this Act; to provide for payment of all annuities and benefits to members of this fund as provided for by law; to provide for and maintain all necessary administrative facilities and personnel; to provide for payment of all administrative salaries, fees and expenses; to hear and determine applications for membership in this fund according to the terms of this Act; to hear and determine applications for disability payments, death benefits and retirement, according to the terms of this Act; to make rules, regulations and requirements consistent herewith for determining eligibility of members of said fund for disability pay ments, death benefits and retirement; to delegate its authority to invest funds to one or more members of the board; upon application of any person who is or has been a legally qualified member of this fund, as is provided for in this Act, to provide for refund to such member of 95% of all dues paid by said member over any and all periods of service as such member during which the nature of such services qualify as creditable services within the meaning of this Act; upon any application of any person who shall have re ceived a refund of dues, as above set out, to provide for reinstate ment of such person, without requiring physical examination, as a member of this fund and give credit for all periods of service for said person as a peace officer within the meaning of this Act pro viding such person shall at the time of said application be a peace officer within the meaning of this Act and shall tender back to said fund all moneys and all dues previously refunded plus regu lar dues for any other period of service during which such person may have served as a peace officer within the meaning of this Act (after the date he originally becomes a member,) for which dues have not been paid; to provide for a refund of 100% of any over payment of dues paid by any person for any period of service during which it may be determined that such person was not a peace officer within the meaning of this Act and for such period of service such person is not entitled to credit; upon application of any peace officer who may apply for membership in said fund, and who may owe dues for creditable service since March 1, 1951, to allow and provide for periodic payments thereof over a period of

TUESDAY, JANUARY 30, 1962

713

not more than 18 months immediately subsequent to the date of his acceptance as a member; to provide for the keeping of minutes and records of all board meetings and proceedings under the terms of this Act, including all rules, regulations, delegations and require ments passed upon by said board pursuant to authority herein granted; and to exercise such other powers, not inconsistent here with, as are necessary for the proper administration of this Act. Provided, further, that said board may delegate any and all duties
and authorities herein granted to the secretary-treasurer under such conditions as may be deemed proper by said board; provided, how ever, said board shall at all times hear and determine any matter relative hereto if it so desires, or if such matter be referred to it by the Secretary-Treasurer, or upon appeal to said board by any person affected by a decision made by the Secretary-Treasurer."

SECTION 3

Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. The term 'peace officer', as used in this Act, shall shall mean any peace officer who is employed by the State of Geor gia or any political subdivision thereof, who is required by the terms of his employment as such peace officer, whether such em ployment exists by virtue of election or appointment, to give his full time to his job as such peace officer. For the purposes of this Act, any deptuy sheriff employed as such by a sheriff of this State shall be deemed to be employed by the county wherein such sheriff serves. Such term shall also include any warden or guard of State or county public works camps and any warden or guard of munici pal public works camps of a municipality having a population of 70,000 or more according to the last or any future United States census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard. Any warden or guard of a municipal public works camp who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled. Such term shall also include all employees of the Peace Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job. Any such full time employee who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled. The word 'income', as used in this Act, shall mean any and all income received by a peace officer for services rendered, whether such
income be in the form of salary, fees, subsistence allowance or other type of allowance, or any combination thereof. The word 'service' as used in this Act to determine the amount of annuities or ben efits due any beneficiary under the provisions of this Act, shall mean the total number of years in the aggregate actually served by a peace officer, computed from the date such peace officer began his service as a peace officer, except that no peace officer shall receive credit for any service performed after March 1, 1951, unless he has paid into the fund the amount required for such service."

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SECTION 4

Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:

"Section 9. Any peace officer, as herein defined, in order to obtain membership in the fund, shall make application to the board upon an application blank to be furnished for that purpose by the board. An applicant must list all periods of prior service for which he intends to seek credit, and shall forever be barred from receiving credit for any service rendered prior to the date of such application which is not listed on said application. An application must be accompanied by a report of a medical examination of such applicant, which report shall note any physical defects of such applicant, and such medical examination must have been made not more than 15 days prior to the date of such examination. The board, in its dis cretion, may provide for an examination of such medical examina tion reports by a physician of the board's own choosing, and shall also have the authority to require a medical examination of any applicant by a physician of the board's own choosing. In addition to any other authority possessed by the board to reject an appli cation for membership, it is hereby given the authority to reject an application for membership for medical reasons.

"All present members of the fund, who have not previously filed an application with the board claiming prior service, shall present a statement to the board stating the periods of prior service for which they intend to seek credit, and shall forever be barred from receiving credit for any service rendered prior to the date of such statement which is not listed on said statement. All such statements shall be in the hands of the board on or before October 1, 1962. It shall be the duty of the board to determine whether the service for which an applicant or a present member intends to seek credit is such service as is creditable under the provisions of this Act, and so notify such applicant or member.

"Those persons who are serving as peace officers on April 1, 1962, must make application for membership in the fund on or be fore October 1, 1962, or shall forever be ineligible for membership in the fund and for any annuities or benefits provided for in this Act. Any person who, on or after April 2, 1962, becomes a peace officer, must make application for membership in the fund within eight (8) months from the date of becoming such peace officer, or forever be ineligible for membership in the fund and for any an nuities or benefits provided for in this Act. Provided, however, that any person who becomes a peace officer on or after October 1, 1962, and who is 45 years of age or older, shall never be eligible for membership in the fund, and for any annuities or benefits pro vided for in this Act.
"In addition to the requirement stated hereinbefore, an appli cation for membership shall contain such other information as may be required by the board. Any person who is a member of the fund shall pay into the fund the sum of $7.00 per month, not later than the 10th day of the month, for that month. Any person desiring

TUESDAY, JANUARY 30, 1962

715

to receive credit for creditable service after March 1, 1951, and who has not paid therefor shall pay therefor at the rate of $7.00 per month. Any other provisions of this Act to the contrary not withstanding, any peace officer who is presently an active paying member of the fund, or any peace officer who in the future becomes an active paying member of the fund, shall be required to pay into the fund the regularly monthly amount for a minimum period of 20 years before being eligible to receive the retirement benefits provided in this Act, except that if such peace officer is otherwise
eligible to retire under the terms of this Act and so desires, he may retire and the board shall deduct such monthly amount from his retirement until he has paid into the fund for such 20 year period.

"Any peace officer who, after once becoming a member of said retirement fund, and after withdrawing or being dropped there from for any reason, cannot again be considered an applicant for membership, but must apply for reinstatement in compliance with Section 5 of said Act and any lawful rules and regulations adopted by the Board of Commissioners."

SECTION 5

Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. At the time a member qualifies for retirement payments, such member must choose one of three payment options, and upon proper application being presented by such member, upon a form to be provided by the board, the secretary-treasurer shall thereupon pay to such retired member a monthly sum based on one of the following three options:
"Option 1. Single Life Annuity-Monthly Payment Level for Life of Peace Officers Only: one hundred ($100.00) dollars, if such applicant has had twenty (20) years service as a peace officer in Georgia and is 55 years of age or older. An applicant who has had twenty-five (25) years service as a peace officer in Georgia and is 60 years of age or older shall be paid the monthly sum of one hundred twenty-five ($125.00) dollars. No person shall be eligible for benefits hereunder until his official duties shall have termi nated, unless otherwise provided in this Act, and unless he shall file an application within ninety (90) days or as soon thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia. Provided, however, that any member of the fund who has twenty (20) years of creditable service but who has not reached the age of 55, may cease employ ment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 55, shall be entitled to receive a monthly sum of one hundred ($100.00) dollars. Any member of the fund who has twenty-five (25) years of creditable service but who has not reached the age of 60, may cease employ ment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 60, shall be entitled to receive a monthly sum of one hundred twenty-five ($125.00) dollars.

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"Option 2. Joint Life Annuity-Monthly Payment Level for Life of Either Husband or Wife: The amount of monthly payment to be paid under this Option will be based on the husband's age at retirement and the wife's age at the same date, and will be com puted so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as pro
vided under Option 1 above. Such actuarial equivalence shall be computed on the 1937 Standard Annuity Table of Mortality, using 4% interest, a five year age set-back for females, and monthly payment annuity functions. Provided in the event a member's wife predeceases him then no other wife of said member shall be entitled to monthly retirement benefits.

"Option 3. Joint Life Annuity-50% Monthly Payment to Sur viving Wife at Death of Husband: The amount of monthly pay ment to be paid under this Option will be based on the husband's age at retirement and the wife's age at the same date, and will be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as provided under Option 1, above. Such actuarial equivalence shall be computed on the 1937 Standard Annuity Table of Mortality,
using 4% interest, a five year age set-back for females, and month ly payment annuity functions. Provided in the event a member's wife predeceases him then no other wife of said member shall be entitled to monthly retirement benefits. Nothing contained herein shall affect the provisions of this Act requiring payment into the fund for a minimum period of 20 years. Any peace officer becoming a member of the fund on or after April 1, 1953, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member, ir
respective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Act. Provided, however, that nothing contained in this Section shall be construed to in any manner alter the requirements of Section 8 of this Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such service. Any person who after being placed on retirement, as above provided for, shall again become employed as a peace officer as that term is defined in Section 8 of said Act, shall immediately notify the secretary- treasurer of said retire ment fund thereof; and retirement benefits provided for such per son shall be terminated as of the date of such re-employment and for the duration thereof. During said period of re-employment, said person shall pay regular monthly dues provided by law and shall, upon meeting requirements provided by law, be entitled to benefits provided for in Sections 12 and 13 of said Act, but not to
any increase in retirement benefits that may be provided in said Act, unless such re-employment shall be for a period of three years or more, in which instance such person may again apply for re tirement as if he had not previously been retired and be entitled to such benefits as may be provided by law at the time of said application for retirement, if he so chooses."

TUESDAY, JANUARY 30, 1962

717

SECTION 6

Said Act is further amended by striking Section 12 in its entirety and inserting a new Section 12 to read as follows:

"Section 12. Any peace officer who, after lawfully becoming a member of said annuity and benefit fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer, and not resulting from willful misconduct of such officer, from which injury and within 12 months from the date thereof said offi cer shall be rendered totally and permanently disabled to again perform the duties of a peace officer, shall, upon application to the Board of Commissioners and lawful proof of such injury and dis ability, be entitled to a benefit of $100.00 per month."

SECTION 7

Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:

"Section 13. A peace officer, upon becoming a member of the fund, and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $1,000.00 to such beneficiary upon the death of such peace officer.

"Any peace officer who, after lawfully becoming a member of said Annuity and Benefit Fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer and not resulting from willful misconduct of such officer from which injury death of such officer shall result as the direct and proximate cause thereof, within a period of 12 months from the date thereof, the designated beneficiary of said officer shall, upon application to the Board of Commissioners and lawful proof of said injury and death as the direct and proximate result thereof, be paid a sum of $4,000.00, $2,000.00 of which shall be paid instanter and the balance at the rate of $100.00 per month for a period of 20 months im mediately subsequent to the date of said death."

SECTION 8
Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows:

"Section 23. Any peace officer, who in the determination of the board is a member in good standing of the fund, and who enlists in or is drafted into any branch of the armed forces of the United States shall not be required to remit any funds to the board during his period of service in the armed forces, and shall receive credit for such service in the armed forces, not to exceed five (5) years. Any peace officer who becomes a member of the fund shall receive

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one year creditable service for each year of service in the armed forces of the United States, up to a total of five (5) years, regard less, of when such service in the armed forces of the United States was performed, if such member left his work as a peace officer to go into the armed forces and returned to work as a peace offi cer within six (6) months after he ceased to serve in the armed forces, and engaged in no other type work within such six (6) month Period.
"The board, upon application of any person who is or has been a legally qualified member of the fund, which application must be submitted not later than ninety (90) days after such person shall cease to be employed as a peace officer, may provide by rule and regulation for retaining such person as a member of the fund and for crediting said person for a period of time not to exceed twelve (12) months, providing such person shall pay into the fund the amount required for said period. However, not more than a total of 12 months shall be granted to any one person or applicant during such person or applicant's entire membership in said Annuity and Benefit Fund."

SECTION 9
Said Act is further amended by striking Section 26 in its entirety and inserting in lieu thereof a new Section 26 to read as follows:

"Section 26. The right to any pension, annuity, allowance or benefit, the right to the return of contributions, to pension, annuity,
allowance or benefit itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act, and the moneys in various Acts created by this Act, are hereby declared to be exempt and shall be exempt from any State, county, municipal, or other political sub-division tax, and shall be exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable unless otherwise specifically provided for in this Act."

SECTION 10
The provisions of this Act shall become effective at 12:01 O'Clock A. M., April 1, 1962.

SECTION 11

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

The following Committee amendment to the Committee substitute was read and adopted:
Move to amend Substitute HB 392 as follows:
By striking from the Inaguage quoted as Section 11 of Section 5

TUESDAY, JANUARY 30, 1962

719

of said Bill the words, "Provided in the event a member's wife pre deceases him then no other wife of said member shall be entitled to monthly retirement benefits.", and inserting in lieu thereof, "Provided in the event a member's wife should remarry subsequent to the death of said member, then the aforesaid retirement benefits payable to her under Options 2 & 3 shall cease and terminate as of the date of such marriage. And should a member's wife pre-decease him then no other wife of said member shall be entitled to monthly retirement benefits.

It is the purpose and intent of the foregoing proviso to limit retire ment payments, under Options 2 & 3 in the event of a member's death, to the wife of said member in life at the time said member qualifies for retirement benefits, and only so long as she remains a widow of such member.

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

On the passage of the Bill, by substitute as amended, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passsed, by substitute as amended.

The Speaker has appointed as a Committee of Conference on the following Bill of the House to-wit:

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett:
A Bill amending an Act regulating the sale of fireworks, so as to remove certain exceptions of said Act, and for other purposes.
Messrs. Killian of Glynn, Story of Gwinnett, and Pickard of Muscogee.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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Representative Hall, Atlanta, Georgia, Wednesday, January 31, 1962.

The House met pursuant to adjournment at 10:00 o'clock A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. B. E. Donehoo, Pastor, Woodbury Baptist Church, Woodbury, Georgia.
Our Father in Heaven, we thank Thee we have been called to high positions of trust. We would answer Thy call with humble submission to Thy will and glorify Thy name with the fullest measure of devotion to Thy cause. Bestow unto us, we pray, a profound spirit of dissatis faction with all things that are base, unclean and ungodly, and generate within us a ready willingness to perform faithfully those duties which have been entrusted into our hands. Save us from all forms of evil and deliver us from paying homage to any sovereignty save Thine own. Disclose those truths, which are yet unknown to us because of our unbelieving hearts, and grant unto us wide horizons and greater possi bilities for service to God and man. When we lose our way in the winding pathways of life, teach us to look to our omniscient Guide who never fails to make clear the way of righteousness to all who love and trust Him.
We pray particularly for all members of this House and the other branches of the Government of our beloved State. In all matters claim ing the attention of this body pertaining to our citizens of every walk and station, may these servants of Thine never forget their responsibilty before God. May righteousness and truth prompt every action taken, remembering "When the righteous are in authority, the people rejoice: but when the wicked beareth rule, the people mourn." May our people have every reason to rejoice because, under God, their representatives in this branch of their Government, this day and all days, gave a good account of their stewardship to God and their fellowman. Amen.

The roll call was ordered and the following members answered to their names:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe

Brooks of Fulton Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins

WEDNESDAY, JANUARY 31, 1962

721

Cox Culpepper Davis Deen Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke

Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding
Roper Ross Rowland Rutland

Sangster Scarborough Scoggin Sheffield Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

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JOURNAL OF THE HOUSE,

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

Mr. Killingsworth of Clay was granted leave of absence for January 31, 1962 due to illness in his family.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, January 31, 1962, and submits the following:

1. HB

99. State Officials, mileage

2. HB 269. State Examining Board, additional points (p.p.)

3. HB 389. Housing Authorities, bonds

4. HB 466. School lunch, levy tax

5. HR 187-599. License plate, more than one year

6. HB 629. Relief of disabilities

7. HB 723. Candidates in General Election, fee

8. HR 341-732. Lieutenant Governor, abolish office.

9. HB 753. Practice of Law, definition

10. HR 363-763. Revenue Anticipation Certificates

11. HR 364-763. Revenue Bonds

12. HB 765. State Board of Medical Examiners

13. HR 367-766. Monument at Vicksburg

14. HR 368-766. Confederate Veteran, monument

15. HR 369-766. Chief Justices, busts

WEDNESDAY, JANUARY 31, 1962

723

16. HR 371-768. Governor's Veto, amend

17. HB 769. Sale of County Owned Property

18. HB 784. Tax equalization, loan

19. HB 787. Security law, appropriation (p.p.)

20. HB 793. State Auditor, duties

21. HR 384-793. Open Road, Okefenokee

22. HB 800. False whosesale advertising

23. HB 810. Income from estate

24. HR 420-875. Write-in vote, disqualify

25. HB 882. Motor Title Act, amend

26. HB 883. Title Act, appropriation (p.p.)

27. HR 431-909. Convey property, Liberty County

28. HR 459-922. Municipal Study Committee

29. HB 126. Minimum Foundation, expend funds

30. SB

81. Members of military, absentee voting

31. SB 151. Holding bar examinations

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, /s/ Twitty of Mitchell, Vice-Chairman /s/ Undercofler of Sumter, Secretary

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 973. By Messrs. Vaughn of Rockdale, Steis of Harris, Morris of Tift, Jordan of Calhoun, Harrell of Fayette, Simpson of Wheeler and others:
A Bill to be entitled an Act to change the compensation of the Lieuten ant Governor; and for other purposes
Referred to the Committee on State of Republic.

HB 974. By Messrs. Matthews of Clarke and Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to the sale or exhibition of obscene pictures; to provide for punishment for the sale of obscene literature with knowledge of its obscene character; and for other purposes.
Referred to the Committee on Industry.

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JOURNAL OP THE HOUSE,

HB 975. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to provide that utility facilities shall be removed at the cost of the owner thereof under certain conditions; and for other purposes.
Referred to the Committee on Industry.

HB 976. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act creating the Town of Avera; and for other purposes.
Referred to the Committee on Local Affairs.

HB 977. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Leesburg, so as to change the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 978. By Messrs. Taylor, Phillips and Thornton of Bibb and Strickland of Evans:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide an age at which one shall be eligible for appointment as Judge of the Superior Court Emeritus; and for other purposes.
Referred to the Committee on Judiciary.

HB 979. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act creating the Charter of the Town of Pooler, so as to change the corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

HB 980. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to create the Charter of the Town of Pooler, so as to change the millage rate which may be levied by the Mayor and Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 981. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Adel, so as to increase the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 31, 1962

725

HR 501-981. By Messrs. Crawford and Dickey of Chatham:
A Resolution proposing an amendment to the Constitution of the United States prohibiting the Government of the United States to engage in any business, professional, commercial, financial or industrial enterprise except as specified in the Constitution; and for other purposes.
Referred to the Committee on State of Republic.

HR 502-981. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create the Rockdale County-Conyers Water Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 503-981. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 504-981. By Mr. Singer of Stewart:
A Resolution proposing an amendment to the Constitution so as to authorize Stewart County to provide a natural gas system for said County; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 505-981. By Mr. Lovett of Laurens:
A Resolution proposing an amendment to the Constitution so as to provide for action by the Senate and the House of Representatives relative to employees of each House and to provide for joint committees; and for other purposes.
Referred to the Committee on State of Republic.

HR 506-981. By Mr. Hall of Lee:
A Resolution authorizing and directing the State Librarian to furnish certain State Law Books to the Ordinary of Lee County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 507-981. By Mr. Parker of Screven: A Resolution proposing an amendment to the Constitution so as to

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JOURNAL OF THE HOUSE,

create the Screven County Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 508-981. By Mr. Watson of Houston:
A Resolution proposing an amendment to the Constitution so as to create the City of Perry Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 509-981. By Messrs. Crawford and Dickey of Chatham:
A Resolution to propose that the State Board of Education require the teaching of a course of study entitled "Americanism versus Com munism" in the public schools of the State of Georgia; and for other purposes.
Referred to the Committee on Education.

HR 510-981. By Mr. Bynum of Rabun:
A Resolution proposing an amendment to the Constitution so as to create the Rabun County Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 982. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to provide that Clerks of the Superior Court may use separate index books in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 983. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to create and incorporate the City of Martinez, in the County of Columbia, and to grant a charter to that municipality under that name and style; and for other purposes.
Referred to the Committee on Insterstate Cooperation.

HB 984. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Carroll County; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 31, 1962

727

HB 985. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating and adopting a new charter for the Town of Temple, so as to change the name of said Town to the City of Temple; and for other purposes.
Referred to the Committee on Local Affairs.

HR 511-985. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate E. Clyde Perkins; and for other purposes.
Referred to the Committee on Appropriations.

HR 512-985. By Messrs. Duncan and Waldrop of Carroll:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Carrollton to issue and sell revenue bonds for the purpose of carrying out slum clearance; and for other purposes.
Referred to the Committee on Local Affairs.

HB 986. By Messrs. Newton of Colquitt, Farmer of Heard, Ware of Troup, Joiner of Washington and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act known as the Georgia Fertilizer Act, so as to define "lot" as applies in determining plant nutrient deficiency and penalties; and for other purposes.
Referred to the Committee on Agriculture.

HB 987. By Mr. Raulerson of Echols:
A Bill to be entitled an Act establishing a Board of Commissioners of Roads and Revenues of Echols County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 988. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System for the State of Georgia; and for other purposes.
Referred to the Committee on State of Republic.

HB 989. By Messrs. M. Smith, Brooks and McClelland of Fulton, Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to powers to vacate and abandon streets; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HR 513-989. By Mr. King of Chattahoochee:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Chattachoochee County by the Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

HR 514-989. By Mr. Stuckey of Dodge:
A Resolution to compensate Mrs. Mary W. Screws; and for other purposes.
Referred to the Committee on Appropriations.

HR 515-989. By Mr. Doster of Wilcox:
A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Wilcox County shall take office on January 1 after the date of their election; and for other purposes.
Referred to the Committee on Local Affairs.

HB 990. By Messrs. Lee of Clinch, Parker of Appling, Moorman of Lanier, Henderson of Atkinson, Kimmons of Pierce and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law, so as to change the definition of "employer"; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 991. By Messrs. Lee of Clinch, Moorman of Lanier, Henderson of Atkinson, Kirkland of Tattnall, Parker of Appling and Raulerson of Echols:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to buy, sell, make, keep or maintain a gaming table known as a pinball machine; and for other purposes.
Referred to the Committee on State of Republic.

HB 992. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to provide the terms of the Superior Court of Jeff Davis County; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 31, 1962

729

HB 993. By Mr. Fitzgerald of Long:
A Bill to be entitled an Act to prescribe the rate of Commission which the Tax Collector of Long County shall receive; and for other purposes.
Referred to the Committee on Local Affairs.

HB 994. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff of Glynn County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

HB 995. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick; and for other purposes.
Referred to the Committee on Local Affairs.

HR 516-995. By Messrs. Crawford, Dickey and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts in Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 517-995. By Mr. Jones of Lumpkin:
A Resolution proposing an amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 996. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend an Act relating to the report of examiners in connection with land registration, so as to provide that 30 days notice will be given to file exceptions to the report; and for
other purposes. Referred to the Committee on Special Judiciary.

HB 997. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend an Act relating to the necessary expenses as an item in the estimation of damages for injury done, so

730

JOURNAL OF THE HOUSE,

as to provide that certain expenses incurred by a wife as a result of an injury, may be recovered even though these expenses are legally the responsibility of her husband; and for other purposes.
Referred to the Committee on Judiciary.

HB 998. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend the charter of the City of Man chester; to fix the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 999. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act relating to how liens are declared, created, and recorded, so as to provide a method whereby a debtor might remove a lien from the record when suit is not instituted within 12 months after such lien is filed; and for other purposes.
Referred to the Committee on Judiciary.

HR 524-999. By Mr. Barnett of Baker:
A Resolution compensating L. W. Johnson, Sheriff of Baker County; and for other purposes.
Referred to the Committee on Appropriations.

HR 525-999. By Mr. Hurst of Quitman:
A Resolution proposing an amendment to the Constitution so as to authorize Quitman County to provide a natural gas system for said county; and for other purposes.
Referred to the Committee on Industry.

HR 526-999. By Mr. Fleming of Richmond:
A Resolution to compensate Ballentine Motors of Augusta, Inc., and for other purposes.
Referred to the Committee on Appropriations.

HB 1000. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Athens, and relating to public transportation system in the City of Athens; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, JANUARY 31, 1962

731

HB 1001. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act pertaining to service of process, so as to provide a procedure for service of process when the defendant in a divorce action shall abide temporarily and involuntarily in a county of this State other than that of his legal residence; and for other purposes.
Referred to the Committee on Judiciary.

HB 1002. By Messrs. Lane of Bulloch, Parker of Screven, Parker of Ware, Odom of Dougherty and Morris of Tift:
A Bill to be entitled an Act to place all sheriffs in this State on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on State of Republic.

HB 1003. By Messrs. Deen of Bacon and Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act providing for the licensing and bonding of dealers in agricultural products, so as to redefine "dealer in agricultural products" to include persons buying, selling, processing and shelling pecans; and for other purposes.
Referred to the Committee on Agriculture.
HR 527-1003. By Messrs. Matthews and Newton of Colquitt: A Resolution compensating Mr. George Rufus Hanna; and for other purposes.
Referred to the Committee on Appropriations.
HB 1004. By Mr. Horton of Putnam: A Bill to be enttiled an Act to consolidate the offices of Tax Collector and Tax Receiver of Putnam County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1005. By Mr. Horton of Putnam: A Bill to be entitled an Act to change from the fee to the salary system in Putnam County the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver and the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HR 528-1005. By Mr. Horton of Putnam: A Resolution proposing an amendment to the Constitution so as to set

732

JOURNAL OF THE HOUSE,

the compensation for the Putnam County Tax Collector; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 951. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act providing compensation for the Treasurer of Lincoln County; and for other purposes.

HB 952. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Lincoln County, so as to change the compensation of the Chairman of the Board; and for other purposes.

HB 953. By Mr. Cocke of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson; to provide for the annexation of certain territory; and for other pur poses.

HB 954. By Mr. Hale of Bade:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver of Dade County and creating the Office of Tax Commissioner of Dade County; and for other purposes.

HB 955. By Mr. Young of Turner:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn relating to the closing of a certain street; and for other purposes.

HB 956. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to amend an Act concerning the definition of beneficiary or beneficiaries; to include trusts in connection with the provisions and powers of said Act; and for other purposes.

HB 957. By Mr. Joiner of Washington:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tennille, so as to change the corporate limits of the City of Tennille; and for other purposes.

WEDNESDAY, JANUARY 31, 1962

733

HB 481-957. By Mr. Walker of Telfair: A Resolution to compensate J. D. Williams; and for other purposes.

HR 482-957. By Mr. McCutchen of Gilmer:
A Resolution proposing an amendment to the Constitution so as to create the Gilmer County Development Authority; and for other purposes.

HR 483-957. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Hall County to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers, and a system of garbage collection within said county; and for other purposes.

HR 484-957. By Mr. Budd of Lowndes:
A Resolution to compensate Mrs. Christine P. King; and for other purposes.

HR 485-957. By Messrs. Smith of Habersham, Williams of Hall, and Roberts of Jones:
A Resolution proposing an amendment to the Constitution allowing all new industries an ad valorem tax exemption for a period of time not exceeding five years from the date of building of such industry; and for other purposes.

HR 486-957. By Mr. Simpson of Wheeler:
A Resolution proposing an amendment to the Constitution so as to provide for the appoint of the County School Superintendent of Wheeler County by the County Board of Education; and for other purposes.

HR 487-957. By Mr. Barnett of Wilkes:
A Resolution proposing an amendment to the Constitution so as to create the Washington-Wilkes Payroll Development Authority; and for other purposes.

HB 958. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes.

734

JOURNAL OF THE HOUSE,

HB 959. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend an Act relating to the "Motor Fuel Tax Law", by redefining the terms upon which the present tax of 1 cent per gallon shall be levied upon kerosene, and by providing that such tax shall be allowed as a credit when such kerosene is sub sequently sold as a motor fuel; and for other purposes.

HB 960. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to provide for retirement of certain em ployees of Chattahoochee County; and for other purposes.

HB 961. By Messrs. Flexer of Glynn, Bolton of Spalding and Brown of Hart:
A Bill to be entitled an Act to provide that pre-marital contracts shall be valid and enforceable; and for other purposes.

HR 488-961. By Mr. Todd of Glascock:
A Resolution proposing an amendment to the Constitution so as to create the Bacon Industrial Building Authority; and for other purposes.

HR 489-961. By Mr. Been of Bacon: A Resolution proposing an amendment to the Constitution so as to create the Bacon Industrial Building Authority; and for other purposes.

HB 962. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide for the election of six members of the Council of the City of Thomaston; and for other purposes.

HR 490-962. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Louisville to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and expanding agriculture, trade and commerce therein and in Jefferson County; and for other purposes.

HB 963. By Mr. Phillips of Walton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Monroe, so as to establish a reserve capital improvement fund out of the Water, Light and Gas receipts; and for other purposes.

HB 964. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Rome by extending the corporate limits; and for other purposes.

WEDNESDAY, JANUARY 31, 1962

735

HB 965. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome; by authorizing the City of Rome to operate a public transportation system with the City of Rome; and for other purposes.

HR 491-965. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Resolution proposing an amendment to the Constitution to create the Rome-Floyd County Development Authority; and for other purposes.

HB 966. By Mr. Moore of Polk:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cedartown, so as to extend the corporate limits of said City; and for other purposes.

HB 967. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in the County of Sumter, the Clerk of the Superior Court and the Clerk of the City Court; and for other purposes.

HB 968. By Messrs. Caldwell and Echols of Upson: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits and to describe new territory to become a part of the City of Thomaston; and for other purposes.
HR 493-968. By Mr. Rutland of DeKalb: A Resolution to compensate D. A. Kelly; and for other purposes.
HR 494-968. By Messrs. Jones and Undercofler of Sumter: A Resolution authorizing the transfer of certain real property located in Americus, Sumter County; and for other purposes.
HB 969. By Messrs. Killian and Flexer of Glynn: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County; to provide for an annual audit; and for other purposes.
HB 970. By Messrs. Killian and Flexer of Glynn: A Bill to be entitled an Act to amend an Act regulating public instruc tion in Glynn County, so as to provide for education beyond the high school level; and for other purposes.

736

JOURNAL OF THE HOUSE,

HR 495-979. By Messrs. Willingham, Wilson and Teagtie of Cobb:
A Resolution authorizing the State Highway Department to compensate Mr. Harold R. Rhodes; and for other purposes.

HR 496-970. By Messrs. Willingham, Wilson and Teague of Cobb:
A Resolution authorizing the State Highway Department to compensate Mr. LaFayette Brown Reece; and for other purposes.

HR 497-970. By Messrs. Willingham, Wilson and Teague of Cobb: A Resolution authorizing the State Highway Department to compensate Mrs. Ruby Bryant Daniel; and for other purposes.
HR 498-970. By Messrs. Willingham, Wilson and Teague of Cobb: A Resolution authorizing the State Highway Department to compensate Harley E. Carpenter; and for other purposes.
HR 499-970. By Mr. Parker of Ware: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions; and for other purposes.
HB 971. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools and other State sup ported schools, so as to provide for a refund of monies paid by certain members who qualified for prior service; and for other purposes.
HB 972. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act creating a Teachers' Retire ment System, so as to provide that a member who has re-established previous credits by paying into the retirement system, prior to retire ment, total contributions equal to 10% of such compensation as the teacher received during those years for which the member desires to establish previous credit, may receive a refund of such payments from the retirement system; and for other purposes.
SB 165. By Senator Sanders of the 18th: A Bill to be entitled an Act to amend an Act known as the "Georgia Rural Roads Authority Act", so as to provide that roads constructed pursuant to the provisions of said Act shall be maintained by the State instead of the counties; and for other purposes.

WEDNESDAY, JANUARY 31, 1962

737

SB 173. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Code Chapter 84-11, relating to Optometry, as amended; and for other purposes.

SB 210. By Senators Peterson of the 15th, Newton of the 17th, and others:
A Bill to be entitled an Act to provide that any member of a county political party executive committee who participates as such in ar ranging or holding a political party primary election shall be ineligible to be a candidate for nomination to any office therein, except for mem bership on such executive committee; and for other purposes.

SB 216. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating the Chatham County Pension Board, approved March 29, 1937 (Ga. L. 1937, pp. 1273 to 1282), as amended, by the several amendatory acts thereto; and for other purposes.

SB 218. By Senator Towson of the 16th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Dublin, approved December 6, 1900 (Ga. Laws 1900, p. 1173), as amended; and for other purposes.

SB 219. By Senator Towson of the 16th: A Bill to be entitled an Act to repeal an Act providing the hours of holding elections in counties having a population of 31,050 to 33,050, according to the census of 1950 or any future census; and for other purposes.
Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations, has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 110-291. Do Pass. HR 212-642. Do Pass.
HR 287-704. Do Pass. HR 347-735. Do Pass.

738

JOURNAL OF THE HOUSE,

HR 348-735. Do Pass, as Amended. HR 192-599. Do Pass, as Amended.
Respectfully submitted, Smith of Grady, Chairman

Mr. Hall of Ployd County, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 712. Do Pass, by Substitute.

HB 763. Do Pass.

HB 853. Do Pass, by Substitute.

HB 910. Do Pass.

HB 911. Do Pass.

Respectfully submitted, Hall of Floyd, Chairman.

Mr. Lovett of Laurens County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 152. Do Pass. HB 917. Do Pass. HB 724. Do Pass, as Amended.
Respectfully submitted,
Lovett of Laurens, Chairman.

WEDNESDAY, JANUARY 31, 1962

739

Mr. Rutland of DeKalb County, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 832. Do Not Pass.

HB 907. Do Pass.

HB 941. Do Pass.

Respectfully submitted,

Rutland of DeKalb,

Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions, of the House and Senate, and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB 918. Do Pass.

HB 920. Do Pass.

HR 463-922. Do Pass.

HR 464-922. Do Pass.

HR 467-922. Do Pass.

HR 469-935. Do Pass, as Amended.

SB 194. Do Pass.

SB 195. Do Pass.

SB 197. Do Pass.

Respectfully submitted,

Underwood of Montgomery,

Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs, has had under consideration the following

740

JOURNAL OP THE HOUSE,

Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 938. Do Pass. HB 939. Do Pass. HB 940. Do Pass. HB 947. Do Pass. HR 478-946. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
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 House with the following recommendations:
HB 871. Do Pass. HB 29. Do Pass. HB 846. Do Pass. HB 928. Do Pass. HB 799. Do Pass, by Substitute. HB 891. Do Pass. HB 890. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate, and has instructed me as Vice-Chair man, to report the same back to the House with the following recommendations:
SB 170. Do Pass.
HR 520. Do Pass.

WEDNESDAY, JANUARY 31, 1962

741

SR 105. Do Pass, as Amended. HR 446-915. Do Pass.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary, has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 389-793. Do Pass. HR 415-859. Do Pass. HR 460-922. Do Pass. HR 451-918. Do Pass. HR 428-907. Do Pass. HR 474-942. Do Pass. HR 416-862. Do Pass. HR 421-875. Do Pass. HR 422-888. Do Pass. HR 455-918. Do Pass. HR 454-918. Do Pass. HR 418-875. Do Pass. HB 830. Do Pass. HB 785. Do Pass, by Substitute. HR 472-935. Do Pass. HB 961. Do Pass. HB 929. Do Pass. HB 324. Do Pass, by Substitute.
Respectfully submitted, Bolton of Spalding, Chairman.

742

JOURNAL OP THE HOUSE,

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:

SB 182. By Senators Braly of the 38th and Ayers of the 31st:
A Bill relating to public health and welfare; to relieve from civil liability any person who renders emergency care at the scene of the emergency when such care or services are rendered without charge and in good faith; and for other purposes.

SB 192. By Senator Grayson of the 1st:
A Bill to amend Code Section 59-106 of the Code of Georgia of 1933 by providing for additional names to be furnished jury commissioners for the selection of additional jurors from a list of intangible taxpayers; repealing all laws in conflict herewith; and for other purposes.

SB 214. By Senators Claxton of the 21st, Bell of the 10th and others: A Bill to amend an Act relating to the inspection of public records, approved Feb. 27, 1959, (Ga. Laws 1959, p. 88), so as to provide for the inclusion of additional records; and for other purposes.
SB 225. By Senator Hart of the 53rd: A Bill to amend Code Section 27-101 relating to rewards offered by the Governor, so as to authorize the Governor, in his discretion, to offer and cause to be paid, rewards for the detection or apprehension of cattle thieves; and for other purposes.
SB 227. By Senator Sanders of the 18th: A Bill to amend an Act providing pensions for the firemen of the State of Georgia, approved March 3,1955 (Ga. Laws 1955, p. 339) as amended, so as to define the rights of beneficiaries; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to-wit:

WEDNESDAY, JANUARY 31, 1962

743

HB 62. By Messrs. Undercofler and Jones of Sumter:
A Bill to amend an Act establishing a Minimum Foundation Program of Education, so as to remove the provisions relating to the population of municipalities from the Section prescribing the procedure for determin ing the amount of funds needed by local units to pay teachers' salaries; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 25. By Messrs. Kidd and Chandler of Baldwin:
A Bill to provide financial assistance for any school district wherein three per cent or more of the population is employed by the State of Georgia; and for other purposes.
HB 802. By Messrs. Land of Bulloch, Parker of Screven, Johnson of Jenkins, and others:
A Bill to amend an Act relating to the use of timing devices or radar equipment to enforce safety regulations so as to change the provision relating to application of the Act within limits of incorporated munici palities; and for other purposes.

HB 807. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to create the Ty Cobb Baseball Memorial Commission; and for other purposes.

HB 707. By Mr. Busbee of Dougherty:
A Bill to provide for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide a lien for the expense thereof; and for other purposes.

HE 232-668. By Mr. Smith of Habersham:

A Resolution proposing an amendment to the Constitution so as to pro

vide for the election of the members of the Board of Education of

Habersham County by the people; and for other purposes.

,

744

JOURNAL OF THE HOUSE,

HR 492. By Mr. Smith of Emanuel:
A Resolution calling for a joint session to hear an address by Hon. Carl Vinson; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Resolutions of the House and Senate to-wit:

SR 91. By Senators Sanders of the 18th, McKenzie of the 13th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for limitations on the issuance of bonds of State Public Authorities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 115. By Senator Mathews of the 48th:
A Resolution proposing an amendment to the Constitution so as to change the manner of electing members of the Crisp County Power Commission and to provide for suits by and against the Commission, for periodic audits, and for periodic engineering surveys; and for other purposes.

HR 523. By Messrs. Ballard of Newton and Knight of Berrien:
A Resolution providing for a joint session of the General Assembly for the purpose of commending the Brunswick Corporation; and for other purposes.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 918. By Mr. Brown of Hart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Bridges, and Board of Finance for Hart County, so as to provide for meetings of the Board of Finance; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, JANUARY 31, 1962

745

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 920. By Messrs. Pickard, Wickham and Dicus of Muscogee: A Bill to be entitled an Act to amend an Act providing for a permanent pension for employees of Muscogee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 929. By Messrs. Dickey, Funk and Crawford of Chatham: A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the Town of Pooler shall be affected by the provisions thereof; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 938. By Messrs. Cox and Matthews of Clarke: A Bill to be entitled an Act to amend an Act so as to authorize the Mayor and Council of the City of Athens to close certain streets; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.

746

JOURNAL OP THE HOUSE,

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

HB 939. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act so as to provide that the Mayor and Council shall have authority to prescribe by ordinance a method for casting absentee ballots; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 940. By Messrs. Cox and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Athens, so as the redefine the corporate limits of the City of Athens, to redefine the boundaries of the wards of said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 947. By Messrs. Ware and Birdsong of Troup:
A Bill to be entitled an Act to create the Civil and Criminal Court of Troup County, in lieu of the City Court of LaGrange; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, JANUARY 31, 1962

747

SB 194. By Senator Grayson of the 1st:
A Bill to be entitled an Act to create and organize Commissioners of Chatham County, to define their jurisdiction and duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 197. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend an Act incorporating the Town of Flowery Branch in Hall County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 195. By Senator McWhorter of the 34th: A Bill to be entitled an Act creating and establishing a new Charter and municipal Government for the Town of Decatur, creating an office of city Recorder by providing for the election of a Recorder Pro Ternpore; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

748

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was taken up for purposes of considering the Senate amendment thereto.

HB 62. By Messrs. Undercofler and Jones of Sumter:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program of Education, so as to remove the provisions relat ing to the population of municipalities from the Section prescribing the procedure for determining the amount of funds needed by local units to pay teachers' salaries; and for other purposes.

The following Senate amendment was read:
Senators Lambert of the 28th, McWhorter of the 50th and McKenzie of the 13th moves to amend HB 62 as follows:
By renumbering Section 2 of said Act as Section 3.
By adding a new Section 2 which shall read as follows:
"Section 2. This amendment shall not be implemented by reduc ing allotted funds to any other school system."

Mr. Undercofler of Sumter moved that the House agree to the Senate amend ment.

On the motion to agree to the Senate amendment to HB 62, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Arnsdorff Barber Barrett Baughman Black Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brooks of Oglethorpe Brown Budd

Busbee Bynum Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Davis Deen Dollar Dorminy Doster

Duncan of Fannin Dunn Fitzgerald Fleming Flexer Floyd Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Harrell Horton Hull Hurst Johnson

WEDNESDAY, JANUARY 31, 1962

749

Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Keyton Kidd King Knight of Laurens Knight of Berrien Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McGarity Mixon Moate

Moorman Morgan Morris Mullis Murphy NeSmith Otwell Pannell Paris Parker of Screven Parker of Ware Phillips of Walton Pickard Poole Purcell Rainey Raulerson Rodgers of Charlton Scarborough Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady

Smith of Brantley Smith of Whitfield Stevens Story Tabb Taylor of Dawson Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair
Ware Watson Wells of Oconee White Williams of Hall Willingham Wilson Young

Those not voting were Messrs. :

Adams Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Birdsong Blalock Bowen of Toombs Brackin Brantley Brooks of Fulton Caldwell Clark of Catoosa Coker Crowe Dickey Dicus Duncan of Carroll Echols Flynt Fordham Fowler of Treutlen Fuqua Hale Render son Hill

Hodges Howard Jones of Lumpkin Killian Killingsworth Kimmons Lane Langford Lee of Clayton Loggins Lovett McClelland McDonald Melton Milhollin Miller Moore Moss Newton Odom Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Bibb Potts

Roberts Rogers of Paulding Roper Ross Rowland Rutland Sansgster Singer Smith of Pulton Smith of Habersham Steis Strickland Stuckey Tamplin Taylor of Decatur Taylor of Bibb Thornton Waldrop Wells of Peach Wells of Camden Wickham Wilkes Williams of Coffee Woodward Mr. Speaker

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Voting in the negative was Mr. Kirkland.

On the motion to agree, the ayes were 124, nays 1.
The Senate amendment to HB 62 was agreed to.
Mr. Lokey of McDuffie asked unanimous consent that the following Resolution of the House be recommitteed to the Committee on Special Judiciary:
HR 422-888. By Mr. Lokey of McDuffie: A Resolution proposing an amendment to the Constitution so as to create the Thomson and McDuffie County Development Authority, to provide for the submission of this amendment for ratification; and for other purposes.
The consent was granted and HR 422-888 was recommitted to the Committee on Special Judiciary.
Mr. Killian of Glynn asked unanimous consent that the following Bill of the Senate be recommitted to the Committee on Hygiene and Sanitation:

SB 12. By Senators White of the 39th, Miller of the 40th, and Owens of the 32nd and others: A Bill to be entitled an Act to provide that it shall be unlawful to manu facture, purchase, sell, deal in, transport, possess, receive, advertise, use or cause to be discharged any pyrotechnics, with certain exceptions; and for other purposes.
The consent was granted and SB 12 was recommitted to the Committee on Hygiene and Sanitation.
By unanimous consent the following Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 405-831. By Mr. Cloer of Towns:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Towns

WEDNESDAY, JANUARY 31, 1962

751

County by the people; 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 relating to the county board of education, is hereby amended by adding at the end thereof the following:

"The Board of Education of Towns County shall be composed of five members to be elected as hereinafter provided. For the pur pose of electing such members, Towns County is hereby divided into five education districts to be composed of Militia Districts as follows:

"Education District No. 1, -- 990th (Hiawassee) Militia Dis trict,

"Education District No. 2, -- 1468th (Young Harris) Militia District,

"Education District No. 3, -- 833rd (Macedonia) and 1243rd (Hiawassee River) Militia District,

"Education District No. 4, -- 918th (Brasstown) Militia Dis trict,

"Education District No. 5, -- 1138th (Lower Hightower) 1264th (Upper Hightower) and 1581st (Tate City) Militia Districts.

"Any person in order to be eligible for membership on the Board
to represent an Education District must reside in the District which he represents. There shall be one member of the Board from each Education District, but each member shall be elected county-wide. No person residing within the territory embraced within an inde pendent school system shall be eligible to vote in an election for members of the Board, nor shall any such person be eligible to serve on the Board.

"In the event this amendment is ratified, it shall be the duty of the Ordinary of Towns County to issue the call for an election to be held on the second Tuesday in December, 1962, for the purpose of electing the members of the Board of Education of Towns County as provided herein. Such call shall be issued at least fifteen days prior to the date of such election, and candidates must qualify at least ten days prior to the date of such election. It shall be the duty of the Ordinary to publish the date of the election and the purpose thereof, at least once preceding the date thereof in the official organ of Towns County. The members elected from Educa tion Districts One, Three and Four shall take office January 1, 1963

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for terms of four years and until their successors are elected and qualified. The members elected from Education Districts Two and Five shall take office January 1, 1963, for terms of two years and until their successors are elected and qualified. Biennially there after, not less than thirty days nor more than forty days prior to the general election in November, it shall be the duty of the Ordi nary of Towns County to issue the call for an election to be held county-wide on the General Election date in November to elect successors to members whose terms expire that year. All successors shall be elected for terms of four years and until their successors are elected and qualified, and shall take office on the first day of January immediately following their election. The expense of all such elections shall be borne by Towns County and it shall be the duty of the Ordinary to hold and conduct such elections.

"In the event of a vacancy on ths Board for any reason other than the expiration of a term of office, the Ordinary shall within twenty days issue a call for a special election to be held not less than twenty nor more than thirty days after the issuance of the call at which election a successor will be elected by the voters of the entire county. In the event a member moves his residence from the District he represents, a vacancy shall exist in such District and shall be filled in the same manner as other vacancies. The members of the Board shall elect their own Chairman.
"The terms of the members of the Board of Education in existence at the time of ratification of this amendment shall expire December 31, 1962, and the Board of Education of Towns County in effect at that time shall stand abolished. The Board of Education of Towns County created and provided for herein shall succeed to and be vested with all the rights, powers, duties, authority and property of such abolished Board of Education.
"The Board of Education of Towns County as provided for herein, shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amend ment."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Towns County by the People.

WEDNESDAY, JANUARY 31, 1962

753

"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Educa tion of Towns County by the People."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 therson.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum

Caldwell Chance Chandler Clarke of Monroe
Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene

Hale Hall of Lee Hall of Floyd Harrell Hendsrson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton

754

JOURNAL OF THE HOUSE,

Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris

Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens

Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs. :

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Boss Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite constitutional two-thirds major ity, was adopted.

WEDNESDAY, JANUARY 31, 1962

755

HR 409-832. By Mr. Sinclair of Macon:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the election by the people of members of the Board of Education of Macon County; to provide that the County School Superintendent of Macon County be elected by 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 GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution of Georgia, relating to County Board of Education, is hereby amended, by adding to the end thereof, the following:
"The Board of Education of Macon County shall be composed of five members, to be elected by the voters of the entire county. For the purpose of electing such members, Macon County is hereby divided into five Education Districts. Education District No. 1 shall be composed of all the area within Georgia Militia Districts Num bered 1070 (Oglethorpe) and 740 (Englishville). Education District Number 2 shall be composed of all the area within Georgia Militia District No. 757 (Ideal). Education District Number 3 shall be com posed of all the area within Georgia Militia Districts Numbered 814 (Garden Valley), and 1002 (Hicks). Education District Num ber 4 shall be composed of all that area within Georgia Militia District Number 543 (Marshallville). Education District No. 5 shall be composed of all the area within Georgia District Number 770 (Montezuma).
"One member from each of the five Education Districts shall be elected by the voters of the entire county, but in order to be eligible to represent a district on the board, the person must be a resident of said district. If a member removes his residence from the district that he represents, the remaining members of the Board shall immediately declare that a vacancy exists and shall fill such vacancy as provided for hereinafter. No person shall be eligible to serve as a member of the Board who has not been a resident of Macon County and the district from which he offers for election for two years immediately preceding the date of his election to such Board.
SECTION 2
When the above proposed amendment to the Constitution shall have been favorably acted upon by the two branches of the General Assembly, and shall have been entered on the journal of each branch with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be

756

JOURNAL OF THE HOUSE,

published and submitted to the people in the general election to be held in November, 1962, as provided for in Article XIII, Section I, Paragraph I of the Constitution of Georgia, as amended.

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

"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people, and for the election of the County School Superintendent by the Board of Education.

"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people and for the election of the County School Superintendent by the Board of Education."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall be 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.

In the event this amendment is ratified, it shall be the duty of the Ordinary of Macon County to issue the call for election which call shall be issued at least ten days prior to the date of such election and shall set the date for such election during the month of December, 1962. The date of the election and the purpose thereon will be published by the Ordinary in the official organ of Macon County at least once preceeding the election. The members elected at such election shall take office on July 1, 1963, and shall hold office for the following respective terms: The members from Education Districts Nos. 1, 2, and 3, shall hold office until December 31, 1966, and until their successors are elected and quali
fied; and the members from Education Districts Nos. 4 and 5 shall hold office until December 31, 1964, and until their successors are elected and qualified. All further elections shall be held every two years as elections for the General Assembly are held and the members elected shall take office on the 1st day of January immediately following the election.
All members elected after the initial election shall serve for a term of four years, and until their successors are elected and qualified.

All vacancies on the Board, from what-ever cause resulting, shall be filled from the District for which the vacancy exists by the remaining members of the Board, and any person so elected by the Board to fill such vacancy shall hold office until the 31st day of December after the next election for members of the General Assembly, at which time some qualified person will be elected to fill the unexpired term, if any.

WEDNESDAY, JANUARY 31, 1962

757

SECTION 3
The Board of Education of Macon County in existence at the time of ratification of this amendment is hereby abolished as of June 30, 1963, and the terms of all members of such Board shall expire at that time. All members of the Board at the time of ratification shall continue in office until June 30, 1963, excepting that any vacancy occurring- on the Board after ratification and before members elected hereunder take office shall be filled as provided by laws existing prior to such ratifica tion for the filling of such vacancies, and persons elected to fill such vacancies shall hold office only until the time provided for members' elected hereunder to take office.

SECTION 4
The Board of Education of Macon County, at its first meeting in July, 1963, following the election and qualification of its members, shall elect a Chairman, who shall serve for two years and until the next Chairman is elected. Any member may succeed himself as Chairman, at the pleasure of the Board. It is specifically provided that the Chairman of the Board shall vote only in the event of a tie vote among the other members of the full board, except that the Chairman may vote in any instance where one or more of the members of the Board are absent from any meeting and where any one or more members of the Board abstain from voting.
SECTION 5
The County School Superintendent of Macon County, holding office at the time of the ratification of this amendment shall continue to hold office until the normal expiration of his term on December 31, 1964, except that the Board, at its own pleasure, will fill any vacancy which might occur prior to the normal expiration of such term. Thereafter, the County School Superintendent of Macon County, shall be elected by the Board of Education of Macon County, and shall serve at the pleasure of the Board, and said County School Superintendent shall no longer be elected by the voters of Macon County. The Board of Education of Macon County shall fix the compensation of the County School Superin tendent.
SECTION 6
The Board of Education of Macon County, as provided for herein, and The County School Superintendent of Macon County, as provided for herein, shall be subject to all constitutional provisions and to all general statutory provisions relative to county boards of education and county school superintendents, respectively, except that this amendment will prevail when in conflict with any provisions of the general law, and except that the said Board of Education shall not be bound by any provision of law relating to residential requirements of persons elected to the office of County School Superintent.
NOTICE
Notice is hereby given that I intend to propose to the General As sembly of Georgia at its next 1962 Session the passage of a Resolution

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JOURNAL OF THE HOUSE,

to provide for the submission to the voters of Macon County of an amendment to the Constitution of Georgia so as to provide for the elec tion of the members of the County Board of Education of Macon County by the people. One board member will be elected from each of the five education districts of the county and all five members will be elected by the voters of the entire county. Said Resolution provides for the members of the said Board of Education elected pursuant to its pro visions, to take office on the 1st day of July, 1963. Said Resolution further provides for the present Macon County School Superintendent to hold office until the normal expiration of his term, but thereafter, for the office to be filled by the County Board of Education in the discretion of the County Board of Education.
J. Paul Sinclair,
State Representative,
Macon County, Georgia.

LEGAL NOTICE

Notice is hereby given that I intend to propose to the General As sembly of Georgia at its next 1962 Session, the passage of a Resolution to provide for the submission to the voters of Macon County of an amendment to the Constitution of Georgia so as to provide for the elec
tion of the members of the County Board of Education by the people. One board member will be elected from each of the five education dis tricts of the county and all five members will be elected by the voters of the entire county. Said Resolution provides for the members of the said Board of Education elected pursuant to its provision, to take office on the 1st day of July, 1963. Said Resolution further provides for the present Macon County School Superintendent to hold office until the normal expiration of his term, but thereafter, for the office to be filled by the County Board of Education in the discretion of the County Board of Education.

J. Paul Sinclair,

State Representative,

1-4-62--3t-cg.

Macon County, Georgia.

Georgia, Macon County:
J. C. Cox, a resident of said State and County, being first duly sworn, deposes and says that he is the Publisher and Editor of the Montezuma and Macon County Citizen and Georgian, a newspaper having general circulation in said County, and that the advertisement attached to this affidavit, giving notice of intention to introduce local legislation to provide for election of members of the Macon County Board of Education by the people, was run in the said newspaper in the issues published on January 4th, January llth, and January 18th, 1962.
J. C. Cox.

WEDNESDAY, JANUARY 31, 1962

759

Sworn to and subscribed before me, this 18th day of January, 1962.

/&/ W. F. Blanks, Notary Public, State of Georgia. My Commission Expires November 12, 1962.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the adoption of the Resolution the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford

Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Eeadle Kelly Keyton Kidd Killian King

Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson
Lewis of Burke Loggins Lokey Lovett Lowrey Mackay
Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis
Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven

760

JOURNAL OF THE HOUSE,

Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield

Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton

Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite constitutional two-thirds major ity, was adopted.

HR 415-859. By Mr. Wells of Camden:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Kingsland Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, JANUARY 31, 1962

761

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:

"A. There is hereby created a body corporate and politic in the City of Kingsland in Camden County to be known as the Kingsland Development Authority, which shall be an instrumen tality of the City of Kingsland and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Kingsland. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacan cies shall be filled for the unexpired term by the mayor and council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be mayor nor a member of the council of the City of Kingsland, but there shall be no other disqualification to hold public office by reason of membership in the Authority;

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Kingsland;
"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority.

"D. The powers of the Authority shall include but not be limited to, the power:

"(1) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the City of Kingsland and also without the City of Kingsland, but not beyond the limits of Camden County;

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"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations oper ating or proposing to operate any industrial plant or establishment within the City of Kingsland or at any place within Camden County sufficiently close to the City of Kingsland to be of benefit to the people of the city in the judgment of the Authority. The provisions of this clause shall not be construed to limit any other power of the Authority;

"(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and as sign any and all of its funds, property and income as security therefor;

"(5) To contract with the City of Kingsland and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;

"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Kingsland and in Camden County, and to make long-range plans therefor;

"(8) To exercise such other powers and duties as may be delegated to it by the Mayor and Council of the City of Kingsland;

"(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(10) To designate officers to sign and act for the Authority generally or in any specific matter;

"(11) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the City of Kingsland, the State of Georgia, nor Camden County;
"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia

WEDNESDAY, JANUARY 31, 1962

763

and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligations of the Authority;

"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be author ized by the Mayor and Council of the City of Kingsland but such compensation shall be paid from funds of the Authority;

"H. The City of Kingsland, in its sole discretion, is authorized, upon due and lawful passage and adoption of an ordinance, to levy an annual tax, not to exceed one mill, on all taxable property within the city for the support of the Authority and for its use and pur poses, and all funds raised by such tax shall be paid and appro priated by the City of Kingsland to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;

"I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Eevenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to authorize said authority to issue any bonds resulting in the creation of a lien against the tax digest of the City of Kingsland or any property located therein;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of

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Kingsland and its citizens, industry, agriculture, trade, commerce and recreation within the City of Kingsland and in Camden County, and making of long-range plans for such development and expan sion and to authorize the use of public funds of the City of Kingsland for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation;

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Kingsland with power to extend its operations outside of the City of Kingsland but not beyond the liimts of Camden County as herein provided, and the scope of its operations shall be limited to the territory embraced within Camden County and the City of Kingsland. The general assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Kingsland and Camden County;

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Kingsland, State of Georgia, nor Camden County."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Constitution so as to create the Kingsland Development Author ity and to provide for powers, authority, funds, purposes and procedure connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persans desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this

WEDNESDAY, JANUARY 31, 1962

765

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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethdrpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen

Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton

Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Monroe McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson

766

JOURNAL OP THE HOUSE,

Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland
Rutland Scarborough Scoggin Sheffield
Shuman Simpson Sinclair Singer
Smith of Grady Smith of Brantley

Smith of Habersham Smith of Whitfield
Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson
Taylor of Bibb Teague Thorn ton
Todd Tucker Twitty

Undercofler Underwood Vaughn Walker of Lowndes Walker of Telfair Ware Watson
Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham
Wilson Young

Those not voting were Messrs.:

Adams
Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker
Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen
Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia
Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 416-862. By Mr. Knight of Berrien:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Berrien County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, JANUARY 31, 1962

767

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

Article V, Section IX of the Constitution is hereby amended by adding at the end thereof new paragraphs which shall read as follows:

"A. There is hereby created a body corporate and politic in Berrien County, Georgia, to be known as the Berrien County Indus trial Building Authority, which shall be an instrumentality of Berrien County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members. The Presi dent of the Berrien County Chamber of Commerce, the Mayor of the City of Nashville, and the Chairman of the Berrien County Board of Commissioners shall be ex officio members of the Author ity. In addition the Board of Commissioners of Roads and Revenue of Berrien County shall appoint two members and shall be eligible for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall con stitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Berrien County.

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell
convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

768

JOURNAL OF THE HOUSE,

"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Berrien County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Berrien County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possesion. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revnues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Berrien County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, 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 lawful

WEDNESDAY, JANUARY 31, 1962

769

debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing powers of Berrien County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Berrien County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"1. The undertaking for which the bonds are to be issued will increase employment in Berrien County.

"2. The lessee or purchaser of the building or buildings in volved will not by virture of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 Berrien County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Berrien County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the ac complishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

770

JOURNAL OF THE HOUSE,

"N. The General Assembly may by law further define and may prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Berrien County and the scope of its operations shall be limited to the territory em braced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Berrien County Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Berrien County Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Berrien County shall vote for rati fication thereof, this amendment shall become a part of the Constitution of the State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 31, 1962

771

Those voting in the affirmative were Messrs.

Abney Akins
Andrews of Hall Arnsdorff Ballard
Barber Barnett of Wilkes Barnett of Baker Barrett
Baughman Birdsong Black Blalock
Boggs Bolton
Bowen of Randolph Boyett Bozeman Branch
Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum
Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy
Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee

Hall of Floyd
Harrell Henderson Horton Hurst Johnson
Joiner Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King
Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Logging
Lokey Lovett Lowrey Mackay Massee
Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin
Miller Mixon Moate Moore Moorman Morgan
Morris Mullis
Murphy NeSmith Odom Otwell Pannell
Paris Parker of Screven

Parker of Ware
Farmer Phillips of Walton
Phillips of Bibb Pickard
Poole Purcell
Rainey Raulerson
Roberts Rodgers of Charlton Rogers of Paulding
Roper Rowland
Rutland Scarborough Scoggins Sheffield
Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis
Stevens
Story Strickland
Tabb Tamplin Taylor of Dawson
Taylor of Bibb
Teague Thornton
Todd Tucker Twitty Undercofler Underwood of Taylor
Vaughn Walker of Lowndes Walker of Telfair
Ware Watson Wells of Oconee Wells of Camden
White Wilkes Williams of Coffee Willingham
Wilson
Young

772

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams

Hodges

Andrews of Stephens

Howard

Bowen of Toombs

Hull

Brackin

Killingsworth

Clark of Catoosa

Kimmons

Coker

Kirkland

Crowe

McClelland

Dickey

Melton

Dicus

Moss

Doster

Newton

Fleming

Parker of Appling

Flynt

Payton

Fowler of Douglas

Pelham

Fuqua

Phillips of Columbia

Hill

Potts

Ross
Sangster Simmons Smith of Pulton
Stuckey Taylor of Decatur Underwood of
Montgomery
Waldrop Wells of Peach
Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 418-875. By Mr. Rowland of Johnson:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize governing body of Johnson County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in fur therance of such to create the County Development Authority; to pro vide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. In addition to the purposes for which taxes may be levied by counties as provided in said Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia the Commissioner of Eoads and Revenues and Advisory Board of Johnson County be and are hereby authorized to levy an annual ad valorem tax not exceeding five mills per dollar of assessed valuation on all property located in said Johnson County not excluding any realty homestead

WEDNESDAY, JANUARY 31, 1962

773

exemption, such funds so produced by such levy to be used by said County in aiding and assisting in the promotion and establishing new industries and the expansion of agriculture, trade and com merce therein. Said governing body of said County may appropriate to the Authority (hereinafter created) such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as hereinafter provided, or as may hereafter be defined by law;

"B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Johnson County and its citizens industry, agriculture, trade and commerce within the County of Johnson and making long range plans for such develop ment and expansion and to authorize the levy of taxes and the use of public funds of said County for such purpose and in the fur therance thereof there be and is hereby created a body corporate and politic in said County to be known as Johnson County Develop ment Authority which shall be an instrumentality of Johnson County and a public corporation, hereinafter in this amendment sometimes referred to as the 'Authority';

"C. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by majority of the governing body of Johnson County. The first mem bers shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said governing body. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing body of said County but there shall be no other dis qualification to hold public office by reason of membership in the Authority;

"D. The property, obligation and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Johnson County;

"E. The powers of the Authority, shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own operate, main tain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Johnson County;

"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in-

774

JOURNAL OP THE HOUSE,

dustrial plant or establishment within Johnson County which in the judgment of the Authority will be of benefit to the people of said County. The provisions of this clause shall not be construed to limit any other powers of the Authority;

"(4) To borrow money and to issue notes, bonds and revenue bonds or certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as se curity therefor;

"(5) To contract with Johnson County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name;

"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Johnson County, and to make long range plans therefor;

"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(9) To designate officers to sign and act for the Authority generally or in any specific matter;

"(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated;
"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Johnson County except to the extent and in the manner as to said County as herein set forth;
"G. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any contractural obligation of the Authority;
"H. The members of the Authority shall receive no compen sation for their services to the Authority;

WEDNESDAY, JANUARY 31, 1962

775

"I. The Authority with the consent of the Commissioner of Roads and Revenues and Advisory Board of Johnson County is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received in cluding appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Johnson County De velopment Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the con struction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceed ing thirty years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, cov enants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be nontaxable for any and all purposes. The governing body of Johnson County by a majority vote of its members at a regular or special meeting is hereby authorized to consent to and approve the issuance of Revenue Bonds by the Johnson County Development Authority which consent and approval may be in the form of a contract between the County and Authority and shall be recorded in the minutes of said body and shall show the amount, the date, the ma turities and rate or rates of interest of the said bonds thus con sented to and approved and when so consented to and approved shall bind the said governing body of said County then in office and their successors in office or such other authority or body of said County as may hereafter be empowered to levy taxes for the purpose of providing such funds as may be necessary to pay the principal of and interest on the said bonds consented to and ap proved and to create and maintain a reserve for that purpose. Such bonds issued by the said Authority shall be validated in the Superior Court of Johnson County in the same manner as revenue bonds of Municipalities are validated as provided in Code Sections 87-815 et seq of the Code of Georgia, and in the proceedings to validate such bonds, both the Johnson County Development Authority and the Commissioner of Roads and Revenues and Advisory Board of John son County shall be named as parties defendant. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the said governing body or other taxpayihg authority of said County;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income

776

JOURNAL OF THE HOUSE,

may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"L. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within sixty (60)) days after such proclamation;

"M. This amendment is self enacting and does not require any enabling legislation for it to become effective; however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the man agement and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instru mentality of Johnson County, and the scope of its operation shall be limited to the territory embraced within said County;

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority or obligations of the County to the Authority shall be construed as a debt of Johnson County within the meaning of the provisions of Article VII, Section VII, Paragraph 1 of the Constitution of the State of Georgia."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to authorize Johnson County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and com merce and in furtherance of such purpose to create the Johnson County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof.

"Against ratification of amendment to the Constitution so as to authorize Johnson County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Johnson

WEDNESDAY, JANUARY 31, 1962

777

County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as proived in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for election 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins
Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Boggs Bolton
Bowens of Randolph Boyett
Bozeman Branch Brantley
Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum
Caldwell

Chance Chandler
Clarke of Monroe Cloer
Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar
Dorminy Duncan of Fannin
Duncan of Carroll Dunn
Echols Fitzgerald Flexer
Floyd Fordham Fowler of Douglas Funk Greene Hale
Hall of Lee

Hall of Floyd Harrell
Henderson Horton
Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle
Kelly Keyton
Kidd Killian
King Knight of Laurens Knight of Berrien
Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke
Loggins

778

JOURNAL OF THE HOUSE,

Lokey Lovett Lowrey Mackay Massee Matthews of Clarke
Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon
Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom
Otwell Pannell Paris Parker of Screven Parker of Ware

Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell
Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens

Story Strickland
Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair
Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews Bowen of Toombs Brackin
Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach
Wickham Williams of Hall
Woodward Smith

On the adoption of the Resolution, the ayes were 162, nays 0.

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

WEDNESDAY, JANUARY 31, 1962

779

HR 421-875. By Mr. Wells of Peach County:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

Article VII, Section VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the
end thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, the County Board of Education of Peach County is hereby authorized and empowered to borrow funds for the pur pose of constructing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Peach County from the State through the minimum Foundation Program for Education as security and payment therefor."

SECTION 2

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof.
"Against ratification of amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof"
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

780

JOURNAL OF THE HOUSE,

If 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 re sult 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.

On the adoption of the Resolution the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins
Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler
Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner
Cox Crawford Culpepper

Davis Been Dollar Dorminy Duncan of Fannin
Duncan of Carroll Dunn Echols Fitzgerald Flexer
Floyd Fordham
Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell
Henderson Horton Hurst Johnson Joiner Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Sumter
Jordan Keadle Kelly Keyton Kidd Killian
King Knight of Laurens Knight of Berrien

Lane Langford Lee of Clayton Lee of Clinch Lewis of Wilkerson Lewis of Burke
Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller
Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton

WEDNESDAY, JANUARY 31, 1962

781

Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson

Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker

Twitty Undercofler
Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Well of Camden White
Wilkes Williams of Coffee Willingham Wilson
Young

Those not voting were Messrs.:

Adams
Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe
Dickey Dicus Doster Fleming Flynt
Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland
McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey
Taylor of Decatur Underwood of
Montgomery Waldrop
Wells of Peach Wickham Williams of Hall Woodward

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 428-907. By Mr. Brackin of Seminole:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.

782

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

"A. There is hereby created a body corporate and politic in Seminole County to be known as the Donalsonville and Seminole County Industrial Building Authority, which shall be an instru mentality of seminole County and the City of Donalsonville, and a public corporation and which in this amendment is hereafter re ferred as the 'Authority';

"B. The Authority shall consist of seven members. The Pres ident of the Chamber of Commerce of Donalsonville and Seminole County, the Mayor of the City of Donalsonville, and the Chairman of the Seminole County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Seminole County and the Mayor and Coun cil of the City of Donalsonville each shall appoint two members who shall be eligible for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the Board of County Commissioners and the Mayor and Council of the City of Donalsonville as applicable. A majority of the mem bers shall constitute a quorum and a majority may act for the Au thority in any matter. No vancancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obli gations of the Authority shall have the same immunity from tax ation as the property, obligations and interest on the obligations of Seminole County or the City of Donalsonville.

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and adminster gifts, grants and donations and to adminster trusts;

"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or in indentures, and to sell, convey, mortgage, pledge and assign any and all its funds, property and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the
power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents

WEDNESDAY, JANUARY 31, 1962

783

may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Seminole County and in the City of Donalsonville so as to relieve insofar as possible unem ployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Seminole County, suitable for intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, in cluding all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of an existing building and the remodeling, renovating, reconstruct ing, furnishing and equipping such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur
pose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Seminole County or the City of Donalsonville.

"P. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all

784

JOURNAL OF THE HOUSE,

respects in accordance with the Revenue .Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, 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, hypo thecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or con dition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Seminole County or the City of Donalsonville, to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Seminole County or the City of Donalsonville;

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"1. The undertaking for which the bonds are to be issued will increase employment in Seminole County or in the City of Donal sonville.
"2. The lessee or purchaser of the building or buildings in volved will not by virture of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said 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 Seminole County and the City of Donalsonville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Seminole County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with

WEDNESDAY, JANUARY 31, 1962

785

reference to the Authority shall be liberally construed for the ac complishment of these purposes.

"M. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Seminole County and the City of Donalsonville and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Seminole County shall vote for ratification thereof, this amendment shall become a part of the Consti
tution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

786

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows;

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols

Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen

McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis

WEDNESDAY, JANUARY 31, 1962

787

Stevens Story Strickland Tabb Tamplin Taylor of Dawson
Taylor of Bibb Teague Thornton

Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware

Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe
Dickey Dicus
Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges
Howard Hull
Killingsworth Kimmons Kirkland McClelland Melton Moss
Newton Parker of Appling
Payton Pelham Phillips of Columbia
Potts

Ross Sangster Simmons Smith of Fulton
Stuckey Taylor of Decatur
Underwood of Montgomery
Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 449-915. By Mr. Sheffield of Brooks:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia so as to provide for the merger of the existing independent school system of the City of Quitman and existing school district of Brooks County ly ing outside the corporate limits of said City, into one school system co extensive with the limits of Brooks County; to provide for a Board of Education; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution of the State

788

JOURNAL OF THE HOUSE,

of Georgia is hereby amended by adding at the end thereof the fol lowing:

"The existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of the City of Quitman are merged hereby into one school system coextensive with the limits of Brooks County, which shall be known as Brooks County School System. The existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of the City of Quitman shall cease to exist. Brooks County School System shall constitute a political subdivision of the State of Geor gia separate from the political entities of the City of Quitman and Brooks County.

"Brooks County School System is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving and equipping school buildings and facilities and acquiring the necessary property therefor.

"Brooks County School System is vested with the power to conduct a system of public education throughout the limits of said
County and with all powers and authority granted to public school systems and districts by the Constitution and laws of the State of Georgia

"Brooks County shall be divided into six Education Districts as follows:

"Education district No. 1 shall include the area lying within the boundaries of Georgia militia districts #1230 (Dry Lake) and # 1712 (Williams), as now organized.

"Education district No. 2 shall include the area lying within the boundaries of Georgia militia district #659 (Nankin) and all of the area lying within the boundaries of Georgia militia district #1199 (Quitman) as now organized, except that portion which lies within the corporate limits of the City of Quitman as now existing or later established.

"Education district No. _3 shall include the area lying within the boundaries of Georgia militia districts #1402 (Dixie), #1198 (Grooverville), #1412 (Hickory Road) and #1718 (Empress), as now organized.

"Education district No. 4 shall include the area lying within the boundaries of Georgia militia districts #1571 (Barney) and #790 (Tallokas), as now organized.
"Education district No. 5 shall include the area lying within the boundaries of Georgia militia district #660 (Morven) and #1650 (Briggs), as now organized.
"Education district #6 shall include the area lying within the

WEDNESDAY, JANUARY 31, 1962

789

boundaries of the corporate limits of the City of Quitman as now existing or later established.

"The administration of Brooks County School System shall be vested in a Board to be known as Brooks County Board of Education. Said Board shall consist of seven members. One member shall reside in and be chosen from Education district No.l; one member shall reside in and be chosen from Education district No. 2; one member shall reside in and be chosen from Education district No. 3; one member shall reside in and be chosen from Education dis trict No. 4; one member shall reside in and be chosen from Educa tion district No. 5; and two members shall reside in and be chosen from Education district No. 6. The members of said board shall re ceive such compensation as is provided by law for members of coun ty school boards, or $15 per month whichever amount is larger.

"The persons serving as members of the existing Brooks County Board of Education on the 1st day of January 1963, shall become members automatically of the new Brooks County Board of Education created by this amendent. The term of office of said mem bers residing in Education districts Nos. 4 and 5 shall expire on the last day of December, 1966. The term of office of said members re siding in Education disaricts No.l, 2, and 3 shall expire on the last day of December, 1964.
"On the first Tuesday in December in the year 1962, an election shall be held for the purpose of electing two members of the new Brooks County Board of Education (created by this amendment) from Education district No. 6. The Ordinary of Brooks County, Georgia shall issue the call for such election within 5 days after the general election in the year 1962. Such members shall take office on the first day of January, 1963. The term of office of the member receiving the highest number of votes shall expire on the last day of December, 1966. The term of office of the other member shall expire on the last day of December, 1964. The candidates for such offices who desire that their names appear on the printed ballot shall file written notice of their candidacy with the Ordinary of Brooks County, Georgia at least 15 days before the date of such election. All of the voters in Brooks County who were qualified to vote in the general election in 1962 shall be eligible to vote in such election. The laws governing elections of members of the Gen eral Assembly of Georgia shall govern such election and future elec tions in so far as they are applicable.
"Except in case of vacancies, the successor to each member of the new Brooks County Board of Education created by this amend ment shall be elected in the year in which the term of office of said members will expire and at the same time and in the same manner as members of the General Assembly of Georgia are elected. Except in case of vacancies, the term of office of each member of said Board elected by the people at the general election shall be for four years beginning with the first day of January following his election. Each member of said Board shall serve until his successor is elected and qualified. Vacancies in the membership of said Board shall be filled by the remaining members of said Board. Successor members elected by the Board to fill vacancies shall serve until the next general

790

JOURNAL OF THE HOUSE,

election at which time a successor member shall be elected to fill the unexpired term.

"Any person offering as a candidate to represent an Education district on the Board must reside in the district from which he offers. No person shall be eligible for membership on the Board unless he has resided in the Education district from which he offers as a candidate for at least one year immediately preceding the date of the election. If any member of the Board shall change his resi dence from the Education district that he represents he shall no longer represent that District and a successor shall be elected as provided in this amendment. No person shall be eligible to hold office as a member of said Board who is not a freeholder in Brooks County, who is not of good moral character, or who is not qualified to vote for members of the General Assembly. In addition to the qualifications set forth in this amendment, no person shall be eligible to hold office as a member of said Board unless he has all of the other qualifications provided by law for County school board members not in conflict with those set forth in this amendment. The qualified voters of Brooks County shall be authorized to vote for the election of all members of said Board.
"The existing Brooks County Board of Education shall continue to manage and operate the school system under its jurisdiction through the last day of June, 1963 at which time said Board shall cease to exist. The existing Board of Education of the City of Quitman shall continue to manage and operate the school system under its jurisdiction through the last day of June, 1963, at which time said Board shall cease to exist. Prom the first day of January, 1963, through the last day of June, 1963, the new Brooks County Board of Education created by this amendment, shall have power and authority to do any and all acts which may be necessary or proper in preparation for the operation of a merged school system from and after the last day of June, 1963. The new Brooks County Board of Education created by this amendment shall operate a school system coextensive with the limits of Brooks County from and after the last day of June, 1963.
"The City of Quitman and Brooks County are authorized to make appropriations for educational purposes from their general funds to the new Brooks County School System created by this amendment.
"The new Brooks County School System created by this amend ment shall have the power of eminent domain with all the remedies to execute such power provided in the Constitution and laws of Georgia.
"The property of the independent school system of the City of Quitman and the property of the school district of Brooks County lying outside the corporate limits of the City of Quitman shall become the property of the new Brooks School System created by this amendment.
"The new Brooks County School System created by this amend ment shall have the right and authority to incur indebtedness, not

WEDNESDAY, JANUARY 31, 1962

791

in conflict with the Constitution of the State of Georgia; the right to contract and be contracted with; to sue and be sued; to do all and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Brooks Coun ty and to effectuate the purposes of this amendment. Nothing however in this amendment nor in any act or acts of the General Assembly shall waive the governmental immunity of the new Brooks County School System created by this amendment.

"Specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby grant ed to the new Brooks County Board of Education created by this amendment, and all powers to be granted to said school system by the General Assembly pursuant to this amendment are to be liberally construed so as to effectuate the general purposes of establishing and maintaining a comprehensive system of public education through the limits of Brooks County.

"The powers hereby granted to the new Brooks County School System created by this amendment and the powers to be granted to said school system by the General Assembly pursuant to this amendment shall exist notwithstanding other provisions of this Con stitution or any general or special laws of the State of Georgia.

"The new Brooks County School System created by this amend ment assumes all debts, contracts and other obligations of the Board of Education of the City of Quitman and of the existing Brooks County Board of Education.
"The General Assembly is authorized to pass such Laws as may be necessary or desirable to the operation, conduct and control of the new Brooks County School System created by this amend ment and its fiscal affairs which are not in conflict with this amend ment. The General Assembly may from time to time enact special acts amending any act or acts enacted pursuant to this amendment.
"The provisions of this amendment shall be self executing and shall not require enabling legislation by the General Assembly before they become effective.
"The merger of the existing two school systems in Brooks County shall take place at the end of the last day of June, 1963."

SECTION 2
If the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed 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:

792

JOURNAL OP THE HOUSE,

"For ratification of amendment to the Constitution so as to provide for the merging of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said City into one school system coextensive with the limits of said County.

"Against ratification of amendment to the Constitution so as to provide for the merging of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said City into one school system coextensive within the limits of said County."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard
Barber Barnett of Wilkes Barnett of Baker Barrett Baughman
Birdsong Black
Blalock Boggs Bolton Bowen of Randolph Boyett
Bozeman Branch

Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd
Busbee Bynum Caldwell Chance Chandler
Clarke of Monroe Cloer
Cocke Collins Conner Cox Crawford
Culpepper Davis

Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll
Dunn Echols Fitzgerald Flexer Floyd
Fordham Fowler of Douglas
Funk Greene Hale Hall of Lee Hall of Floyd
Harrell Henderson

WEDNESDAY, JANUARY 31, 1962

793

Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Colquitt Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity

Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman

Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens
Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

794

JOURNAL OF THE HOUSE,

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

HR 451-918. By Mr. Paris of Barrow:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Barrow County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Barrow County, to be known as the Barrow County Industrial Building Authority, which shall be an instrumentality of Barrow County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members. The Presi dent of the Winder-Barrow Chamber of Commerce, the Mayor of the City of Winder, and the Chairman of the Barrow County Board of Commissioners of Roads and Revenues shall be ex-officio mem bers of the Authority. In addition, the Board of Commissioners of Roads and Revenues of Barrow County shall appoint two members who shall serve for a term of five years and who shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Barrow County.
"D. The powers of the Authority shall include, but not be limited to, the power:
"(1). To receive and administer gifts, grants and donations and to administer trusts;
"(2). To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell,

WEDNESDAY, JANUARY 31, 1962

795

convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3). To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4). To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5). To encourage and promote the expansion and develop ment of industrial and commercial facilities in Barrow County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or struc ture within the limits of Barrow County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acqui
sition of an existing building and the remodeling, renovating, re constructing, furnishing and equipping of such building;

"(6). No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7). To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8). To designate officers to sign and act for the Authority generally or in any specific matter;
"(9). To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Barrow County;

796

JOURNAL OF THE HOUSE,

"P. The members of the Authority shall receive no compen sation for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing here in contained shall be construed to create a right to compel any exercise of the taxing power of Barrow County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Barrow County;
"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"1. The undertaking for which the bonds are to be issued will increase employment in Barrow County.
"2. The lessee or purchaser of the building or buildings in volved will not by virture of establishing operations in said County, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 Barrow County subject to any mortgages, liens, leases or other encum-

WEDNESDAY, JANUARY 31, 1962

797

brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Barrow County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Barrow County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Barrow County Industrial Building Authority.
"Against ratification of amendment to the Constitution so as to create the Barrow County Industrial Building Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Barrow County shall vote for rati fication thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it

798

JOURNAL OF THE HOUSE,

shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue
his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Been

Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson
Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton

Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson

WEDNESDAY, JANUARY 31, 1962

799

Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley

Smith of Habersham Smith of Whitfield
Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Teague Thornton
Todd Tucker Twitty Undercofler

Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden
White Wilkes Williams of Coffee
Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland
McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 454-918. By Mr. Harrell of Fayette:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Peachtree City Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

800

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

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

"A. There is hereby created a body corporate and politic in Peachtree City Industrial Building Authority, which shall be an instrumentality of Peachtree City and a public corporation and which in this amendment is hereby referred to as the 'Authority'.

"B. The Authority shall consist of three members, all of whom shall be residents of Peachtree City and all of whom shall be ap pointed by the Council of Peachtree City. The original members shall be appointed for two, four and six year terms, such terms to be determined by lot. Subsequent terms shall be for six years. Members shall be eligible for reappointment. Members shall serve until their successors are duly appointed and qualify and may be removed from office by the Council of Peachtree City only for misconduct or moving their residence from Peachtree City. Vacan cies shall be filled for an unexpired term by the Council of Peachtree City. No vacancy shall impair the power of the Authority to act. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Peachtree City.

"D. The powers of the Authority shall include, but not be limited to, the power:

"1. To receive and administer gifts, grants and donations and to administer trusts;
"2. To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the pro visions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, p.p 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority.
"3. To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and executive deeds to secure debt, trust deeds, trust agreements or debentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"4. To contract with political subdivisions of the State of

WEDNESDAY, JANUARY 31, 1962

801

Georgia and with privats persons and corporations and to sue and be sued in its corporate name;

"5. To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"6. To encourage and promote the expansion and development of industrial and commercial facilities in Peachtree City so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Peachtree City suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acquisi tion of an existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building;

"7. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the build ing or buildings and to pay rentals or installments sufficient, to gether with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in con nection with the undertaking.
"8. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"9. To designate officers to sign and act for the Authority generally or in any specific matter; and

"10. To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Aiithority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia, Fayette County or Peachtree City and nothing herein contained shall be construed to create a right to compel any exercises of taxing power of Peachtree City to pay any indebtedness or the interest thereon of the Authority nor to enforce payment thereof against any property of Peachtree City.

802

JOURNAL OF THE HOUSE,

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. The Authority may authorize additional revenue bonds,
for extensions and permanent improvements to any industrial build ing acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Certificates or bonds so placed in escrow shall, when sold and delivered, have such standing with the certificates or bonds of the same issue as may be pi-ovided in the authorizing proceedings.

"H. No obligations except refunding obligations shall be issued hereunder unless the Authority shall have found and declared that:

"1. The undertaking for which the obligations are to be issued will increase employment in Peachtree City;

"2. The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said city reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"I. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment or other promotional expenses.

"J. Should said 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 Peachtree City, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"K. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within Peachtree City and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accom plishment of these purposes.

"L. This amendment shall be sslf-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Peachtree City and the scope of its operations shall be limited to the territory embraced within said City. The General Assembly shall not extend the juris-

WEDNESDAY, JANUARY 31, 1962

803

diction of the Authority nor the scope of its operations beyond such limits."
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Peachtree City Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Peachtree City Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph

Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd

804

JOURNAL OF THE HOUSE,

Busbee Bynum Caldwell Chance Chandler Clarke of Monroe
Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk
Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian

King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson
Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts

Rodgers of Charlton Rogers of Paulding Roper Rowland
Rutland Scarborough
Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teagua Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs. :

Adams Andrews of Stephens Bowen of Toombs
Brackin Clark of Catoosa

Coker Crowe Dickey Dicus Doster

Fleming Flynt Fowler of Treutlen
Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton

WEDNESDAY, JANUARY 31, 1962

805

Parker of Appling Payton Pelham Phillips of Columbia Potts Ross Sangster Simmons Smith of Fulton Stuckey

Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 455-918. By Mr. Bowen of Randolph:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Randolph County Development Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Randolph County to be known as the Randolph County Development Authority, which shall be an instrumentality of Randolph County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for re-ap pointment. The members shall be elected by a majority of the Com missioners of Roads and Revenues of Randolph County, three of whom shall reside within the city limits of Cuthbert, Georgia, two within the city limits of Shellman, Georgia, and three at large from the area of Randolph County. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of five years; and thereafter their successors shall be appointed for term of five years. Vacancies shall be filled

806

JOURNAL OF THE HOUSE,

for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be a member of the Board of County Commissioners of Randolph County, but there shall be no other disqualification to hold public office by reason of membership in the Authority.

"C. The property, obligations and interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Randolph County.

"D. The powers of the Authority shall include, but not be limited to, the power:

"1. To receive and administer gifts, grants and donations and to administer trusts;

"2. To borrow money, to issue notes, bonds and revenue certifi
cates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"3. To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"4. To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"5. To encourage and promote the expansion and development of industrial and commercial facilities in Randolph County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Randolph County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereof of a building, in cluding the demolition of existing structures, or through the acquisi tion of an existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building;
"6. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years

WEDNESDAY, JANUARY 31, 1962

807

from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

"7. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"8. To designate officers to sign and act for the Authority generally or in any specific matter;

"9. To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Randolph County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.
"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding,, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypo thecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Randolph County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Randolph County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have

808

JOURNAL OP THE HOUSE,

such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.

"J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and person, held by the
Authority at the time of such dissolution shall revert to Randolph County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"K. This amendment is adopted for the purpose of promoting and expanding for the good and welfare industry and trade within Randolph County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplish ment of these purposes.
"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty (30) days after such proclamation.
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Randolph County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Randolph County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Randolph County Development Authority."

WEDNESDAY, JANUARY 31, 1962

809

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Randolph County shall vote for ratification thereof, this amendment shall become a part of the Constitu tion of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified,
issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Barnett of Baker Barrett
Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler

Clarke of Monroe
Cloer Cocke Collins Conner
Cox
Crawford Culpepper Davis Deen
Dollar Dorminy Duncan of Fannin Duncan of Fowler Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton

Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien
Lane
Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke

810

JOURNAL OP THE HOUSE,

Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moato Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parmer Phillips of Walton Phillips of Bibb Pickard

Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb

Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite constitutional two-thirds major ity, was adopted.

WEDNESDAY, JANUARY 31, 1962

811

HR 460-922. By Messrs. Pickard, Dicus and Wickham of Muscogee:

A RESOLUTION

Proposing an amendment to the Constitution to authorize Muscogee County to make appropriations from County funds not derived from ad valorem taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Mus cogee County and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such purposes, or through such agencies as it may designate; 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 IV, Paragraph I, of the Constitution is hereby amended by adding at the end of said paragraph the following language:

"Provided, however, that Muscogee County is authorized to make appropriations from County funds not derived from ad valorem taxation to advertise and promote the agricultural, indus trial, historic, recreational and natural resources, facilities and assets of Muscogee County and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such pur poses or through such agencies as it may designate."

SECTION 2

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

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

"For ratification of an amendment to the Constitution so as to authorize Muscogee County to make appropriations to promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Muscogee County and environs.

"Against ratification of an amendment to the Constitution so as to authorize Muscogee County to make appropriations to promote the agricultural, industrial, historic, recreational and natural re sources, facilities and assets of Muscogee County and environs."

812

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing1 to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns
for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to:

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer

Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carol! Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty

Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin

814

JOURNAL OF THE HOUSE,

Assembly may grant to the governing authority of Hall County, Geor gia, the right to construct and repair sanitary sewers within any unin corporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall
consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to provide for the issuance and en forcement of executions for the collection of such assessments, and for the creation of liens against the abutting property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VII, Section IV, Paragraph II, of the Constitution of Geor gia of 1945 is amended by adding thereto the following:

"The General Assembly may grant to the governing authority of Hall County, Georgia, in addition to powers already granted, the power to construct and repair sanitary sewers within any unincor porated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property."

SECTION 2

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution authorizing the governing authority of Hall County, Georgia.
"Against ratification of amendment to the Constitution author izing the governing authority of Hall County, Georgia."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph

WEDNESDAY, JANUARY 31, 1962

813

Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey

Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb

Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn
Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker
Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery
Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite constitutional two-thirds major ity, was adopted.

HR 463-922. By Mr. Williams of Hall:
A RESOLUTION
Proposing to the qualified voters of Hall County an amendment to the Constitution of the State of Georgia to provide that the General

WEDNESDAY, JANUARY 31, 1962

815

of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for election 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper

Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien

Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton

816

JOURNAL OF THE HOUSE,

Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson

Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd

Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs:

Adams Andrews of Stephens
Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton
Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 464-922. By Messrs. Williams and Andrews of Hall:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Board of Com missioners of Roads and Revenues of Hall County, Georgia, to enact ordinances for the policing and governing of said county and the en forcement of all duties and powers now or hereafter vested in said Board; to provide penalties for violation of such ordinances; to provide

WEDNESDAY, JANUARY 31, 1962

817

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 I of the Constitution of the State of Georgia of 1945 is amended by adding a new paragraph which shall read as follows:

"The General Assembly of the State of Georgia is hereby au thorized :

'1. To empower the Board of Commissioners of Roads and Rev enues of Hall County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, of regulating the traffic on the streets, roads and highways thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of Hall County, Georgia, and to provide penalties for violations of such ordinances.

'2. In the event any phrase, clause, paragraph, or portion there of of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other
phrases, clauses, paragraphs or portions of this amendment, which shall remain of full force and effect, as if the phrase, clause, para graph or portion thereof so adjudged invalid was not originally a part hereof.' "

SECTION 2

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

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

"For ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of Hall County and en forcement of County ordinances.

"Against ratification of amendment to the Constitution to pro-

818

JOURNAL OF THE HOUSE,

vide for the adoption of ordinances for policing of Hall County and enforcement of County ordinances."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell

Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Been Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer
Floyd Fordham Fowler of Douglas Funk Greene Hale
Hall of Lee

Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins

WEDNESDAY, JANUARY 31, 1962

819

Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven

Parker of Ware Farmer Phillips of Walton
Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Cliarlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis

Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham
Wilson Young

Those not voting were Messrs. :

Adams Andrews of Stephens
Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua
Hill

Hodges Howard
Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling
Payton Pelham Phillips of Columbia
Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution the ayes were 162, nays 0.

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

820

JOURNAL OF THE HOUSE,

HR 467-922. By Mr. Joiner of Washington:

A RESOLUTION

Proposing an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945, ratified November 4, 1952, as amended, so as to provide for the appointment of a School Superintend ent by the Board of Education of Washington County to serve for the unexpired term when a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945, ratified November 4, 1952, as amended, is hereby amended by adding at the end of said paragraph the following:
"If a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term, the Board of Education of Washington County shall appoint a successor to serve for the unexpired term. The person so appointed shall have the same qualifications and shall receive the same salary as is fixed by law."
SECTION 2

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of an amendment to the Constitution so as to provide that the Board of Education of Washington County shall appoint a successor to serve for the unexpired term when a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term.

"Against ratification of an amendment to the Constitution so as to provide that the Board of Education of Washington County shall appoint a successor to serve for the unexpired term when a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term."

WEDNESDAY, JANUARY 31, 1962

821

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer

Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty

Jones of Worth Jones of Lumpkin Jones of Sumter Jordan
Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen McDonald McGarity Milhollin

822

JOURNAL OP THE HOUSE,

Miller
Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith
Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey

Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb

Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens
Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey
Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling
Payton Pelham Phillips of Columbia
Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 474-942. By Mr. McDonald of White:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create a body corporate and politic to be known as the "White County Industrial

WEDNESDAY, JANUARY 31, 1962

823

Building Authority"; to provide for powers, authority, funds, purposes and procedures connected 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 GEOR GIA:
SECTION 1

Article V, Section IX, Paragraph I of the Constitution, is hereby amended by adding at the end thereof new paragraphs which shall read as follows:

"There is hereby created a body corporate and politic in Cleve land, Georgia, to be known as the White County Industrial Building Authority, which shall be an instrumentality of Cleveland, Georgia and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.

"The Authority shall consist of five members. The President of the White County Redevelopment Corporation, the Mayor of the Cleveland City Council, and the Chairman of the White County
Board of Education shall be ex-officio members of the Authority. In addition the Chairman of Commissioners of Roads and Revenues
of White County shall appoint two members and they shall be eligible for a term of five years and shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Chairman of Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Cleve land, Georgia.
"The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(3 To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation, except such as are inconsistent with this amendment, including the

824

JOURNAL OP THE HOUSE,

power to appoint and hire officers, agents and employees and to
provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

"(5) To encourage and prornots the expansion and development of industrial and commercial facilities in White County and the City of Cleveland, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of White County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structure, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or conveni ent to accomplish the purpose and powers of the Authority as here in stated.
"The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or White County, or the City of Cleveland, Georgia.
"The members of the Authority shall receive no compensation for their services to the Authority.

"In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is

WEDNESDAY, JANUARY 31, 1962

825

hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Georgia Code 87-8, 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 other wise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide secu rity for any bonds issued as provided herein, and such trust agree ment or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of White County or the City of Cleveland to pay any such bonds or the interest thereon nor to enforce payment thereof against
any property of White County or the City of Cleveland.

"The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such stand ing with the bonds of the same issue as may be provided in the authorizing proceedings.

"No bonds, except refunding bonds, shall be issued hereundsr, unless the Authority shall have found and declared that:

"1. The undertaking for which the bonds are to be issued will increase employment in White County and in the vicinity of the City of Cleveland.

"2. The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.

"Should said 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 should revert to the City of Cleveland, Georgia, subject to any mortgages, liens, leases, or other encumbrances outstanding against, or in respect to, said property at that time.

"This amendment is adopted for the purpose of promoting and

826

JOURNAL OF THE HOUSE,

expanding for the public good and welfare industry and trade within White County and in the vicinity of the City of Cleveland and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Author ity shall be liberally construed for the accomplishment of these purposes.

"This amendment shall be effective immediately upon procla mation of its ratification by the Governor, and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"The General Assembly may, by law, further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of White County and the City of Cleveland, Georgia, and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor tKe scope of its operations beyond such limits."

SECTION 2

When the above propossd amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the 'White County Industrial Building Authority'.
"Against ratification of amendment to the Constitution so as to create the 'White County Industrial Building Authority'."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the electors qualified to vote for members of the General Assembly voting thereon in White County shall vote for ratifi cation thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

WEDNESDAY, JANUARY 31, 1962

827

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols

Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen

McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb
Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding
Roper Rowland Rutland Scarborough Scoggin Sheffield Shunian Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis

828

JOURNAL OP THE HOUSE,

Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton

Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware

Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Plynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 478-946. By Messrs. Milhollin and Williams of Coffee:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Coffee County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:

WEDNESDAY, JANUARY 31, 1962

829

"The members of the Board of Education of Coffee County shall be elected by the people in lieu of being appointed by the Grand Jury. For the purpose of such election, Coffee County is hereby divided into six Education Districts:

"Education District No. 1 shall be composed of that territory embraced within the corporate limits of the City of Douglas.

"Education District No. 2 shall be composed of all that portion of the Douglas Militia District lying outside the corporate limits of the City of Douglas.

"Education District No. 3 shall be composed of that territory embraced within the territorial limits of West Green Militia Dis trict.

"Education District No. 4 shall be composed of that territory embraced within the territorial limits of Broxton Militia District.

"Education District No. 5 shall be composed of that territory embraced within the territorial limits of Nicholls Militia District.
"Education District No. 6 shall be composed of that territory embraced within the territorial limits of Ambrose and Bridgetown Militia Districts.
"The Board of Education of Coffee County shall be composed of seven members to be elected as hereinafter provided. Two mem bers of the Board shall be residents of Education District No. 1 and shall be elected only by the voters of said District. One member of the Board shall be a resident of each of the other five Education Districts and shall be elected only by the voters of each respective District.
"In the event this amendment is ratified it shall be the duty of the Ordinary of Coffee County to issue the call for an election for the purpose of electing the first members of the Board as provided hereinbefore. Such call shall be issued at least ten days prior to the date of the election and the Ordinary shall set the date of such election for either December 17, 18, 19, 20, or 21, 1962. It shall be the duty of the Ordinary to publish the date and the purpose of such election at least once preceding the date thereof in the official organ of Coffee County. The two candidates receiving the highest number of votes in Education District No. 1 shall be the members of the Board from said District. The candidate receiving the highest num ber of votes of the other Districts shall be the member from such District. The persons elected at such election shall take office Jan uary 1, 1963. The members from Education Districts 1 and 2 shall serve for a term of two years and until their successors are elected and qualified. The members from Education Districts 3, 4, 5, and 6 shall serve for a term of four years and until their successors are elected and qualified. Thereafter, elections shall be held every two years at the same time as elections for members of the General Assembly are held, and the members elected shall take office on the

830

JOURNAL OF THE HOUSE,

1st day of January immediately following such election for terms of four years and until their successors are elected and qualified. In the event a vacancy occurs on the Board, the other members of the Board shall appoint a person from the Education District in which the vacancy occurs to serve the unexpired term. In the event a member moves his residence from the Education District which he represents, his position on the Board shall immediately become vacant and the vacancy shall be filled in the same manner as provided for filling other vacancies.

"The terms of the members of the Board of Education serving at the time of the ratification of this amendment shall terminate at the end of December 31, 1962, and the Board of Education of Coffee County in effect at that time shall stand abolished. The Board created hereunder shall be the successor to such abolished Board and be vested with the rights, powers, duties and authority possessed by such other Board. All Constitutional provisions and all Statutory provisions relating to county boards of education shall be applicable to the Board of Education of Coffee County created hereunder, unless such provisions are in conflict with the provisions of this amendment."
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to provide for the election of the Board of Education of Coffee County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of the Board of Education of Coffee County by the people."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election 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.

WEDNESDAY, JANUARY 31, 1962

831

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall
Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker
Barrett Baughman Birdsong
Black Blalock Boggs Bolton Bowen of Randolph
Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols

Fitzgerald Flexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay
Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen

McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman
Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis

832

JOURNAL OF THE HOUSE,

Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton

Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware

Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Phillips of Columbia Potts Ross

Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 469-935 By Mr. Smith of Grady:
A RESOLUTION
Proposing an amendment to the Constitution so as to create a body corporate and politic and a public instrumentality of the City of Cairo to be known as the City of Cairo Development Authority; to provide for its scope and territorial jurisdiction, its powers (including that of eminent domain), authority (including that of issuing Revenue Bonds for proper Authority purposes and undertakings as such Revenue Bonds are to be issued and validated under the Constitution and existing laws), funds, purposes, duties, control, organization and procedures, as vested in, or pertaining or connected with the acts and doings of said Authority; to provide that the exercise by said Authority of rights and powers vested in said Authority shall be considered lawful municipal purposes of and for said City for the purposes and to the extent only as stated; to authorize the Mayor and Council of said City to levy an annual ad valorem tax not exceeding two mills to be used in the manner stated

WEDNESDAY, JANUARY 31, 1962

833

in aiding and assisting in the promotion and establishing of new in dustries, and expansion of existing industries and the expansion of agriculture, trade and commerce within the City of Cairo and Grady 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 VII, Paragraph V of this Constitution is hereby amended by adding at the end thereof the following:

"A. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Cairo and its citizens, industry, agriculture, trade and commerce within the said City of Cairo and within its primary trade area, namely, the remainder of Grady County, and making long range plans for such developments and expansion and to authorize the levy of taxes and the use of public funds of said City for such purposes, and in the furtherance thereof there be and is hereby created a body corporate and politic in said City to be known as City of Cairo Development Authority which shall be an instrumentality of the City of Cairo and a public corporation, hereafter in this amendment sometimes referred to as the 'Authority'.
"B. The Authority shall consist of three members who shall serve for a term of three years and who shall be eligible to reappointment. The members of the Authority shall be elected by the Mayor and Council of the City of Cairo in regular session. The first members shall be elected for terms of one, two and three years, and thereafter their successors shall be elected to serve for a term of three years. Vacancies shall be filled for the unexpired term by the said Mayor and Council. The majority of the members shall constitute a quorum, and the majority may act for the Authority in any matter. No vacancies shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing authority of said city, but there shall be no other dis qualification to hold public office by reason of membership in the Authority.
"(a.) Until otherwise provided by law the person who shall from time to time be Clerk and Treasurer of the City of Cairo shall ex officio be the Secretary and Treasurer of said Authority, and the said Secretary-Treasurer shall receive such additional compen sation for services rendered to the Authority as may be agreed upon and approved by joint action of the Authority and the Mayor and Council of the City of Cairo. It shall be the duty of the Authority to require from the said Secretary-Treasurer such fidelity bond as they may find necessary for the protection of the funds of said Authority.
"C. The Mayor and Council of the City of Cairo are hereby authorized to levy an annual ad valorem tax not exceeding two

834

JOURNAL OP THE HOUSE,

mills per dollar of assessed valuation on all property located in said City of Cairo, and the funds as produced by such levy to be used by said City of Cairo in aiding and assisting in the promotion of new industries, the expansion of existing industries, and the expan sion of agriculture, trade and commerce within said City and County. Said Mayor and Council may appropriate and transfer to the aforesaid Authority such amounts from the funds so raised by any such Levy in each year as it may find desirable, and any funds so transferred to the Authority shall become public funds of the Authority and thereafter used by the Authority in accordance with its powers and purposes as herein provided or as may hereafter be prescribed by law; provided, however, that no part of any such fund and no part of any such tax levy which has theretofore been pledged or set aside by resolution of said Mayor and Council and/or by contract with said Authority to secure the payment of the in debtedness or obligations of said Authority, whether for revenue bonds or other form and evidences of indebtedness, shall be trans ferred by the City to said Authority tinder the authority of this Paragraph, or otherwise used or applied until such indebtedness or obligations, or the portion thereof for which said tax levy or any part thereof was pledged or set aside, has been paid in full.

"D. Tha property, obligations and the interest on the obliga tions of said Authority shall have the same immunity from taxation,
both State and Federal, of every kind and nature, as does the property, obligations and interest on the obligations of the City of Cairo.

"E. The powers of the Authority shall include but not be limited to, the power:

"(1.) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as either lessor or lessee, and mortgage land, build ings and property of all kinds, whether located in the City of Cairo, or within the limits of Grady County, Georgia.

"(2.) To purchase existing buildings and/or facilities as well as the land on which the said building or facility is located, and to pay off and retire any bonds or secured indebtedness thereon, and after purchase to improve the same to any extent found by the Authority to be necessary or advisable; and thereafter to lease and/or resell said lands, buildings and facilities for such considera tion and under such plan of financing, either by revenue bonds or other forms and evidences of indebtedness and security, as may be determined under the provisions of this amendment.

"(3.) To acquire in its own name by purchase, lease or sales agreement any land, including all buildings or facilities thereon which said Authority may find it advisable to acquire for its authorized corporate and public purposes, and to enter into any form of contact with respect to the use or disposal of the same that may be in keeping with the purposes of its creation as herein
set forth.

WEDNESDAY, JANUARY 31, 1962

835

" (4.) To have and be vested with the power of eminent domain to the same extent and in the same manner as may now or here after be vested in other political subdivisions of the State, for the purpose of acquiring by condemnation any land together with all buildings, facilities, easement or franchises thereon when the ac quisition of the same is found necessary by the Authority for its
public and corporate purposes.

"(5.) To borrow money and issue notes, bonds and revenue bonds or certificates therefor and to sell, convey, mortgage, pledge, lease and to assign any or all of its funds, properties and income as security therefor.

"(6.) To contract with the City of Cairo and other political
subdivisions and with private persons and corporations for periods of time not in excess of 50 years, as to any phase or aspect of Au thority business or affairs herein intrusted to its power and discre tion for action and determination, and to be sued in its corporate name.

" (7.) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire other agents and employees and to pro vide their compensation and duties, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority.

"(8.) To encourage and promots the expansion of industry, agriculture, trade and commerce in and for the City of Cairo, and to make long range plans therefor.

"(9.) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
"(10.) To designate officers to sign and act for the Authority generally or in any specific matter.
"(11.) To receive and administer gifts, grants and donations and to administer trusts.
"(12.) To do any and all other acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"P. The powers vested in said Authority under Paragraphs (1), (2), (3), (4) and (5) of Subsection E, of Section 1 hereof shall not be exercised in any case where the holding, purchase, acquisition, leasing, or ownership of property of any kind the Authority incurs or assumes or attempts to incur or assume, any indebtedness or obligations of any nature, directly or indirectly, unless the incurring or assumption of such debt or obligation shall first be approved by the Mayor and Council of said City; provided, however, that neither the necessity for nor the act of approval by

836

JOURNAL OP THE HOUSE,

said Mayor and Council shall render or cause the said City of Cairo to be legally liable or responsible for any debt or obligation of the Authority.

"G. The proper exercise by said Authority of rights and powers vested in it by and under this amendment are hereby declared to be lawful municipal purposes to the extent, and to the extent only, that the Mayor and Council of said city are hereby authorized, in the exercise of an exclusive discretion and in the event they find it possible and desirable to appropriate and transfer into the Treasury of said Authority, from time to time, any current revenue of the city, or any part thereof, available for use for proper Au thority purposes which is not required or pledged for any other municipal purpose and which as it then appears from the records of the city will not be needed to satisfy any budgetary requirement of the city for the current year; and in the appropriation or transfer of any such fund the said Mayor and Council may restrict the use thereof by the Authority to a specific purpose or purposes which restriction shall be binding on said Authority in the use thereof. The provisions of this Subsection shall not in any wise affect or impair the city's authority to levy an annual tax as found in Sub section C of Section 1 hereof.

'"H. The Authority with the consent and approval of the Mayor and Council of the City of Cairo is hereby authorized from time to time to issue revenue bonds in order to effectuate and carry out the purposes of this amendment. The principal and interest of such bonds shall be paid from funds and assets available for that purpose. Such revenue bonds may be authorized by resolution of said Au thority which may be adopted at a regular or special meeting by a majority vote of the members of the Authority. Said Authority in
determining the cost of any undertaking for which revenue bonds are to be issued, may in addition to the purchase price of land and the contract price or cost of buildings and improvements included in the undertaking also cover all costs relative to the issuance thereof
including engineering, inspection, fiscal and legal expenses and interest on the issue estimated to accrue during the construction
period and for six months thereafter, and such bonds shall bear such date or dates mature at such time or times, not exceeding 30 years from their respective dates, bear interest at rates not exceeding six per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of the bonds may provide; and said Resolution in addition to showing the principal amount of the proposed bond issue shall also show their date or dates, de nominations, their maturity at such time or times not exceeding 30 years from their respective dates, the interest payable thereon not to exceed six per cent psr annum and the times of payment therefor, registration and/or redemption privileges, if any, and such other terms, covenants, assignments and conditions as may have been accrued on and determined by said Authority. All bonds and the in terest thereof so issued by such Authority are hereby declared to be non-taxable for any and all purposes. In addition to the consent and approval of the Mayor and Council of the City of Cairo, as aforesaid,

WEDNESDAY, JANUARY 31, 1962

837

in the event they have also determined or agreed to pledge in aid and support of said revenue bond issue all or any part of the maximum tax levy authorized by Subsection C of Section 1 hereof, then and in such event the said Mayor and Council shall provide for a tax levy by Resolution in the form and manner contemplated and au thorized for general obligation bonds by Article VII, Ssction VII, Paragraph II of the Constitution of the State of Georgia of 1945, reciting in said Resolution that said maximum tax levy (if none of the same has been previously pledged for the purposes of this sub section), or some unpledged part thereof, for the whole period of time covered by said issue, or some particular part, denominations, or period thereof, all in the exclusive discretion of said Mayor and Council, is pledged and irrevocably appropriated, in aid and support
of the payment of the principal and/or interest payments on said office of the Clerk and Treasurer of the City of Cairo, and shall be cribed and identified therein; and the City's obligation as thus determined and agreed upon shall also be represented by a contract between the City of Cairo and said Authority, reciting the same information as to said Revenue Bond issue as set out in the Resolu tion of said Mayor and Council prescribed above, and the same pledge and appropriation of tax levy in the aid and support of said Revenue Bonds and the payment thereof as set out in said City Resolution; and upon the passage of said City Resolution and the due execution of said contract, the City of Cairo and its governing authorities, and their successors in office, shall be bound in the same form and manner as provided in Article VII, Section VII, Para graph II of the Constitution of the State of Georgia of 1945 to levy an annual tax up to but not exceeding two mills, in the par ticular rate as fixed, pledged and appropriated in its said Resolution and in its said contract to aid and support said Bond issue and its payment, or some part thereof, all as fixed and determined in its said Resolution and in its said contract. Such bonds as issued by said Authority shall be validated in the Superior Court of Grady County in the same manner as revenue bonds of municipalities are validated by and under Georgia Laws 1937, pages 761 et. sequitur, as amended, and in the proceedings to validate such bonds both the City of Cairo and the Mayor and Council of the City of Cairo shall be named as parties defendant. In the event no bill of exception shall be filed within the time prescribed by law, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the Mayor and Council of the City of Cairo or other taxing authority of the said city to the extent of the rate or millage pledged for such purposes by the said city authorities.

"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, income or funds may be sold under legal process or under any power granted by the Authority.

"J. The Authority shall not be authorized to create in any

838

JOURNAL OF THE HOUSE,

manner any debt, liability or obligation against the State of Georgia or the City of Cairo except to the extent and in the manner with respect to said city as set forth in Subsection H. of Section 1 of this amendment.

"K. The members of the Authority shall receive no compen sation for their services to the Authority, but may by appropriata resolution entered on their minutes reimburse the members for actual expenses incurred by travel or otherwise in the due performance of their duties as members of the Authority.

"L. In all cases where this amendment requires action by the Mayor and Council of the City of Cairo, the same shall take the form of a resolution of said Mayor and Council duly adopted and entered on its minutes.

"M. The exemptions from taxation herein provided shall not extend to tenants or lessees of the Authority, and shall not exclude exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

"N. The books and records of the Authority shall be audited at least annually at the expense of the Authority by a competent, independent auditor, and a copy of the same shall be filed in the
office of the Clerk and Treasurer of the City of Cairo, and shall be available for public inspection; and the said City of Cairo may at any time and at its own expense have such books and records audited.

"0. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of the purposes sst out in this amendment.

"P. 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 describe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the man agement of the Authority not inconsistent with the provisions of this amendment. The Authority shall be a public instrumentality of and for the City of Cairo and the scope of its operation shall be limited to the territory embraced within Grady County.
"Q. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor, and the first members of the Authority shall be appointed within 30 days after such proclamation."
SECTION 2
When the above proposed amendment to the Constitution has been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and when the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such

WEDNESDAY, JANUARY 31, 1962

839

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the City of Cairo Development Authority as a body corporate and politic and a public instrumentality; to provide for its scope, territorial jurisdiction powers including that of eminent domain, authority including the issuance of revenue bonds, funds, purposes, duties, control, organization and procedures; to provide that the exercise by said Authority of rights and powers vested in it shall : be considered lawful municipal purposes of and for said city to the extent stated; to authorize the Mayor and Council of the City of Cairo to levy an annual ad valorem tax not exceeding two mills in support of the general purposes for which said Authority is created.
"Against ratification of amendment to the Constitution so as to create the City of Cairo Development Authority as a body cor porate and politic and a public instrumentality; to provide for its scope, territorial jurisdiction, powers including that of eminent domain, authority including the issuance of revenue bonds, funds, purposes, duties, control, oragnization and procedures; to provide that the exercise by said Authority of rights and powers vested in it shall be considered lawful municipal purposes of and for said city to the extent stated; to authorize the Mayor and Council of the City of Cairo to levy an annual ad valorem tax not exceeding two mills in support of the general purposes for which said Authority is created."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election 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 following Committee amendment was read and adopted:
The Committse on Local Affairs moves to amend HR 469-935 as follows:
By adding at the end of Subsection A of Section 1 the following:
"The said Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized or ac quired by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

840

JOURNAL OF THE HOUSE,

By striking from Subsection B of Section 1 the following sentence:

"No vacancies shall impair the power of the Authority to act."

By striking from the end of Subsection C of Section 1 the phrase which begins with the words "until such indebtedness", and inserting in lieu thereof the following:

"Except for payment on such indebtedness or obligations, or the portion thereof for which said tax levy or any part thereof was pledged or set aside, unless the same has been paid in full."

By striking Subsection D of Section 1 in its entirety and inserting in lieu thereof a new Subsection D which shall read as follows:

"All lands and improvements including trade fixtures installed therein or thereon, the title to which is vested in the Authority, as well as all other property of the Authority, and all obligations, debentures and revenue bonds issued by the Authority, and the interest payable thereon, shall have the same immunity from taxa tion as the property, obligations and interest on obligations of the City of Cairo."

By striking Subsection M of Section 1 in its entirety and inserting in lieu thereof a new Subsection M which shall read as follows:

"The exemptions from taxation herein provided shall not extend to the property of tenants or lessees of the Authority."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes
Barnett of Baker Barrett Baughman Birdsong Black

Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch
Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd

Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer
Cocke Collins Conner Cox Crawford

WEDNESDAY, JANUARY 31, 1962

841

Culpepper
Davis
Deen
Dollar
Dorminy
Duncan of Fannin
Duncan of Carroll
Dunn
Echols
Fitzgerald
Flexer
Floyd
Fordham
Fowler of Douglas
Funk
Greene
Hale
Hall of Lee
Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton

Lewis of Wilkinson
Lewis of Burke
Loggins
Lokey
Lovett
Lowrey
Mackay
Massee
Matthews of Clarke
Matthews of Colquitt
McCracken
McCutchen
McDonald
McGarity
Milhollin
Miller
Mixon
Moate
Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding

Roper
Rowland
Rutland
Scarborough
Scoggin
Sheffield
Shuman
Simpson
Sinclair
Singer
Smith of Grady
Smith of Brantley
Smith of Habersham
Smith of Whitfield
Steis
Stevens
Story
Strickland
Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Bowen of Toombs Brackin

Clark of Catoosa Coker Crowe Dickey

Dicus Doster Fleming Flynt

842

JOURNAL OF THE HOUSE,

Fowler of Treutlen Fuqua Hill Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton

Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts Ross Sangster Simmons Smith of Fulton

Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional

majority, as amended.



SR 107. By Senator Towson of the 16th:
A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution providing that the County School Superintendent of Laurens County shall be elected by the Board of Education of Laurens County; providing that the Board of Education of Laurens County shall fix the qualifica tions and compensation of the County School Superintendent; providing for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"The Board of Education of Laurens County shall elect a Superintendent !of Laurens County. The Board shall fix the qualifi cations and compensation of said superintendent. The Board of Education of Laurens County shall select any person who resides within or without the State of Georgia. Provided that the present Superintendent of Schools of Laurens County shall remain in office until the end of his term in 1962 at which time the Board of Educa tion of Laurens County shall elect a new superintendent under the above provisions.
"The term of office of said Superintendent shall be four (4) years.

WEDNESDAY, JANUARY 31, 1962

843

"Said Superintendent of Schools shall be subject to all pro visions of law relating to County Superintendents of Schools unless otherwise provided herein."

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

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

"For ratification of amendment to the Constitution providing for the election of Superintendent of Schools of Laurens County by the Board of Education of Laurens County; providing that said Board shall fix the qualifications and compensation of said School Superintendent.

"Against ratification of amendment to the Constitution pro viding for the election of Superintendent of Schools of Laurens County; providing that said Board shall fix the qualifications and compensation of said School Superintendent."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the results and certify the results 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall

Arnsdorff Ballard Barber

Barnett of Wilkes Barnett of Baker Barrett

844

JOURNAL OF THE HOUSE,

Baughman Birdsong Black Blalock
Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynura Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner
Cox
Crawford Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn
Echols Fitzgerald F lexer Floyd Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson

Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan
Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford
Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Walton

Those not voting were Messrs.:

Adams Andrews of Stephens

Bowen of Toombs Brackin

Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd ' Tucker Twitty Undercofler Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Willingham Wilson Young
Clark of Catoosa Coker

WEDNESDAY, JANUARY 31, 1962

845

Crowe Dickey Dicus Doster Fleming Flynt Fowler of Treutlen Fuqua Hill Hodges Howard Hull Killingsworth

Kimmons Kirkland McClelland Melton Moss Newton Parker of Appling Payton Pelham Phillips of Columbia Potts Ross Sangster

Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

SE 108. By Senator Towson of the 16th:
A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution providing that members of the Board of Education of Laurens County shall be elected by the people; providing the terms of office for the members of the Board of Education of Laurens County; providing as to how the different sections of the County shall be represented on the Board; providing for the compensation of Board members; to provide for the submission of this amendment for ratification or rejection; and and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution : relating to county bbards of education is hereby amended by adding at
the end thereof the following:
"The Board of Education of Laurens County shall be composed of five (5) members, three (3) of whom shall be elected one each from each road district in the County by the voters of the County at large. The fourth and fifth members shall be elected from the County at large by the voters of the County. The above mentioned road district shall be the same as those designated in an Act creating the Board of Commissioners of, Laurens County, approved August 17, 1911 (Ga. Laws 1911, p. 453). No person who resides within the territory of an independent school system shall be eligible to vote for any member of the Board of Education.

846

JOURNAL OP THE HOUSE,

"No person shall be eligible for membership on the Board who has not been a resident of Laurens County for at least one year immediately preceding the date of his election to said Board and unless such person is a freeholder.

"Said Board shall hold at least one meeting per month. The members of said Board shall be compensated at the rate of fifteen ($15.00) dollars per meeting, however, said members shall receive such compensation for no more than two (2) meetings per month.

"Said Board of Education shall have all the powers of county boards of education as provided by law except as otherwise herein provided.

"Said members shall be elected for four (4) year terms except as hereinafter provided. Said members shall be elected at the same time as members of the General Assembly are elected. The first election for members of the Board of Education shall be held at the same time as the election for members of the General Assembly in 1964. The members elected to represent each of the three (3) road districts shall serve for a term of four (4) years, the two other members elected shall serve for a term of two (2) years at the end of which time another election shall be held at the same time as the election for members of .the General Assembly to fill the vacancy of the two (2) members leaving office. Biennially there after the election of successors to the members whose terms expire that year shall be held at the same time as election for members of the General Assembly."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution providing for the election of members of the Board of Education of Laurens County by the people.
"Against ratification of amendment to the Constitution pro viding for the election of members of the Board of Education of Laurens County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this

WEDNESDAY, JANUARY 31, 1962

847

State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber
Barnett of Wilkes Barnett of Baker
Barrett Baughman Birdsong Black Blalock Boggs Bolton
Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee
Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford Culpepper Davis Deen

Dollar Dorminy
Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Floyd
Fordham Fowler of Douglas Funk Greene Hale
Hall of Lee Hall of Floyd Harrell Henderson Horton Hurst Johnson Joiner
Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian King Knight of Laurens Knight of Berrien Lane Langford
Lee of Clinch Lee of Colquitt

Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate
Moore Moorman Morgan
Morris Mullis Murphy NeSmith Odom Otwell Pannell
Paris Parker of Screven Parker of Ware Farmer Phillips of Walton Phillips of Bibb
Pickard Poole Purcell
Rainey

848

JOURNAL OF THE HOUSE,

Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland
Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer
Smith of Grady Smith of Brantley

Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler

Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware
Watson Wells of Oconee Wells of Camden
White Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams
Andrews of Stephens Bowen of Toombs Brackin Clark of Catoosa Coker
Crowe Dickey
Dicus Doster Fleming Flynt
Fowler of Douglas
Fuqua Hill

Hodges Howard Hull Killingsworth Kimmons Kirkland McClelland Melton
Moss Newton Parker of Appling Payton Pelham Phillips of Columbia
Potts

Ross Sangster Simmons Smith of Fulton Stuckey Taylor of Decatur Underwood of
Montgomery Waldrop Wells of Peach Wickham Williams of Hall
Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

The hour of convening having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened in accordance with HR 523 for the purpose of hearing a message from Mr. S. P. Jacobson, Executive Vice Presi dent of the Brunswick Corporation.

The President of the Senate called the Joint Session to order.

The Clerk read the Resolution providing for the Joint Session.

WEDNESDAY, JANUARY 31, 1962

849

Accompanied by distinguished guests, Governor Vandiver appeared upon the floor of the House.

Lieutenant Governor Garland Byrd in presenting Governor Vandiver made the following remarks:
SPEAKER SMITH, SENATOR SANDERS, MEMBERS OF THE HOUSE AND SENATE, AND DISTINGUISHED GUESTS . .
It always gives me great pleasure to have the honor of presenting to you the distinguished Chief Executive of our Grand and Sovereign State.
Let me say that no one knows better than I his deep convictions that a public official must not merely be free of illegality in their con duct of governmental affairs, but must . . .
... Be faithful to their trust reposed in them;
. . . Meet the demands of the public that their public officials display honesty in their personal conduct, and in the conduct of govern mental affairs;
. . . Exercise frugality in the handling of the people's money, so as to inspire the people to be competent and frugal in the handling of their own, and
... Be loyal to the people and to the principles of decency and constitutional government.
Our 73rd Governor has lived up to this obligation.
On several occasions, I have noted that he has attributed Georgia's industrial growth partly to her favorable political climate and her record of conservative government.
I fully agree with that contention, and I say to you in all sincerity that S. Ernest Vandiver himself has done a great deal towards establish ing that favorable climate and making that record.
He is here with us this morning to present to you the officials of a world giant in industry ... an industry which has shown its confi dence in our state and our people by making Georgia a vital part of its vast world-wide complex.
It is indeed an honor to present to you a man who has been worthy of the trust, faithful to his oath, and responsible to his people . . .
THE HONORABLE S. ERNEST VANDIVER, GOVERNOR OF GEORGIA . .
Governor Vandiver . .

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JOURNAL OP THE HOUSE,

Governor Vandiver delivered the following address in introducing Mr. S. P. Jacobson, Executive Vice-President of the Brunswick Corporation:

LT. GOVERNOR BYRD, SPEAKER SMITH, MR. JACOBSON, DIS TINGUISHED GUESTS AND MEMBERS OP THIS GENERAL ASSEMBLY ...

There are a number of reasons, why I am proud to present our guests to you this morning.

Not the least of these, is the fact that recreation--spanning the full range of land and water sports--has become an integral part of both our history, and our life today.

The sport of golf, for instance, is synonymous with Georgia, and it has produced greats like Bobby Jones, Louise Suggs and Dot Kirby.

Certainly, to imagine Georgia without football or basketball, is unthinkable.

No sports fan could endure the thoughts of Georgia, being unable to produce the Prankie Sinkwiches, or the Charlie Trippis, in football, or the likes of Roger Kaiser in basketball.

Likewise, with the enormous expansion in Georgia today, of recre ation, no week-end trip to the lake would be complete, without boats and trailers--preferably those manufactured in Georgia by our distinguished guests.

And, with the great need for more recreational pursuits, to fill the extra leisure hours of our people, bowling has also come into its own in Georgia.

Gigantic modern bowling lanes, are springing up all over Georgia, in communities large and small. Notably, most of them are equipped with products made by our guests.

Just a short time ago, we could not have enjoyed all of these pur suits, through the use of Georgia-made products.

Today, because the Brunswick Corporation has1 shown its faith in our state, each and every one of these sports, can be played and enjoyed with equipment and goods, made in Georgia by Georgia people.

You can play golf, basketball and football--and other sports using inflated equipment--with products made in Covington.

You can tee off on any Georgia golf course, with clubs made in Albany, or ...

You can take a spin on the lake, in a fiberglass runabout made at Nashville, in Berrien County.

WEDNESDAY, JANUARY 31, 1962

851

Why?

Because the Brunswick Corporation--a firm which had its begin ning, during the Presidential administration of James K. Polk in 1845-- has demonstrated a deep and abiding faith, in Georgia and her people.

Because of this demonstration of faith, more than, 500 Georgians have been provided with new jobs, ,in plants1 operated by our guests.

More than $2 million annually in payrolls,; is being pumped into the economic veins of our communities, and our state.

In Covington, this firm is operating a plant, producing golf balls, basketballs, footballs, and other sporting goods.

In Albany, another plant is turning out a full line, of MacGregor golf clubs.

At Nashville, a third plant, is manufacturing Cutter fiberglass boats.

Two of these plants, have been constructed in the state within a year.

I am also advised, that there is space available at the Covington plant, to double that plant's capacity, when customer demands and sales orders require it.

That could well happen, since the Brunswick Corporation, has targeted a world-wide sales goal of $750 million to $800 million, five years from now.

Its chosen fields of operation--recreation, health, education, and defense--are in areas of almost total public need.

And, I agree with the philosophy of B. E. Bensinger, President of

this industrial giant, that "so long as America, and the rest of the free

world, enjoy measureable progress along with population growth, Bruns

wick can't miss."

.

And, I might ddd, Georgia can't miss either, with Brunswick.

Lt. Governor Byrd, Mr. Speaker, and members of this General Assembly, I appreciate deeply, the fact that this legislature has seen fit, to take time out of its busy schedule to recognize these guests.

If every manufacturer, who has begun operations in Georgia in re cent years, demonstrated the faith in our state that Brunswick has, there would be no bounds to our industrial growth.
It's a pleasure, therefore, for me to introduce to you this morning, the Executive Vice President of the Brunswick Corporation, and the

852

JOURNAL OP THE HOUSE,

President of its Bowling Division, Mr. S. P. Jacobson. He will introduce to you other officials of this great firm and of its facilities in our state.

(Response to presentation of golf balls and tees)

I know that each member of this General Assembly, as well as the Lt. Governor and I, appreciate these gifts, which we feel are further expressions of your faith in Georgia.

Each of us thanks you for coming here, today.

Each of us thanks you for being a good citizen in our state.

Executive Vice-President Jacobson delivered the following message and in troduced other officials of the Brunswick Corporation:
GOVERNOR VANDIVER, LIEUTENANT GOVERNOR BYRD, SPEAK ER SMITH, AND MEMBERS OF THE GEORGIA LEGISLATURE:
We appreciate sincerely the opportunity of being with you today. To me, it is a singular honor, since, to the best of my knowledge, Bruns wick has never before been given such gracious attention by the lawmaking body of a great state.
Just who is this Company invading your chamber today? If you thought it was the old Brunswick-Balke-Collender Company, the famous old manufacturer of billiard tables and bowling equipment--you are right. We are that Company, with a new name, a new face, and a new shape.
We've come a long way since that day 117 years ago when John M. Brunswick, a Cincinnati cabinet maker, produced his first commercial billiard table. In the intervening span of time, Brunswick has produced a variety of consumer goods from refrigerators to phonograph records. It'has weathered five wars, and several depressions, but it has never relinquished its leadership of the bowling and billiards industry.
In the past five years, however, it has experienced its greatest physical growth. In 1956, we operated two plants with a total of 3700 employees. Today, Brunswick (we recently, dropped Balke-Collender) operates a complex of 28 manufacturing plants throughout the world. Three of these are in the state of Georgia. The number of our em ployees has grown from 3700 to 14,000. The number of shareholders has grown from 3000 to nearly 100,000. Sales volume of our products has multiplied eight times.
We are now entrenched in four fields--Recreation, Health, Educa tion, and Defense. In addition to bowling, billiards, and sporting goods, we manufacture boats, medical and scientific supplies, and school furni ture. Such names as Owens Yachts, Larson Boats, MacGregor Sports Products, Mercury Motors, Union Skates, Red Head Brand Hunting Clothing, Zebco Fishing Reels are a part of the Brunswick family.

WEDNESDAY, JANUARY 31, 1962

853

This, in a nutshell, gentlemen, is the new look of Brunswick.

Our Georgia operations now include a golf ball plant in Covington, a fiberglass boat plant in Nashville, and (our newest) a plant for the manufacture of golf clubs in Albany. In addition, our Bowling Division has a sales Branch in Atlanta, and our Mercury Motor Division will soon open a regional warehouse in the same city.

Yes, our stake in Georgia is big, and getting bigger. It was no accident that Brunswick selected your state to share significantly in its growth. It came about as a result of a careful survey of a great many states. We found the industrial climate of Georgia ideal from many points of view.

Aside from the cold economic and regional advantages of locating here, we found Georgians to be progressive in their thinking, co-opera tive in their willingness to help us grow, and friendly above and beyond the finest traditions of the South. It is an understatement to simply say that we have had fine co-operation from city, county, and state offi cials in realizing our expansion plans. Prom opening negotiations on, we received splendid treatment and help on all sides. I want to person ally thank Don Ballard, your representative from Newton County, for his wonderful work in making this pleasant visit possible today.

Events to this moment can surely stand as a shining example of constructive cooperation between the civic and business interest of a great community. The kind of relationship we now share is not some thing of passing significance. Business and civic leaders across the country have become increasingly conscious of the need for it as the fruits of this kind of unity have become more obvious to both parties. It is good that Georgia's leaders have recognized this.

Before closing my remarks, I would like to introduce three of my associates from Brunswick who will stay close to our day-to-day activi
ties in Georgia, even though they are at our headquarters in Chicago.

Gentlemen, meet the President of Brunswick's Sporting Goods and Boating Divisions, Mr. Richard Bennett. Dick has recently completed a nine-year tour as Chief Executive of our highly successful Canadian Subsidiary. He is a veteran of 17 years with the Company.

Next to Dick is Casey Peifer, Executive Vice-President of the Sport ing Goods and Boating Group. Casey has been a key figure in Bruns wick's growth in recent years. Until last year, he was Director of Corporate Development and negotiated our most outstanding mergers.
Mr. H. Douglas Rowe is Vice-President of Manufacturing for the Sporting Goods Division and will be in direct charge of our Covington and Albany plants.
Finally, gentlemen, as a token of the sincere appreciation for the fine treatment you have given us, it is my pleasure to present to you, Governor Vandiver, this MacGregor DX-Tourney ball, made at Covington and bearing the official seal of the state of Georgia. We have al-

854

JOURNAL OP THE HOUSE,

ready seen to it that all of your associates in the room receive this memento from Brunswick.

It is a ball that has won the Professional Golfer's Association longball driving contest for the past three years. We believe it will not only improve your own personal game, but also will score a long and straight "shot" for Georgia's business future. Thank you very much.

Senator Sanders of the 18th moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved. The House was called to order by the Speaker.

The House was recessed until 1:30 p.m.

AFTERNOON SESSION
The House was called to order by the Speaker:
Under the General order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 466. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act relating to the purposes for which counties may levy taxes, so as to authorize counties to levy a tax for certain school lunch purposes, and for other purposes.
The following Committee substitute was read and adopted:
The Committee on State of Republic offers the following Substitute to HB 466:
To be entitled an Act to amend an Act relating to purposes for which counties may levy taxes, approved January 30, 1946 (Ga. Laws 1946, p. 87) and known as Code Section 92-3701, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 370), so as to authorize counties to levy a tax for certain school lunch purposes; to repeal con flicting laws; and for other purposes.

WEDNESDAY, JANUARY 31, 1962

855

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

An Act relating to the purposes for which counties may levy taxes, approved January 30, 1946 (Ga. Laws 1946, p. 87) and known as Code section 92-3701, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 370), is hereby amended by striking therefrom subparagraph (3) in its entirety and inserting in lieu thereof a new subparagraph (3), to read as follows:

"3. For educational purposes upon property located outside of independent school systems, as provided in Article VIII of the Constitution of Georgia, as amended."

SECTION 2

Be it further enacted that said Act and Code section 92-3701, as amended, is hereby further amended by adding thereto subparagraph (18), which shall read as follows:

"18. For school lunch purposes, upon property located outside of independent school systems as provided in Article VIII (Code section 2-6401 et. seq.) of the Constitution of Georgia, as amended, to provide for payment of costs and expenses incurred in the pur chase, replacement and maintenance of school lunchroom equip ment, purchase, of school lunchroom supplies, transportation, stor age and preparation of foods, and all other costs and expenses incurred in the operation of school lunch programs, but excluding purchase of foods."

SECTION 3

All laws and parts of laws in conflict with this Act are hereby

repealed.

:

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Arnsdorff Ballard Barber Baughman Birdsong

Black Blalock Boggs Bolton Bowen of Toombs

Boyett Bozeman Branch Brantley Brown

856

JOURNAL OF THE HOUSE,

Budd Bynum Caldwell Chance Cocke Collins Dicus Dorminy Doster Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Howard Hull Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan

Kidd Killian Kirkland Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Mackay Matthews of Clarke Matthews of Colquitt McCracken Milhollin Mixon Moate Moorman Morgan Morris Mullis Murphy NeSmith Newton Otwell Parker of Screven Parker of Ware Parker of Appling Phillips of Bibb Potts Purcell Raulerson

Rodgers of Charlton Rogers of Paulding Rowland Simmons Simpson Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield Stevens Story Strickland Tabb Tamplin Taylor of Bibb Teague Thornton Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Ware Wells of Oconee White Wickham Wilkes Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.:

Abney Andrews of Hall Barnett of Wilkes Barnett of Baker Bowen of Randolph Culpepper

Davis Funk Hurst Keadle Lovett Melton

Moore Moss Ross Scarborough
Steis

Those not voting were Messrs.:

Adams Akins Andrews of Stephens Barrett Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Chandler Clark of Catoosa Clarke of Monroe Cloer

Coker Conner Cox Crawford Crowe Deen Dickey Dollar Duncan of Fannin Flynt Fowler of Treutlen Hale

Hill Hodges Horton Jones of Sumter Kelly Keyton Killingsworth Kimmons King Knight of Laurens Knight of Berrien Lokey

WEDNESDAY, JANUARY 31, 1962

857

Lowrey Massee McClelland McCutchen McDonald McGarity Miller Odom Pannell Paris Farmer Payton
Pelham Phillips of Columbia

Phillips of Walton Pickard Poole Rainey Roberts Roper Rutland Sangster Scoggin Sheffield Shuman Singer
Smith of Grady Smith of Brantley

Stuckey Taylor of Dawson Taylor of Decatur Todd Tucker Twitty Underwood of Taylor Walker of Telfair Watson Wells of Peach Wells of Camden Williams of Hall
Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 110, nays 17.

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

HR 341-732. By Messrs. Lovett of Laurens; Matthews of Colquitt; Twitty of Mitchell; Underwood of Montgomery; Fowler of Treutlen, and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to abolish the Office of Lieutenant Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section I, Paragraph VII of the Constitution relating to the Lieutenant Governor, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
"The Office of Lieutenant Governor shall stand abolished at the end of the term of office of the Lieutenant Governor elected in the year 1962. Until such time, the provisions of this Paragraph as they existed at the time of the ratification of this amendment shall remain in effect, but no Lieutenant Governor shall be elected in the election of 1966. Beginning with the session of the General Assembly in 1967, the Senate shall elect, viva voce, from its own membership, its presiding officer who shall be the President of the Senate. In case of the death, resignation or disability of the Governor, the President of the Senate shall exercise the executive power and receive the compensation of the Governor until the next

858

JOURNAL OF THE HOUSE,

general election for members of the General Assembly at which a successor to the Governor shall be elected for the unexpired term. 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 President of the Senate shall exercise the executive power and receive the compen sation of the Governor for the unexpired term. In case of the death, resignation or disability of both the Governor and the President of the Senate, the Speaker of the House of Representatives shall exer cise the executive power and receive the compensation of the Gov ernor until the removal of the disability or the election and qualifi cation of a Governor at a special election which shall be held within sixty days from the date on which the Speaker shall assume the executive power. It shall be the duty of the Secretary of State to call such election and set the date thereof. No such election shall be held if the 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. In either of which events, the Speaker of the House shall exercise the executive power and receive the compensation of the Governor for the un expired term. The person elected at such special election shall be elected to serve the unexpired term."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to abolish the Office of Lieutenant Governor.

"Against ratification of amendment to the Constitution so as

to abolish the Office of Lieutenant Governor."

;

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

WEDNESDAY, JANUARY 31, 1962

869

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Adams Akins Andrews of Hall Barnett of Baker Blalock Boggs Bowen of Randolph Bozeman Brooks of Oglethorpe Brown Caldwell Cloer Cocke Collins Cornier Cox Dorminy Echols Flynt Funk Hall of Lee Hall of Floyd Harrell Henderson

Hill
Hurst Joiner Jones of Sumter Jordan Kidd Kimmons Kirkland Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lovett Lowrey Matthews of Clarke McCracken Melton Milhollin Mixon Moate Moore Morris Murphy Farmer

Those voting in the negative were Senators:

Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Black Bowen of Toombs Boyett Branch Brantley Budd Busbee Bynum Chance Chandler

Clarke of Monroe Crawford Culpepper Davis Deen Dicus Doster Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Fuqua

Pickard Potts Raulerson Scoggin Smith of Grady Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Todd Tucker Twitty Underwood of
Montgomery Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Young
Greene Hale Horton Howard Hull Johnson Jones of Liberty Jones of Worth Keadle Kelly Keyton Lewis of Wilkinson Lewis of Burke Loggins Mackay Massee McCutchen

860

JOURNAL OF THE HOUSE,

McDonald McGarity Miller Moorman Morgan Mullis
NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Phillips of Bibb

Poole Purcell Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Scarborough Sheffield Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Whitfield

Story Tabb Tamplin Taylor of Decatur Taylor of Bibb Teague Thornton Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Wickham Williams of Hall Wilson

Those not voting were Messrs.:

Birdsong Bolton Brackin Brooks of Pulton Clark of Catoosa Coker Crowe Dickey Dollar Fowler of Treutlen Hodges Jones of Sumter

Killian Killingsworth King Knight of Berrien Lokey Matthews of Colquitt McClelland Moss Newton Pelham Phillips of Columbia Phillips of Walton

Rainey Roberts Ross Singer Taylor of Dawson Ware Watson Wells of Camden Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 72, nays 99.

The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

HB 765. By Mr. Sinclair of Macon:
A Bill to be entitled an Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to change the amount of per diem to be paid to the members of the Board, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 31, 1962

861

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Culpepper Davis Deen Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Funk Fuqua Greene Hale Hall of Lee

Harrell Henderson Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kidd Killian Kirkland Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lovett Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan , Morris Moss Mullis Murphy NeSmith Newton
Odom Otwell Pannell Parker of Screven Parker of Appling

Phillips of Bibb

Pickard

Poole

Purcell

Rainey

Raulerson

Roberts

Rodgers of Charlton

Rogers of Paulding

Ross

Rowland

Rutland

Scarborough

Shuman

Simmons

Simpson

.

Sinclair

Smith of Fulton

Smith of Habersham

Smith of Whitfield

Steis

Stevens

Story

Strickland

Tabb

Tamplin

Taylor of Bib'b

Thornton

Todd

Tucker

Twitty

Undercofler

Underwood of

Montgomery

Underwood of Taylor

Waldrop

Walker of Lowndes

Walker of Telfair

Ware

Wells of Peach

Wells of Camden

White

Wickham '

Wilkes

Williams of Coffee

Williams of Hall

Willingham

Wilson

Young

Those not voting were Messrs.:

Andrews of Hall Birdsong

Boggs Bolton

Brackin Brooks of Oglethorpe

862

JOURNAL OF THE HOUSE,

Brooks of Pulton Cloer Coker Conner Crawford Crowe Dickey Dicus Dollar Duncan of Pannin Plynt Fowler of Douglas Fowler of Treutlen Hall of Floyd Hill Hodges Jones of Sumter Kelly

Keyton Killingsworth Kimmons King Knight of Laurens Knight of Berrien Lokey Lowrey McClelland Melton Paris Parker of Ware Farmer Payton Pelham Phillips of Columbia Phillips of Walton Potts

Roper Sangster Scoggin Sheffield Singer Smith of Grady Smith of Brantley Stuckey Taylor of Dawson Taylor of Decatur Teague Vaughn Watson Wells of Oconee Woodward Mr. Speaker

; On the passage of the Bill, the ayes were 147, nays 0.

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

HE 431-909. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Blalock Bowen of Randolph Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Budd Busbee Bynum Chandler

Collins Cox Deen Dickey Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming

WEDNESDAY, JANUARY 31, 1962

863

Flexer : Floyd Fordham Funk Greene Hale Harrell Henderson Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Kidd Killian King Kirkland Lane Langf ord Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Mackay Massee Matthews of Clarke

Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Mixon Moate Moore Moorman Morris Murphy Newton Odom Parker of Screven Parker of Appling Phillips of Walton Phillips of Bibb Pickard Poole Potts Raulerson Roberts Rodgers of Charlton
Rogers of Paulding Ross Rowland Scarborough Sheffield Shuman Simmons Simpson Sinclair Smith of Grady

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Underclofler Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Walker of Telfair Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Adams Birdsong Black Boggs Bolton Bozeman Branch Brooks of Fulton Brown Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Conner Crawford Crowe

Culpepper Davis Dicus Dollar Duncan of Carroll Flynt Fowler Fowler of Douglas Fowler of Treutlen
Fuqua Hall of Lee Hall of Floyd Hill Hodges Jones of Sumter Keyton Killingsworth Kimmons Knight of Laurens

Knight of Berrien Lokey Lovett Lowrey McClelland Melton Miller Morgan Moss Mullis NeSmith Pannell Paris Parker of Ware Farmer Payton Pelham Philips of Columbia
Purcell

864
Rainey Roper Rutland Sangster Scoggin

JOURNAL OF THE HOUSE,

Singer Smith of Brantley Stuckey Taylor of Decatur Teague

Vaughn Waldrop Ware Watson Woodward

On the adoption of the Resolution, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 371-768. By Messrs. Kidd of Baldwin and Thornton of Bibb:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto; 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 V, Section I, Paragraph XV of the Constitution, as amended, is hereby amended by striking said Paragraph in its entirety and in serting in lieu thereof a new Paragraph XV to read as follows:
"Paragraph XV. 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 nothwithstanding his veto; and if any bills should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sun days excepted) from the date of adjournment in which to approve a law. He may approve any appropriation, and veto any other the same, and if not approved within that time, the same shall be come 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.
"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 origi nated, together with a list of reasons, if any, for such veto. Such transmission shall be made within thirty-five (35) days (Sundays excepted) from the date of the adjournment of the Session of the

WEDNESDAY, JANUARY 81, 1962

865

General Assembly to 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 (10) days of the next regular Session of the General Assembly for the purpose of overriding the aeiion 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 of 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 considered 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 over ridden 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."

SECTION 2

When the above proposed amendement to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been en tered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto.
"Against ratification of amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendement shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the elections 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.

866

JOURNAL OF THE HOUSE,

The following amendment was read:

Messrs. Odom of Dougherty and Twitty of Mitchell move to amend HR 371, as follows:

By adding a paragraph at the end of Section I of said Reso lution, said paragraph to become a part of Paragraph XV as set out in said Section I, to read as follows:

"Provided, however, that any bills that are vetoed by the Governor is elected, shall not be subject to be overridden by the next Governor after the adjournment of the regular session of the Gen eral Assembly immediately preceding the general election in which the Governor is elected, shall not be subject to be overridden by the next regular session of the General Assembly."

On the adoption of the amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

,Akins Andrews of Hall Barber
Barrett Blalock Bozeman Brackin Brown
Budd Busbee Clarke of Monroe Collins
Cox Fleming Fordham Hall of Floyd Henderson
Howard Jones of Liberty
Jones of Worth Jones of Lumpkin

Jordan Lane Lee of Clinch
Lee of Clayton Lewis of Wilkinson
Mackay Matthews of Clarke
McCracken
McCutchen Miller Mixon Moorman Morgan
Newton Odom Parker of Appling
Payton Poole Raulerson Roberts Rowland

Those voting in the negative were Senators:

Abney Adams Arnsdorff Ballard Barnett of Wilkes Baughman Black

Boggs Bolton Bowen of Randolph
Bowen of Toombs Boyett Brantley Brooks of Oglethorpe

Rutland Sangster Simmons Sinclair Smith of Grady Steis Stevens Story Tabb Twitty Undercofler Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Wilkes Williams of Hall Willingham Young
Bynum Chance Chandler Cocke Coker Crawford Culpepper

WEDNESDAY, JANUARY 31, 1962

867

Davis Deen Dickey Dicus Duncan of Pannin Dunn Echols Fitzgerald Flexer Floyd Flynt Fowler of Douglas Funk Greene Hale Hall of Lee Horton Hurst Joiner Keadle Kelly Kidd Killian

King Kirkland Lewis of Burke Loggins Massee Matthews of Colquitt McDonald Molhollin Moate Moore Morris Mullis Murphy NeSmith Otwell Pannell Paris Parker of Ware Phillips of Bibb Pickard Potts Purcell Rainey

Rogers of Paulding

Scarborough

Sheffield

Shuman

Simpson

Smith of Habersham

Smith of Whitfield

Strickland

Stuckey

Tamplin

Taylor of Dawson '

Taylor of Bibb

j

Teague

Thornton

Todd

Tucker

Underwood of Taylor

Waldrop

White

Wickham

Williams of Coffee

Wilson

Those not voting were Messrs.:

Andrews of Stephens Barnett of Baker Birdsong Branch Brooks of Fulton Caldwell Clark of Catoosa Cloer Conner
Crowe Dollar Dorminy Doster Duncan of Carroll Fowler of Treutlen Fuqua Harrell Hill

Hodges Hull Johnson Jones of Sumter Keyton Killingsworth Kimmons Knight of Laurens Knight of Berrien Langford Lokey Lovett Lowrey McClelland McGarity Melton Moss Parker of Screven

Farmer Pelham Phillips of Columbia Phillips of Walton Rodgers of Charlton Roper Ross Scoggin Singer Smith of Brantley Smith of Fulton Taylor of Decatur Vaughn Walker of Lowndes Ware Watson Wells of Peach Woodward

On the adoption of the amendment the ayes were 61, nays 89.

The amendment was therefore lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

868

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Abney Adams
Akins Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Barnett of Baker
Baughman Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Brantley Budd Busbee
Bynum Chandler
Clarke of Monroe Coker Conner Crawford
Culpepper Davis Deen
Dickey Dicus Dollar Duncan of Carroll Dunn Echols Fitzgerald Fleming
Flexer Floyd

Fordham Fowler of Douglas
Greene Hale Harrell Horton Howard Hull
Hurst Joiner Kelly Kidd Killian
King Kirkland
Knight of Berrien Lane
Lewis of Wilkinson Lewis of Burke Loggins Mackay Massee
Matthews of Colquitt McCracken Milhollin Miller
Mixon Moate Moore Moss Mullis Murphy Newton Odom Paris Parker of Ware Payton

Those voting in the negative were Messrs.:

Barber Barrett Black Blalock Bozeman Brown Chance Cocke Collins
Cox

Doster Flynt Funk Hall of Lee Henderson
Jones of Liberty Jones of Worth Jones of Lumpkin
Jordan Keadle

Phillips of Bibb Pickard Poole Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Rowland Scarborough Shuman Simmons Simpson Smith of Habersham Smith of Whitfield Steis Strickland Stuckey Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Undercofler Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Camden Wickham Williams of Coffee Williams of Hall Wilson
Lee of Clinch Lee of Clayton Matthews of Clarke McCutchen McDonald Moorman Morgan Morris NeSmith Otwell

WEDNESDAY, JANUARY 31, 1962

869

Pannell Parker of Appling Purcell Rutland Sangster Sheffield Sinclair

Smith of Grady Stevens Story Tabb Twitty Underwood of
Montgomery

Underwood of Taylor Waldrop White Wilkes Young

Those not voting were Messrs.:

Andrews of Stephens Birdsong Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Clark of Catoosa Cloer Crowe Dorminy Duncan of Fannin Fowler of Treutlen Fuqua Hall of Floyd Hill Hodges

Johnson Jones of Sumter Keyton Killingsworth Kimmons Knight of Laurens Langford Lokey Lovett Lowrey McClelland McGarity Melton Parker of Screven Parmer Pelham

Phillips of Columbia Phillips of Walton Potts Roper Ross Scoggin Singer Smith of Brantley Smith of Fulton Taylor of Decatur Vaughn Watson Wells of Oconee Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 110, neys 48.

The Resolution, having failed to receive the requisite two-third constitutional majority, was lost.

Mr. Kidd of Baldwin served notice that at the proper time he would ask the House to reconsider its action in failing to give HR 371-768 the requisite two-thirds constitutional majority.

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke, and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide for the manner in which certain funds shall be expended, and for other purposes.

Mr. Blalock of Clayton moved that HB 126 be postponed until Monday, February 5, 1962 and the motion prevailed.

HB 126 was postponed until Monday, Februray 5, 1962.

870

JOURNAL OF THE HOUSE,

Under the General Order of Business established by the Rules Committee the following Bill of the House was again taken up for consideration:

HB 787. By Mr. Willingham of Cobb:

A Bill to be entitled an Act to provide an appropriation, of the Em

ployment Security Law, of additional funds which are otherwise avail

able to the Department of Labor, for the purpose of providing suitable

1

offices for use by the Employment Security Agency, and for other pur

poses.

The following amendment was read and adopted:
Mr. Twitty of Mitchell and Willingham of Cobb move to amend HB 787 by adding at the end of Section 3 an additional paragraph to read as follows:
"(a) Notwithstanding any other provisions of this Act, the Commissioner of Labor must have the approval of the Budget Bureau for the expenditure of any funds appropriated herein."

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 as amended, the roll call was ordered and was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Blalock Bolton Bowen of Randolph
Bowen of Toombs Boyett Bozeman Brackin Brantley Brown

Budd Busbee Bynum Chance Chandler Coker Collins Conner Cox Davis Deen Dickey Dorminy
Doster Duncan of Fannin Echols Fleming Flexer Floyd

Greene Hale Henderson Horton Hull Hurst Johnson Joiner Jones of Lumpkin Keadle Kelly Kidd Kirkland
Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Mackay

WEDNESDAY, JANUARY 31, 1962

871

Massee McCracken McCutchen McGarity Miller Mixon
Moate Moore
Moorman Morgan Morris Mullis
Murphy NeSmith Odom Otwell Pannell
Paris Parker of Screven Parker of Appling Phillips of Bibb
Poole

Potts Raulerson Roberts Rodgers of Charlton
Rogers of Paulding Ross
Rowland Rutland Scarborough Sheffield Shuman
Simmons Simpson Sinclair Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland
Tabb Tamblin

Taylor of Dawson Taylor of Bibb
Teague Thornton Todd
Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Waldrop Walker of Lowndes Walker of Telfair
Wells of Peach Wells of Oconee
Wells of Camden
Wilkes Williams of Hall
Willingham Wilson
Young

Those not voting were Messrs.:

Adams Andrews of Stephens Birdsong Black Boggs Branch Brooks of Oglethorpe Brooks of Fulton Caldwell
Clark of Catoosa Clarke of Monroe
Cloer Cocke Crawford
Crowe Culpepper Dicus Dollar Duncan of Carroll
Dunn Fitzgerald Flynt Fordham Fowler of Douglas Fowler of Treutlen
Funk Fuqua Hall of Lee

Hall of Floyd Harrell Hill
Hodges Howard Jones of Liberty Jones of Worth Jones of Sumter
Jordan Keyton Killian Killingsworth Kimmons King Knight of Laurens Knight of Berrien
Lane Langford Lokey Lovett Lowrey Matthews of Clarke Matthews of Colquitt McClelland McDonald
Melton Milhollin
Moss

Newton Parker of Ware
Farmer Payton Pelham Phillips of Columbia Phillips of Walton
Pickard Purcell
Rainey Roper Sangster Scoggin Singer Smith of Grady Smith of Brantley Smith of Fulton
Stuckey Taylor of Decatur
Vaughn Ware
Watson White Wickham Williams of Coffee
Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 122, nays 0.

872

JOURNAL OF THE HOUSE,

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

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 538. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A RESOLUTION
Requesting the United States Congress to appropriate funds to begin construction of certain dams; and for other purposes.
WHEREAS, the development of Georgia's waterways and the con servation of natural resources in such areas is of vital importance to the future growth and progress of our state; and
WHEREAS, efforts have been underway for more than a half century to open the Coosa-Alabama rivers system to navigation, which would make Rome an inland port, and open up a vast new channel for Georgia industrial and business exports and imports; and
WHEREAS, the United States Army Corps of Engineers have con ducted surveys and studies showing that the development of the CoosaAlabama Rivers system is sound and feasible from an economic stand point; and
WHEREAS, the key to the development of this river system would be the construction of a high-level dam at Carters on the Coosawattee River in Murray County, Georgia, and the construction of three major dams on the Alabama River, south of Montgomery; the eventual instal lation of navigation locks in four dams being built on the Coosa River between Rome and Montgomery by the Alabama Power Co., together with the necessary dredging; and
WHEREAS, the Honorable John F. Kennedy, President of the United States, has requested that the Congress appropriate two and onehalf million dollars to begin construction on Carters Dam; one million dollars to start construction on Millers Ferry Dam; $210,000 for com pletion of engineering design and planning on Claiborne Dam; $150,000 for advanced engineering planning on the Jones Bluff Dam, the latter three all being located on the Alabama River south of Montgomery, and $75,000 for an investigation of navigational possibilities on the CoosaAlabama rivers; and
WHEREAS, The Congressional Delegations of both Georgia and Alabama have fought long and valiantly to have these appropriations made by Congress, in the belief that such development will greatly ex pand the economic and industrial potential of this, the largest un developed river basin in the United States, east of the Mississippi; and

WEDNESDAY, JANUARY 31, 1962

873

WHEREAS, it is the sense of the General Assembly of Georgia that the construction of Carters Dam and the development of the CoosaAlabama rivers system is of vital importance to both Georgia and Ala bama.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OP GEORGIA that deep gratitude and appreciation is here by expressed to the members of the Georgia and Alabama United States Congressional Delegations for their long and untiring efforts to ac complish this development, and to the President of the United States for his far-seeing wisdom in requesting such appropriations.

BE IT FURTHER RESOLVED that we urge the members of the Georgia and Alabama Congressional Delegations to continue their strong support for this project and to make every effort to pass such appro priations and carry out the recommendations of President Kennedy.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish official copies of this Resolution to the Honorable John F. Kennedy, President of the United States and to each member of the Georgia and Alabama
United States Congressional Delegation.

HR 459-922. By Mr. Smith of Emanuel:
A RESOLUTION
Creating a joint interim committee of the House and Senate to be known as "The Municipal Study Committee", for the purpose of in quiring into the needs and problems of the incorporated municipalities of the State; to provide for the composition, organization, duties, com pensation and staff of the committee; to provide for proceedings, hear ings and reports; to provide for clerical and research assistance for the committee and payment of expenses; and for other purposes.
WHEREAS, the Federal Decennial Census of 1960 revealed that a majority of the citizens of Georgia reside within incorporated muni cipalities; and
WHEREAS, the rising urban population is casting many demands and problems on the municipal governments of this State; and
WHEREAS, municipal corporations, traditionally, have been created by the General Assembly to provide certain services and perform certain functions peculiarly appropriate to densely settled areas; and
WHEREAS, the present laws governing the powers, duties and responsibilities of municipalities, and the relationship of municipalities to State Government and other political subdivisions should be re-ex amined in the light of present conditions;

874

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY:

SECTION 1
There is hereby created a joint committee of the House and Senate, to be known as the "Municipal Study Committee", to be composed of three members from the House to be appointed by the Speaker of the House, and two members from the Senate to be appointed by the Presi dent of the Senate. The committee shall convene and organize by electing a chairman as soon as possible after adjournment.

SECTION 2

Said committee shall have broad powers to inquire into any area of municipal government, but shall particularly look into the areas of adequacy of financial sources for operating municipal governments, and possible municipal participation in State collected taxes; the problem of attaining orderly growth and expansion of municipalities and the ad justment of municipal boundaries; the adequacy of present laws ap plicable to all municipalities pertaining to the exercise of reasonable authority to control local affairs; and the intergovernmental relation
ship of municipalities to the State and other political subdivisions.

SECTION 3

Said committee is given the authority to conduct hearings and to cooperate with any agency, association or institution to secure infor mation helpful in furthering its purposes. The committee shall present its report to the 1963 General Assembly. Said report to reflect its
findings and recommendations as to desirable legislation or other action desirable relating to its areas of investigation. Unless continued by law, said committee shall dissolve upon presentation of its report to the 1963 General Assembly.

SECTION 4

The committee shall receive such per diem and expenses as author ized interim committees, and is authorized to employ such full or part time clerical workers and other personnel as necessary to the proper conduct of its functions, and is authorized to expend funds for pro curing necessary information, reports and other data.

SECTION 5

All funds herein authorized to be expended by the Committee, in cluding per diem and expenses, shall be paid from funds appropriated by law for operation of the General Assembly, upon certification to the State Treasurer by the Chairman.

SECTION 6

All laws and parts of laws in conflict herewith are hereby repealed.

WEDNESDAY, JANUARY 31, 1962

875

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees;

SR 91. By Senators Sanders of the 18th, McKenzie of the 13th, and others:
A resolution proposing an amendment to the Constitution so as to pro vide for limitations on the issuance of bonds of State Public Author ities; and for other purposes.
Referred to the Committee on State of Republic.

SR 115. By Senator Mathews of the 48th:
A Resolution proposing an amendment to the Constitution so as to change the manner of electing members of the Crisp County Power Commission and to provide for suits by and against the Commission; and for other purposes.
Referred to the Committee on Local Affairs.

SB 182. By Senators Braly of the 38th and Ayers of the 31st: A Bill to be entitled an Act relating to public health and welfare; to relieve from civil liability any person who renders emergency care at the scene of the emergency when such care or services are rendered with out charge and in good faith; and for other purposes.
Referred to the Committee on Welfare.
SB 192. By Senator Grayson of the 1st: A Bill to be entitled an Act amending Code Section 59-106 of the Code of Georgia of 1933 by providing for additional names to be furnished jury commissioners for the selection of additionl jurors from a list of intangible taxpayers; and for other purposes.
Referred to the Committee on Judiciary.
SB 214. By Senators Claxton of the 21st and Bell of the 10th, and others. A Bill to be entitled an Act to amend an Act relating to inspection of public records, so as to provide for the inclusion of additional records; and for other purposes.
Referred to the Committee on State of Republic.
SB 227. By Senator Sanders of the 18th: A Bill to be entitled an Act to amend an Act providing pensions for the firemen of the State of Georgia, so as to define the rights of bene ficiaries; and for other purposes.
Referred to the Committee on State of Republic.

876

JOURNAL OF THE HOUSE,

SB 225. By Senator Hart of the 53rd:
A Bill to be entitled an Act to amend Code Section 27-101 relating to rewards offered by the Governor, so as to authorize the Governor, in his discretion, to offer and cause to be paid, rewards for the detection or apprehension of cattle thieves; and for other purposes.
Referred to the Committee on State of Republic.

Mr. Williams of Hall arose to a point of personal privilege and addressed the House:

The following message was received from the Senate through Mr Stewart the Secretary therof:
Mr. Speaker
I am instructed by the Senate to respectfully ask that the House return the following bill and message for correction:

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett:
A Bill amending an Act regulating the sale of fireworks, so as to re move certain exceptions of said act; and for other purposes.
Since HB 9 relating to the sale of fireworks had not been delivered to the conferees the Speaker directed the Clerk of the House to return said bill to the Senate in order that the correct names of the Senate conferees be properly shown.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker
The Senate insists on its position on the following bill of the House and respectfully requests that a Conference Committee be appointed:
HB 9. By Messrs. Killian of Glynn and Story of Gwinnett:
A bill to amend an act regulating the sale of fireworks, approved March 7, 1955, (Ga. Laws, 1955, p. 550), as amended by an act approved March 9, 1955, (Ga. Laws, 1955, p.732), so as to remove certain ex ceptions to the provisions of said act; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 31, 1962

877

The president appointed as a Committee of Conference on the part of the Senate: Senators Staples of the 37th, White of the 39th and Raynor of the 4th.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomor row morning at 9:30 a. m. o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 a. m o'clock.

878

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, Thursday, February 1, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Charles Gray, Pastor, First Methodist Church, Manchester, Georgia.
Our Father; Thou art the One who gives guidance to those who seek Thy help. Thou art the Light that shines in the darkness that we may see Thy way and walk in it.
We thank Thee that Thou hast loved us with an everlasting love that will not let us go. Keep us ever conscious of Thy presence.
We pray Thy blessings upon those who rule over us. We lift these thy servants up unto Thee; The Governor of this state, the Representatives who make our laws and others in places of au thority. Imbue them with the spirit of wisdom, goodness and truth; and so rule their hearts, and bless their endeavors, that law and order, justice and peace, may everywhere prevail to the honor of Thy holy Name.
Make each of us aware that with greater opportunities, also come greater responsibilities to work wisely and well in the task entrusted to us.
Lead us to know, too, our Father, that what we do is a reflec tion of what we are. So help us to remember that we are Thy Children and we would seek to honor Thy Name.
We pray this in the Name of Jesus Christ, our Lord and Master.
Amen.

The roll call was ordered and the following members answered to their names:

Those voting in the affirmative were Messrs.:

Abney Adams
Akins
Andrews of Stephens Arnsdorff
Ballard Barber
Barnett of Baker

Baughman Black
Blalock
Boggs Bowen of Toombs
Bozeman Brackin
Branch

Brantley Brooks of Oglethorpe
Brooks of Fulton
Brown Budd
Busbee Bynum
Caldwell

THURSDAY, FEBRUARY 1, 1962

879

Chance Clark of Catoosa Cloer Coeke Coker Collins
Cox Culpepper Davis Deen Dorminy Duncan of Fannin Dunn Echols Fitzgerald Flexer Flynt Fordham Fowler of Douglas Funk Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Killian Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford

Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins
Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen Milhollin Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts

Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland
Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Steis Stevens Story Tabb Tamplin Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Williams of Coffee Williams of Hall
Young

Those not voting were Messrs.:

Andrews of Hall Barnett of Wilkes Barrett Birdsong Bolton Bowen of Randolph Boyett Chandler Clarke of Monroe Conner

Crawford Crowe Dickey Dicus Dollar Doster Duncan of Carroll Fleming Floyd Fowler of Treutlen

Fuqua Greene Horton Howard Hurst Jones of Worth
Kelly Keyton Kidd Killingsworth

880

JOURNAL OP THE HOUSE,

Matthews of Colquitt McDonald McGarity Melton
Miller Payton Phillips of Columbia Pickard

Roper Sheffield Smith of Pulton Smith of Whitfield
Strickland Stuckey Taylor of Dawson Taylor of Decatur

Teague White Wilkes Willingham Wilson Woodward Mr. Speaker

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calender in any order that he desires.
Mr. Parker of Ware served notice that at the proper time he would make a motion to instruct the Committee on Industrial Relations to report HB 181 back to the House:
HB 181. By Messrs. Hodges and Parker of Ware: A Bill to be entitled an Act to amend an Act relating to the powers of the Public Service Commission to exercise general supervision over all common carriers, railroads and related facilities and relating to the safety of the public and railroad employees; and for other purposes.
Mr. Killian of Glynn asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Education and recommitted to the Committee on Local Affairs:

THURSDAY, FEBRUARY 1, 1962

881

HB 970. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in Glynn County, so as to provide for education beyond high school level; and for other purposes.

The consent was granted and HB 970 was recommitted to the Committee on Local Affairs.

Mr. Thornton of Bibb asked unanimous consent that the House reconsider its action in failing to give HR 371-768 the requisite constitutional majority, and the consent was granted.

HR 371-768 was placed on the General Calendar.

HR 371-768. By Messrs. Kidd of Baldwin and Thornton of Bibb:
A Resolution proposing an amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Gov ernor's veto; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time, and referred to the Committees:

HB 1006. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to abolish the office of County Treasurer of the County of Laurens; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1007. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Americus; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1008. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, relating to drivers licenses; and for other purposes.
Referred to the Committee on State of Republic.

HB 1009. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act creating a Board of Edu cation of the State, so as to provide the State Board of Education with

882

JOURNAL OF THE HOUSE,

the authority to create as part of the regular curriculum of the public secondary schools of the State a driver education program; and for other purposes.
Referred to the Committee on Education.

HB 1010. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Watkinsville; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1011. By Messrs. Hall of Floyd, Twitty of Mitchell, Smith of Emanuel, Cox of Clarke and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, relating to determination of the amount of funds needed by a local unit to pay teachers' salaries; and for other purposes.
Referred to the Committee on Education.

HB 1012. By Messrs. Moore and Adams of Polk:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in and for the County of Polk, so as to increase the number of Commissioners and establish Districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1013. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman; to define the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1014. By Mr. Stuckey of Dodge: A Bill to be entitled an Act to amend an Act to provide for four terms of the Superior Court of Dodge County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1015. By Mr. Culpepper of Talbot: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Talbot County; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 1, 1962

883

HB 1016. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Gordon, so as to extend the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1017. By Messrs. Brooks of Fulton and McCracken of Jefferson: A Bill to be entitled an Act to provide that the manufacturer of any new personal property sold either directly to the ultimate consumer, or sold through a dealer, or some other person, shall be deemed to im part certain implied warranties to said ultimate consumer; and for other purposes.
Referred to the Committee on Judiciary.
HB 1018. By Messrs. Barnett of Wilkes, Williams of Hall, Phillips of Bibb, Matthews of Clarke, Shuman of Bryan and Simpson of Wheeler: A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to make it unlawful to sell mufflers which cause excessive noise; and for other purposes.
Referred to the Committee on State of Republic.
HB 1019. By Mr. Rogers of Paulding: A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenue for Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1020. By Mr. Rogers of Paulding: A Bill to be entitled an Act to abolish the office of County Treasurer of Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1021. By Mr. Rogers of Paulding: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1022. By Mr. Rogers of Paulding: A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Coroner of Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.

884

JOURNAL OF THE HOUSE,

HB 1023. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to provide for the appointment of a County Depository for Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1024. By Mr. Boggs of Madison:
A Bill to be entitled an Act to amend an Act to incorporate the City of Ha, in Madison County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 529-1024. By Mr. Undercofler of Sumter:
A Resolution to create a Joint Committee to study the possibilities of expanding the University System of this State; and for other purposes.
Referred to the Committee on Rules.

HR 530-1024. By Mr. Wells of Oconee:
A Resolution proposing an amendment to the Constitution so as to create the Oconee County Industrial Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 531-1024. By Mr. Purcell of Franklin:
A Resolution proposing an amendment to the Constitution so as to create the Franklin County Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 532-1024. By Mr. Andrews of Stephens: A Resolution proposing an amendment to the Constitution so as to create the Stephens County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 533-1024. By Mr. Johnson of Jenkins: A Resolution proposing an amendment to the Constitution so as to create the Jenkins County Development Authority; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 1, 1962

885

HR 534-1024. By Messrs. Moore of Polk and Hall of Ployd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create and establish Districts in the several counties in this State from which the members of the County Board of Education shall be elected; and for other purposes.
Referred to the Committee on Education.

HB 1025. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating the AlbanyDougherty Payroll Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1026. By Messrs. Busbee and Odom of Dougherty: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1027. By Messrs. Busbee and Odom of Dougherty: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1028. By Messrs. Busbee and Odom of Dougherty: A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court and the Ordinary of Dougherty on a salary basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1029. By Messrs. Busbee and Odom of Dougherty: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to change the limit of ad valorem taxes; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1030. By Messrs. Bolton and Melton of Spalding: A Bill to be entitled an Act to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property; and for other purposes.
Referred to the Committee on Local Affairs.

886

JOURNAL OP THE HOUSE,

HB 1031. By Messrs. Melton and Bolton of Spalding:
A Bill to be entitled an Act to abolish the present mode of compensa tion of the Coroner of Spalding County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1032. By Mr. Lokey of McDuffie:
A Bill to be entitled an Act to create the Thomson and McDuffie County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 535-1032. By Mr. Lokey of McDuffie:
A Resolution proposing an amendment to the Constitution so as to create the Thomson and McDuffie County Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1033. By Mr. Doster of Wilcox:
A Bill to be entitled an Act to grant a new charter to the City of Rochelle; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1034. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act relating to the authority of county boards of education over school property and facilities so as to provide that county boards may transfer school sites located in municipalities under certain circumstances; and for other purposes.
Referred to the Committee on State of Republic.

HR 536-1034. By Mr. Kirkland of Tattnall:
A Resolution to rename Reidsville State Park, so that hereafter said Park shall be known as Gordonia Alatamaha State Park; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 537-1034. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Resolution proposing an amendment to the Constitution so as to authorize Muscogee County to issue certain revenue anticipation obli gations known as revenue bonds; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 1, 1962

887

HB 1035. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1036. By Messrs. Dicus, Wickham and Pickard of Muscogee:
A Bill to be entitled an Act to provide for the examination of master and journeyman plumbers and steamfitters carrying on said vocation in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1037. By Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act which defines the crime of abandonment of a child and provides the punishment therefor, so as to provide that people convicted for the violation of the provisions of said Act shall be confined in a county jail, works camp or other place; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1038. By Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act which defines vagrancy; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1039. By Messrs. Payton of Coweta and Morgan of Gwinnett: A Bill to be entitled an Act to amend an Act which provides for the penalty for violations of Chapters 68-1 to 68-4 relating to prisoners and county work camps; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 1040. By Messrs. Payton of Coweta and Morgan of Gwinnett: A Bill to be entitled an Act to amend an Act which defines the crime of drunkenness in public places; and for other purposes.
Referred to the Committee on State Institutions and Property.
HE 539-1040. By Messrs. Funk, Crawford and Dickey of Chatham: A Resolution proposing an amendment to the Constitution so as to remove the provision stating that public school systems established

888

JOURNAL OF THE HOUSE,

prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution; and for other purposes.
Referred to the Committee on Education.

HR 540-1040. By Messrs. Milhollin and Williams of Coffee:
A Resolution proposing an amendment to the Constitution so as to create the Coffee County Recreational Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 541-1040. By Messrs. Crawford and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to provide for 15 members of the Savannah District Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1041. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the charter of the City of Macon, so as to confirm the action of the mayor and council in closing a portion of the Alley in Square 77 in the old City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1042. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1043. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Recorders Court of the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1044. By Messrs. Thornton, Taylor and Phillips of Bibb:
A Bill to be entitled an Act to amend the charter of the City of Macon, so as to extend the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 1, 1962

889

HB 1045. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon, relating to insurance for employees of the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1046. By Messrs. Thornton, Taylor and Phillips of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, so as to change the date for Macon Tax returns; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1047. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, relating to polling places; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1048. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act to establish a county Board of Commissioners for the County of Bibb; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1049. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to create a public body corporate and politic, as an instrumentality of the County of Bibb and the City of Macon, and to be known as the Macon-Bibb County Industrial Author ity; and for other purposes.
Referred to the Committee on Local Affairs.

HR 542-1049. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Resolution proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to make certain appropriations through the Macon-Bibb County Industrial Authority so as to encourage the location of indus trial facilities; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 543-1049. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority

890

JOURNAL OF THE HOUSE,

of Bibb County with the authority to provide for the construction and maintenance of streets and related installations, both within and with out the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HR 544-1049. By Mr. Parker of Ware:
A Resolution creating a Committee to study problems of Youth; and for other purposes.
Referred to the Committee on Rules.

HR 545-1049. By Messrs. Barber of Jackson and Williams of Hall:
A Resolution authorizing the transfer of certain real property located in Hall County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 546-1049. By Messrs. Barber of Jackson and Williams of Hall:
A Resolution authorizing the transfer of certain real property located in Hall County; and for other purposes.
Referred to the Committee on State Institutions and Property.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 973. By Messrs. Vaughn of Rockdale, Steis of Harris, Morris of Tift, Jordan of Calhoun, Harrell of Fayette, Simpson of Wheeler and others:
A Bill to be entitled an Act to change the compensation of the Lieu tenant Governor; and for other purposes.

HB 974. By Messrs. Matthews of Clarke and Killian of Glynn:
A Bill to be entitled an Act to amend an Act relating to the sale or exhibition of obscene pictures; to provide for punishment for the sale of obscene literature with knowledge of its obscene character; and for other purposes.

HB 975. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to provide that utility facilities shall be removed at the cost of the owner thereof under certain conditions; and for other purposes.

THURSDAY, FEBRUARY 1, 1962

891

HB 976. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act creating the Town of Avera; and for other purposes.

HB 977. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Leesburg, so as to change the corporate limits; and for other purposes.

HB 978. By Messrs. Taylor, Phillips and Thornton of Bibb and Strickland of Evans:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court Emeritus, so as to provide an age at which one shall be eligible for appointment as Judge of the Superior Court Emeritus; and for other purposes.

HB 979. By Messrs. Dickey, Funk and Crawford of Chatham: A Bill to be entitled an Act to amend an Act creating the Charter of the Town of Pooler, so as to change the corporate limits; and for other purposes.
HB 980. By Messrs. Dickey, Funk and Crawford of Chatham: A Bill to be entitled an Act to create the Charter of the Town of Pooler, so as to change the millage rate which may be levied by the Mayor and Aldermen; and for other purposes.
HB 981. By Mr. Wilkes of Cook: A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Adel, so as to increase the corporate limits; and for other purposes.
HR 501-981. By Messrs. Crawford and Dickey of Chatham: A Resolution proposing an amendment to the Constitution of the United States prohibiting the Government of the United States to engage in any business, professional, commercial, financial or industrial enter prise except as specified in the Constitution; and for other purposes.
HR 502-981. By Mr. Vaughn of Rockdale: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create the Rockdale County-Conyers Water Authority; and for other purposes.

892

JOURNAL OF THE HOUSE,

HR 503-981. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.

HR 504-981. By Mr. Singer of Stewart:
A Resolution proposing an amendment to the Constitution so as to authorize Stewart County to provide a natural gas system for said County; and for other purposes.

HR 505-981. By Mr. Lovett of Laurens: A Resolution proposing an amendment to the Constitution so as to provide for action by the Senate and the House of Representatives relative to employees of each House and to provide for joint commit tees; and for other purposes.
HR 506-981. By Mr. Hall of Lee: A Resolution authorizing and directing the State Librarian to furnish certain State Law Books to the Ordinary of Lee County; and for other purposes.
HR 507-981. By Mr. Parker of Screven: A Resolution proposing an amendment to the Constitution so as to create the Screven County Development Authority; and for other pur poses.
HR 508-981. By Mr. Watson of Houston: A Resolution proposing an amendment to the Constitution so as to create the City of Perry Industrial Building Authority; and for other purposes.

HR 509-981. By Messrs. Crawford and Dickey of Chatham:
A Resolution to propose that the State Board of Education require the teaching of a course of study entitled "Americanism versus Communism" in the public schools of the State of Georgia; and for other purposes.

HR 510-981. By Mr. Bynum of Rabun:
A Resolution proposing an amendment to the Constitution so as to create the Rabun County Industrial Building Authority; and for other purposes.

THURSDAY, FEBRUARY 1, 1962

893

HB 982. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to provide that Clerks of the Superior Court may use separate index books in certain counties; and for other purposes.

HB 983. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to create and incorporate the City of Martinez, in the County of Columbia, and to grant a charter to that municipality under that name and style; and for other purposes.

HB 984. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Carroll County; and for other purposes.

HB 985. By Messrs. Waldrop and Duncan of Carroll: A Bill to be entitled an Act to amend an Act creating and adopting a new charter for the Town of Temple, so as to change the name of said Town to the City of Temple; and for other purposes.
HR 511-985. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate E. Clyde Perkins; and for other purposes.
HR 512-985. By Messrs. Duncan and Waldrop of Carroll: A Resolution proposing an amendment to the Constitution so as to authorize the City of Carrollton to issue and sell revenue bonds for the purpose of carrying out slum clearance; and for other purposes.
HB 986. By Messrs. Newton of Colquitt, Farmer of Heard, Ware of Troup, Joiner of Washington and Fowler of Douglas: A Bill to be entitled an Act to amend an Act known as the Georgia Fertilizer Act, so as to define "lot" as applies in determining plant nutrient deficiency and penalties; and for other purposes.
HB 987. By Mr. Raulerson of Echols: A Bill to be entitled an Act establishing a Board of Commissioners of Roads and Revenues of Echols County; and for other purposes.
HB 988. By Mr. Matthews of Clarke: A Bill to be entitled an Act to amend an Act establishing the Employees Retirement System for the State of Georgia; and for other purposes.

894

JOURNAL OF THE HOUSE,

HB 989. By Messrs. M. Smith, Brooks and McClelland of Pulton, Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to powers to vacate and abandon streets; and for other purposes.

HR 513-989. By Mr. King of Chattahoochee:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Chat tahoochee County by the Board of Education; and for other purposes.

HR 514-989. By Mr. Stuckey of Dodge:
A Resolution to compensate Mrs. Mary W. Screws; and for other pur poses.

HR 515-989. By Mr. Doster of Wilcox:
A Resolution proposing an amendment ;to the Constitution so as to provide that the members of the Board of Education of Wilcox County shall take office on January 1 after the date of their election; and for other purposes.

HB 990. By Messrs. Lee of Clinch, Parker of Appling, Moorman of Lanier, Henderson of Atkinson, Kimmons of Pierce and Sheffield of Brooks.
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law," so as to change the definition of "employer"; and for other purposes.

HB 991. By Messrs. Lee of Clinch, Moorman of Lanier, Henderson of Atkinson, Kirkland of Tattnall, Parker of Appling and Raulerson of Echols:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to buy, sell, make, keep or maintain a gaming table known as a pinball machine; and for other purposes.

HB 992. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to provide the terms of the Superior Court of Jeff Davis County; and for other purposes.

HB 993. By Mr. Fitzgerald of Long:
A Bill to be entitled an Act to prescribe the rate of Commission which the Tax Collector of Long County shall receive; and for other purposes.

THURSDAY, FEBRUARY 1, 1962

895

HB 994. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff of Glynn County on a salary basis in lieu of a fee basis; and for other purposes.

HB 995. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick; and for other purposes.
HR 516-995. By Messrs. Crawford, Dickey and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts in Chatham County; and for other purposes.

HR 517-995. By Mr. Jones of Lumpkin:
A Resolution proposing an amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority; and for other purposes.

HB 996. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend an Act relating to the report of examiners in connection with land registration, so as to provide that 30 days notice will be given to file exceptions to the report; and for other purposes.

HB 997. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend an Act relating to the necessary expenses as an item in the estimation of damages for injury done, so as to provide that certain expenses incurred by a wife as a result of an injury, may be recovered even though these expenses are legally the responsibility of her husband; and for other purposes.

HB 998. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend the charter of the City of Man chester; to fix the corporate limits of said City; and for other purposes.

HB 999. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act relating to how liens are declared, created, and recorded, so as to provide a method whereby a debtor might remove a lien from the record when suit is not instituted within 12 months after such lien is filed; and for other purposes.

896

JOURNAL OF THE HOUSE,

HR 524-999. By Mr. Barnett of Baker:
A Resolution compensating L. W. Johnson, Sheriff of Baker County; and for other purposes.

HR 525-999. By Mr. Hurst of Quitman:
A Resolution proposing an amendment to the Constitution so as to authorize Quitman County to provide a natural gas system for said county; and for other purposes.

HR 526-999. By Mr. Fleming of Richmond:
A Resolution to compensate Ballentine Motors of Augusta, Inc.; and for other purposes.

HB 1000. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Athens, and relating to public transportation system in the City of Athens; and for other purposes.

HB 1001. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend an Act pertaining to service of process, so as to provide a procedure for service of process when the defendant in a divorce action shall abide temporarily and involuntarily in a county of this State other than that of his legal residence; and for other purposes.

HB 1002. By Messrs. Lane of Bulloch, Parker of Screven, Parker of Ware, Odom of Dougherty and Morris of Tift:
A Bill to be entitled an Act to place all sheriffs in this State on a salary basis in lieu of a fee basis; and for other purposes.

HB 1003. By Messrs. Deen of Bacon and Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act providing for the licensing and bonding of dealers in agricultural products, so as to redefine "dealer in agricultural products" to include persons buying, selling, processing and shelling pecans; and for other purposes.

HR 527-1003. By Messrs. Matthews and Newton of Colquitt:
A Resolution compensating Mr. George Rufus Hanna; and for other purposes.

THURSDAY, FEBRUARY 1, 1962

897

HB 1004. By Mr. Horton of Putnam:
A Bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Putnam County; and for other purposes.

HB 1005. By Mr. Horton of Putnam:
A Bill to be entitled an Act to change from the fee to the salary system in Putnam County the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver and the Ordinary; and for other purposes.

HR 528-1005. By Mr. Horton of Putnam:
A Resolution proposing an amendment to the Constitution so as to set the compensation for the Putnam County Tax Collector; and for other purposes.

SR 91. By Senators Sanders of the 18th, McKenzie of the 13th, and others:
A Resolution proposing an amendment to the Constitution so as to provide for limitations on the issuance of bonds of State Public Authori ties; and for other purposes.

SR 115. By Senator Mathews of the 48th:
A Resolution proposing an amendment to the Constitution so as to change the manner of electing members of the Crisp County Power Commission and to provide for suits by and against the Commission; and for other purposes.

SB 182. By Senators Braly of the 38th and Ayers of the 31st:
A Bill to be entitled an Act relating to public health and welfare; to relieve from civil liability any person who renders emergency care at the scene of the emergency when such care or services are rendered without charge and in good faith; and for other purposes.
SB 192. By Senator Grayson of the 1st:
A Bill to be entitled an Act amending Code Section 59-106 of the Code of Georgia of 1933 by providing for additional names to be furnished jury commissioners for the selection of additional jurors from a list of intangible taxpayers; and for other purposes.
SB 214. By Senators Claxton of the 21st and Bell of the 10th, and others:
A Bill to be entitled an Act to amend an Act relating to inspection of public records, so as to provide for the inclusion of additional records; and for other purposes.

898

JOURNAL OF THE HOUSE,

SB 227. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act providing pensions for the firemen of the State of Georgia, so as to define the rights of bene ficiaries; and for other purposes.

SB 225. By Senator Hart of the 53rd:
A Bill to be entitled an Act to amend Code Section 27-101 relating to rewards offered by the Governor, so as to authorize the Governor, in his discretion, to offer and cause to be paid, rewards for the detection or apprehension of cattle thieves; and for other purposes.

The following report of the Rules Committee was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 1, 1962, and submits the following:
1. HB 126. Minimum Foundation, expend funds (p.p.) 2. HB 389. Housing Authorities, bonds 3. HB 556. Dealers Registration Act, certain counties 4. HR 187-599. License plate, more than one year 5. HB 629. Relief of disabilities 6. HB 723. Candidates in General Election, fee 7. HR 363-763. Revenue Anticipation Certificates 8. HR 364-763. Revenue Bonds 9. HR 367-766. Monument at Vicksburg. 10. HR 368-766. Confederate Veteran, monument 11. HR 369-766. Chief Justices, busts 12. HB 769. Sale of County Owned Property 13. HB 784. Tax equalization, loan 14. HB 785. Confinement of minors 15. HB 793. State Auditor, duties 16. HR 384-793. Open Road, Okefenokee 17. HB 800. False wholesale advertising 18. HB 810. Income from estate 19. HB 830. Notary Public, clarify 20. HR 406-831. Felony, maximum sentence 21. HB 861. Motor Common Carriers, define

THURSDAY, FEBRUARY 1, 1962

899

22. HB 862. Motor Contract Carriers, define

23. HR 420-875. Write-in vote, disqualify

24. HB 882. Motor Title Act, amend

25. HB 883. Title Act, appropriation (p.p.)

26. HB 933. Certain language over telephone, prohibit

27. HB 941. Supervisor of Purchases, duties

28. HB 945. Telephone, removal used, illegal purposes

29. SB

81. Members of military, absentee voting

30. SB 151. Holding bar examinations

31. SB 170. Absentee vote by military

32. SB 213. Veterinary medicine, amend

33. HB 724. Workmen's Compensation, amend

34. HB 928. Issuance of warrants

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:

Mr. Speaker:

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 House with the following recommendations:
HB 442. Do Pass.

HB 986. Do Pass.

HB 1003. Do Pass.

Respectfully submitted,

'.

Fowler of Douglas,

:

Chairman. f

900

JOURNAL OP THE HOUSE,

Mr. Fuqua of Richmond County, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 956. Do Pass.

HB 839. Do Pass.

HB 840. Do Pass.

HB 837. Do Pass.

HB 836. Do Pass.

Respectfully submitted,

Fuqua of Richmond,

Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

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 House with the following recommendation:

HB 914. Do Pass.

Respectfully submitted,

Hall of Floyd,

Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under con sideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

HR 494-968. Do Pass.

HR 503-981. Do Pass.

Respectfully submitted,

Cox of Clarke,

Chairman.

THURSDAY, FEBRUARY 1, 1962

901

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 951. Do Pass.

HB 952. Do Pass.

HB 953. Do Pass.

HB 954. Do Pass.

HB 955. Do Pass.

HB 957. Do Pass.

HB 960. Do Pass.

HB 962. Do Pass, as Amended.

HB 963. Do Pass.

HB 964. Do Pass.

HB 965. Do Pass.

HB 966. Do Pass.

HB 967. Do Pass.

HB 968. Do Pass.

HB 969. Do Pass.

HR 483-957. Do Pass.

HR 486-957. Do Pass.

HR 490-962. Do Pass.

HR 491-965. Do Pass.

SB

216. Do Pass.

SB

218. Do Pass.

SB

219. Do Pass.

Respectfully submitted,

Underwood of Montgomery

Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso-

902

JOURNAL OP THE HOUSE,

lution of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
SR 102. Do Pass, as Amended.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :

HR 417-875. Do Pass.

HR 473-935. Do Pass.

HB 996. Do Pass.

HB 935. Do Pass.

HB 867. Do Pass.

HR 372-768. Do Pass.

HR 487-957. Do Pass.

HB 898. Do Pass.

SR

109. Do Pass.

SR

101. Do Pass.

HB 925. Do Pass.

HR 517-995. Do Pass.

HR 504-981. Do Pass.

HR 507-981. Do Pass.

HR 489-961. Do Pass.

HR 508-981. Do Pass.

HR 488-961. Do Pass.

HR 482-957. Do Pass.

HR 510-981. Do Pass.

HB 170. Do Not Pass.

Respectfully submitted, Bolton of Spalding,

Chairman.

THURSDAY, FEBRUARY 1, 1962

903

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 973. Do Pass. HB 921. Do Pass. HB 730. Do Pass by Substitute. HR 429-907. Do Pass. HB 945. Do Pass. HB 924. Do Pass, as Amended.
Respectfully submitted, McCracken of Jefferson, Chairman.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has adopted as amended by the requisite constitutional majority the following resolutions of the House to wit:

HR 375-772. By Messrs. Pannell of Murray; McCutchen of Gilmer; Fowler of Douglas; and many others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly to provide for the submission of this amendment for ratification or re jection; and for other purposes.

HR 376-772. By Messrs. Pannell of Murray; McCutchen of Gilmer; Fowler of Douglas; and many others:
A Resolution proposing an amendment to the Constitution so as to provide for appropriation control; and for other purposes.

HR 382-785. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Dade:
A Resolution proposing an amendment to the Constitution so as to allow any county or municipality in the State to borrow the necessary

904

JOURNAL OF THE HOUSE,

funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes from private individuals, firms, corpora tions, or partnerships, as well as from the State; and for other purposes.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:

HB 257. By Mr. Pannell of Murray: A Bill to repeal an Act relating to publication of campaign expenses by candidates; and for other purposes.
HB 289. By Messrs. Thornton, Phillips and Taylor of Bibb: A Bill to amend an Act known as the "Juvenile Court Act"; and for other purposes.
HB 781. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Bade: A Bill to establish a continuing capital fund to be administered by the State Revenue Commissioner from which loans to counties may be made to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes as authorized by law; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof: Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate to wit:
SR 134. By Senator Dykes of the 14th: A Resolution setting a minimum wage for State highway maintenance employees; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:

THURSDAY, FEBRUARY 1, 1962

905

SB 230. By Senators Owens of the 32nd and Overby of the 33rd:
A Bill to create the Lake Lanier Islands Development Authority; and for other purposes.

SB 199. By Senator Overby of the 33rd:
A Bill to amend Section 29-301 of the Code relating to covenants run ning with the land, as amended, so as to provide that covenants re stricting lands to certain uses shall not run more than twenty (20) years in counties and municipalities which have a Planning Commission or Planning Laws; and for other purposes.

SB 202. By Senator Overby of the 33rd:
A Bill to amend an Act approved Feb. 3, 1949, establishing an em ployees' retirement system (Ga. Laws 1949, pp. 138 et seq.) as amended, so as to modify means and procedure thereof for members to secure Social Security coverage; and for other purposes.

SB 212. By Senator Knox of the 54th:
A Bill to amend an Act relating to the health insurance plan for State Employees approved March 16, 1961, so as to authorize members of the General Assembly to participate in such plan; and for other purposes.

SB 211. By Senator Knox of the 54th:
A Bill to amend an Act providing for physical examinations for pros pective employees of the State, approved March 17, 1956 (Ga. L. 1956, p. 808), as amended, so as to provide that the applicant shall pay the cost of an examination performed by a physician of the applicant's choice; and for other purposes.

SB 221. By Senator Staples of the 37th:
A Bill to provide for the manner of selecting judges emeritus, their pay, duties, and term of service; and for other purposes.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:

906

JOURNAL OF THE HOUSE,

HB 812. By Messrs. Caldwell of Upson, Brooks of Fulton and Twitty of Mitchell:
A Bill to increase the salaries of Superior Court Judges; and for other purposes.

By unanimous consent, the following Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 482-957. By Mr. McCutchen of Gilmer:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Gilmer County Development Authority; to provide for powers, authority, funds, purpose and procedure connected 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 VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Gilmer County to be known as the Gilmer County Development Authority, which shall be an instrumentality of Gilmer County and a public corporation and which in this amendment is hereafter re ferred to as the 'Authority';
"B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by the governing authority of Gilmer County, three of whom shall reside within the city limits of Ellijay, Georgia, one within the city limits of East Ellijay, Georgia, and three at large from the area of Gilmer County outside the limits of Ellijay and East Ellijay. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of five years; and there after their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the said govern ing Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be a member of the governing authority of Gilmer County, but there shall be no other disqualification to hold public office by reason of membership in the Authority;
"C. The property, obligations and the interest on the obliga-

THURSDAY, FEBRUARY 1, 1962

907

tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Gilmer County.

"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority;

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Gilmer County;

"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations op erating or promising to operate any industrial plant or establish
ment within Gilmer County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;

"(4) To borrow money, to issue notes, bonds, and revenue cer tificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(5) To contract with Gilmer County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(6) To have and exercise usual powers of private corpora tion except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion and develop ment of industry, agriculture, trade, boating, recreation, and com-

908

JOURNAL OF THE HOUSE,

merce and the facilities therefor in Gilmer County, and to make long-range plans therefor, to relieve insofar as possible unemploy ment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Gilmer County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all neces sary or useful furnishings, machinery, and equipment. Such acquition may be through the acquition of land and the construction thereon of a building, including the demolition of existing struc tures, or through the acquition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(9) To designate officers to sign and act for the Authority generally or in any specific matter;

"(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated;

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Gilmer County;
"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority;
"G. The members of the Authority shall receive no compen sation for their services of the Authority;
"H. The Authority, with the consent of the governing authority of Gilmer County and to carry out purpose of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of

THURSDAY, FEBRUARY 1, 1962

909

interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be is sued thereunder; provided, however, that any property, real or per sonal, of the Authority may be pledged, mortgaged, conveyed, as signed, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Au thority. In the event such income is not sufficient to pay the prin cipal and interest of such Revenue Bonds, as they mature, then the governing authority is authorized and required to provide the ad ditional funds necessary to make such payment, and for this purpose the said governing authority is authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills;

"I. The governing authority is also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the pur poses as herein stated or as may hereafter be defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Gilmer County and its citizens, industry, agriculture, boating, recreation, and trade within the County of Gilmer, and making long-range plans for such development and expansion and to authorize the use of public funds of Gilmer County for such purpose, and this amend ment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation;

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise

910

JOURNAL OF THE HOUSE,

further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Gilmer County, and the scope of its operations shall be limited to the territory embraced within Gilmer County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Gilmer County.

"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Gilmer County or the State."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Gilmer County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith.

"Against ratification of amendment to the Constitution so as to create the Gilmer County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 1, 1962

911

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Black Blalock Bolton Bowen of Randolph Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Culpepper Davis Dickey Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Funk

Fuqua Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Killingsworth Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Milhollin Miller Mixon Moate Moore Moorman Morgan Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Appling Farmer

Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Roberts Rodgers of Charlton Ross Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield
Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Andrews of Hall Barnett of Wilkes Birdsong

Bowen of Toombs Branch Brooks of Fulton

Chandler Clarke of Monroe Crawford

912

JOURNAL OF THE HOUSE,

Crowe Deen Dicus Dollar Ployd Fowler of Treutlen Greene Hale Hill Hodges Hurst Jones of Worth Jones of Sumter Kelly Keyton Kidd Killian Kimmons

King Kirkland Knight of Berrien Loggins McClelland McDonald McGarity Melton Morris Newton Pannell Parker of Ware Payton Pickard Rainey Raulerson Rogers of Paulding Roper

Sangster Simmons Singer Smith of Habersham Taylor of Dawson Taylor of Decatur Teague Thornton Undercofler Underwood of
Montgomery Walker of Telfair Wickham Wilkes Willingham Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

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

HR 487-957. By Mr. Barnett of Wilkes:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Washington Wilkes Payroll Development Authority as a constitutional authority and public corporation; to provide for the financing of said authority; and to confer on the General Assembly the authority to prescribe by law additional powers and duties for said authority; to provide for the submission of this amendment for ratification or rejec tion by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Washington Wilkes Payroll Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Wilkes County. The County of Wilkes and the City of Washington may contract with the Au-

THURSDAY, FEBRUARY 1, 1962

913

thority as a public corporation as provided by the Constitution of Georgia.

"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers and authority as prescribed by law and the General Assem bly may pass all other necessary legislation for the implementation of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidence of indebtedness shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing and promoting for the public good and general welfare jobs and pay rolls in industry, agriculture, commerce, and natural resources and the making of long-range plans for the coordination of such de velopment, promotion and expansion, within its territorial limits, and shall specifically be authorized to enter into contracts and agreements for periods of time and extending beyond the terms of the members of the Authority in office at the time of such contracts and agreements. The Authority shall not be empowered or au thorized in any manner to create a debt as against the State of Georgia, the County of Wilkes or the City of Washington. The Authority is created for nonprofit purposes and all property ac quired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.
"The specifications of certain powers herein is not intended to be exclusive, it being the intention of this amendment that all powers hereby granted, and to be granted by the General Assembly pursuant hereto, are to be liberally construed to effectuate the general purposes of said Authority as hereinabove set out.

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Washington Wilkes Payroll Development Authority.

914

JOURNAL OF THE HOUSE,

"Against ratification of amendment to the Constitution so as to create the Washington Wilkes Payroll Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens
Arnsdorff Ballard
Barber Barnett of Baker Barrett Baughman Black
Blalock Boggs Bolton Bowen of Randolph
Boyett Bozeman Brackin
Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa
Cloer

Cocke Coker Collins Conner
Cox
Culpepper Davis Dickey Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Horton Howard

Hull Johnson Joiner
Jones of Liberty Jones of Lumpkin Jordan
Keadle Killingsworth Knight of Laurens Lane Langford
Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke
Lokey Lovett Lowrey
Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen
Milhollin Miller Mixon
Moate

THURSDAY, FEBRUARY 1, 1962

915

Moore Moorman Morgan Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb
Poole Potts Purcell

Roberts Rodgers of Charlton Ross Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Stuckey

Tabb Tamplin Taylor of Bibb Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Andrews of Hall Barnett of Wilkes Birdsong Bowen of Toombs
Branch Brooks of Fulton Chandler Clarke of Monroe Crawford
Crowe Been
Dicus Dollar
Floyd Fowler of Treutlen Greene Hale Hill Hodges Hurst Jones of Worth

Jones of Sumter Kelly Keyton Kidd
Killian Kimmons King
Kirkland
Knight of Berrien Loggins McClelland McDonald McGarity Melton
Morris Newton
Pannell Parker of Ware
Payton Pickard Rainey

Raulerson Rogers of Paulding
Roper Sangster Simmons
Singer Smith of Habersham Taylor of Dawson Taylor of Decatur
Teague Thornton Undercofler Underwood of
Montgomery Walker of Telfair
Wickham Wilkes Willingham Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

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

916

JOURNAL OF THE HOUSE,

HE 488-961. By Mr. Todd of Glascock:
A KESOLUTTON
Proposing an amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for the purposes therein stated; 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 VII, Paragraph V of the Constitution, relating to revenue anticipation obligations, is hereby amended by adding at the end thereof the following:

"Provided further, that revenue bonds may be issued by Glas cock County herein called the issuer, to provide funds for the pur chase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured products or (b) any commercial enterprise in storing, warehousing, distributing or sell ing products of agriculture, mining and industry, or any combina tion thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the
revenue of the facilities involved.

"The revenue bonds shall be payable, as to principal and in terest, from revenue received from such undertaking, but shall be deemed debts of, and create debts against the issuer within the meaning of this Constitution; and the issuer shall exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof, by levying a tax on all taxa ble property therein not to exceed (5) mills. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized 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 amended, as if said obliga tion had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on

THURSDAY, FEBRUARY 1, 1962

917

their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for the purposes therein stated."

"Against ratification of amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for the purposes therein stated."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Arnsdorff Ballard Barber
Barnett of Baker Barrett Baughman
Black Blalock Bolton Bowen of Randolph

Boyett Bozeman Brackin
Brantley Brooks of Oglethorpe Brown Budd
Busbee Bynum Caldwell
Chance Clark of Catoosa Cloer Cocke

Coker Collins Conner
Cox Culpepper Davis Dickey
Dorminy Doster Duncan of Fannin
Duncan of Carroll Dunn Echols Fitzgerald

918

JOURNAL OP THE HOUSE,

Fleming Flexer Flynt Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Killingsworth Knight of Laurens Lane . Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke
Lokey Lovett Lowrey Mackay Massee Matthews of Clarke

Matthews of Colquitt McCracken McCutchen Milhollin Miller Mixon Moate Moore Moorman Morgan Moss Mullis Murphy
NeSmith Odom Otwell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Roberts Rodgers of Charlton Ross Rowland Rutland Scarborough Scoggin

Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs. :

Andrews of Hall Barnett of Wilkes Birdsong Bowen of Toombs Branch Brooks of Fulton Chandler Olarke of Monroe Crawford Crowe Deen Dicus Dollar Floyd Fowler of Treutlen Greene Hale Hill

Hodges Hurst Jones of Worth Jones of Sumter Kelly Keyton Kidd Killian Kimmons King Kirkland Knight of Berrien Loggins McClelland McDonald McGarity Melton Morris

Newton Pannell Parker of Ware Payton Pickard Rainey Raulerson Rogers of Paulding Roper Sangster Simmons Singer Smith of Habersham Taylor of Dawson Taylor of Decatur Teague Thornton Undercofler

THURSDAY, FEBRUARY 1, 1962

919

Underwood of Montgomery
Walker of Telfair

Wickham Wilkes Willingham

Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

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

HR 489-961. By Mr. Deen of Bacon:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Bacon Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected 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 V, Section IX of the Constitution is hereby amended by adding at the end the following:
"A. There is hereby created a body corporation and politic in Bacon County, Georgia to be known as the Bacon Industrial Build ing Authority, which shall be an instrumentality of Bacon County, Georgia and a public corporation. In this amendment it shall be hereafter referred to as 'The Authority';
"B. The Authority shall consist of five members. The Presi dent of the Board of Trade, the Mayor of the City of Alma, Georgia, and the Chairman of the Bacon County Board of Commissioners shall be by virtue of their office members of the Authority. In addi tion the Board of Commissioners of Roads and Revenue of Bacon County, Georgia shall appoint two members and shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Bacon County, Georgia.

920

JOURNAL OF THE HOUSE,

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements and indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

" (4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the
power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Bacon County, Georgia so as to relieve insofar as possible unemployment within its bound aries, and to that end to acquire by purchase or gift any building or structure within the limits of Bacon County, Georgia, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or
through the acquisition of an existing structure and the remodeling, renovating, reconstructing, furnishing and equipping of such build
ing;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the
undertaking;

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

THURSDAY, FEBRUARY 1, 1962

921

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligations against the State of Georgia of Bacon County, Georgia.

"P. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this Amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment in Bacon County, Georgia.
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.
"J. No money derived by the Authority from any source other than gifts and contriblutions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

922

JOURNAL OP THE HOUSE,

"K. Should said 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 Bacon County, Georgia subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said prop erty at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade with Bacon County, Georgia and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Bacon County, Georgia and the scope of its operations shall be limited to the territory embraced within the county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations be yond such limits.
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Bacon Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Bacon Industrial Building Authority."

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Bacon County, Georgia shall vote for ratification thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General As sembly, and it shall be the duty of the Secretary of State to ascertain

THURSDAY, FEBRUARY 1, 1962

923

and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Culpepper Davis Dickey Dorminy Doster Duncan of Pannin Duncan of Carroll Dunn

Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Killingsworth Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Milhollin Miller

Mixon Moate Moore Moorman Morgan Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Robert Rodgers of Charlton Ross Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland

924

JOURNAL OP THE HOUSE,

Stuekey Tabb Tamplin Taylor of Bibb Todd Tucker Twitty

Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach

Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Andrews of Hall Barnett of Wilkes Birdsong Bowen of Toombs Branch Brooks of Fulton Chandler Clarke of Monroe Crawford Crowe Deen Dicus Dollar Floyd Fowler of Treutlen Greene Hale Hill Hodges Hurst Jones of Worth

Jones of Sumter Kelly Keyton Kidd Killian Kimmons King Kirkland Knight of Berrien Loggins McClelland McDonald McGarity Melton Morris Newton Pannell Parker of Ware Payton Pickard Rainey

Raulerson Rogers of Paulding Roper Sangster Simmons Singer Smith of Habersham Taylor of Dawson Taylor of Decatur Teague Thornton Undercofler Underwood of
Montgomery Walker of Telfair Wickham Wilkes Willingham Woodward

On the adoption of the Resolution, the ayes were 144, nays 0.

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

SR 101. By Senator Ponsell of the 5th:
A RESOLUTION
Proposing to the qualified voters of the City of Waycross an amend ment to Georgia Laws 1937, pp. 1131-1132, which amended Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1877 (Ga. Code Anno. 2-5401), and continued in full force and effect by Article VII, Section X, Paragraph I of the Constitution of the State of Georgia of 1945 (Ga. Code Anno. 2-6301), so as to authorize the City of Waycross to use the funds raised from the industrial levy in assisting, promoting, and encouraging the location of industries in Ware County.

THURSDAY, FEBRUARY 1, 1962

925

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. The amendment, Georgia Laws 1937, pages 1131-1132, to Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1877 (Ga. Code Anno. 2-5401), and continued in full force and effect by Article VII, Section X, Paragraph I of the Con stitution of the State of Georgia of 1945 (Ga. Code Anno. 2-6301), be and the same is hereby amended by striking the period following the words "location of new industries therein" in Section 1, and adding the following words, "or in Ware County.", so that said section as amended shall read as follows:

"Section 1. That Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, be and the same is hereby amended by adding at the end of said paragraph the following language: "Pro vided, however, that the City of Waycross, in Ware County, is authorized to levy a tax on all of the taxable property therein, not to exceed one mill, for the purpose of securing a fund to be set aside, used and appropriated by the City of Waycross in assisting, promoting, and encouraging the location of new industries therein or in Ware County. Said tax and appropriation being in addition to those now authorized by law."

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

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

"For ratification of an amendment to the Constitution so as to provide that the City of Waycross may use the funds raised from the industrial levy in assisting, promoting and encouraging the location of industries in Ware County.
"Against ratification of an amendment to the Constitution so as to provide that the City of Waycross may use the funds raised from the industrial levy in assisting, promoting and encouraging the location of industries in Ware County."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State, and shall be effective as of January 1, 1962. The returns of the election shall be made in like manner as returns for elections for mem-

926

JOURNAL OF THE HOUSE,

bers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Baker
Barrett Baughman Black Blalock Boggs Bolton Bowen of Randolph
Boyett Bozeman Brackin Brantley Brooks of Oglethorpe
Brown Budd Busbee Bynum Caldwell Chance Clark Cloer Cocke Coker Collins Conner Cox Culpepper Davis Dickey Dorminy Doster Duncan of Fannin Duncan of Carroll

Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Funk Fuqua
Hall of Lee Hall of Floyd Harrell
Henderson Horton
Howard Hull Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan
Keadle Killingsworth Knight of Laurens Lane Langford Lee of Clinch
Lee of Clayton Lewis of Wilkinson Lewis of Burke
Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen

Milhollin
Miller Mixon Moate Moore Moorman Morgan Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Roberts Rodgers of Charlton Ross Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis

THURSDAY, FEBRUARY 1, 1962

927

Stevens Story Strickland
Stuckey Tabb Tamplin Taylor of Bibb
Todd

Tucker
Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware
Watson

Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Andrews of Hall
Barnett of Wilkes Birdsong Bowen of Toombs Branch Brooks of Fulton Chandler Clarke of Monroe
Crawford Crowe
Deen Dicus Dollar Floyd
Fowler of Treutlen Greene Hale Hill Hodges Hurst Jones of Worth

Jones of Sumter Kelly
Keyton Kidd Killian Kimmons King
Kirkland Knight of Berrien Loggins McClelland McDonald McGarity Melton
Morris Newton Pannell Parker of Ware
Payton Pickard Rainey

Raulerson Rogers of Paulding
Roper Sangster Simmons
Singer Smith of Habersham Taylor of Dawson Taylor of Decatur Teague Thornton Undercofler Underwood of
Montgomery Walker of Telfair Wickham Wilkes Willingham Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

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

SR 109. By Senator Towson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Dublin and County of Laurens Development 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 VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties,

928

JOURNAL OF THE HOUSE,

cities and political subdivisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the "City of Dublin and County of Laurens Development Authority" which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdic tion to be limited to the territory embraced by the City of Dublin and County of Laurens. The city and county may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The city or county is authorized to levy a tax on all taxable property therein not to exceed two mills for the purpose of secur ing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed.
"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General As sembly may pass all other necessary legislation for the implementa tion of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, in dustry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its ter ritorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the City of Dublin or the County of Laurens. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authori ty is created."
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 submittted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the City of Dublin and County of Laurens Development Authority.

THURSDAY, FEBRUARY 1, 1962

929

"Against ratification of amendment to the Constitution so as to create the City of Dublin and County of Laurens Development
Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment
shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Adams
Akins Andrews of Stephens Arnsdorff
Ballard Barber Barnett of Baker
Barrett Baughman Black Blalock
Boggs Bolton Bowen of Randolph
Boyett Bozeman Brackin Brantley Brooks of Oglethorpe
Brown
Budd Busbee Bynum Caldwell Chance Clark of Catoosa

Cloer
Cocke Coker Collins Conner Cox
Culpepper Davis Dickey Dorminy Doster Duncan of Pannin Duncan of Carroll Dunn Echols
Fitzgerald Fleming Flexer Flynt
Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell
Henderson

Horton

;

Howard

Hull

Johnson

Joiner

Jones of Liberty

Jones of Lumpkin

Jordan

Keadle

Killingsworth

Knight of Laurens

Lane

Langford

Lee of Clinch

Lee of Clayton

Lewis of Wilkinson

Lewis of Burke

Lokey

Lovett

Lowrey

|

Mackay

Massee

Matthews of Clarke

Matthews of Colquitt

McCracken

McCutchen

Milhollin

930

JOURNAL OF THE HOUSE,

Miller Mixon Moate Moore Moorman Morgan Moss Mullis Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole

Potts Purcell Roberts Rodgers of Charlton Ross Rowland Rutland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield
Steis Stevens Story Strickland

Stuckey Tabb Tamplin Taylor of Bibb Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Andrews of Hall Barnett of Wilkes Birdsong Bowen of Toombs Branch Brooks of Fulton Chandler Clarke of Monroe Crawford Crowe Deen Dicus Dollar Floyd Fowler of Treutlen Greene Hale Hill Hodges Hurst Jones of Worth

Jones of Sumter Kelly Keyton Kidd Killian Kimmons King Kirkland Knight of Berrien Loggins McClelland McDonald McGarity Melton Morris Newton Pannell Parker of Ware Payton Pickard Rainey

Raulerson Rogers of Paulding Roper Sangster Simmons Singer Smith of Habersham Taylor of Dawson Taylor of Decatur Teague Thornton Undercofler Underwood of
Montgomery Walker of Telfair Wickham Wilkes Willingham Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

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

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

THURSDAY, FEBRUARY 1, 1962

931

SB 199. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Section 29-301 of the Code relat ing to covenants running with the land, as amended, so as to provide that covenants restricting lands to certain uses shall not run more than twenty (20) years in counties and municipalities which have a Planning Commission or Planning Laws; and for other purposes.
Referred to the Committee on Judiciary.

SB 202. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act approved February 3, 1949 establishing an employees' retirement system, so as to modify means and procedure thereof for members to secure Social Security coverage; and for other purposes.
Referred to the Committee on Rules.

SB 211. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act providing for physical examinations for prospective employees of the State, so as to provide that the applicant shall pay the cost of an examination performed by a physician of the applicant's notice; and for other purposes.
Referred to the Committee on State of Republic.

SB 212. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to the health insurance plan for State Employees approved March 16, 1961, so as to authorize members of the General Assembly to participate in such plan; and for other purposes.
Referred to the Committee on Rules.

SB 221. By Senator Staples of the 37th:
A Bill to be entitled an Act to provide for the manner of selecting judges emeritus, their pay, duties, and term of service; and for other purposes.
Referred to the Committee on State of Republic.

SB 230. By Senators Owens of the 32nd and Overby of the 33rd:
A Bill to be entitled an Act to create the Lake Lanier Islands Develop ment Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

932

JOURNAL OF THE HOUSE,

By unanimous consent, the following Resolutions of the House and Senate were read and adopted:

HR 552. By Messrs. Phillips of Columbia, Smith of Emanuel, and others:
A RESOLUTION
Commending Honorable L. 0. Mosley; and for other purposes.
WHEREAS, today, February 1, 1962, is the 68th birthday of Hon orable L. O. Mosley; and
WHEREAS, he is a member of the Board of Aldermen of the City of Atlanta, and has been active in the civic and business affairs of his locality for many years; and
WHEREAS, he is well-known to all the members of the General Assembly due to his long tenure of service as manager of the Henry Grady Hotel; and
WHEREAS, he now serves as President of the Henry Grady Hotel Corporation; and
WHEREAS, at the present time he is confined to the hospital due to illness; and
WHEREAS, he has been extremely courteous to the members of this body, and has gone out of his way to assist legislators in every way possible; and
WHEREAS, his many acts of kindness and thoughtfulness for the members of the General Assembly have endeared him to the hearts of all who have been fortunate enough to make his acquaintance;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby commends Honorable L. O. Mosley for his kindness, generosity, and thoughtfulness towards the members of this body, and wishes for him a most speedy recovery from his illness.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable L. O. Mosley.

HR 553. By Mr. Smith of Emanuel:
A RESOLUTION
Extending congratulations to COATS & CLARK, INC.; and for other purposes.

THURSDAY, FEBRUARY 1, 1962

933

WHEREAS, COATS & CLARK, INC., the world's largest producer of thread and producer of many other products, celebrates its 150th Anniversary in 1962; and

WHEREAS, its biggest operation is in the State of Georgia, plants being located in many counties in this State; and

WHEREAS, this great company has made immeasurable contribu tions to the economy of the entire State; and

WHEREAS, the president of the company, Mr. John B. Clark, is a man of outstanding character and ability, having been responsible for much of the tremendous growth of one of the leading companies in the entire United States;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby of fered to COATS & CLARK, INC. and its president, Mr. John B. Clark, on the occasion of the 150th Anniversary of this outstanding company, and best wishes are hereby extended for a most prosperous and success ful future not only in the State of Georgia but in all the areas of the world in which it operates.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to Mr. John B. Clark.

HR 554. By Mr. Smith of Brantley:
A RESOLUTION
Expressing regrets at the passing of Judge Cecil M. Roddenberry; and for other purposes.
WHEREAS, the Honorable Judge Cecil M. Roddenberry of the Waycross Judicial Circuit and Nahunta, Brantley County, Georgia, passed away recently; and
WHEREAS, said Judge Roddenberry had served long and useful to the best interest of his county and State; and
WHEREAS, Judge Roddenberry had served as a member of the Senate of Georgia; and
WHEREAS, Judge Roddenberry had served as the Superior Court Judge of the Waycross Judicial Circuit since 1955; and
WHEREAS, Judge Roddenberry was known as an honest law maker and a just jurist; and
WHEREAS, Judge Roddenberry, due to his lifetime of public serv-

934

JOURNAL OF THE HOUSE,

ice, was admired and esteem by his fellow legislators and the members of the Bar throughout the Waycross Judicial Circuit and the State;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body do express regrets upon the passing of Judge Cecil M. Roddenberry and that this body do offer its sincerest condolences to the members of Judge Roddenberry's family.

BE IT FURTHER RESOLVED that the Clerk of the House be instructed to transmit copies of this resolution to the members of Judge Roddenberry's family and to Judge Roddenberry's court.

HR 555. By Messrs. Smith of Emanuel, Matthews of Clarke and Cox of Clarke:
A RESOLUTION
Requesting the Institute of Law and Government of the School of Law and the Center for Continuing Education of the University of Georgia to conduct the Third Institute for Georgia Legislators, provid ing for the formation of a Program Committee; and for other purposes.
WHEREAS, the First and Second Institute for Georgia Legislators were held in 1958 and 1960 at the Center for Continuing Education on the campus of the University of Georgia, and
WHEREAS, these Institutes for Georgia Legislators were planned, executed and conducted by the University's Institute of Law and Gov ernment of the School of Law and Center for Continuing Education, in cooperation with a Program Committee composed of various members and officers of the Senate and House of Representatives, and
WHEREAS, these institutes were high successful and all who at tended were better able to perform their duties as Legislators and, consequently, serve the people of their locality and their State in a better and more efficient manner; and
WHEREAS, if such an Institute is to be held in 1962, a great deal of forethought and advance work and scheduling on the part of the Institute of Law and Government and Center for Continuing Education will be required.
NOW, THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Institute of Law and Government and Center for Continuing Education of the University of Georgia are hereby requested: (1) to plan and conduct the Third Institute for Georgia Legislators; (2) to schedule this Institute to take place in De cember, 1962 at the Center for Continuing Education on the campus of the University of Georgia in Athens; and (3) to invite all newlyelected members of the 1963-1964 Senate and House of Representatives to attend this Institute.
BE IT FURTHER RESOLVED, that the Institute of Law and Government and Center for Continuing Education are hereby requested

THURSDAY, FEBRUARY 1, 1962

935

to invite, at the appropriate time, various in-coming members of the 1963-1964 Senate and House of Representatives to serve as a Program Committee, this Committee to afford counsel, guidance, and assistance to the Institute of Law and Government and Center for Continuing Education in the planning and conduct of this Third Institute for Geor
gia Legislators.

BE IT FURTHER RESOLVED, that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the President of the University of Georgia, the Dean of the University of Georgia School of Law, the Director of the Georgia Center for Continuing Education, and the Director of the Institute of Law and Government.

HR 556. By Messrs. Rowland of Johnson and Sinclair of Macon:
A RESOLUTION
Commending and congratulating Frances Read; and for other pur poses.
WHEREAS, Frances Read has faithfully and diligently for many years served this Body; and
WHEREAS, this charming lady is celebrating a birthday today;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL REPRESENTATIVES that this Body commends Frances Read for her outstanding record of service and wishes for her sincerest congratula tions and the happiest of birthdays.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Frances Read.

HR 560. By Messrs. Smith of Emanuel, Matthews of Clarke:
A RESOLUTION
Extending congratulations to the Honorable Frank H. Edwards on his birthday; and for other purposes.
WHEREAS, the Honorable Frank H. Edwards, the distinguished Legislative Counsel, is on this day celebrating another anniversary of his youth and,
WHEREAS, the said Legislative Counsel has for many years while he was an Assistant Attorney General, while he was the Deputy Director of the Bill Drafting Unit and since his appointment in 1959 as Legislative Counsel of the General Assembly, rendered distinguished and indispensable service to both branches of the General Assembly and,

936

JOURNAL OF THE HOUSE,

WHEREAS, many of his birthday anniversaries have been spent in carrying out the duties of his office and ably assisting the members of this Body.

THEREFORE BE IT RESOLVED BY THE HOUSE OF REP

RESENTATIVES that in recognition of the above service and as a

token of our appreciation and esteem for this distinguished gentleman,

the unanimous and sincerest congratulations of this Body is extended

to the Honorable Frank H. Edwards on this his birthday anniversary

k

and our wishes for a long and abundant life for he has indeed made

himself necessary to all of us.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish the Honable Frank H. Edwards with an appropriate copy of this resolution by delivering a copy of the same to the "Third Branch of the General As sembly", the office of the Legislative Counsel.

HR 446-915. By Mr. Thornton of Bibb:
A RESOLUTION
To amend a Resolution creating the Criminal Law Study Committee, approved March 7, 1961 (Ga. Laws 1961, p. 96), so as to clarify pro visions relating to service and funds; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Resolution creating the Criminal Law Study Committee, approved March 7, 1961 (Ga. Laws 1961, p. 96), is hereby amended by striking from the next to the last paragraph thereof the following:
"Provided, further, that the above shall not apply to the mem bers from the General Assembly, and such members shall remain on the Committee only so long as they continue to be members of the General Assembly."
BE IT FURTHER RESOLVED that said Resolution is further amended by striking the last paragraph in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"The Committee is hereby authorized to appoint subcommittees and adopt such procedures as it feels will best serve the purposes for which it is created. In order to perform its duties more effi ciently, the Committee is authorized to employ clerical help and an editorial and research staff and fix the compensation therefor, subject to the approval of the Governor. The Committee is authorized to obtain such materials, supplies and equipment as it deems necessary to accom plish its duties and purposes. All members of the Committee shall re ceive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The legisla tive members and the member from the Georgia Bar Association shall receive the above from the funds appropriated to or available to the

THURSDAY, FEBRUARY 1, 1962

937

Legislative Branch of the Government. The member from the Superior Court Judges Association, the member from the Solicitors General As sociation, the member from the City Court Judges Association, and the member from the City Court Solicitors Association, city courts having been declared adjuncts of the superior court, shall receive the above from the funds appropriated for the cost of operating the superior courts. In the event any member ceases to be a member of any official group or agency, as provided herein, such member shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government, it previously having been provided herein that the persons originally appointed as members of the Committee shall remain as members of the Committee until the completion of its work. All funds, except as provided hereinabove, which are necessary to effectuate the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Govern ment and from any other available funds."

BE IT FURTHER RESOLVED that all laws and parts of laws in conflict herewith are hereby repealed.

On the adoption of the Resolution, the ayes were 110, nays 0.

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

HR 384-793. By Messrs. Lee of Clinch, Raulerson of Echols, and others:
A RESOLUTION
To propose opening to the public the perimeter road around the Okefenokee Swamp and the sealed dam at the mouth of the Suwannee River; and for other purposes.
WHEREAS, the Okefenokee Swamp, one of Georgia's most beauti ful, picturesque, and mysterious sights, could be more easily visited, studied, and enjoyed by the public if the perimeter road around the Okefenokee and the sealed dam at the mouth of the Suwannee River were opened to public use and enjoyment; and
WHEREAS, such road and dam are easily reached by the public, and the opening thereof would greatly increase the flow of natives and tourists; and
WHEREAS, the opening of such road and dam to the public would in no way hinder or detract from the purposes for which they were built.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA to prevail upon our congressional delega-

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JOURNAL OF THE HOUSE,

tion to the Congress of the United States to propose and commence such action which can and will open up said road and dam to public use.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send appropriate copies of this resolution to each Georgia senator and representative in the Congress of the United States.

By unanimous consent the following Resolutions of the House and Senate were read and referred to the Committee on Rules:

HR 557. By Messrs. McDonald of White, Andrews of Hall, and others:
A RESOLUTION
Proposing that Yonah Mountain be made a permanent tourist at traction; and for other purposes.
WHEREAS, Yonah Mountain, located in White County, Georgia, approximately eighty-five miles northeast of Atlanta, has an elevation of 3173 feet, and is one of the largest monadnoeks east of the Missis sippi, being larger than Stone Mountain; and
WHEREAS, three states other than Georgia may be viewed from its summit; and
WHEREAS, it is rich in Cherokee Indian lore, being adjacent to the Sautee-Nacoochee Valley; and
WHEREAS, it is a beautiful and historical part of Georgia and attracts many tourists; and
WHERAS, it will be to the advantage of the State of Georgia and the people of Georgia if Yonah Mountain is made a permanent tourist attraction.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it is hereby recommended and urged that Yonah Mountain be made a permanent tourist attraction, and that either the State of Georgia or a private corporation obtain the neces sary land and provide the necessary facilities for making it a permanent tourist attractions.
BE IT FURTHER RESOLVED that if and when sufficient State funds are available, it is recommended that such funds be provided for the purpose of developing Yonah Mountain into a permanent tourist attraction.

THURSDAY, FEBRUARY 1, 1962

939

SR 134. By Senator Dykes of the 14th:

A RESOLUTION

Proposing to our State Highway Board that they do implement a minimum salary for any highway maintenance employee the sum of $1.00 per hour;

WHEREAS, the State of Georgia now employs certain highway maintenance employees for an hourly wage of less than $1.00 per hour, which is less than the minimum wage law;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that they do hereby recommend that the State Highway Department of Georgia hereby adopt a minimum wage of $1.00 per hour for State Highway maintenance employees.

By unanimous consent, the following Resolutions and Bill of the House were taken up for the purpose of considering the Senate amendments thereto:

HR 375-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph, and many others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; and for other purposes.

The following Senate amendment was read:
Senator Sanders of the 18th moves to amend HR 375-772 'By striking the word "Last" from paragraph 3 on line six thereof and inserting in lieu thereof the word "second".'

Mr. Pannell of Murray moved that the House disagree to the Senate amend ment and the motion prevailed.
The Senate amendment to HR 375-772 was disagreed to.
HR 376-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, Bowen of Randolph; and many others: A Resolution proposing an amendment to the Constitution so as to provide for appropriation control; and for other purposes.
The following Senate amendment was read:

940

JOURNAL OP THE HOUSE,

The Senate Rules Committee moves to amend HR 376-772 by strik ing a sub-paragraph C of Paragraph II in its entirety and by sub stituting the following:

(c) At the end of each fiscal year, unless approved by the Budget Bureau, the amount of each appropriation provided for in this Chapter, except for the mandatory appropriations required by the Constitution, remaining unexpended and which have not been contractually obligated in writing, shall lapse and cease to be avail able and the State Treasurer shall not pay any unallotted appro priation and shall make the necessary adjustments in his appro priation accounts to charge off the amount of the lapsed appropria tions. In no event, shall any appropriated funds which have neither been expended nor contractually obligated in writing be carried forward by any budget unit beyond the biennium covered by the Appropriation Act.

Mr. Pannell of Murray moved that the House disagree to the Senate amend ment and the motion prevailed.

The Senate amendment to HR 376-772 was disagreed to.
HR 382-785. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Dade:
A Resolution proposing an amendment to the Constitution so as to allow any county or municipality in the State to borrow the necessary funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes from private individuals, firms, corporations, or partnerships; and for other purposes.
The following Senate amendment was read:
The Committee on Rules moves to amend HR 382-785, as follows:
By changing the period at the end of Section I to a semi-colon and adding at the end thereof the following:
"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 pro gram 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."

Mr. Bolton of Spalding moved that the House agree to the Senate amend ment.

THURSDAY, FEBRUARY 1, 1962

941

On the motion to agree to the Senate amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams
Akins Andrews of Stephens
Andrews of Hall
Ballard Barbtfr Barnett of Baker Barrett Baughman Black
Boggs Bolton Bowen of Randolph
Boyett Bozeman Brackin Brantley Brooks of Oglethorpe
Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe
Cloer Cocke Collins
Cox Culpepper
Davis Dickey
Doster Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Flexer Fordham Funk Hale Hall of Lee Hall of Floyd Henderson Hill Horton

Hurst
Johnson Joiner Jones of Liberty
Jones of Worth Jones of Lumpkin Jordan
Keadle Killian
Killingsworth King Kirkland
Knight of Laurens Knight of Berrien
Lane Langford
Lee of Clinch Lee of Clayton Lewis of Wilkinson
Loggins Lokey Lovett Lowrey Mackay Matthews of Colquitt
McCracken McGarity
Melton Milhollin Miller
Mixon Moorman Morgan Moss Mullis
Murphy NeSmith
Newton Odom Otwell Pannell Paris Parker of Screven
Parker of Ware Parker of Appling Farmer
Pelham Phillips of Bibb

Pickard
Poole Potts Rainey
Roberts Rodgers of Charlton Roper Ross
Rowland Sangster
Scarborough Scoggin
Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham
Smith of Whitfield Steis Stevens Stuckey Tabb Tamplin Taylor of Bibb Teague Todd Tucker Twitty
Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes
Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee
Williams of Hall
Wilson Young

942

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Arnsdorff Barnett of Wilkes Birdsong Blalock Bowen of Toombs Branch
Brooks of Fulton Chandler Coker Conner Crawford Crowe Been Dicus
Dollar Dorminy Echols Fleming Floyd Flynt Fowler of Douglas

Fowler of Treutlen Fuqua Greene Harrell Hodges Howard
Hull Jones of Sumter Kelly Keyton Kidd Kimmons Lewis of Burke Massee
Matthews of Clarke McClelland McCutchen McDonald Moate Moore Morris

Payton Phillips of Columbia Phillips of Walton Purcell Raulerson Rogers of Paulding
Rutland Sheffield Singer Story Strickland Taylor of Dawson Taylor of Decatur Thornton
Waldrop Walker of Telfair Wilkes Willingham Woodward Mr. Speaker

On the motion to agree to the Senate amendment the ayes were 143, nays 0.

The Senate amendment to HR 382-785 was agreed to.

HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Doug las, Bowen of Randolph, and many others:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau, so as to create a new Budget Bureau; and for other purposes.

The following Senate amendments were read:
Senator Grayson moves to amend House Bill 742 by adding a new Section to read as follows:
"Be it further enacted that Sections 46, 47, 48, 49, and 50 of the General Appropriations Act approved April 5, 1961, be and the same are hereby expressly, specifically, and separately repealed effective June 30, 1962."
Be it further enacted that the provisions of this amendment shall be incorporated in the caption of said Bill.
Senator Smalley of the 26th moves to amend HB 742 as follows:
By striking the words "for adoption" in the fourth line of Section

THURSDAY, FEBRUARY 1, 1962

943

40-405 thereof and by substituting therefor the words "for considera tion".

Senator Smalley of the 26th moves to amend HB 742 as follows:
By adding the following new clause at the end of the first sentence in subsection 2 of Section 40-406:
"and a statement of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the next fiscal year".,
so that said subsection 2, as amended, shall read as follows:
"2. Statements of income and receipts for each of the two fiscal years last concluded, and the estimated income and receipts of the current fiscal year and of each of the next two fiscal years, and a statement of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the next fiscal year. The statements of income and estimated income shall be itemized by sources and by budget unit collecting the same. The statements of receipts and estimated receipts shall be itemized by sources and by budget unit receiving the same. Existing sources of income and receipts shall be analyzed as to their equity, productivity and need for revision, and any proposed new sources of income or receipts shall be explained."
Be it further enacted that the caption of HB 742 be amended to incorporate the provisions of this amendment and the caption thereof.

Senators Sanders of the 18th and Knox of the 54th move to amend HB 742 as follows:
By adding a new sentence at the end of subsection 1 of Section 40404 of said Bill, to read as follows:
"The Budget Bureau shall make its records and information available at all times to the General Assembly and its designees."
so that said subsection 1, as amended, shall read as follows:
"1. Develop financial policies and plans as the basis for budget recommendations to the General Assembly, and prepare detailed documents in accordance with such financial policies and plans for presentation to the General Assembly. The Budget Bureau shall make its records and information available at all times to the Gen eral Assembly and its designees."

Senators Sanders of the 18th and Knox of the 54th move to amend HB 742 as follows:

944

JOURNAL OF THE HOUSE,

By striking subsection 1 of Section 40-407 of said Bill in its en tirety and inserting in lieu thereof a new subsection 1, to read as follows:

"1. The General Assembly shall not appropriate funds for any given 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 next fiscal year, together with an amount not greater than the grand total Treasury receipts an ticipated to be collected in the fiscal year, less refunds. Supple mentary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph III of the Consti tution of Georgia."

Senators Sanders of the 18th and Knox of the 54th move to amend HB 742 as follows:
In Section 40-413 of said Bill, by adding the words "of appropriated funds" after the words "budget units" in line 2 of said Section, and by adding the word "appropriated" after the word "of" in line 4 of said Section, so that now said Section, as amended, shall read as follows:
"40-413. Expenditures to be authorized by appropriation Acts. All expenditures of the State and of its budget units of appro priated funds shall be made under the authority of appropriations Acts which shall be based upon a budget prepared as provided in this Chapter. The transfer of appropriated funds within a budget unit between budget classes, as set forth in this Chapter, shall not be authorized unless approved by the Budget Bureau."

Senators Sanders of the 18th and Knox of the 54th move to amend HB 742 as follows:
By adding a new sentence at the end of Section 40-414 of said Bill, to read as follows:
"A duplicate copy of all of the quarterly work programs and any amendments thereto shall be filed simultaneously with the Budget Bureau, the State Treasurer and the State Auditor, and Comptroller General."
so that said Section 40-414, as amended, shall read as follows:
"40-414 Quarterly work programs to be filed with the Budget Bureau. The Governor, through the Budget Bureau, shall require each budget unit, other than those of the Legislative branch and the Judicial branch, to file quarterly work programs with the Budget Bureau not later than twenty (20) days before the begin ning of each quarter of the calendar year, or at such time as the Budget Bureau shall direct. No allotment of funds as provided in Section 40-415 shall be approved for any budget unit until such budget unit shall have filed a quarterly work program with the Budget Bureau and the quarterly work program shall have been

THURSDAY, FEBRUARY 1, 1962

945

approved by the Governor. The work program shall be presented on forms prescribed by the Budget Bureau and shall contain such information as the Governor, through the Budget Bureau, may require. The work program shall include the amount of the portion of the appropriation required for the quarter's expenditures based on the budget prepared as provided in this Chapter. Quarterly work programs may be amended from time to time in such manner as the Budget Bureau may require. A duplicate copy of all of the quarterly work programs and any amendments thereto shall be filed simultaneously with the Budget Bureau, the State Treasurer and the State Auditor and Comptroller General."

Senators Sanders of the 18th and Knox of the 54th move to amend HB 742 as follows:
By striking Section 40-420 of said Bill in its entirety and inserting in lieu thereof a new Section 40-420, to read as follows:
"40-420. Appropriation lapse. At the end of each fiscal year, unless approved by the Budget Bureau, the amount of each appro priation provided for in this Chapter, except for the mandatory appropriation required by the Constitution, remaining unexpended, and which have not been contractually obligated in writing, shall lapse and cease to be available and the State Treasurer shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriation. In no event shall any appropriated funds which have neither been expended nor contractually obligated in writing be carried forward by any budget unit beyond the biennium covered in the Appropriation Act."
Mr. Pannell of Murray moved that the House disagree to the Senate amend ments and the motion prevailed.
The Senate amendments to HB 742 were disagreed to.
Mr. Coker of Walker was granted leave of absence for Friday, February 2, 1962, due to pressing court matters.
Mr. Duncan of Carroll arose to a point of personal privilege and addressed the House.
Under the General Order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

946

JOURNAL OF THE HOUSE,

HR 367-766. By Mr. Fowler of Douglas:
A Resolution authorizing the placing of a Monument at Vicksburg; and for other purposes.

The following Committee amendment was read and adopted:
The Appropriations Committee moves to amend HR 367-766 as fol lows:
"To add a sentence at the end to read, 'Provided such costs do not exceed $7,500.00.'"

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber
Barnett of Wilkes Barnett of Baker Baughman Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Brantley Brooks of Oglethorpe Brown Busbee Chance Clark of Catoosa Cloer Coker Collins Cox Davis Dickey Doster
Duncan of Fannin

Dunn Fitzgerald Fleming
Flexer Fordham Fowler of Douglas Funk
Hall of Lee Hall of Floyd Harrell
Henderson Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Keadle
Killingsworth Kimmons King Knight of Laurens Knight of Berrien Langford
Lee of Clinch Lee of Clayton Lewis of Wilkinson

Lewis of Burke
Lokey Lovett Lowrey Mackay
Massee Matthews of Clarice
McCracken McCutchen Milhollin Miller Mixon Moate Moorman Morgan
Moss Mullis Murphy
Otwell Pannell Paris
Parker of Screven Parker of Appling
Farmer Pelham Phillips of Walton Phillips of Bibb Poole
Potts

THURSDAY, FEBRUARY 1, 1962

947

Rainey Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Grady Smith of Habersham

Steis Stevens Story Strickland Stuckey Tamplin Taylor of Bibb Thorn ton Todd Tucker Undercofler Underwood of

Montgomery Underwood of Taylor Vaughn Waldrop Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Willingham Young

Those not voting were Messrs.:

Adams Andrews of Hall Barrett Birdsong Black Bowen of Toombs Brackin Branch Brooks of Fulton Budd Bynum Caldwell Chandler Clarke of Monroe Cocke Conner Crawford Crowe Culpepper Deen Dicus Dollar Dorminy Duncan of Carroll Echols Floyd Flynt Fowler of Treutlen

Fuqua Greene Hale Hill Hodges Jones of Worth Jones of Sumter Jordan Kelly Keyton Kidd Killian Kirkland Lane Loggins Matthews of Colquitt McClelland McDonald McGarity Melton Moore Morris NeSmith Newton Odom Parker of Ware Payton Phillips of Columbia

Pickard Purcell Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Singer Smith of Brantley Smith of Fulton Smith of Whitfield Tabb Taylor of Dawson Taylor of Decatur Teague Twitty Walker of Lowndes Walker of Telfair Ware Watson Wickham Wilkes Wilson Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 122, nays 0.

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

HR 368-766. By Mr. Fowler of Douglas:
A Resolution relative to the Monument to honor the last Confederate Veteran; and for other purposes.

948

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens
Arnsdorff Ballard
Barber Barnett of Baker Barrett Baughman Blalock Boggs Bolton Bowen of Randolph
Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum
Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Collins
Cox Davis Dickey Dorminy
Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming
Flexer Fordham Fowler of Douglas
Funk Hall of Lee Hall of Floyd Harrell Henderson

Horton Howard Hull Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Killingsworth Kimmons King Knight of Laurens Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McCutchen Milhollin Miller Mixon Moate Moorman Morgan Moss Mullis Murphy
Odom Otwell Pannell Paris Parker of Screven Parker of Ware Pelham

Phillips of Bibb Poole Potts Rainey
Ross Rowland Rutland
Scarborough Scoggin Shuman
Simmons Simpson Sinclair Smith of Grady Smith of Habersham
Steis Stevens Story Strickland Stuckey Tamplin Taylor of Bibb Thornton
Todd Tucker Twitty Undercofler
Underwood of Montgomery
Underwood of Taylor Vaughn
Waldrop Walker of Lowndes Wells of Peach Wells of Oconee Wells of Camden
White Williams of Coffee
Williams of Hall
Willingham Wilson Woodward Young

THURSDAY, FEBRUARY 1, 1962

949

Those not voting were Messrs.:

Adams Andrews of Hall Barnett of Wilkes Birdsong Black Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Pulton Chandler Cocke Coker Conner Crawford Crowe Culpepper Deen Dicus Dollar Floyd Flynt Fowler of Treutlen Fuqua

Greene Hale Hill Hodges Jones of Worth Jones of Sumter Keyton Kidd Killian Kirkland Knight of Berrien Lee of Clinch Loggins Matthews of Colquitt McClelland McCracken McDonald McGarity Melton Moore Morris NeSmith Newton Parker of Appling Payton

Phillips of Columbia Phillips of Walton Pickard Purcell Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Singer Smith of Brantley Smith of Fulton Smith of Whitfield Tabb Taylor of Dawson Taylor of Decatur Teague Walker of Telfair Ware Watson Wickham Wilkes Mr. Speaker

On the adoption of the Resolution, the ayes were 129, nays 0.

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

HR 369-766. By Mr. Fowler of Douglas: A Resolution relating to the placing of four busts of Chief Justices in the State Judicial Building; and for other purposes.
The following Committee amendment was read and adopted:
The Appropriations Committee moves to amend HR 369-766 as follows: "By adding a sentence at the end to read as follows: 'Provided,
however, that such costs do not exceed $20,000.00'"
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, as amended, the roll call was ordered and the vote was as follows:

950

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Akins Ballard Barber Barnett of Baker Baughman Boggs Bowen of Randolph Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Collins Cox Davis Dickey Dicus Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas

Harrell Henderson Hill Howard Hull Hurst Joiner Jones of Lumpkin Jordan Keadle Killian Killingsworth King
Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McCutchen McGarity Miller Mixon Moate Moorman Morgan Murphy

NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Poole Rainey Ross Rutland Scarborough Scoggin Shuman Simpson Smith of Grady Smith of Fulton Smith of Whitfield Steis Story Strickland Tamplin Teague Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Wells of Peach Wells of Oconee Wells of Camden Young

Those voting in the negative were Messrs.:

Arnsdorff Culpepper Horton Milhollin Phillips of Bibb

Potts Roberts Simmons Smith of Habersham

Taylor of Bibb Williams of Coffee Williams of Hall Wilson

Those not voting were Messrs.:

Adams Andrews of Stephens Andrews of Hall Barnett of Wilkes Barrett Birdsong Black Blalock

Bolton Bowen of Toombs Bozeman Branch Bynum Chandler Cocke Coker

Conner Crawford Crowe Deen Dollar Fleming Floyd Flynt

THURSDAY, FEBRUARY 1, 1962

951

Fordham Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Hodges Johnson Jones of Liberty Jones of Worth Jones of Sumter Kelly Keyton Kidd Kimmons Kirkland Langford Loggins Matthews of Colquitt McClelland

McCracken McDonald Melton Moore Morris Moss Mullis Newton Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Purcell Raulerson Rodgers of Charlton Rogers of Paulding Roper Rowland Sangster Sheffield

Sinclair Singer Smith of Brantley Stevens Stuckey Tabb Taylor of Dawson Taylor of Decatur Thornton Underwood of
Montgomery Vaughn Walker of Lowndes Walker of Telfair Ware Watson White Wickham Wilkes Willingham Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 103, nays 13.

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

HB 769. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act pertaining to the sale of county owned property, so as to provide that said Act shall not apply to the sale of any real property belonging to any county in this State where the property was by the property governing authority of the county advertised for ten consecutive days in the newspaper in which the Sheriff's advertisements are published; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins

Arnsdorff Ballard

Barber Barnett of Baker

952

JOURNAL OF THE HOUSE,

Barrett Baughman Boggs Bowen of Randolph Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Collins Cox Culpepper Dickey Doster Duncan of Fannin Dunn Fitzgerald Flexer Fordham Funk Hall of Floyd Harrell Henderson Hill Horton Hull Hurst Johnson Joiner Jones of Lumpkin Jordan

Keadle Killian Killingsworth Kimmons King Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lokey Lovett Lowrey Mackay Matthews of Clarke McCracken McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Moss Murphy NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Farmer Pelham Phillips of Columbia Phillips of Walton

Phillips of Bibb Poole Potts Rainey Roberts Rodgers of Charlton Roper Ross Scarborough Scoggin Shunian Simmons Simpson Smith of Grady Smith of Habersham Smith of Whitfield Steis Tabb Tamplin Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Ware Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Wilson Young

Those not voting were Messrs. :

Adams Andrews of Stephens Andrews of Hall Barnett of Wilkes Birdsong
Black Blalock Bolton Bowen of Toonibs
Bozeman Branch Bynuni Chandler
Cocke

Coker Conner Crawford
Crowe Davis Deen Dicus Dollar Dorminy Duncan of Carroll
Echols Fleming Floyd Flynt

Fowler of Douglas Fowler of Treutlen
Fuqua Greene Hale Hall of Lee
Hodges Howard Jones of Liberty
Jones of Worth Jones of Suniter Kelly Keyton Kidd

THURSDAY, FEBRUARY 1, 1962

953

Kirkland Lewis of Burke Logging Massee Matthews of Colquitt McClelland McDonald Morgan Morris Mullis Newton Pannell Parker of Appling Payton

Pickard Purcell Raulerson Rogers of Paulding Rowland Rutland Sangster Sheffield Sinclair Singer Smith of Brantley Smith of Pulton Stevens Story

Strickland Stuckey Taylor of Dawson Taylor of Decatur Thornton Waldrop Walker of Telfair Watson Wickham Wilkes Williams of Hall Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 121, nays 0.

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

HR 420-875. By Messrs. Bowen of Randolph, Hurst of Quitman, Williams of Hall, Andrews of Hall, Andrews of Stephens, and Farmer of Heard:
A RESOLUTION
Proposing an amendment to the Constitution, so as to disqualify a write-in vote candidate unless he announced his intention or candidacy ten (10) or more days prior to the election; to provide the method of announcing his candidacy; to authorize the General Assembly to enact other regulations pertaining to holding public office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article II, Section IV, of the Constitution, relating to persons dis qualified to hold office is hereby amended by adding a new paragraph at the end thereof, to read:
"No person elected on a write-in vote shall be eligible to hold office unless notice of his intention or candidacy was given ten (10) 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 elec tion, to the Secretary of State and by publication in a paper of general circulation in the state; in a general election of county officers, to the Ordinary of the County in which he is to be a can didate 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

954

JOURNAL OF THE HOUSE,

holding the election. The General Assembly may enact other rea sonable regulations and require compliance therewith as a condition of eligibility to hold office in this State."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to disqualify write-in candidates unless they have given notice of candidacy ten (10) days prior to election and to authorize the Gen eral Assembly to enact other regulations.

"Against ratification of amendment to the Constitution so as to disqualify write-in candidates unless they have given notice of candidacy ten (10) days prior to election and to authorize the Gen eral Assembly to enact other regulations."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber

Barnett of Baker Barrett Baughman Boggs Bolton Bowen of Randolph Bowen of Toombs

Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown

THURSDAY, FEBRUARY 1, 1962

955

Budd Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Cox Davis Been Dickey Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Funk Hale Hall of Lee Harrell Henderson Hill Horton Howard Hull Hurst Johnson Joiner Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Killian Killings-worth

King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lev/is of Burke Loggins Lokey Lovett Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Moss Mullis Murphy Ne Smith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Bibb Pickard Poole Potts

Rainey Raulerson Roberts Rodgers of Charlton Roper Ross Rowland Sangster Scarborough Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Teague Todd Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wickham Williams of Coffee Williams of Hall
Wilson Young

Those voting in the negative were Messrs.:

Culpepper

Smith of Habersham

Those not voting were Messrs.:

Adams Barnett of Wilkes Birdsong Black Blalock

Branch Chandler Cocke Crawford Crowe

Dicus Dorminy Duncan of Carroll Floyd Fowler of Douglas

956

JOURNAL OP THE HOUSE,

Fowler of Treutlen Fuqua Greene Hall of Floyd Hodges Jones of Liberty Jones of Worth
Keyton Kidd Kimmons Lowrey Mackay Massee

Matthews of Clarke McDonald Morris Payton Phillips of Columbia Phillips of Walton Purcell
Rogers of Paulding Rutland Scoggin Sheffield Shuman Smith of Whitfield

Taylor of Dawson Taylor of Decatur Thornton Tucker Underwood of
Montgomery White
Wilkes Willingham . Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 152, nays 2.

The Resolution, having received the requistite two-thirds constitutional majority, was adopted.

The House was recessed until 2:00 p.m. due to the attendance of the House at a performance of the Atlanta Symphony Orchestra.

AFTERNOON SESSION
The House was called to order by the Speaker.
Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 830. By Mr. Vaughn of Rockdale: A Bill to be entitled an Act to amend an Act concerning notaries public who are stockholders, directors or employees of banks or other corpora tions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passages of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 1, 1962

957

HB 941. By Messrs. Twitty of Mitchell and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to duties of Super visor of Purchases, so as to remove requirement that Supervisor of Purchases do procure fidelity bonds covering State employees; and for other purposes.

The following amendment was read and adopted:
Messrs. Twitty of Mitchell and Underwood of Montgomery move to amend House Bill No. 941, as follows:
By inserting the following words after the word "all" and before the word "fidelity" in line 3 of Section 2:
"schedule or blanket"
so that said Section, as amended, shall read as follows:
SECTION 2
It shall be the duty of each department head to purchase fidelity bonds covering State employees, and it shall be the duty of each such department head to obtain at least three competitive bids on all schedule or blanket fidelity bonds purchased covering State employees required by law or administrative directive to be bonded.

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, as amended, the ayes were 116, nays 0.

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

HB 785. Mr.Vaughn of Rockdale:
A Bill to be entitled an Act to provide the method of confinement of minors; and for other purposes.

Mr. Floyd of Chattooga asked unanimous consent that HB 785 be postponed until Monday, February 5, 1962, and the consent was granted.

HB 785 was postponed until Monday, February 5, 1962.

958

JOURNAL OF THE HOUSE,

HB 928. Messrs. Abney of Walker, Busbee of Dougherty, Hale of Dade, and others:
A Bill to be entitled an Act to amend Code Section 76-201 relating to the issuance of warrants and requirements of bonds to keep the peace, so as to require advance costs to be paid by any person requesting the issuance of a warrant; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 1.

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

HB 723. By Messrs. McCutchen of Gilmer, Branch of Tift, and others:
A Bill to be entitled an Act to authorize the fixing of a reasonable qualification fee for candidates in the general election for certain county officers, and members of the General Assembly; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to authorize the fixing of a reasonable quali fication fee for candidates in the general election for certain county officers and members of the General Assembly; to provide for the dis position of such fees; to provide for the procedure connected therewith; to provide for an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
The governing authority of each County is hereby authorized to prescribe a reasonable qualification fee for each candidate in the gen eral election for the offices of Clerk of the Superior Court, Sheriff, Ordinary, Tax Commissioner, Tax Collector, Tax Receiver, County Com missioner, County School Superintendent, member of County Board of Education, Coroner, Treasurer, Surveyor, and for membership in the General Assembly. All such fees prescribed shall be fixed by the gov erning authority of the County at least six months prior to the general election for which such fees shall apply. All such fees shall be paid to the Ordinary of the County at the time any such candidate qualifies and the Ordinary shall keep accurate written records thereof. All such

THURSDAY, FEBRUARY 1, 1962

959

fees shall be paid by the Ordinary to the governing authority of the County for the use of the County and such fees shall be used to help defray the cost of holding such elections. In the event a candidate for any of the above offices is nominated in a regularly conducted political party primary and is the only candidate for such office in the general election, he shall not be required to pay any such qualification fee and any such fee paid by him prior to the time it is determined that he is the only candidate shall be returned to him by the Ordinary.

SECTION 2

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

The following amendment to the Committee substitute was read and adopted:
Messrs. Raulerson of Echols and Smith of Brantley move to amend the Committee substitute to HB 723 as follows:
By adding at the end of Section 1.
"No candidate that was nominated in a primary shall be re quired to pay a fee in the General Eelection."

The Committee substitute as amended was adopted.

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

On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins
Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes
Barnett of Baker Barrett Baughman
Birdsong Black Bolton

Bowen of Randolph Bowen of Toombs
Bozeman Branch
Brantley Brooks of Oglethorpe Brooks of Pulton
Brown Busbee Bynum
Caldwell Chance Chandler

Clark of Catoosa Clarke of Monroe
Cocke Collins
Cox Davis Been
Dickey Duncan of Fannin Duncan of Carroll
Dunn Fitzgerald Fleming

960

JOURNAL OP THE HOUSE,

Ployd
Pordham Fowler of Douglas Funk Greene Hale
Hall of Floyd Harrell Henderson Hill
Hodges Horton Hurst Johnson Joiner Jones of Lumpkin
Keadle Kelly
Killian Kirkland Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson
Lewis of Burke Loggins
Lokey Lovett Lowrey Mackay Massee

Matthews of Clarke Matthews of Colquitt
McCutchen McGarity Melton Milhollin Miller
Mixon
Moate Morgan Morris Moss Mullis NeSmith
Newton Odom Otwell Pannell
Paris Parker of Screven Parker of Ware Parker of Appling Farmer
Payton Poole Potts Purcell Rainey
Raulerson Roberts Ross Rowland Rutland

(gangster Scarborough Scoggin Simmons Sinclair
Smith of Habersham Smith of Fulton
Smith of Whitfield Steis Stevens
Story Strickland Taylor of Bibb
Teague Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Walker of Telfair Ware Watson
Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward
Young

Those voting in the negative were Messrs.:

Culpepper Moore

Murphy Shuman

Smith of Habersham

Those not voting were Messrs.:

Adams Andrews of Stephens Blalock
Boggs Boyett Brackin Budd Cloer Coker Conner Crawford Crowe Dicus Dollar Dorminy

Doster Echols Flexer Fowler of Treutlen
Fuqua Hall of Lee Howard Hull
Jones of Liberty Jones of Worth Jones of Sumter Jordan Keyton
Kidd Killingsworth

Kimmons
King Knight of Berrien McClelland
McCracken McDonald
Moorman Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Rodgers of Charlton Rogers of Paulding
Roper

THURSDAY, FEBRUARY 1, 1962

961

Sheffield Simpson Singer Smith of Grady
Stuckey Tabb Tamplin

Taylor of Dawson Taylor of Decatur Thornton Tucker
Vaughn Waldrop Walker of Lowndes

Wells of Peach Wells of Camden Wickham Williams of Hall Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 5.

The Bill, having received the requisite constitutional majority, was passed by substitute, as amended.

Under the General Order of Business, established by the Committee on Rules, the following Bills and Resolution of the House were again taken up:

HR 187-599. By Messrs. Smith of Emanuel and Caldwell of Upson:
A Resolution to authorize the State Revenue Commissioner, in the registration of motor and other vehicles, to furnish a license plate of such quality as will last for more than one year, and annually thereafter, to issue a metal strip or disc or other similar indicia, to be affixed there to and show the annual registration, and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 793. By Messrs. Lee of Clinch, Raulerson of Echols, and others: A Bill to be entitled an Act to amend Code Section 40-1805, relating to the duties and powers of the State Auditor, so as to provide that the State Auditor shall send a copy of the annual financial report to each clerk of the superior court, and for other purposes.
The following amendment was read and adopted:
Mr. Lee of Clinch moves to amend HB 793 as follows:

962

JOURNAL OF THE HOUSE,

"By inserting in the title the word "consolidated" after the words "Auditor shall send a copy of the"; and

"By inserting in Section I, subsection (d), the word "consoli dated" after the ward "Auditor to send a copy of each such".

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, as amended, the call of the roll was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins
Andrews of Hall Arnsdorff Ballard
Barber Baughman Birdsong Bolton Bowen of Toombs Branch Brantley Brooks of Funton Chance Clark of Catoosa Cocke Collins Cox
Culpepper Dickey Dicus Fitzgerald Fleming Floyd Flynt

Fordham Fowler of Douglas Funk Hale Henderson Joiner Jones of Lumpkin Jones of Worth Kidd Kirkland Knight of Berrien Lee of Clayton Lee of Clinch Loggins Lokey Lovett Mackay Melton Morris Mullis Murphy Otwell Paris Parker of Appling
Parker of Ware

Those voting in the negative were Messrs.:

Andrews of Stephens Barnett of Baker Barrett
Black Bowen of Randolph
Bozeman Brown Busbee Bynum

Caldwell Clarke of Monroe Coker Conner Davis Deen Dorminy Duncan of Carroll Duncan of Fannin

Pickard Raulerson Rowland Rutland Scoggin Shuman Sinclair Smith of Fulton Smith of Habersham Taylor of Bibb Teague Twitty Underwood of
Montgomery Vaughn Walker of Telfair Wells of Peach White Wickham Wilkes Willingham Wilson Woodward Young
Dunn Echols Flexer Hall of Floyd Harrell Hurst Keadle Kelly Killingsworth

THURSDAY, FEBRUARY 1, 1962

963

Lane Langford Lewis of Burke Lewis of Wilkinson Lowrey Matthews of Clarke Matthews of Colquitt McCutchen Milholliin Mixon Moate Moore Moss

NeSmith Odom Farmer
Payton Pelham Phillips of Bibb
Poole Potts Purcell Rainey Ross Scarborough Simmons

Simpson

Smith of Brantley

Smith of Whitfield

Steis

Stevens

:

Story

i

Todd

Undercofler

Underwood of Taylor

Watson

Wells of Oconee

Williams of Coffee

Those not voting were Messrs.:

Adams Barnett of Wilkes Blalock
Boggs Boyett Brackin Brooks of Oglethorpe
Budd Chandler Cloer Crawford
Crowe Dollar
Doster Fowler of Treutlen Fuqua Greene
Hall of Lee Hill
Hodges Horton Howard

Hull Johnson Jones of Liberty Jones of Sumpter Jordan Keyton Killian Kimmons King Knight of Laurens Massee McClelland
McCracken McDonald McGarity Miller Moorman Morgan Newton Pannell
Parker of Screven Phillips of Columbia

Phillips of Walton Roberts Rodgers of Charlton Rogers of Paulding
Roper Sangster Sheffield Singer Smith of Grady Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Decatur Thornton Tucker Waldrop Walker of Lowndes Ware Wells of Camden Williams of Hall

On the passage of the Bill, as amended, the ayes were 73, nays 65.

The Bill, having failed to receive the requisite constitutional majority, was lost.

HB 629. By Messrs. Melton and Bolton of Spaulding:
A Bill to be entitled an Act to amend Code Section 30-123, relating to the relief of disabilities, so as to provide that the notice of application to remove disabilities shall be published once a week for four weeks within a sixty day period preceeding the term of court to which the marital disabilities are removed, and for other purposes.

964

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

Mr. Twitty of Mitchell moved that the House do now adjourn until tomor row morning at 10:00 o'clock a.m. and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock a.m.

FRIDAY, FEBRUARY 2, 1962

965

Representative Hall, Atlanta, Georgia Friday, February 2, 1962.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Representative George T. Smith, Moderator, Grady County Baptist Association, and Chairman of the Board of Deacons, First Baptist Church of Cairo, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 290. By Messrs. Thornton and Phillips of Bibb:
A Bill to be entitled an Act to amend an Act relating to the liability of insurers for damages and attorney's fees arising out of bad faith, so as to provide for the fixing of attorney's fees by the trial jury; and for other purposes.

966

JOURNAL OP THE HOUSE,

Mr. Thornton of Bibb moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 104, nays 3.

The Senate amendment to HB 290 was agreed to.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1050. By Mr. Jones of Worth:
A Bill to be entitled an Act so as to provide that no automobile liability insurance policy shall be issued unless coverage is provided therein for the protection of the insured against an uninsured vehicle; and for other purposes.
Referred to the Committee on Insurance.

HB 1051. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act providing that failure to relinquish a telephone party line in cases of emergency is a misdemeanor, so as to provide for the application of said Act to any telephone line; and for other purposes.
Referred to the Committee on Industry.

HB 1052. By Messrs. Kirkland of Tattnall, Morgan of Gwinnett and Cox of Clarke:
A Bill to be entitled an Act to provide for certain changes in and additions to the provisions of the Employees' Retirement System of Georgia, so as to change the number of years within which regular quarterly payments cause amortization on the total amount of an em ployer's contributions relating to the inclusion of the employees of the State Dept. of Corrections in the Employees' Retirement System; and for other purposes.
Referred to the Committee on State of Republic.

HB 1053. By Mr. Bracken of Seminole:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Donalsonville; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 2, 1962

967

HB 1054. By Messrs. Kimmons of Pierce, Milhollin and Williams of Coffee, Deen of Bacon and Parker of Ware:
A Bill to be entitled an Act to repeal an Act providing a supplement to the compensation of the Judge of the Superior Courts of the Waycross Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1055. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1056. By Messrs. Henderson of Atkinson, Knight of Berrien, Lee of Clinch, Wilkes of Cook and Moorman of Lanier:

A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Court of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.

Referred to the Committee on Local Affairs.



HB 1057. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hinesville, so as to empower the City of Hinesville, through its govern ing body, to grant franchises, licenses, easements and rights of way in the public streets, etc.; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1058. By Mr. Wickham of Muscogee:
A Bill to be entitled an Act creating the Department of Commerce, so as to create a Board of Commissioners of the Department of Commerce; and for other purposes.
Referred to the Committee on Industry.

HB 1059. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act defining the powers and duties of the State Auditor, so as to provide that tha State Auditor shall furnish the Attorney General with certain reports; and for other purposes.
Referred to the Committee on State of Republic.

968

JOURNAL OF THE HOUSE,

HB 1060. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act which incorporated and granted a new Charter to the City of Covington; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1061. By Messrs. Pannell of Murray, McGarity of Henry, Scarborough of Crawford, Moorman of Lanier, Otwell of Forsyth and others:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Clerks of the Superior Courts of Georgia, so as to change the amounts to be paid into the fund; and for otKer purposes.
Referred to the Committee on State of Republic.

HB 1062. By Messrs. Scarborough of Crawford, Wells of Peach, Paris of Barrow:
A Bill to be entitled an Act to amend an Act relating to "Equitable Proceedings", so as to provide that foreclosures and sales under power shall be considered pending litigation; and for other purposes.
Referred to the Committee on Judiciary.

HB 1063. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend an Act relating to the process, notice, service and publication under proceedings to secure land regis tration; and for other purposes.
Referred to the Committee on Judiciary.

HB 1064. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act defining the term "dealer" as commonly applied in the Motor Fuel Tax Law; to provide that any department, agency or commission of the State Government purchasing aviation fuel shall be considered as a dealer; and for other purposes.
Referred to the Committee on Ways and Means:

HR 547-1064. By Mr. Wickham of Muscogee:
A Resolution proposing an amendment to the Constitution so as to create a Board of Commissioners of the Department of Commerce; and for other purposes.
Referred to the Committee on Industry:

HR 548-1064. By Mr. Taylor of Bibb:
A Resolution compensating Mr. Henry L. Bentley; and for other pur poses.
Referred to the Committee on Appropriations.

FRIDAY, FEBRUARY 2, 1962

969

HR 549-1064. By Mr. Taylor of Bibb:
A Resolution compensating Mr. John W. Douglas; and for other pur poses.
Referred to the Committee on Appropriations.

HB 1065. By Mr. Coker of Walker:
A Bill to be entitled an Act to provide that certain persons who are employed by elective county officers, other than by the governing au thority of the county, shall not be deemed to be employees for the pur poses of social security coverage; and for other purposes.
Referred to the Committee on State of Republic.

HR 550-1065. By Messrs. Moore and Adams of Polk:
A Resolution proposing an amendment to the Constitution so as to create the Cedartown Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1066. By Messrs. Fuqua of Richmond, Melton of Spalding and Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", so as to change the definition of the word "project", and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1067. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to make valid and binding all contracts, promissory notes or other instruments necessary to be executed in order to borrow money made and executed by persons between the ages of 18 years and 21 years to banks authorized to do business in the State of Georgia for the purpose of borrowing money for their own higher educational purposes.
Referred to the Committee on Banks and Banking.

HR 551-1067. By Messrs. Fuqua of Richmond, Melton of Spalding and Stuckey of Dodge:
A Resolution creating a Commission relative to the construction of a new Governor's Mansion; and for other purposes.
Referred to the Committee on State Institutions and Property.

970

JOURNAL OF THE HOUSE,

HB 1068. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act, so as to appropriate funds for an increase in the salaries of school teachers and school bus drivers; and for other pur poses.
Referred to the Committee on Appropriations.

HB 1069. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to reduce the deposit of security in cases of injury; and for other purposes.
Referred to the Committee on Insurance.

HB 1070. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1071. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act relating to the duties of the Clerks of Superior Courts and Clerks of City Courts, so as to authorize Clerks of the Superior Court, from time to time, destroy certain books; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1072. By Mr. Dickey of Chatham:
A Bill to be entitled an Act to provide for the establishment of fire protection districts in Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 558-1072. By Mr. Smith of Emanuel: A Resolution relative to the "Mansion Sites Commission"; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 559-1072. By Mr. White of Mclntosh: A Resolution proposing an amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said City; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 2, 1962

971

HB 1073. By Mr. Been of Bacon:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Alma; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1074. By Messrs. Hall of Floyd and Moore of Polk:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, so as to provide that State con tributed foundation program funds shall not exceed the sum biennially appropriated by the General Assembly; and for other purposes.
Referred to the Committee on Education.

HB 1075. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act providing for the holding of four terms each year of Berrien Superior Court, so as to provide for a change in the date of holding certain terms of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1076. By Messrs. Phillips, Thornton and Taylor of Bibbs:
A Bill to be entitled an Act to provide a minimum wage scale for per sonnel of the fire departments of certain counties and cities; and for other purposes.
Referred to the Committee on State of Republic,

HB 1077. By Messrs. Otwell of Forsyth, Chance of Twiggs, Andrews of Hall, McCutchen of Gilmer and others:
A Bill to be entitled an Act to fix the situs of motorboats for the pur pose of ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1078. By Messrs. Strickland of Evans and Brantley of Chandler:
A Bill to be entitled an Act to amend an Act known as the "Liquified Petroleum Safety Act, so as to provide that the Act shall be administered by the State Revenue Commissioner; to provide for mandatory regu lations governing the calibration of tank trucks, meters, containers and other measures used in dispensing gas; and for other purposes.
Referred to the Committee on Industry.

972

JOURNAL OF THE HOUSE,

HB 1079. By Messrs. Strickland of Evans and Brantley of Candler:
A Bill to be entitled an Act to amend an Act relating to the measurement of petroleum products, so as to provide that it shall be mandatory that the State Revenue Commissioner prescribe regulations governing the calibration of devices used in dispensing petroleum products; and for other purposes.
Referred to the Committee on State of Republic.

HB 1080. By Messrs. Bolton of Spalding, Steis of Harris, Lowrey of Floyd, Brantley of Candler, Killian of Glynn, Payton of Coweta and Potts of Coweta:
A Bill to be entitled an Act to grant to the incorporated municipalities of this State certain common powers -- the authority to regulate and control municipal elections; the granting of franchises for the use of their streets; local taxation; to operate water and sewer systems; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1081. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide an alternative method for annex ing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 10% of the property owners in the affected area; and for other purposes.
Referred to the Committee on Special Judiciary

HB 1082. By Messrs. Chandler and Kidd of Baldwin, and Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act establishing a Merit System of Personnel Administration, so as to provide certain compensation for re-instated personnel; and for other purposes.
Referred to the Committee on State of Republic.

HR 561-1082. By Messrs. Parker of Ware, Lane of Bulloch, Parker of Screven, Kimmons of Pierce, Flexer of Glynn, Paris of Barrow and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that all sheriffs shall be paid a salary in lieu of fees; and for other purposes.
Referred to the Committee on State of Republic.

HB 1083. By Messrs. Storey and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Lawrenceville; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 2, 1962

973

HB 1084 By Messrs. Brooks and Smith of Fulton:
A Bill to be entitled an Act to fix the salary of judges of juvenile courts in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1006. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to abolish the office of County Treasurer of the County of Laurens; and for other purposes.

HB 1007. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Americus; and for other purposes.

HB 1008. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, relating to drivers licenses; and for other purposes.

HB 1009. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act creating a Board of Educa tion of the State, so as to provide the State Board of Education with the authority to create as part of the regular curriculum of the public secondary schools of the State a driver education program; and for other purposes.

HB 1010. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Watkinsville; and for other purposes

HB 1011. By Messrs. Hall of Floyd, Twitty of Mitchell, Smith of Emanuel, Cox of Clarke and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, relating to determination of the amount of funds needed by a local unit to pay teachers' salaries; and for other purposes.

974

JOURNAL OF THE HOUSE,

HB 1012. By Messrs. Moore and Adams of Polk:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in and for the County of Polk, so as to increase the number of Commissioners and establish Districts; and for other purposes.

HB 1013. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Eastman; to define the corporate limits; and for other purposes.

HB 1014. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to provide for four terms of the Superior Court of Dodge County; and for other purposes.

HB 1015. By Mr. Culpepper of Talbot:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Talbot County; and for other purposes.

HB 1016 By Mr. Lewis of Wilkinson: A Bill to be entitled an Act to amend an Act creating the Charter of the City of Gordon, so as to extend the city limits; and for other pur poses.
HB 1017. By Messrs. Brooks of Pulton and McCracken of Jefferson: A Bill to be entitled an Act to provide that the manufacturer of any new personal property sold either directly to the ultimate consumer, or sold through a dealer, or some other person, shall be deemed to impart certain implied warranties to said ultimate consumer; and for other purposes.
HB 1018. By Messrs. Barnett of Wilkes, Williams of Hall, Phillips of Bibb, Matthews of Clarke, Shuman of Bryan and Simpson of Wheeler: A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to make it unlawful to sell mufflers which cause excessive noise; and for other purposes.
HB 1019. By Mr. Rogers of Paulding: A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenue for Paulding County; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

975

HB 1020. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to abolish the office of County Treasurer of Paulding County; and for other purposes.

HB 1021. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County; and for other purposes

HB 1022. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Coroner of Paulding County; and for other purposes.

HB 1023. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to provide for the appointment of a County Depository for Paulding County; and for other purposes.

HB 1024. By Mr. Boggs of Madison:
A Bill to be entitled an Act to amend an Act to incorporate the City of Ha, in Madison County; and for other purposes.

HR 529-1024. By Mr. Undercofler of Sumter:
A Resolution to create a Joint Committee to study the possibilities of expanding the University System of this State; and for other purposes.

HR 530-1024. By Mr. Wells of Oconee:
A Resolution proposing an amendment to the Constitution so as to create the Oconee County Industrial Development Authority; and for other purposes

HR 531-1024. By Mr. Purcell of Franklin:
A Resolution proposing an amendment to the Constitution so as to create the Franklin County Industrial Building Authority; and for other purposes.

HR 532-1024. By Mr. Andrews of Stephens:
A Resolution proposing an amendment to the Constitution so as to create the Stevens County Development Authority; and for other purposes.

976

JOURNAL OF THE HOUSE,

HR 533-1024. By Mr. Johnson of Jenkins:
A Resolution proposing an amendment to the Constitution so as to create the Jenkins County Development Authority; and for other purposes.

HR 534-1024. By Messrs. Moore of Polk and Hall of Floyd:
A Resolution proposing an amendment to tha Constitution so as to authorize the General Assembly to create and establish Districts in the several counties in this State from which the members of the County Board of Education shall be elected; and for other purposes.

HB 1025. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating the AlbanyDougherty Payroll Development Authority; and for other purposes.

HB 1026 By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new Charter for the City of Albany, so as to change the corporate limits; and for other purposes.

HB 1027. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Albany; and for other purposes.

HB 1028. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court and the Ordinary of Dougherty on a salary basis; and for other purposes.

HB 1029. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Albany, so as to change the limit of ad valorem taxes; and for other purposes.

HB 1030. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

977

HB 1031. By Messrs. Melton and Bolton of Spalding:
A Bill to be entitled an Act to abolish the present mode of compensations of the Coroner of Spalding County; and for other purposes.

HB 1032 By Mr. Lokey of McDuffie:
A Bill to be entitled an Act to create the Thomson and McDuffie County Industrial Development Authority; and for other purposes.

HR 535-1032. By Mr. Lokey of McDuffie: A Resolution proposing an amendment to the Constitution so as to create the Thomson and McDuffie County Development Authority; and for other purposes.
HB 1033. By Mr. Doster of Wilcox: A Bill to be entitled an Act to grant a new Charter to the City of Rochelle; and for other purposes.
HB 1034. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act relating to the authority of county boards of education over school property and facilities so as to provide that county boards may transfer school sites located in municipalities under certain circumstances; and for other purposes.
HR 536-1034. By Mr. Kirkland of Tattnall: A Resolution to rename Reidsville State Park, so that hereafter said Park shall be known as Gordonia Alatamaha State Park; and for other purposes.

HR 537-1034. By Messrs. Pickard, Wickham and Dicus of Muscogee: A Resolution proposing an amendment to the Constitution so as to authorize Muscogee County to issue certain revenue anticipation obliga tions known as revenue bonds; and for other purposes.
HB 1035. By Mr. Smith of Fulton: A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees; and for other purposes.
HB 1036. By Messrs. Dicus, Wickham and Pickard of Muscogee: A Bill to be entitled an Act to provide for the examination of master and journeyman plumbers and steamfitters carrying on said vocation in certain counties; and for other purposes.

978

JOURNAL OF THE HOUSE,

HB 1037. By Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act which defines the crime of abandonment of a child and provides the punishment therefor, so as to provide that people convicted for the violation of the provisions of said Act shall be confined in a county jail, works camp or other place; and for other purposes.

HB 1038. By Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act which defines vagrancy; and for other purposes.

HB 1039. By Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act which provides for the penalty for violations of Chapters 68-1 and 68-4 relating to prisoners and county work camps; and for other purposes.

HB 1040. By Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act which defines the crime of drunkenness in public places; and for other purposes.

HR 539-1040. By Messrs. Funk, Crawford and Dickey of Chatham: A Resolution proposing an amendment to the Constitution so as to remove the provision stating that public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution; and for other purposes.
HR 540-1040. By Messrs. Milhollin and Williams of Coffee: A Resolution proposing an amendment to the Constitution so as to create the Coffee County Recreational Authority; and for other purposes.
HR 541-1040. By Messrs. Crawford and Funk of Chatham: A Resolution proposing an amendment to the Constitution so as to provide for 15 members of the Savannah District Authority; and for other purposes.
HB 1041. By Messrs. Phillips, Taylor and Thornton of Bibb: A Bill to be entitled an Act to amend an Act to re-enact the charter of the City of Macon, so as to confirm the action of the mayor and council in closing a portion of the Alley in Square 77 in the old City of Macon; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

979

HB 1042. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Macon;

HB 1043. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Recorders Court of the City of Macon; and for other purposes.

HB 1044. By Messrs. Thornton, Taylor and Phillips of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon, so as to extend the corporate limits of said city; and for other purposes.

HB 1045. By Messrs. Thornton, Phillips and Taylor of Bibb: A Bill to be entitled an Act to amend the Charter of the City of Macon, relating to insurance for employees of the City of Macon; and for other purposes.
HB 1046. By Messrs. Thornton, Taylor and Phillips of Bibb: A Bill to be entitled an Act to amend an Act re-enacting the Charter of the City of Macon, so as to change the date for Macon Tax returns; and for other purposes.
HB 1047. By Messrs. Thornton, Phillips and Taylor of Bibb: A Bill to be entitled an Act to amend an Act re-enacting the Charter of the City of Macon, relating to polling places; and for other purposes.
HB 1048. By Messrs. Thornton, Phillips and Taylor of Bibb: A Bill to be entitled an Act to amend an Act to establish a county Board of Commissioners for the County of Bibb; and for other purposes.
HB 1049. By Messrs. Phillips, Taylor and Thornton of Bibb: A Bill to be entitled an Act to create a public body corporate and politic, as an instrumentality of the County of Bibb and the City of Macon, and to be known as the Macon-Bibb County Industrial Authority; and for other purposes.
HR 542-1049. By Messrs. Thornton, Phillips and Taylor of Bibb: A Resolution proposing an amendment to the Constitution so as to per mit the governing authorities of the County of Bibb and of the City of Macon to make certain appropriations through the Macon-Bibb County Industrial Authority so as to encourage the location of industrial facili ties ; and for other purposes.

980

JOURNAL OP THE HOUSE,

HR 543-1049. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Resolution proposing- an amendment to the Constitution so as to au thorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets and related installations, both within and with out the corporate limits; and for other purposes.

HR 544-1049. By Mr. Parker of Ware:
A Resolution creating a Committee to study problems of Youth; and for other purposes.

HR 545-1049. By Messrs. Barber of Jackson and Williams of Hall:
A Resolution authorizing the transfer of certain real property located in Hall County; and for other purposes.

HR 546-1049. By Messrs. Barber of Jackson and Williams of Hall:
A Resolution authorizing the transfer of certain real property located in Hall County; and for other purposes.

SB 199. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Section 29-301 of the Code relat ing to covenants running with the land, as amended, so as to provide that covenants restricting lands to certain uses shall not run more than twenty (20) years in counties and municipalities which have a Planning Commission or Planning Laws; and for other purposes.
SB 202. By Senator Overby of the 3rd:
A Bill to be entitled an Act to amend an Act approved February 3, 1949, establishing an employees' retirement system, so as to modify means and procedure thereof for members to secure Social Security coverage; and for other purposes.
SB 211. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act providing for physical examinations for prospective employees of the State, so as to provide that the applicant shall pay the cost of an examination performed by a physician of the applicant's notice; and for other purposes.
SB 212. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act relating to the health insurance plan for State Employees approved March 16, 1961, so as to authorize members of the General Assembly to participate in such plan; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

981

SB 221. By Senator Staples of the 37th:
A Bill to be entitled an Act to provide for the manner of selecting judges emeritus, their pay, duties, and term of service; and for other purposes.

SB 230. By Senators Owens of the 32nd and Overby of the 33rd:
A Bill to be entitled an Act to create the Lake Lanier Islands Develop ment Authority; and for other purposes.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, February 2, 1962, and submits the following:

1. HB

99. State Officials, mileage

2. HB 126. Minimum Foundation, expend funds (p.p.)

3. HR 110-291. Compensate Wanda Jones

4. HB 389. Housing Authorities, bonds

5. HB 442. Tobacco Board

6. HR 192-599. Compensate James Wood

7. HR 212-642. Compensate Hall & Sons

8. HR 287-704. Compensate Fred Dial

9. HB 724. Workmen's Compensation, amend

10. HR 348-735. Compensate R. F. Packard

11. HR 347-735. Compensate Henry Pendley

12. HR 363-763. Revenue Anticipation Certificates

13. HR 364-763. Revenue Bonds

14. HB 784. Tax equalization, loan

15. HB 785. Confinement of minors, (p.p.)

16. HB 800. False wholesale advertising

17. HB 810. Income from estate

18. HR 402-822. Compensate Melvin Hubbard

19. HR 406-831. Felony, maximum sentence

20. HB 837. Banking laws, amend

21. HB 839. Building and loan act

22. HB 840. Loan Commissioner, Secretary of State

982

JOURNAL OF THE HOUSE,

23. HB 861. Motor Common Carriers, define 24. HB 862. Motor Contract Carriers, define 25. HB 882. Motor Title Act, amend 26. HB 883. Title Act, appropriation (p.p.) 27. HB 917. Labor organization, certain charges 28. HR 459-922. Municipal Study Committee 29. HB 933. Certain language over telephone, prohibit 30. HB 945. Illegal use of telephone 31. HB 494-968. Transfer land, Sumter County 32. HB 973. Lieutenant Governor, compensation 33. HR 503-981. Convey land, Cook County 34. HB 986. Fertilizer Act, amend 35. HB 1003. Dealers in Agricultural products 36. HB 891. Recording of maps or plats 37. SB 151. Holding bar examinations 38. SB 152. Return of bond 39. SB 170. Absentee vote by military 40. SB 213. Veterinary medicine, amend

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
/s/ Twitty of Mitchell, Vice-Chairman
/s/ Undercofler of Sumter, Secretary

Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 946. Do Pass, by Substitute. Respectfully submitted, Fowler of Douglas, Chairman.

FRIDAY, FEBRUARY 2, 1962

983

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 738. Do Pass.
HE 509-981. Do Pass.
HR 353-741. Do Pass.
Respectfully submitted,
Hall of Floyd,
Chairman.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 12. Do Pass. Respectfully submitted, Barber of Jackson, Chairman

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB

976. Do Pass.

HB

977. Do Pass.

HB

979. Do Pass.

HB

980. Do Pass.

HB

981. Do Pass.

984

JOURNAL OF THE HOUSE,

HB

982. Do Pass.

HB

984. Do Pass.

HB

985. Do Pass.

HB

987. Do Pass.

HB

989. Do Pass.

HB

992. Do Pass.

HB

993. Do Pass.

HB

994. Do Pass

HB

995. Do Pass.

HB 1000. Do Pass. HB 1004. Do Pass. HB 1005. Do Pass. HR 502-981. Do Pass. HR 506-981. Do Pass. HR 512-985. Do Pass. HR 513-989. Do Pass.

HR 515-989. Do Pass.

HR 516-995. Do Pass.

HR 528-1005. Do Pass.

SB

169. Do Pass.

SB

191. Do Pass.

Respectfully submitted,

Underwood of Montgomery, Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Re sources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 863. Do Pass.

FRIDAY, FEBRUARY 2, 1962

985

HB 896. Do Pass. HR 425-891. Do Pass.

Respectfully submitted, Barnett of Cherokee, Chairman.

Mr. Twitty of Mitchell County, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 212. Do Pass. HR 435. Do Pass, as Amended. HR 436. Do Pass, as Amended. HR 438. Do Pass, as Amended.
Respectfully submitted, Twitty of Mitchell, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommenda tions.
HR 470-935. Do Pass.
HR 536-1034. Do Pass.
HB 1037. Do Pass, as Amended.
HB 1038. Do Pass, as Amended.
HB 1039. Do Pass, by Substitute, as Amended.
HB 1040. Do Pass, as Amended.

986

JOURNAL OF THE HOUSE,

HR 545-1049. Do Pass. HR 546-1049. Do Pass.

Respectfully submitted, Cox of Clarke, Chairman.

Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 608. Do Pass. HB 893. Do Pass. HB 959. Do Pass, by Committee Substitute.
Respectfully submitted, Blalock of Clayton Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:

HR 349. By Mr. Hurst of Quitman: A Resolution to designate a State Highway as the S. Ernest Vandiver Causeway; and for other purposes.
HR 359. By Messrs. Pickard, Wickham and Dicus of Muscogee: A Resolution designating the new bridge over the Chattahoochee River at Columbus, Georgia as the "General James Edward Oglethorpe Bridge", and for other purposes.
HR 522. By Mr. Smith of Emanuel: A Resolution expressing appreciation to the Georgia Institute of Tech nology and officials thereof; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

987

HR 538. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A Resolution requesting the United States Congress to appropriate funds to begin construction of certain dams; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:

SR 133. By Senator Johnson of the 46th:
A Resolution expressing sympathy upon the passing of Judge Cecil M. Roddenberry; and for other purposes.

SB 181. By Senator Overby of the 33rd:
A Bill to amend an Act known as the "Statewide Probation Act", ap proved Feb. 8, 1956 (Ga. Laws 1956, p. 27), as amended, so as to change the compensation of the Director of Probation; and for other purposes.

SB 236. By Senators Jackson of the 24th, Mathews of the 48th and others:
A Bill to amend an Act creating the Department of Commerce approved Feb. 7, 1949 (Ga. Laws 1949, p. 249), as amended, so as to create the Department of Industry and Trade in lieu of and as successor to the Department of Commerce; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 290. By Messrs. Thornton and Phillips of Bibb:
A Bill to amend an Act relating to the liability of insurers for damages and attorney's fees arising out of bad faith, so as to provide for the fixing of attorney's fees by the trial jury; and for other purposes.

988

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority, the following Bills of the House to wit:

HB 274. By Mr. Dicus of Muscogee:
A Bill to amend Code Section 53-102, relating to the capacity of persons to contract for marriage, so as to raise the minimum ages of the male applicant for a marriage license to eighteen and of the female applicant to sixteen; to repeal conflicting laws; and for other purposes.

HB 881. By Messrs. Greene and Crowe of Bartow: A Bill to amend an Act creating a new charter for the City of Cartersville, so as to change the corporate limits of said City; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Commitees:
SB 181. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to change the compensation of the Director of Probation; and for other purposes.
Keferred to the Committee on State of Republic.
SB 236. By Senators Jackson of the 24th, Matthews of the 48th and others: A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to create the Department of Industry and Trade in lieu of and as successor to the Department of Commerce; and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following Bill of the House was again taken up for consideration:
HB 556. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act known as the "Used Car Dealers' Registration Act", so as to provide that said Act shall be appli cable in all counties having a population of not less than 14,500 nor more than 14,900; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

989

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 29. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act to effect a complete revi sion of the laws of this State relating to the qualifications and registra tion of voters, so as to provide a different method of selecting County Registrars in counties having a certain population; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 898. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Springfield shall not be affected by the provisions of Code Sections 92-4101 through 92-4104; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

990

JOURNAL OF THE HOUSE,

HB 925. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to change the time of holding Forsyth Superior Court, so as to provide that the November term will be held on the second Monday in November; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 951. By Mr. Ross of Lincoln: A Bill to be entitled an Act to amend an Act providing compensation for the Treasurer of Lincoln County, so as to change the compensation of the Treasurer of Lincoln County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 952. By Mr. Ross of Lincoln: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Lincoln County, so as to change the compensation of the Chairman of the Board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 2, 1962

991

HB 953. By Mr. Cocke of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 954. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act abolishing the Office of Tax Collector and Tax Receiver of Dade County and creating the Office of Tax Commissioner of Dade County, so as to provide additional funds for paying clerical employees of the Tax Commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 955. By Mr. Young of Turner: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Ashburn; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 957. By Mr. Joiner of Washington: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Tennille, so as to change the corporate limits of the City of Tennille; and for other purposes.

992

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Billj was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 960. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to provide for retirement of certain em ployees of Chattahoochee County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 963. By Mr. Phillips of Walton: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Monroe; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 962. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Thomaston, so as to proivde for the election of six (6) members of the council of the City of Thomaston, their terms of office, installation, duties, powers and authority; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

993

The following amendment was read and adopted:

Messrs. Caldwell and Echols of Upson move to amend HB 962 as follows:

'By changing Section 9 to read Section 8 and by changing Section 10 to read Section 9 so as that all Sections will be in nu merical order.'

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 964. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter for the municipal government for the City of Rome, by enlarging the present boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 965. By Messrs. Scoggin, Lowrey and Hall of Floyd: A Bill to be entitled an Act to amend the Act creating a new charter and municipal government for the City of Rome, authorizing the City of Rome to operate a public transportation system within the City of Rome and environs; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill,, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

994

JOURNAL OF THE HOUSE,

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

HB 966. By Mr. Moore of Polk:
A Bill to be entitled an Act to create a new charter for the City of Cedartown, so as to extend the corporate limits of said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 967. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 968. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, to change and extend the present corporate limits of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 2, 1962

995

HB 969. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for Glynn County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 216. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating the Chatham County Pension Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 218. By Senator Towson of the 16th: A Bill to be entitled an Act to amend an Act establishing the City Court of Dublin; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 219. By Senator Towson of the 16th: A Bill to be entitled an Act to repeal an Act providing the hours of holding elections in counties having a certain population; and for other purposes.

996

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1005. By Mr. Horton of Putnam:
A Bill to be entitled an Act to change from the fee system to the salary system in Putnam County the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Ordinary of such County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1004. By Mr. Horton of Putnam:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Putnam County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1000. By Messrs. Matthews and Cox of Clarke:
A Bill to be entitled an Act to amend the Charter of the Town of Athens, so as to authorize the Mayor and Council of the City of Athens to own and operate a public transportation system in the City of Athens; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

997

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 995. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 992. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to provide the terms of the Superior Court of Jeff Davis County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 994. By Messrs. Killian and Flexer of Glynn: A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to provide for an additional deputy; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

998

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 989. By Messrs. Smith, Brooks and McClelland of Fulton, and Mackay, Howard, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to powers to vacate and abandon streets; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 987. By Mr. Raulerson of Echols:
A Bill to be entitled an Act establishing a Board of Commissioners of Roads and Revenues of Echols County, so as to provide that the Clerk of the Commissioners shall be paid a salary of not more than one hundred dollars a month; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 985. By Messrs. Waldrop and Duncan of Carroll: A Bill to be entitled an Act to amend the Act creating and adopting a new charter for the Town of Temple, so as to change the name of said Town of Temple, to City of Temple; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 2, 1962

999

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 984. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Carroll County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

-

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

HB 982. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to provide that clerks of the superior court may use separate index books in counties having a certain population; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 981. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said City, so as to increase the corporate limits of said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1000

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 980. By Messrs. Dickey, Funk, and Crawford of Chatham:
A Bill to be entitled an Act creating the Charter of the town of Pooler so as to change the millage rate which may be levied by the Mayor and Alderman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 993. By Mr. Fitzgerald of Long:
A Bill to be entitled an Act to prescribe the rate of commission which the Tax Collector of Long County shall receive; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 979. By Messrs. Dickey, Funk and Crawford of Chatham: A Bill to be entitled an Act to amend an Act creating the Charter of the Town of Pooler, so as to change the corporate limits of said town; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

FRIDAY, FEBRUARY 2, 1962

1001

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

HB 976. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act creating the Town of Avera, so as to provide for a mayor and five councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 506-981. By Mr. Hall of Lee: A Resolution authorizing and directing the State Librarian to furnish certain State Law Books to the Ordinary of Lee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 191. By Senator Grayson of the 1st: A Bill to be entitled an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said town to the Town of Thunderbolt; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1002

JOURNAL OF THE HOUSE,

SB 169. By Senator Jackson of the 24th:
A Bill to be entitled an Act to authorize the County Commissioners or other governing authorities in certain counties to create Emeritus Offices for retiring department heads of said County government; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

Under the General Order of Business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 837. By Messrs. Hull and Fleming of Richmond and Barrett and Fuqua of Cherokee:
A Bill to be entitled an Act to amend the Banking Law of Georgia, so as to provide that in no event shall any such bank hold shares in Small Business Investment Companies in an amount aggregating more than two per cent of its capital and unimpaired surplus; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

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

HB 839. By Messrs. Fuqua of Richmond, McClelland of Fulton and others:
A Bill to be entitled an Act to regulate corporations and other persons doing business as building association, savings and loan associations, building and loan associations, which corporations and other persons are not Federal savings and loan associations and are not chartered pur suant to the Building and Loan Act; and for other purposes.

FRIDAY, FEBRUARY 2, 1962

1003

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 108, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 840. By Messrs. Hull and Fuqua of Richmond, McClelland of Fulton and others: A Bill to be entitled an Act to amend an Act known as the Building and Loan Act by providing that the Secretary of State shall be the Georgia Savings and Loan Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 99. By Messrs. Bolton and Melton of Spalding and McGarity of Henry: A Bill to be entitled an Act to amend Code Sections 40-2002 and 40-2003, relating to mileage allowance for State Officials and employees, and the furnishing of automobiles by officials and employees; and for other purposes.
The following amendments were read and adopted:
The State of Republic Committee moves to amend HB 99 as follows:
By striking the words "out of their own personal funds" where they appear in Section 2 of said Bill.
Mr. Pannell of Murray moves to amend HB 99 by adding at the end of Section 2 the following:
"Where passenger or other vehicles may be donated, or where the use of such vehicles may be donated to units of the University System for the more effective performance of their research or other duties, such unit is hereby authorized to take title and/or possession to such vehicles and to pay such costs as are reasonable and necessary for their maintenance, protection and operation."

1004

JOURNAL OP THE HOUSE,

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, as amended, the ayes were 121, nays 0.

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

HR 494-968. By Messrs. Jones and Undercofler of Sumter:
A Resolution authorizing the transfer of certain real property located in Americus, Sumter County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 104, nays 0.

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

Mr. Busbee of Dougherty asked unanimous consent that the following Bill of the House be withdrawn from the Committee on State of Republic and recom mitted to the Committee on Judiciary for further study.

HB 945. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of notice from a law enforcement officer that such facilities are used for illegal purposes; and for other purposes.

The consent was granted and HB 945 was recommitted to the Committee on Judiciary.

HR 503-981. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

FRIDAY, FEBRUARY 2, 1962

1005

On the adoption of the Resolution, the ayes were 103, nays 0.

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

HB 442. By Messrs. Lanier of Candler, Conner of Jeff Davis, and others: A Bill to be entitled an Act to authorize the organization of Tobacco Boards of Trade and to provide their membership, powers, duties and authority, etc., and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 986. By Messrs. Newton of Colquitt, Farmer of Heard and others:
A Bill to be entitled an Act to amend an Act known as the Georgia Fertilizer Act of 1960, so as to define "lot" as applies in determining plant nutrient deficiency and penalties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1003. By Messrs. Deen of Bacon and Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act providing licensing and Bonding dealers in agricultural products; and for other purposes.
The report of the Committee, which was fovorable to the passage of the Bill, was agreed to.

1006

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 891. By Messrs. Smith of Emanuel, Echols of Upson, and others:
A Bill to be entitled an Act to amend an Act regulating the preparation, contents and recording of maps or plats of survey of tracks or bodies ef land, so as to provide a change in certain words and figures in said Act, and for other purposes.
The following amendment was read and adopted:

Mr. Twitty of Mitchell moves to amend HB 891 by striking the figure 5000 in Section 4 and inserting in lieu thereof the figure 900.

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, as amended, the ayes were 109, nays 0.

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

HB 800. By Mr. McClelland of Pulton:
A Bill to be entitled an Act prohibiting false wholesale advertising and misrepresenting the true nature of business; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

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

Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up:

FRIDAY, FEBRUARY 2, 1962

1007

HB 389. By Mr. Barber of Jackson:
A Bill to be entitled an Act to validate and declare legal the creation and establishment of housing authorities, all bonds, contracts, agree ments, notes, obligations and undertakings of said housing authorities, and all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, and to declare said housing authorities bodies corporate and politic; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:
HR 569. By Messrs. Ross of Lincoln and Barrett of Wilkes:
A RESOLUTION
Establishing within Lincoln County the Capitol of the State of Georgia; and for other purposes.
WHEREAS, the State of Georgia with its ever expanding industry and population becomes each year more difficult to manage and legislate for; and
WHEREAS it is incumbent upon the General Assembly of this State to spend the small amount of time allotted to it in deliberating the alterations and changes which must be made in the laws of this State in order to insure the future progress of Georgia; and
WHEREAS, said deliberations should be, nay must be, unfettered by any outside distractions; and
WHEREAS, the administration of state government from day-to day must likewise be relieved of the pressure brought to bear by mi nority pressure groups and other outside influences; and
WHEREAS, the current location of the state capitol lends itself to a facile accessibility to those who would in the name and under the standard of radical ideals and principles unduly fetter and hinder the deliberations of the General Assembly and the day-to-day administra tion of the state government by state employees; and

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WHEREAS, this problem should be and can be resolved by the removal of the site of the state capitol to other locations in Georgia which are less populated; and

WHEREAS, such other locations, being less cosmopolitan, and not given so much to the concentration of minority groups within their geographical confines, do not lend themselves so easily to disruptive displays; and

WHEREAS, Lincoln County, Georgia is an area ideally suited to the efficient administration of the legislation by the state government;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that action be taken by this Body to remove the situs of the Capitol of Georgia from Fulton County, Georgia to the County of Lincoln.

HR 570. By Messrs. Bolton of Spalding, Hale of Dade, and Steis of Harris:
A RESOLUTION
To create a committee to work with the Department of Revenue in connection with the tax equalization and re-evaluation program pro vided for by the present session of the Georgia General Assembly.
WHEREAS, the studies and recommendations by previous interim committees over a number of years have resulted in the adoption of additional legislation at this Session of the General Assembly to provide a method for a tax equalization and re-evaluation program among the several counties of this State; and
WHEREAS, this legislation will undoubtedly create problems with in the Revenue Department charged with the responsibility of admin istering the program provided for in the above mentioned legislation; and
WHEREAS, if this important and vital work inaugurated by the General Assembly is to continue and succeed, there must be a continual reappraisal of the laws relating to ad valorem property taxes in this State as well as the need for direct legislative liaison with the depart ment charged with the responsibility of administering the legislative program commenced at this Session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be known as the Tax Equalization Committee to be composed of three mem bers of the House to be appointed by the Speaker of the House of Representatives. The committee is hereby authorized to consult with persons experienced in the field of taxation and other fields related to the legislative program outlined above. The committee shall also be authorized to examine the laws and administration thereof of this and

FRIDAY, FEBRUARY 2, 1962

1009

other states relative to the fields of inquiry which the committee feels shall be beneficial to their study. The members shall receive the com pensation, per diem, expenses and allowances authorized for members of interim legislative committees. All funds necessary for the purpose of this resolution shall come from the funds appropriated to or available to the Legislative branch of the government. The Office of Legislative Counsel shall assist the Committee in the performance of its duties. The committee shall make a report of its studies and recommendations to the 1963 Session of the General Assembly on or before January 15, 1963, and the committee shall stand abolished as of that date. The committee is authorized to meet for a total time of 45 days.

HR 572. By Mr. Kelly of Jasper:
A RESOLUTION
To create a Committee to study and investigate ways and means for improving the Forestry Research Program of this State; and for other purposes.
WHEREAS, the beautiful, picturesque and abundant pine-yielding forests of this State are one of our most profitable and valuable assets; and
WHEREAS, the continuous improvement of our Forestry Research Program is essential to the economic growth and stability of this State; and
WHEREAS, it is desirable to obtain information in determining whether or not our present Forestry Research Program is sufficiently adequate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a Committee composed of five (5) members of the House of Representatives, to be appointed by the Speaker, is hereby created for the purpose of obtaining information to determine if our present Forestry Research Program is adequate and, if not, to propose the necessary legislation to remedy the situation. The Com mittee shall make a report of its study and findings on or before Jan uary 14, 1963, and the Committee shall stand abolished as of that date. The members shall study laws relating to forestry and forest research and the administration thereof of this and other States. The members shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative committees. Provided, however, that said Committee shall be limited to a total time of twenty (20) days per member for the purposes herein set forth. The funds necessary for the purposes of this Resolution shall come from the funds appropriated or available to the legislative branch of the Government.
By unanimous consent, the following Resolutions of the House and Senate were read and adopted:

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HR 568. By Mr. Smith of Emanuel:

A RESOLUTION

Expressing regret at the untimely passing of the Honorable Vance Custer; and for other purposes.

WHEREAS, the Honorable Vance Ouster, Judge of the Court of Appeals of Georgia, passed away as a result of a sudden heart attack on January 31,1962; and

WHEREAS, he was a former President of the Georgia Bar Asso ciation, a former member of the House of Representatives, a member of the American Law Institute's House of Delegates, and City Attorney for the City of Bainbridge for twenty years; and

WHEREAS, he was an outstanding attorney and a learned jurist, who was admired and respected by the laws of this State, as a person imminently qualified to serve on the Court of Appeals; and

WHEREAS, he rendered many years of public service to his com munity and to his State, and his passing will be a great loss to all the citizens of Georgia;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest regrets are hereby expressed at the passing of Judge Vance Custer, and deepest sysmpathy is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the family of Judge Custer.

HR 571. By Messrs. Steis of Harris, Floyd of Chattooga, and others:
A RESOLUTION
Expressing appreciation and recognizing the Department Com mander's Conference for their efforts on behalf of all the Veterans of this State; and for other purposes.
WHEREAS, the Department Commander's Conference is an organi zation comprised of the Department Commanders (Presidents) of the seven major Veterans Organizations in the State of Georgia; to-wit:
The American Legion Disabled American Veterans Veterans of Foreign Wars of the United States Amvets (American Veterans of World War II)

FRIDAY, FEBRUARY 2, 1962

1011

United Spanish War Veterans Jewish War Veterans of the United States Veterans of World War I of the United States; and

WHEREAS, through the years this Organization has been an ex cellent and an efficient liaison between the Veterans Organizations, the Veterans of the State of Georgia and the Executive Department of the State of Georgia, the General Assembly of the State of Georgia and the State Department of Veterans Service and Veterans Service Board; and

WHEREAS, the effectiveness of this Organization has tremendous ly benefited the Veterans of the State of Georgia; and

WHEREAS, the members of this Organization work long and dili gently at their assigned tasks and that the end results of their dedicated services and labor is their only compensation and reward.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, in regular Session convened in the year 1962 does hereby and herewith express to said Organization their sincerest gratitude and appreciation.

BE IT FURTHER RESOLVED that this Body does hereby recog nize this august Organization for its many achievements and accomplish ments.

BE IT FURTHER RESOLVED that this Body does hereby prevail upon and urgently request this Organization to continue its splendid work.

BE IT FURTHER RESOLVED that this Body does request and urge that all departments, divisions, and bureaus of the State Govern ment of the State of Georgia to continue their recognition of and their assistance to this Organization, all to the interest of the Veterans of the Wars from the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to each of the Department Com manders of the Veterans Organizations named herein.

HR 573. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to the Atlanta Symphony Orchestra; and for other purposes.
WHEREAS, on February 1, 1962, the members of the General As sembly were entertained at a concert by the Atlanta Symphony Orches-

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tra under the direction of Mr. Henry Sopkin, Conductor, along with Mr. Peter Harrower, Soloist; and

WHEREAS, the Orchestra under Mr. Sopkin's most capable direc tion, performed brilliantly, and Mr. Harrower was most outstanding in his rendition of selections; and

WHEREAS, the Governor had requested the Georgia Hall of Fame Centennial Committee to seek to have written, a new State song, and Mrs. Forrest Kibler was the instrumental and moving force behind obtaining such song; and

WHEREAS, the song "Georgia Forever" which is proposed to be adopted as the new official State song, was played and was enjoyed by the members of this body; and

WHEREAS, the music to "Georgia Forever" was written by Dr. Frank J. Black, famous former Musical Director of the National Broad casting Company, and the lyrics were written by Mr. Ollie Reeves, Georgia's Poet Laureate; and

WHEREAS, Mr. Leslie White, the efficient manager of the Atlanta Symphony Orchestra, and Dr. Frank Crockett, Music Consultant with the State Department of Education, contributed immensely to the won derful program presented to this body;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby offered to the Atlanta Symphony Orchestra, Mr. Henry Sopkin, Conductor, Mr. Peter Harrower, Soloist, Mr. Leslie White, Orchestra Manager, Dr. Frank J. Black, Honorable Ollie Reeves, Mrs. Forrest Kibler, Dr. Frank Crockett, and to all others who had a part in this most wonderful occasion.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

SR 133. By Senator Johnson of the 46th:
A RESOLUTION
Expressing sympathy upon the passing of Judge Cecil M. Roddenberry; and for other purposes.
WHEREAS, Honorable Cecil M. Roddenberry, Judge of the Superior Courts of the Waycross Judicial Circuit, passed away on January 29, 1962; and
WHEREAS, he was a native of Wayne County and a graduate of the Charlton County High School; and

FRIDAY, FEBRUARY 2, 1962

1013

WHEREAS, he began his law practice in Douglas in 1933, and moved to Nahunta where he practiced until appointed Judge in 1955; and

WHEREAS, he was an outstanding jurist of proven character and integrity and dispensed justice with the highest degree of impartiality; and

WHEREAS, his passing is a great loss not only to the citizens of his locality but of the entire State;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest sympathy is hereby expressed at the passing of Judge Cecil M. Roddenberry and condolences are hereby extended to the members of his Family.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Family of Judge Cecil M. Roddenberry.

SR 102. By Senator Knox of the 54th:
A RESOLUTION
WHEREAS, the General Assembly of Georgia believes that housing and an adequate supply thereof, on a sound economic basis, is important to the health and welfare of the people of this State; and
WHEREAS, an adequate supply of housing is available to the public only when the loans for the construction thereof are capable of being insured by either an agency of the government or other entity of suf ficient size and financial responsibility to make the insurance of that entity acceptable to lending institutions who furnish the source of supply of housing money; and
WHEREAS, the Federal government has, through the Federal Housing Administration and other similar agencies demonstrated that a governmental entity can assist the public in acquiring housing with out cost to the taxpayers in general; and
WHEREAS, the General Assembly of Georgia believes that the State of Georgia has an obligation to the citizens of this State to ex ercise all of its power to insure adequate housing; and
WHEREAS, the General Assembly of Georgia is also committed to the principle of States' Rights, which necessarily embraces State re sponsibility;
NOW, THEREFORE, BE IT RESOLVED by the Senate, the House concurring, that a committee, composed of twelve people, shall be im mediately created, the membership of which shall be constituted as follows:

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3 members of the Senate to be appointed by the Lieutenant Gov ernor;
5 members of the House to be appointed by the Speaker;
4 members to be appointed by the Governor, 1 each from persons engaged in construction of housing, financing of housing con struction, suppliers of building materials and mortgage bankers.

Said committee shall immediately convene, investigate the feasibility of creating a Georgia Housing Administration and report back to the General Assembly of Georgia:

1. The feasibility of the creation of such an agency;
2. If feasible, such legislation as to be necessary and desirable to implement the same.

This report shall be made by February 1, unless the time is extended by joint action of the General Assembly.

The expenses of this committee shall be paid out of the appro priation to the General Assembly and the non-legislative members shall be paid the same per diem and expenses as members of the General Assembly.

The following Committee amendment was read and adopted:
Committee Amendment to SR 102.
The Committee on Rules moves to amend Senate Resolution 102 as follows:
By striking the Resolve Clause of said Resolution in its entirety and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a Committee composed of twelve (12) members is hereby created, the membership of which shall be constituted as follows:
3 members of the Senate to be appointed by the Lieutenant Governor;
5 members of the House to be appointed by the Speaker;
4 members to be appointed by the Governor, 1 each from per sons engaged in construction of housing, financing of housing construction, suppliers of building materials and mortgage bankers.
Said committee shall immediately convene, investigate the feasibility of creating a Georgia Housing Administration and report

FRIDAY, FEBRUARY 2, 1962

1015

back to the 1963 Regular Session of the General Assembly of Geor gia:
1. The feasibility of the creation of such an agency;

2. If feasible, such legislation as to be necessary and desirable to implement the same.

"BE IT FURTHER RESOLVED that the members of the Com mittee created by this Resolution shall have fifteen (15) days each member for carrying out the purpose of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legis lative committees.

The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the Legis lative Branch of Government.

"BE IT FURTHER RESOLVED that said Committee shall make its report on or before January 15, 1963 and said Committee shall stand abolished as of that date."

On the adoption of the Resolution, amended, the ayes were 104, nays 0.

The Resolution, was adopted as amended.

HR 435. By Mr. Hill of Merriwether:
A RESOLUTION
Creating a Committee to study a long range highway program; and for other purposes.
WHEREAS, the funds expended on public roads amount to many millions of dollars annually; and
WHEREAS, a long range program of highway planning and con struction has proved to be of untold benefit to some of our sister states and has proved to be superior to the prcedures normally used in Geor gia in the allotment of road mileage; and
WHEREAS, the General Assembly is vitally concerned with the construction and maintenance of highways and effecting economics;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a committee to be composed of five members of the House to be appoint ed by the Speaker, for the purpose of making a study relative to the procedure for obtaining a long range program of highway construction and maintenance in Georgia. The Committee shall study the present

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JOURNAL OP THE HOUSE,

method of allotting highway mileage to counties and shall make a com parative study of the systems used in states where long range high way planning has proved successful. The committee shall elect its own chairman and such other officers as deemed desirable and shall adopt procedures for its operation. The committee is authorized to travel within and without the State. The members shall receive the com pensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee is authorized to procure materials and supplies for carrying out the purpose of this resolution. The Committee shall make a report of its findings and recommendations to the General Assembly on or before January 14, 1963, on which date the committee shall stand abolished.

The following Committee amendment was read and adopted;
Rules Committee moves to amend HB 435, as follows:
By adding at the end of said Resolution the following new paragraph:
"BE IT FURTHER RESOLVED that the members of the Com mittee created by this Resolution shall have twenty (20) days each member for carrying out the purpose of this Resolution."
The Resolution was adopted as amended.

HR 436. By Messrs. Bolton of Spalding, Rowland of Johnson, Roberts of Jones and others:
A RESOLUTION
Creating an interim Committee to evaluate the future needs of the State of Georgia relating to facilities for the mentally retarded and to recommend a location for an additional facility for the mentally re tarded; and for other purposes.
WHEREAS, during the past years due to an increase in population and the increased mental health program undertaken by the State of Georgia, "The Gracewood State School and Hospital" has become over crowded and has now reached its maximum capacity; and
WHEREAS, The Gracewood State School and Hospital has inade quate facilities to care for any additional number of patients notwith standing the fact that there are at present over one thousand appli cants, the least critical of which would be classified as urgent, on the waiting list seeking admission to said school and hospital; and
WHEREAS, competent authorities of the Department of Public Health and of The Gracewood State School and Hospital have advised that a facility for the mentally retarded such as The Gracewood State School and Hospital should have a maximum of only two thousand five hundred patients; and

FRIDAY, FEBRUARY 2, 1962

1017

WHEREAS, after careful study and deliberation the Sub-committee on Eleemosynary Institutions of the State Institutions and Property Committee of the 1961 Session of the General Assembly of Georgia has recommended that an interim Committee be created by the 1962 Session of the General Assembly to study and recommend to the 1963 Session of the General Assembly of Georgia as to where and how an additional facility for the mentally retarded should be established and located in the State of Georgia; and

WHEREAS, it is very apparent that immediate plans should be made by the General Assembly, in cooperation with the Department of Public Health and the authorities of The Gracewood State School and Hospital, to investigate and recommend the establishment and location of a new additional facility for the mentally retarded of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five(5) members of the House of Representatives to be appointed by the Speaker. The Committee shall have the power and authority to evaluate the future needs of the State of Georgia relating to facilities for the mentally retarded, to study the advisability and need of establishing new additional facilities for the mentally retarded, to investigate and recommend the establishment and location of such new additional facilities for the mentally retarded as the Committee shall determine, to conduct and make investigations and studies of the present staffs and facilities for the mentally retarded and to formulate plans and regulations for future staffing of facilities for the mentally retarded. The Committee shall be authorized to visit similar institu tions in this State or any of the other States, shall be authorized to make studies of the laws of this State and any of the other States and shall be authorized to visit the facilities in this State and in any of the other States where the actual administration of laws relating to the mentally retarded are administered.
BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution have twenty (20) days per member for carry ing out the purposes of this Resolution and the members of the Com mittee shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative Committees. The funds necessary to carry out the purpose of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT ^URTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Geor gia on or before January 15, 1963 and said Committee shall stand abol ished as of that date.

The following Committee amendment was read and adopted; Rules Committee moves to amend HR 436, as follows:

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By Striking therefrom the following language:

"BE IT FURTHER RESOLVED that the members of the Com mittee created by this Resolution have twenty (20) days per mem ber"

and inserting in lieu thereof the following language:
"BE IT FURTHER RESOLVED that the members of the Com mittee created by this Resolution shall have ten (10) days each member".

The Resolution was adopted as amended.

Mr. Floyd of Chattooga was granted leave of absence for February 5 and 6, 1962 to attend to personal business.

Mr. Matthews of Clarke was granted leave of absence for February 6, on ac count of important business.

Mr. Paris of Barrow was granted leave of absence for Monday morning February 5, 1962.

Mr. Smith of Gradjrmoved that the House do now adjourn until 10:00 o'clock a.m. Monday morning and the motion prevailed.

The Speaker announced the House adjourned until Monday morning at 10:00 a.m.

MONDAY, FEBRUARY 5, 1962

1019

Representative Hall, Atlanta, Georgia Monday, February 5, 1962.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. J. Troy Hollingsworth, Pastor, Sardis Baptist Church, Sardis, Georgia.
"Our Father, in all the hustle and bustle of the complex age, in which we live, please remind us that time is swiftly passing by, and that we are held accountable for its proper use.
Keep us from the idle living, and lead us to consult Thee, when we chart the course of our life. We pray that you shall guide us into the channels for which we were made. May we have a safe passage into the future, because we have trusted in Thee. Lead us to be worthy of in creased blessings in the tomorrows of our life, because we have trusted in Thee. Lead us to be worthy of increased blessings in the tomorrows of our life, because we have rightly used Thy grace of today. In the name of Jesus Christ, our Lord. Amen.''

The roll call was ordered and the following members answered to their names:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Toombs Boyett Bozeman Brackin Branch

Brantley Brooks of Oglethorpe Brooks of Fulton Budd Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Cox Crawford Culpepper Davis Been Dickey Dollar Duncan of Fannin

Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham
Fowler of Treutlen Funk
Fuqua Greene
Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hodges Horton Howard

1020

JOURNAL OF THE HOUSE,

Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killings-worth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Mixon Moate

Moore Moorman Morgan Morris Moss Mullis Murphy Ne Smith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scoggin Shuman Simmons Sinclair Singer

Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Willingham Woodward Young

Those not voting were Messrs.:

Bolton Bowen of Randolph Chandler Clarke of Monroe Conner Crowe Dicus Dorminy

Doster Floyd Fowler of Douglas Hull Keyton McGarity Miller Paris

Scarborough Sheffield Simpson Taylor of Decatur Teague Wickham Wilson Mr. Speaker

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

MONDAY, FEBRUARY 6, 1962

1021

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
Mr. Hodges of Ware arose to a point of personal privilege and addressed the House.
Mr. Branch of Tift arose to a point of personal privilege and addressed the House.
Mr. Kidd of Baldwin arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1085. By Mr. Hale of Dade: A Bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Act; providing for refund of taxes paid on gasoline when used for railroad purposes other than for the propulsion of motor vehicles upon the highways; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1086. By Messrs. Milhollin and Williams of Coffee, Kimmons of Pierce, Been of Bacon and Parker of Ware: A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Waycross Judicial Circuit on a salary basis, so as to

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JOURNAL OF THE HOUSE,

change the compensation of the Solicitor-General; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1087. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Allentown, so as to include the County of Twiggs in the Town Charter; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1088. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mclntyre, so as to change the town limits and add new territory; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1089. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, so as to provide that the pro visions relating to holding election for opening sounds, shall not apply to certain counties; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1090. By Mr. Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to provide that insurers may invest in obligations issued, assumed, or guaranteed by the Inter-American Development Bank; and for other purposes.
Referred to the Committee on Insurance.

HB 1091. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate amateur radio stations; and for other pur poses.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 5, 1962

1023

HB 1092. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to the time of holding Superior Court in Tallapoosa Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1093. By Mr. Black of Webster:
A Bill to be entitled an Act to change the salaries of certain county commissioners and clerks in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1094. By Messrs. Cox and Matthews of Clark:
A Bill to be entitled an Act to amend an Act relating to the Town of Athens, so as to provide for the acquiring of a tract of land; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1095. By Messrs. Brooks and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act to create a new Charter for the Town of Palmetto; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1096. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend the Voters Registration Act, so as to repeal Section 4-A and provide in lieu thereof for places of regis tration in any county or municipally owned building in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1097. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to require the governing authorities in certain counties to cause an audit to be made annually of the affairs of any hospital authority with whom the county has contracted; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1098. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act regulating certain county budgets; to eliminate the exemption of Hospital Authority from the operation of such law; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1099. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to prohibit a defendant litigant from filing a cross-action to proceedings brought against such litigant, if he, the said litigant, has previously settled any claim and executed a release to the party proceeding against him; and for other purposes.
Referred to Committee on Judiciary.

HB 1100. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act relating to how suits are commenced and contents of petition, so as to regulate the filing of false and fraudulent pleadings; and for other purposes.
Referred to Committee on Judiciary.

HB 1101. By Messrs. Matthews and Cox of Clarke, Lane of Bulloch, Ross of Lincoln and Melton of Spalding:
A Bill to be entitled an Act to authorize and empower the Board of Regents of the University System to provide for police security forces for Units of the University System; and for other purposes.
Referred to the Committee on State of Republic.

HR 562-1101. By Mr. Twitty of Mitchell:
A Resolution authorizing the conveyance of certain State property, commonly known as the Western and Atlantic Railroad property; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 563-1101. By Messrs. Dickey, Funk and Crawford of Chatham:
A Resolution authorizing the Georgia Forestry Commission to pay com pensation to Mr. George W. Lott; and for other purposes.
Referred to the Committee on Appropriations.

HR 564-1101. By Messrs. Kidd of Baldwin, Newton of Colquitt, Wells of Peach and Matthews of Colquitt:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide qualifications for voters entitled to register and vote on the issuance of bonds to be repaid from taxes on property; and for other purposes.
Referred to the Committee on Special Judiciary.

MONDAY, FEBRUARY 5, 1962

1025

HR 565-1101. By Mr. Clark of Catoosa:
A Resolution proposing an amendment to the Constitution so as to pro vide for sewage districts for the County of Catoosa; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 566-1101. By Messrs. Howard and Rutland of DeKalb:
A Resolution authorizing the Governor to sell all of the right, title and interest which the State of Georgia and the State Highway Department has in certain real property in Land Lots 313 and 314 of the 18th Land District of DeKalb County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 567-1101. By Mr. Clark of Catoosa: A Resolution compensating John Russell Allison; and for other purposes.
Referred to the Committee on Appropriations.

HB 1102. By Messrs. Thornton, Taylor and Phillips of Bibb and Killian of Glynn:
A Bill to be entitled an Act requiring local governing authorities to file notice of assessments against property owners for paving or other improvements to streets and alleys, with the Clerk of the Superior Court, before such assessments may become a lien and attach to the land; and for other purposes.
Referred to the Committee on Judiciary.

HB 1103. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1104. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

1026

JOURNAL OF THE HOUSE,

HB 1105. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1106. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to election precincts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1107. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to the Recorders' Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1108. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, by extending the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1109. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to retirement of employees; and for other purposes.
Referred to the Committee on Local Affairs.

HR 574-1109. By Messrs. Fleming, Fuqua and Hull of Richmond: A Resolution authorizing the conveyance of certain State property located in Richmond County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 1110. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of College Park to extend its present boundaries; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 5, 1962

1027

HR 575-1110. By Messrs. M. Smith, McClelland and Brooks of Fulton, Mackay, Rutland and Howard of DeKalb:
A Resolution proposing an amendment to the Constitution so as to grant to the General Assembly the power to delegate to any county the right to levy a tax to build, acquire, maintain and operate and to participate with other counties, municipalities, public or private corporations in building, acquiring, maintaining and operating a system or systems of public transportation; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1111. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to create a system of pensions and retire ment pay for officers, deputies and employees of DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1112. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act providing in certain counties county taxes may be levied and collected for the purpose of providing reserve for public improvements and for depreciation and obsolescence of existing public buildings; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1113. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act to create the City of Avondale Estates; to define, its limits; to provide a commission form of government; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1114. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to be entitled an Act to repeal an Act creating the DeKalb County Water Works Advisory Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1115. By Messrs. Barber of Jackson, Hall of Floyd, Wickham of Muscogee, Taylor and Phillips of Bibb, Lane of Bulloch, Payton of Coweta, Sheffield of Brooks, Smith of Habersham, Mackay or DeKalb, Morgan and Story of Gwinnett and Smith of Fulton: A Bill to be entitled an Act establishing a retirement system for teachers in the State Public Schools and other State Supported Schools, so as to provide that the Board of Trustees of the Retirement System be

1028

JOURNAL OF THE HOUSE,

required at stated times to make available funds to establish a minimum and maximum floor for each year of service up to 40 years as of July 1, 1961 for those members retired on or before that date; and for other purposes.
Referred to the Committee on Education.

HB 1116. By Mr. Plexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to proceedings prior to attest so as to specify the information that shall be stated in the affidavits made or the warrants issued for the arrest of an offender against the penal laws of this State; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1050. By Mr. Jones of Worth:
A Bill to be entitled an Act so as to provide that no automobile liability insurance policy shall be issued unless coverage is provided therein for the protection of the insured against an uninsured vehicle; and for other purposes.

HB 1051. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to amend an Act providing that failure to relinquish a telephone party line in cases of emergency is a misdemeanor, so as to provide for the application of said Act to any telephone line; and for other purposes.

HB 1052. By Messrs. Kirkland of Tattnall, Morgan of Gwinnett and Cox of Clarke:
A Bill to be entitled an Act to provide for certain changes in and additions to the provisions of the Employees' Retirement System of Georgia, so as to change the number of years within which regular quarterly payments cause amortization on the total amount of an em ployer's contributions relating to the inclusion of the employees of the State Dept. of Corrections in the Employees' Retirement System; and for other purposes.

HB 1053. By Mr. Brackin of Seminole:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Donalsonville; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1029

HB 1054. By Messrs. Kimmons of Pierce, Milhollin and Williams of Coffee, Been of Bacon and Parker of Ware:
A Bill to be entitled an Act to repeal an Act providing a supplement to the compensation of the Judge of the Superior Courts of the Waycross Judicial Circuit; and for other purposes.

HB 1055. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes.

HB 1056. By Messrs. Henderson of Atkinson, Knight of Berrien, Lee of Clinch, Wilkes of Cook and Moorman of Lanier: A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Court of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.
HB 1057. By Mr. Jones of Liberty: A Bill to be entitled an Act to amend an Act to incorporate the City of Hinesville, so as to empower the City of Hinesville, through its govern ing body, to grant franchises, licenses, easements and rights of way in the public streets, etc.; and for other purposes.
HB 1058. By Mr. Wickham of Muscogee: A Bill to be entitled an Act creating the Department of Commerce, so as to create a Board of Commissioners of the Department of Commerce; and for other purposes.
HB 1059. By Messrs. Smith of Emanuel and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act defining the powers and duties of the State Auditor, so as to provide that the State Auditor shall furnish the Attorney General with certain reports; and for other purposes.
HB 1060. By Mr. Ballard of Newton: A Bill to be entitled an Act to amend an Act which incorporated and granted a new Charter to the City of Covington; and for other purposes.
HB 1061. By Messrs. Pannell of Murray, McGarity of Henry, Scarborough of Crawford, Moorman of Lanier, Otwell of Forsyth and others: A Bill to be entitled an Act to amend an Act providing for retirement

1030

JOURNAL OP THE HOUSE,

benefits for the Clerks of the Superior Courts of Georgia, so as to change the amount to be paid into the fund; and for other purposes.

HB 1062. By Messrs. Scarborough of Crawford, Wells of Peach, Paris of Barrow: A Bill to be entitled an Act to amend an Act relating to "Equitable Proceedings", so as to provide that foreclosures and sales under power shall be considered pending litigation; and for other purposes.
HB 1063. By Mr. Scarborough of Crawford: A Bill to be entitled an Act to amend an Act relating to the process, notice, service and publication under proceedings to secure land regis tration ; and for other purposes.
HB 1064. By Mr. Parker of Appling: A Bill to be entitled an Act to amend an Act defining the term "dealer" as commonly applied in the Motor Fuel Tax Law; to provide that any department, agency or commission of the State Government purchasing aviation fuel shall be considered as a dealer; and for other purposes.
HE 547-1064. By Mr. Wickham of Muscogee: A Resolution proposing an amendment to the Constitution so as to create a Board of Commissioners of the Department of Commerce; and for other purposes.
HR 548-1064. By Mr. Taylor of Bibb: A Resolution compensating Mr. Henry L. Bentley; and for other pur poses.
HR 549-1064. By Mr. Taylor of Bibb: A Resolution compensating Mrs. John W. Douglas; and for other pur poses.
HB 1065. By Mr. Coker of Walker: A Bill to be entitled an Act to provide that certain persons who are employed by elective county officers, other than by the governing au thority of the county, shall not be deemed to be employees for the purposes of social security coverage; and for other purposes.
HR 550-1065. By Messrs. Moore and Adams of Polk: A Resolution proposing an amendment to the Constitution so as to create the Cedartown Development Authority; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1031

HB 1066. By Messrs. Fuqua of Richmond, Melton of Spalding and Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act," so as to change the definition of the word "project"; and for other purposes.

HB 1067. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to make valid and binding all contracts, promissory notes or other instruments necessary to be executed in order to borrow money made and executed by persons between the ages of 18 years and 21 years to banks authorized to do business in the State of Georgia for the purpose of borrowing money for their own higher educational purposes.

HR 551-1067. By Messrs. Fuqua of Richmond, Melton of Spalding and Stuckey of Dodge:
A Resolution creating a Committee relative to the construction of a new Governor's Mansion; and for other purposes.

HB 1068. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act, so as to appropriate funds for an increase in the salaries of school teachers and school bus drivers; and for other pur poses.

HB 1069. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to reduce the deposit of security in cases of injury; and for other purposes.

HB 1070. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act establishing a system of Public Schools in the City of Thomasville; and for other purposes.
HB 1071. By Mr. Fleming of Richmond:
A Bill to be entitled an Act relating to the duties of the Clerks of Superior Courts and Clerks of City Courts, so as to authorize Clerks of the Superior Court, from time to time, destroy certain books; and for other purposes.

1032

JOURNAL OF THE HOUSE,

HB 1072. By Mr. Dickey of Chatham:
A Bill to be entitled an Act to provide for the establishment of fire protection districts in Chatham County; and for other purposes.

HR 558-1072. By Mr. Smih of Emanuel:
A Resolution relative to the "Mansion Sites Commission"; and for other purposes.

HR 559-1072. By Mr. White of Mclntosh:
A Resolution proposing an amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said city; and for other purposes.

HB 1073. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Alma; and for other purposes.

HB 1074. By Messrs. Hall of Floyd and Moore of Polk:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act, so as to provide that State contributed foundation program funds shall not exceed the sum bien nially appropriated by the General Assembly; and for other purposes.

HB 1075. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act providing for the holding of four terms each year of Berrien Superior Court, so as to provide for a change in the date of holding certain terms of the Superior Court; and for other purposes.

HB 1076. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to provide minimum wage scale for the personnel of the fire departments of certain counties and cities; and for other purposes.

HB 1077. By Messrs. Otwell of Forsyth, Chance of Twiggs, Andrews of Hall, McCutchen of Gilmer and others:
A Bill to be entitled an Act to fix the situs of motorboats for the purpose of ad valorem taxation; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1033

HB 1078. By Messrs. Strickland of Evans and Brantley of Candler:
A Bill to be entitled an Act to amend an Act known as the "Liquified Petroleum Safety Act," so as to provide that the Act shall be administer ed by the State Revenue Commissioner; to provide for mandatory regula tions governing the calibration of tank trucks, meters, containers and other measures used in dispensing gas; and for other purposes.

HB 1079. By Messrs. Strickland of Evans and Brantley of Candler:
A Bill to be entitled an Act to amend an Act relating to the measure ment of petroleum products, so as to provide that it shall be mandatory that the State Revenue Commissioner prescribe regulations governing the calibration of devices used in dispensing petroleum products; and for other purposes.

HB 1080. By Messrs. Bolton of Spalding, Steis of Harris, Lowrey of Floyd, Brantley of Candler, Killian of Glynn, Payton of Coweta and Potts of Coweta:
A Bill to be entitled an Act to grant to the incorporated municipalities of this State certain common powers--the authority to regulate and control municipal elections; the granting of franchises for the use of their streets; local taxation; to operate water and sewer systems; and for other purposes.

HB 1081. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide an alternative method for annex ing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 10% of the property owners in the affected area; and for other purposes.

HB 1082. By Messrs. Chandler and Kidd of Baldwin, and Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act establishing a Merit System of Personnel Administration, so as to provide certain compensation for re-instated personnel; and for other purposes.

HR 561-1082. By Messrs. Parker of Ware, Lane of Bulloch, Parker of Screven, Kimmons of Pierce, Flexer of Glynn, Paris of Barrow and others:
A Resolution proposing an amendment to the Constitution so as to provide that all sheriffs shall be paid a salary in lieu of fees; and for other purposes.

HB 1083. By Messrs. Storey and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Lawrenceville; and for other purposes.

1034

JOURNAL OF THE HOUSE,

HB 1084. By Messrs. Brooks and Smith of Pulton:
A Bill to be entitled an Act to fix the salary of the judges of juvenile courts in certain counties; and for other purposes.

SB 181. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to change the compensation of the Director of Probation; and for other purposes.

SB 236. By Senators Jackson of the 24th, Mathews of the 48th and others:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to create the Department of Industry and Trade in lieu of and as successor to the Department of Commerce; and for other purposes.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 5, 1962, and submits the following:

1. HB

126. Minimum Foundation, expend funds (p.p.)

2. HR 371-768. Governor's veto -- reconsidered

3. HB

784. Tax equalization, loan

4. HB

861. Motor Carriers, define

5. HB

862. Motor Contract Carriers, define

6. HB

863. Use of baskets, rough fish

7. HB

871. Certain notes, default

8. HB

882. Motor Title Act, amend

9. HB

883. Title Act, appropriation (p.p.)

10. HR 424-891. Commercial Oil Well, payment

11. HB

914. Local finance for education

12. HB

917. Labor organization, certain charges

13. HB

921. Maintenance of streets, grants

14. HR 470-935. Convey land, Muscogee County

15. HR 473-935. Death sentence, amend

16. HB

959. Motor Fuel Tax Law, amend

17. HB

973. Lieutenant Governor, compensation

MONDAY, FEBRUARY 5, 1962

1035

18. HR 536-1034. Reidsville State Park, rename

19. HB 1037. Abandonment, define

20. HB 1038. Define vagrancy, punishment

21. HB 1039. Confinement in prison

22. HB 1040. Drunkenness, define

23. SB

151. Holding bar examinations

24. SB

213. Veterinary medicine, amend

25. SB

170. Absentee vote by military

26. HB

933. Certain language over telephone, prohibit

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Prank S. Twitty, Mitchell, Vice-Chairman.
H. K. Undercofler, Sumter, Secretary.

Mr. Lovett of Laurens County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 181. Do Not Pass. Respectfully submitted, Lovett of Laurens, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :
HB 1066. Do Pass.

1036

JOURNAL OF THE HOUSE,

HR 551-1067. Do Pass. HR 558-1072. Do Pass.

Respectfully submitted, Cox of Clarke, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local 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 House with the following recommendations:

HB

998. Do Pass.

HB 1006. Do Pass.

HB 1007. Do Pass.

HB 1010. Do Pass.

HB 1012. Do Pass.

HB 1013. Do Pass.

HB 1014. Do Pass.

HB 1015. Do Pass.

HB 1016. Do Pass.

HB 1024. Do Pass.

HB 1026. Do Pass.

HB 1027. Do Pass.

HB 1028. Do Pass.

HB 1029. Do Pass.

HB 1030. Do Pass.

HB 1031. Do Pass.

HB 1032. Do Pass.

HB 1033. Do Pass.

HB 1036. Do Pass.

HB 1041. Do Pass.

HB 1042. Do Pass.

HB 1043. Do Pass.

HB 1044. Do Pass.

MONDAY, FEBRUARY 5, 1962

>-.

1037

HB 1045. Do Pass. HB 1046. Do Pass. HB 1047. Do Pass. HB 1048. Do Pass. HB 1049. Do Pass. HR 532-1024. Do Pass. HR 537-1034. Do Pass. HR 541-1040. Do Pass. HR 543-1049. Do Pass.

Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 735. Do Pass by Committee Substitute. Respectfully submitted, Blalock of Clayton, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HR 426. By Messrs. McClelland, Brooks and Smith of Pulton, Howard, Mackay and Rutland of DeKalb:
A Resolution amending the Resolution creating the Fulton County-City of Atlanta Study Commission; so as to extend the time for making a report of its findings and recommendations; and for other purposes.

1038

JOURNAL OP THE HOUSE,

HR 430. By Mr. McCracken of Jefferson:
A Resolution authorizing the conveyance of certain property to the Town of Stapleton; and for other purposes.

HB 717. By Mr. Keadle of Lamar:
A Bill to amend an Act captioned "Barnesville Charter Amended", so as to extend the corporate limits of the City of Barnesville to include therein a tract of land presently owned by said City of Barnesville; and for other purposes.

HB 744. By Mr. McCracken of Jefferson:
A Bill to consolidate the laws chartering the City of Wadley in the County of Jefferson; to provide for the corporate limits of said city; and for other purposes.

HB 813. By Mr. Woodward of Butts:
A Bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County; and for other purposes.

HB 814. By Mr. Woodward of Butts:
A Bill to amend an Act to fix the salary of the Treasurer of Butts County; in lieu of commissions which are now paid; and for other purposes.

HB 815. By Mr. Woodward of Butts:
A Bill to provide that the Coroner in certain counties shall be com pensated on a salary basis rather than a fee basis; and for other pur poses.

HB 816. By Mr. Smith of Emanuel:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Emanuel County; and for other purposes.

HB 817. By Messrs. Ware and Birdsong of Troup:
A Bill to amend an Act so as to provide that commissions allowed to Tax Commissioners shall be paid by County funds in certain counties; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1039

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

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

HB 819. By Messrs. Ware and Birdsong of Troup:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Troup; and for other purposes.

HB 825. By Mr. Lovett of Laurens:
A Bill to amend an Act incorporating the Town of Dudley; and for other purposes.

HB 833. By Messrs. Milhollin and Williams of Coffee:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Coffee; and for other purposes.

HB 834. By Messrs. Milhollin and Williams of Coffee: A Bill to amend an Act creating a new Charter for the City of Douglas; and for other purposes.
HB 838. By Mr. McDonald of White: A Bill to increase the compensation of the Ordinaries in certain counties; and for other purposes.
HB 842. By Messrs. Lee and Blalock of Clayton: A Bill to amend an Act authorizing a stenographer to be present with the Grand Jury in certain counties; and for other purposes.
HB 843. By Messrs. Lee and Blalock of Clayton: A Bill to provide for the establishment of fire prevention districts in Clayton County pursuant to constitutional provisions relative thereto; and for other purposes.
HB 844. By Mr. Baughman of Early: A Bill to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes.

1040

JOURNAL OF THE HOUSE,

HB 845. By Mr. Baughman of Early:
A Bill to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, so as to extend the corporate limits of the City of Blakely; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 848. By Messrs. Jones and Undercofler of Sumter:
A Bill to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Sumter County into the one office of Tax Com missioner; and for other purposes.

HB 849. By Messrs. Jones and Undercofler of Sumter:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien Effingham, Schley, Sumter and Greene; and for other purposes.

HB 850. By Messrs. Jones and Undercofler of Sumter:
A Bill to amend an Act to establish the salary of the Ordinary of Sumter County; and for other purposes.

HB 851. By Messrs. Jones and Undercofler of Sumter:
A Bill to amend an Act to fix the compensation or salary of the treasurer of Sumter County in lieu of commissions or other compensation now received by him; and for other purposes.

HB 852. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act which increases the salary paid to the Judge of the Juvenile Court of Glynn County; and for other purposes.

HB 854. By Mr. Wells of Camden:
A Bill to authorize and empower the City of St. Marys, Georgia, to abandon and close by ordinance certain streets; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1041

HB 856. By Mr. Wells of Camden:
A Bill to amend an Act incorporating the City of Kingsland; to pro vide for a system of natural or manufactured gas in said city; and for other purposes.

HB 857. By Mr. Wells of Camden:
A Bill to amend an Act incorporating the City of Kingsland relating to elections; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 858. By Mr. Wells of Camden:
A Bill to amend the Charter of the City of St. Marys; and for other purposes.

HB 859. By Mr. Wells of Camden:
A Bill to amend an Act placing certain county officials of Camden County on a salary basis; and for other purposes.

HB 865. By Mr. Keadle of Lamar:
A Bill to amend an Act establishing a new Charter for the Town of Milner, so as to provide said town with power to close certain streets; and for other purposes.

HB 866. By Mr. Barnett of Baker:
A Bill to provide for the compensation of the persons holding the office of Tax Collector and Tax Receivers in certain counties; and for other purposes.

HB 868. By Mr. Murphy of Haralson:
A Bill to amend an Act to incorporate the Town of Bremen, so as to repeal the Charter of Bremen and to enact in lieu thereof a new Charter of said town; and for other purposes.

1042

JOURNAL OF THE HOUSE,

HB 876. By Messrs. Greene and Crowe of Bartow:
A Bill to change the compensation of the coroner of Bartow County from the fee system to the salary system; and for other purposes.

HB 886. By Mr. Rodgers of Charlton:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton; and for other purposes.

HB 887. By Mr. Doster of Wilcox: A Bill to amend an Act creating a Charter for the City of Abbeville; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:
HB 892. By Mr. Steis of Harris: A Bill to amend an Act placing the Sheriff of Harris County on a salary system in lieu of a fee system; and for other purposes.
HB 899. By Mr. Joiner of Washington: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Washington; and for other purposes.
HB 902. By Messrs. Lewis and Tucker of Burke: A Bill to amend an Act creating a retirement benefit fund for the employees of Burke County; and for other purposes.
HB 903. By Messrs. Lewis and Tucker of Burke: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Burke; and for other purposes.
HB 904. By Messrs. Lewis and Tucker of Burke: A Bill to amend an Act creating the City Court of Waynesboro in Burke County; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1043

HB 905. By Mr. Simmons of Banks:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Banks County; and for other purposes.

HB 908. By Messrs. Parker and Hodges of Ware:
A Bill to amend an Act relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes.

HB 913. By Messrs. Fordham and Lane of Bulloch: A Bill to amend an Act placing the Clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following hills of the Senate to-wit:

SB 228. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to amend the Act approved Aug. 20, 1927 as amended, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide addi tional pension benefits; to repeal conflicting laws; and for other pur poses.

SB 231. By Senator Green of the 44th: A Bill to amend an Act creating the Office of Commissioner of Roads and Revenue for Bade County, approved March 9, 1959 (Ga. Laws 1959, p. 2382), so as to provide for payment of traveling expenses; to repeal conflicting laws; and for other purposes.
SB 237. By Senator Grayson of the 1st: A Bill to amend the Charter of the Mayor and Aldermen of the City of Savannah; repealing all laws in conflict herewith; and for other purposes.
SB 251. By Senator Towson of the 16th: A Bill to provide for the use of voting machines in Laurens County; and for other purposes.

1044

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

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

HB 729. By Mr. Dorminy of Ben Hill:
A Bill to amend an Act revising the Charter for the City of Fitzgerald; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 228. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927 as amended, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefit; and for other purposes.
Referred to the Committee on Local Affairs.

SB 231. By Senator Green of the 44th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenue for Bade County, so as to provide for payment of traveling expenses; and for other purposes.
Referred to the Committee on Local Affairs.

SB 237. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.

SB 251. By Senator Towson of the 16th:
A Bill to be entitled an Act to provide for the use of voting machines in Laurens County; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 5, 1962

1045

The following Interim Committee report was received:

REPORT OF THE MANSION SITES COMMISSION
The Mansion Sites Commission was created in the 1960 Session of the General Assembly to hear proposals and to make recommendations to the General Assembly with regard to the leasing of the property known as the Old Governors Mansion Lot with the following member ship:
Jesse Draper, Chairman George L. Smith II, Speaker Charlie Brown, Senator Ben Massell B. E. Thrasher, Jr., State Auditor.

By Act of the General Assembly the life of the Commission was extended to February 1, 1962.

The Commission met and duly organized and by official action did cause the Mansion Site property to be advertised for lease beginning June 1, 1972 in newspapers of State-wide circulation and in real estate editions of the Wall Street Journal. On January 4, 1962 the Commission formally conducted a bid opening on proposals for leasing Mansion Sites property and at this bid opening only one proposal was received. The proposal received was made by the J. A. Jones Construction Company, and copies of this proposal are on file with the State Auditor and are available to be examined by members of the General Assembly who are interested.

Subsequent to the bid opening the present holders of the operating lease for the Henry Grady Hotel have entered a petition for bank ruptcy and the holders of the basic lease from the State of Georgia have entered action for receivership. Under these circumstances and because of the interests of the Commission in reaching a recommenda tion that would provide for immediately renovating and repairing of
the property to bring it to first-class condition, it was concluded by the Commission that the best interests of the State a the present time would be served by rejecting the proposal of the J. A. Jones Construction
Company, and to make the following recommendations to the General Assembly:

1. That the life of the Commission be extended for one year.
2. That the Commission be empowered to make such additional studies as will provide exact information as to the present condition of the Hotel and other properties and the cost of their repair.
3. That the present situation as regards to bankruptcy of the operating company be watched carefully by the Governor and the Attorney General to see that the interests of the State under the present lease are fully protected.
4. That at an early date the State again entertain proposals

1046

JOURNAL OP THE HOUSE,

for leasing of the property with recommendations to be made by the Commission at the 1963 Session of the General Assembly.

The membership of the Commission express their sincere apprecia tion to the J. A. Jones Construction Company for their most excellent proposal and for their willingness to meet on many occasions with the Commission to discuss various problems, and also thanks to the Governor and Representative Julian Cox for their assistance without which the Commission's work would have been much more difficult.

/s/ Jesse Draper, Chairman, George L. Smith II, Speaker, Charlie Brown, Senator, Ben Massell, B. E. Thrasher, Jr., State Auditor.

By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:

HE 502-981. By Mr. Vaughn of Rockdale:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create the Rockdale County-Conyers Water Au thority; 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to create, by local Act, the Rockdale County-Conyers Water Authority. Such Au thority, if created, shall be authorized to acquire, construct, operate and maintain projects embracing sources of water supply and the distribution and sale of water, and to do all things and to take all actions relative to the construction, maintenance, and operation of a water system. The General Assembly shall provide for the com position of the Authority and for all other matters relative thereto, including duties, powers, and authority. The General Assembly may authorize the Authority to issue revenue bonds and may authorize Rockdale County and the City of Conyers to levy taxes for the purpose of aiding the Authority. The General Assembly may also provide that the Authority shall have the right to assume the operation of the water system of either said County or City, or

MONDAY, FEBRUARY 6, 1962

1047

both, and may provide that, in the event revenue bonds or certi ficates of either have been issued, such bonds or certificates may be assumed by the Authority, upon approval of the holders thereof. If such Authority is created by the General Assembly the law creating the same shall contain all necessary provisions relative to said Authority. The law creating such Authority shall provide that it shall not come into existence without the approval of both the governing authority of Rockdale County and the governing authority of the City of Conyers."

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

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

"For ratification of amendment to the Constitution so as to authorize the General Assembly to create the Rockdale CountyConyers Water Authority.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to create the Rockdale-Conyers Water Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

1048

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald F lexer Fowler of Douglas Fowler of Treutlen Greene

Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware

Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

MONDAY, FEBRUARY 5, 1962

1049

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Logging McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross

Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 512-985. By Messrs. Duncan and Waldrop of Carroll:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of Georgia of 1945, ratified November 4, 1952, so as to authorize the City of Carrollton to issue and sell revenue bonds for the purpose of carrying out slum clearance; 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 Constitution of Georgia of 1945, ratified November 4, 1952, is hereby amended by adding at the end of said paragraph the following:
"The City of Carrollton shall be authorized to issue and to sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly of the State of Georgia, approved March 31, 1937, known as the Revenue Certifi cate Laws of 1937, as amended, and as the same may hereafter be amended, and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and redevelopment work, including acquisition and clearance of areas which are predomi-

1050

JOURNAL OF THE HOUSE,

nantly slum or blighted areas, the preparation of such areas for re use, and the sale or other disposition of such areas to private enter prise for private uses or to public bodies for public uses. As security for the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, the issuer may pledge all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelop ment work, including work heretofore or hereafter done, together with any or all other revenues from any such project and to the extent that such taxes and revenues so pledged are insufficient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, such issuing body may pledge the full faith and credit of such issuer to make up any deficit which may exist. The issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebtedness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation on indebtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution, as now or hereafter amended. Provided further that any county, municipal corporation or political subdivision other than the issuer benefiting from any such slum clearance or re development work may contract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and interest on such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the City of Carrollton to issue and sell revenue bonds.
"Against ratification of amendment to the Constitution so as to authorize the City of Carrollton to issue and sell revenue bonds." All persons desiring to vote in favor of adopting the proposed

MONDAY, FEBKUARY 5, 1962

1051

amendment shall vote for ratification of the amendment, and all per sons desiring1 to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler

Clark of Catoosa Cloer Cocke Coker Collins Conner
Cox
Crawford Crowe Culpepper Davis Deen Dicus Dollar Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson

Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller

1052

JOURNAL OF THE HOUSE,

Mixon Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling
Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb
Pickard

Poole Potts Purcell Rainey Roberts Rodgers of Charlton
Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens
Story Stuckey Tamplin

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe
Dickey Dorminy Doster Fleming
Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien
Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding
Roper Ross

Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham
Wilson Woodward Young
Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

On the adoption of the Resoltuion, the ayes were 162, nays 0.

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

HR 513-989. By Mr. King of Chattahoochee:
A RESOLUTION
Proposing an Amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Chattahoochee

MONDAY, FEBRUARY 5, 1962

1053

County by the Board of Education of Chattahoochee 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 I of the Constitution is hereby amended by adding at the end thereof the following:
"Effective at the end of the term of the present County School Superintendent of Chattahoochee County, the Board of Education of Chattahoochee County shall appoint the County School Super intendent. The person serving as Superintendent at the time of the ratification of this Amendment shall continue to serve until the end of his present term on December 31, 1964. In the event, however, that a vacancy occurs in such office prior to the end of said term, the Board of Education shall appoint a person to serve as Super intendent. No election for County School Superintendent shall be held after the ratification of this Amendment. The Board shall appoint a person to take office as Superintendent on January 1, 1965. The Superintendent shall serve at the pleasure of the Board. The County School Superintendent of Chattahoochee County, as provided for herein, shall be subject to all constitutional and all statutory provisions relative to County School Superintendents unless such provisions are in conflict with the provisions of this Amendment."
SECTION 2
When the above proposed Amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed Amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Chattahoochee County by the Board of Education of Chatta hoochee County.
"Against ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintend ent of Chattahoochee County by the Board of Education of Chat tahoochee County."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per-

1054

JOURNAL OF THE HOUSE,

sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa

Cloer Cocke Coker Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Joiner Jones of Liberty

Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd
Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen Melton
Milhollin Miller Mixon Moate Moore

MONDAY, FEBRUARY 5, 1962

1055

Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts

Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb

Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn
Waldrop Walker of Lowndes Ware Watson Wells of Peach
White Wickham
Wilkes Williams of Coffee Williams of Hall
Willingham
Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe
Dickey Dorminy Doster Fleming
Floyd Flynt Fordham Funk
Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross

Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 515-989. By Mr. Doster of Wilcox:
A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution, so as to provide that the members of the Board of Education of Wilcox

1056

JOURNAL OF THE HOUSE,

County shall take office on January 1st after the date of their election; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution of Geor gia, as amended, particularly by an amendment found in 1952 Georgia Laws, p. 543, and ratified by the voters at the General Election for members of the General Assembly in 1952, is hereby amended by strik ing the last sentence of the first paragraph of the 1952 amendment, cited above, and inserting in lieu thereof the following:
"The members shall take office on January 1st after the date of their election and their terms shall be for four years.",
so that when so amended said paragraph shall read as follows:
"The County Board of Education of Wilcox County shall be composed of five (5) members, elected by the people, one from each of the school districts provided for hereinafter. School District No. 1 shall be composed of Abbeville and Ryals Mill Militia Dis tricts. School District No. 2 shall be composed of Forest Glen and Sibbie Militia Districts. School District No. 3 shall be composed of Rochelle, Pleasant Grove and Davis Mill Militia Districts. School District No. 4 shall be composed of Pitts, Seville and Double Run Militia Districts, School District No. 5 shall be composed of Pineview, Maple Branch and Pope City Militia Districts. Any candidate for membership on the board of education must reside in the school district from which he offers as said candidate and shall be voted upon by the qualified voters of the entire county. The first election for the members of the county board of education, as provided here in, shall be held on the same date and along with the other county officers at the regular election held for the election of county offi cials in 1954 in Wilcox County. The first election for members of the Wilcox County Board of Education under the provisions of this amendment shall be for two (2) members in 1954 and the other three (3) members shall be elected in 1956. The members shall take office on January 1st after the date of their election and their terms shall be for four years."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with "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:

MONDAY, FEBRUARY 5, 1962

1057

"For ratification of amendment to the Constitution so as to provide that the members of the Board of Education of Wilcox County shall take office on January 1st after the date of their election.

"Against ratification of amendment to the Constitution so as to provide that the members of the Board of Education of Wilcox County shall take office on January 1st after the date of their election."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett

Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Crawford Crowe

Culpepper Davis Been Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton

1058

JOURNAL OF THE HOUSE,

Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon

Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair

Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis
Stevens Story Stuckey Tamplin
Taylor of Bibb Teague Thornton Todd Tucker
Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware
Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe
Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding
Roper Ross

Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

MONDAY, FEBRUARY 5, 1962

1059

The Resolution, having received the requisite Constitutional two-thirds ma jority, was adopted.

HR 516-995, By Messrs. Crawford, Dickey and Punk of Chatham:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts 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 GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution, relating to the districting of counties is hereby amended by adding at the end thereof the following:
"The General Assembly of Georgia is hereby authorized to grant to the governing- authority of Chatham County the authority to district areas outside of municipalities in said county for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such district for the purpose of con structing and maintaining such improvements. The total levy pro vided for herein shall be levied without allowance of any exemp tions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sew erage systems now exist or are established until and unless a ma jority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a district for said purposes."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to grant the governing authority

1060

JOURNAL OF THE HOUSE,

of Chatham County the right to district areas in said county outside municipalities for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said pur pose in said district first approve by a vote the establishment of a district for said purposes."
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to grant the governing authority of Chatham County the right to district areas in said county outside municipalities for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a dis trict for said purposes."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows;

Those voting in the affirmative were Messrs.:

Abney Adams

Akins Andrews of Stephens

Andrews of Hall Arnsdorff

MONDAY, FEBRUARY 5, 1962

1061

Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Crawford Crowe Culpepper Davis Been Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell

Henderson Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollen Miller Mixon Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer

Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton
Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor
Vaughn Waldrop Walker of Lowndes
Ware Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch

Brantley

Clarke of Monroe

1062
Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull Hurst Keyton

JOURNAL OF THE HOUSE,

Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross Scoggin

Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 528-1005. By Mr. Horton of Putnam:
A RESOLUTION
Proposing an amendment to the Constitution so as to set the com pensation for the Putnam County Tax Collector; to provide for sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section II. Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The Putnam County Tax Collector, Tax Receiver, or if the office of Tax Commissioner is created then the Tax Commissioner, and his clerical help shall be compensated from the funds of Putnam County. The amount of such compensation shall be set by local law, said amount to be paid in equal monthly installments from the funds of Putnam County; Provided, however, that the Tax Collector, Tax Receiver, or Tax Commissioner, as the case may be, if acting as tag agent, may still receive the fees allowed by law from the sale of motor vehicle tags;
"The compensation aforesaid shall be the full and complete com pensation of the Tax Collector, Tax Receiver, or Tax Commissioner of Putnam County and shall be in lieu of all commissions, fees, or

MONDAY, FEBRUARY 5, 1962

1063

charges of any kind whatsoever heretofore or hereinafter received. Said Tax Collector, Tax Receiver, or Tax Commissioner shall not he entitled to the amount provided in an Act relating to the commis sions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. All funds col lected from any source under color of said office, except the salary and fees as hereinbefore set out, shall be County funds and shall be accounted for by the Tax Collector, Tax Receiver, or Tax Commis sioner as such."
SECTION 2
This Act shall become effective on January 1, 1963, if approved in the referendum election hereinafter provided.
SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed 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 r have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to set, by local law, the compensation of the Putnam County Tax Col lector, Tax Receiver, or Tax Commissioner;
"Against ratification of amendment to the Constitution so as to set, by local law, the compensation of the Putnam County Tax Collector, Tax Receiver, or Tax Commissioner."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

1064

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney
Adams Akins
Andrews of Stephens Andrews of Hall
Arnsdorff Ballard
Barber
Barnett of Wilkes Barnett of Baker Barrett
Baughman Birdsong
Black Blalock
Boggs Bolton
Bowen of Randolph Bowen of Toombs Boyett Bozeman
Brackin Brooks of Oglethorpe
Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox
Crawford Crowe Culpepper Davis Deen
Dicus Dollar
Duncan of Fannin Duncan of Carroll Dunn
Echols Fitzgerald Flexer
Fowler of Douglas Fowler of Treutlen Greene

Hale
Hall of Lee Hall of Floyd Harrell Henderson Horton
Howard Johnson Joiner
Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan
Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland
Knight of Laurens Langford Lee of Clayton
Lewis of Wilkinson Lewis of Burke Lokey
Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller
Mixon Moate Moore Morgan Morris Moss
Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware

Parker of Appling Farmer Payton Pelham
Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts
Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer
Smith of Grady Smith of Brantley
Smith of Fulton Smith of Habersham
Smith of Whitfield Steis Stevens
Story Stuckey Tamplin Taylor of Bibb
Teague Thornton
Todd Tucker Twitty Undercofler Underwood of Taylor
Vaughn Waldrop Walker of Lowndes
Ware Watson Wells of Peach
White Wickham Wilkes Williams of Coffee
Williams of Hall Willingham Wilson Woodward
Young

MONDAY, FEBRUARY 5, 1962

1065

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges
Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper
Ross

Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Peach Wells of Bibb Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 491-965. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A RESOLUTION
Proposing an amendment to the Constitution to create the RomeFloyd County Development Authority; to provide for powers, author ities, funds, purposes and procedures connected therewith; to authorize such Authority to issue revenue anticipation obligations; 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 VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"A. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, the RomeFloyd County Development Authority, hereinafter created, be and is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in assisting, promoting, establishing

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JOURNAL OP THE HOUSE,

and developing new industries, and assisting, promoting and ex panding existing industry, agriculture, trade and commerce within the territorial limits of Floyd County, Georgia, as hereinafter pro vided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources, and otherwise promoting the general welfare.

"B. In furtherance of the purposes for which such issuance of revenue anticipation obligations is authorized there is hereby created a body corporate and politic to be known as the 'Rome-Floyd County Development Authority', which shall be deemed to be a creature of the State of Georgia, an instrumentality of the County of Ployd, and a public corporation. The name of said Authority may be changed from time to time by an Act of the General As sembly. The said Authority is created for the purpose of assisting, promoting, establishing and developing new industry, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Floyd County, Georgia, both within and without the limits of municipalities therein, for the public good and general welfare of said County and its citizens. The scope and jurisdiction of the Authority is restricted to the ter ritorial limits of Floyd County, Georgia. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies.

"C. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Floyd, the City of Rome, and the City of Cave Spring are by law authorized to undertake.

"D. The said Authority shall consist of seven (7) members, one of whom shall be the Chairman of the City Commission of the City of Rome; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Floyd County; one of whom shall be the President of the Chamber of Commerce of Rome and Ployd County, or its successor; one of whom shall be the Chair man of the Industrial Development Committee of the Chamber of Commerce of Rome and Ployd County, or its successor; and three of whom shall be appointed by the other four (4) members first above mentioned.

(1) The terms of office of the members who are the Chairman of the City Commission of the City of Rome, the Chairman of the Board of Commissioners of Roads and Revenues of Floyd County, the President of the Chamber of Commerce of Rome and Floyd County, or its successor, and the Chairman of the Industrial Devel opment Committee of the Chamber of Commerce of Rome and Ployd County, or its successor, shall run concurrently with their respective tenures of such offices in said bodies, and their respec tive successors in such offices shall succeed them as members of the said Authority.

MONDAY, FEBRUARY 5, 1962

1067

(2) The three (3) members initially appointed by the other four (4) members first mentioned shall be appointed for terms ex piring December 31, 1963, December 31, 1964, and December 31, 1965, respectively; and thereafter their respective successors shall be appointed for terms of three (3) years. In the event of the death or resignation of either one of said appointed members, his successor shall be appointed by the remaining members for the balance of the unexpired term. No vacancy shall impair the power of the Authority to act.

(3) Prior to taking office the members shall subscribe to the following oath, to-wit: 'I do solemnly swear that I will fully and fairly perform the duties as a member of the Rome-Floyd County Development Authority, So Help Me God'.

(4) The members of the said Authority shall be entitled to no compensation.

"E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word 'Authority' shall mean the 'Rome-Floyd County Development Authority', created hereby.
(2) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or ex pansion of existing industry, trade or commerce in Floyd County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or asso ciations for such purposes.
(3) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of in terest prior to and during construction, architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or in cident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquistion, construction, equipping and/or operating any project or any part thereof.

"F. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than four (4) affirmative votes.

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JOURNAL OP THE HOUSE,

"G. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes:

(1) To have a corporate seal and alter the same at pleasure.

(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instru mentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corpora tions, and associations.

(3) To receive and administer gifts, grants and donations and to administer trusts.

(4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber and/or property of all kinds, real and/or personal, within Floyd County, Georgia, and to make a contract or contracts and/or to execute any instrument or document for the accomplishment therof, or other purposes.

(5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority.

(6) To enter into any contract or contracts for any period of time not exceeding fifty (50) years.

(7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.

(8) To construct, erect, buy, receive as a gift, acquire, own,

repair, remodel, maintain, equip, furnish, extend, expand, develop,

improve, donate, sell, lease as lessor or lessee, equip, add to, operate

and manage projects and to pay the costs of any such project from

any income of the Authority, from the proceeds of revenue bonds

issued and sold by the Authority or others, from any taxes levied

for the purpose by the State of Georgia, Floyd County, or any of

the municipalities therein, or from any contributions or loans by

poltical subdivisions or instrumentalities, persons, firms, or corpora

tions, all of which the Authority is hereby authorized to receive and

accept and use.

*

(9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter.

(10) To borrow money and to execute debentures, bonds, notes,

MONDAY, FEBRUARY 5, 1962

1069

mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evi dence and secure such borrowing.

(11) To issue and sell revenue bonds for the purpose of rais ing funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all of the rights, powers and privileges, and to be subject to all the duties and liabilities, which a munici pality may exercise and/or be subject to under the provisions of the Revenue Bond Law (Chapter 87-8 of the Code of Georgia), as the same now is, or hereafter may be, amended. The rights, powers and privileges of the Authority are not limited "to those of such a municipality, however.

(12) To use public funds appropriated to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority.
(13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions.
(14) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(15) To adopt, alter, amend and/or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
(16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority.

"H. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authori ty, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolu tion or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be is sued may include all costs as hereinbefore defined. Such bonds shall

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JOURNAL OP THE HOUSE,

bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions author izing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Floyd County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the "Revenue Bond Law" (Ga. Laws 1937, pp 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended, in the pro ceedings to validate such bonds, the Rome-Floyd County Develop ment Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgement validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgement shall be forever con clusive as to the validity of said bonds and the security therefor against said Authority.

"I. All property, real and personal, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority, and interest thereon and income therefrom, shall be exempt from State, County, City, and local taxation for any purpose.

"J. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.

"K. The Authority shall not be authorized to create in any manner any debt, liability or obligation, against the State of Geor gia, Floyd County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof.

"L. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Floyd and/or any incorporated city or town in said county, the governing authorities of the County of Floyd and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any im provements thereon, without cost, to the Authority. Said County
and/or said municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such
land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority.

"M. Should said 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 be conveyed to Floyd County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property.

MONDAY, FEBRUARY 5, 1962

1071

No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public.

"N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the Clerk of the Board of Commissioners of Roads and Revenue of said County, and shall be available for public in spection.

"O. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, re gardless of whether or not it shall issue revenue anticipation obli gations hereunder.

"P. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor. No enabling Act or legislation of the General Assembly shall be necessary to place the same in effect. However, the General Assembly of the State of Georgia is hereby authorized to enact any laws from time to time, not in conflict herewith, to further define and prescribe the powers and duties of the Authority and the exercise thereof, to enlarge and/or restrict the same, to regulate the managment and conduct of the Authority, and/or to further and assist the objectives and purposes of the Authority.

"Q. The provisions hereof are severable, and if any of the pro visions hereof shall be held in violation of the Constitution of the United States or invalid by any court of competent jurisdiction, the decision of such court shall not affect, impair or invalidate any of the remaining portions hereof. If this amendment necessarily con flicts with some previous provision of the Constitution of the State of Georgia, this amendment shall prevail as a modification pro tanto of the former provision."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Constitution so as to create the Rome-Floyd County Develop ment Authority to promote industry, agriculture and commerce, to authorize the Authority to issue revenue anticipation obligations and to provide for powers, authorities, funds, purposes and procedures con nected with said Authority." "Against ratification of amendment to Constitution so as to create the Rome-Floyd County Development Au thority to promote industry, agriculture and commerce, to authorize the Authority to issue revenue anticipation obligations and provide the

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JOURNAL OF THE HOUSE,

method and manner of such issuance and validation thereof, and to provide for powers, authorities, funds, purposes and procedures con nected with said Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secre tary of State to ascertain the result and certify the same to the Gov ernor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall
Arnsdorff Ballard
Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs
Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Pulton Budd Busbee Bynum

Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner
Cox Crawford
Crowe Culpepper Davis Deen Dicus Dollar Duncan of Pannin
Duncan of Carroll Dunn
Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale

Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Joiner Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons
King Kirkland
Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey

MONDAY, FEBRUARY 5, 1962

1073

Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling

Farmer
Payton Pelham Phillips of Columbia
Phillips of Walton Phillips of Bibb Pickard Poole
Potts Purcell
Rainey Roberts Rodgers of Charlton
Rowland Rutland Sangster Scarborough
Shuman Sinclair Singer
Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham
Smith of Whitfield
Steis Stevens

Story Stuckey Tamplin Taylor of Bibb Teague Thornton
Todd Tucker Twitty Undercofler
Underwood of Taylor Vaughn Waldrop Walkers of Lowndes Ware Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward
Young

Those not voting were Messrs.:

Branch Brantley
Clarke of Monroe Dickey Dorminy
Doster Fleming Floyd Flynt Fordham Funk
Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland
McDonald McGarity Moorman Paris
Raulerson Rogers of Paulding
Roper Ross

Scoggin
Sheffield Simmons Simpson Strickland
Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

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JOURNAL OF THE HOUSE,

HR 490-962. By Mr. McCracken of Jefferson:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the governing body of the City of Louisville to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and expanding agriculture, trade and commerce therein and in Jefferson County; to provide for powers, authority, funds, purposes and procedure connected 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 VII, Section VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

A. The governing body of the City of Louisville be and is hereby authorized to levy an annual ad valorem tax not exceeding five mills per dollar of assessed valuation on all property located within the now existent corporate limits of said City of Louisville and within any extension of said corporate limits of said City, not excluding any realty homestead exemption, such funds so produced by such levy to be used by said City in aiding and assisting in the promotion and establishment of new industries and the expansion
of agriculture, trade and commerce therein and in Jefferson County. Said governing body of said City is specifically authorized to use such amounts from its funds so raised by such tax levy in each year as it shall deem in its discretion to be in the best interest of the City and its residents in keeping with the purposes of this amendment, including the right to pledge all or so much of such funds, as may be necessary, raised by such tax levy to the payment of the principal of and interest on any of its revenue bonds or obli gations which it may hereafter issue and the creation and mainte nance of a reserve for that purpose, said tax being in addition to those now authorized by law, including the one mill tax levy author ized by an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia (Georgia Laws 1956, Vol. 1, p. 445 et seq.);

B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Louisville industry, agriculture, trade and commerce, located within the City of Louisville and Jefferson County and making long range plans for such development and expansion and to authorize the levy of taxes and the use of public funds of said city for such purpose and same is hereby determined and declared to be a governmental function of said City;

C. In addition to all the rights, powers and authority now con ferred by law upon the governing body of the City of Louisville

MONDAY, FEBRUARY 5, 1962

1075

this amendment shall confer upon the governing body of said City all powers, rights and privileges herein granted and such additional rights, powers and privileges that may hereafter be granted by the enactment of any implementing legislation by the General Assembly of Georgia.

D. The property, obligations and the interest on the obliga tions of the City issued hereunder shall have the same immunity from all State and local taxation as the property, obligations and interest on other obligations of the City of Louisville;

E. The powers of the City conferred hereunder shall include, but shall not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the corporate limits of the City of Louisville as now existent and as hereafter extended and within the boundaries of Jefferson
County;

(2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures;

(3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate or expand any industrial, commercial or agricultural plant, enterprise or establish ment within Jefferson County, which in the judgment of the govern ing body of the City will be of benefit to said City. The provisions of this clause shall not be construed to limit any other powers of the City;

(4) To borrow money and to issue notes, obligations and reve nue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;

(5) The rights, powers and privileges now enjoyed by the City under Article VII, Section VI, Paragraph I of the Constitution of this State to contract with Jefferson County, the State and any agency, political subdivision or public corporation thereof is hereby expressly reaffirmed and shall include all rights, powers and privi leges herein granted and in addition thereto the City is authorized to contract with private persons and corporations and to sue and be sued in its corporate name in the accomplishment of the overall purposes herein provided;

(6) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this amendment;

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(7) To encourage and promote the location and expansion of industry, agriculture, trade and commerce within its corporate limits as now existent and as the same may be hereafter extended and within the boundaries of Jefferson County and to make long range plans therefor;

(8) To accumulate its funds from such tax levy herein author ized from year to year and to invest and reinvest such funds;

(9) To designate any of its corporate officers to sign and act for the City pertaining to the rights, powers and privileges herein conferred;

(10) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this amendment and the rights, powers and privileges herein conferred;

F. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Louis ville within the meeting of Article VII, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said City nor shall the City be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the City other than the revenues pledged to the pay ment thereof and interest thereon, which revenues shall include any funds derived from the special tax levy herein provided and monies derived from the lease or sale of any facilities of the City herein authroized to be acquired, constructed and equipped. Any bond holder, however, shall have the right to compel the City to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon if the City in its proceedings authorizing the issuance of such bonds has pledged the revenues derived from such special tax levy to the payment of any such bonds and the interest thereon.

G. The City is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this amendment. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution or ordinance of the governing body of the City of Louisville, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said City in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineer ing, inspection, fiscal agents' and legal expenses and interest esti mated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per centum (7%) per annum and may be in such denominations and may carry such

MONDAY, FEBRUARY 5, 1962

1077

registration privileges and be subject to redemption and may con tain such terms, covenants, assignments and conditions as the ordi nance or resolution authorizing the issuance of such bonds may pro vide. All bonds and interest thereon so issued by said City are hereby declared to be tax exempt from any and all purposes. The terms, conditions, covenants and provisions contained in any such resolu tion or ordinance authorizing the issuance of such bonds shall bind said governing body of said City then in office and its successors thereof including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said City shall be validated in the Superior Court of Jefferson County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Georgia Laws 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Georgia Laws 1937, p. 761 et seq., as amended). In the event no bill of exceptions, to the judgment of the Superior Court confirming and validating any such issue or issues of bonds, shall be filed within the time prescribed by law or if filed, such judgment should be affirmed by the Supreme Court of Georgia or the Court of Appeals of Georgia, the judgment of the Superior Court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security for the payment thereof and interest thereon against said City and against any con tracting party with said City as herein provided.

H. The property of the City herein authorized to be acquired, constructed, and equipped shall not be subject to levy and sale under legal process except such property, income, revenues or funds as may be pledged, assigned, mortgaged or conveyed to secure any obligation of the City and any such property, funds, revenues or income may be sold under legal process to enforce payment of the obligations.

I. This amendment and any law enacted with reference to the City in connection therewith shall be liberally construed for the accomplishment of the purposes now or hereafter authorized.

J. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor of the State of Georgia.

K. 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 City in connection therewith in the exercise thereof, and may enlarge the same and may likewise further regulate the management and conduct of the City pertaining hereto not incon sistent with the provisions of this amendment. The scope of the operation of the City hereunder shall be within and without its corporate limits but shall not exceed the boundaries of Jefferson County.

L. There shall be no limitation upon the amount of revenue

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bonds or obligations which the City may issue, but no such revenue bonds or obligations shall be construed as a debt of the City within the meaning of the provisions of Article VII, Section VII, Para graph I of the Constitution of the State of Georgia and such revenue bonds or obligations and the interest thereon shall be payable solely from the revenues derived from the lease or sale of any of the facilities acquired or constructed by the City hereunder, and such revenues shall also include any funds from the special tax levy herein provided and pledged to the payment of any such issue or issues of bonds and the interest thereon.

M. This amendment shall be effective notwithstanding any other provision or provisions of the Constitution of the State of Georgia which might be construed in conflict herewith.

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed upon by two-thirds of the members elected to each of the two (2) 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 pro vided in Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia.

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

"For ratification of amendment to the Constitution so as to authorize the City of Louisville to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in the furtherance of such purpose to authorize the governing body of said City to issue its revenue bonds or obliga tions and to pledge revenues including special tax funds to the pay ment thereof and interest thereon and to provide the method and manner of such issuance and the validation of said bonds and the
effect thereof."

"Against ratification of amendment to the Constitution so as to authorize the City of Louisville to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade
and commerce and in the furtherance of such purpose to authorize the governing body of said City to issue its revenue bonds or obliga tions and to pledge revenues including special tax funds to the payment thereof and interest thereon and to provide the method and manner of such issuance and the validation of said bonds and
the effect thereof."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against the ratification.

If such amendment shall be ratified as provided in Article XIII,

MONDAY, FEBRUARY 5, 1962

1079

Section I, Paragraph I 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 election for members of the General As sembly 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Boggs Bolton
Bowen of Randolph Bowen of Toombs
Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell
Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner
Cox

Crawford
Crowe Culpepper Davis Been Dicus Dollar Dunean of Fannin
Duncan of Carroll Dunn
Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell
Henderson Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter
Jordan Keadle Kelly
Kidd Killian Killingsworth Kimmons King Kirkland

Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey
Lovett Lowrey Mackay
Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen Melton Milhollin Miller Mixon Moate
Moore Morgan Morris Moss Mullis
Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling
Farmer Payton Pelham Phillips of Columbia
Phillips of Walton

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Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland
Sangster Scarborough Shuman Sinclair Singer Smith of Grady

Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler

Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware
Watson Wells of Peach White Wickham Wilkes
Williams of Coffee Williams of Hall Willingham Wilson Woodward
Young

Those not voting were Messrs.:

Branch Brantley
Clarke of Monroe Dickey Dorminy Doster Fleming
Floyd Flynt Fordham Funk
Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien
Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman
Paris Raulerson Rogers of Paulding
Roper Ross

Scoggin Sheffield Simmons Simpson
Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden
Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 483-957. By Messrs. Williams and Andrews of Hall:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the Board of Commissioners of Roads and Reve nues of Hall County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers, and a system of garbage collection within said county; to levy taxes and/or assessments or service charges for construction, maintenance and operation of same without exemptions and without regard to uni-

MONDAY, FEBRUARY 5, 1962

1081

formity; 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 of the State of Georgia of 1945 is amended by adding a new paragraph thereto which shall read as follows:
"The Board of Commissioners of Roads and Revenues of Hall County, Georgia, as the governing authority of said county, is hereby authorized and empowered to establish districts for the purpose of building, erecting, establishing, maintaining and operating within Hall County, storm sewers for the removal and disposal of surface waters and streams, and a system of garbage collection; or for any of the foregoing. For the carrying out of the aforesaid powers and purposes, said Board of Commissioners shall be further authorized to levy a tax and/or special assessments on the full tax assessed value of all property in said districts without exemption for the aforesaid purposes, or make service charges against all businesses and residents served by said facilities, or either of said facilities, as said Board of Commissioners shall deem necessary for the serv ices rendered, all without regard for uniformity. The same shall be collected by the tax collectors of said county and may be en forced by the issuance of fi fas or execution for said charges in the same lien dignity and priority as fi fas or executions are issued for State and County taxes. Said Board shall also have authority to compel compliance with reasonable rules and regulations neces sary for said services."

SECTION 2
When the above proposed amendment to the constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals and the "Ayes" and "Nays" taken thereon, such pro posed 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 thereson the following:

"For ratification of amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer, and garbage collection districts within Hall County.

"Against ratification of amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer, and garbage collection districts within Hall County."

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All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall for against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong
Black Blalock
Boggs Bolton
Bowen of Randolph Bowen of Toombs
Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton
Brown Budd Busbee Bynum Caldwell Chance Chandler
Clark of Catoosa Cloer

Cocke Coker Collins Conner
Cox Crawford
Crowe Culpepper Davis Deen Dicus Dollar
Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin

Jones of Sumter Jordan
Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford
Lee of Floyd Lewis of Wilkinson
Lewis of Burke
Lokey Lovett
Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate
Moore Morgan Morris Moss

MONDAY, FEBRUARY 5, 1962

1083

Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey

Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Pulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb Teague

Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross

Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oeonee Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0,

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

HR 486-947. By Mr. Simpson of Wheeler:
A RESOLUTION
Proposing an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia 1945, ratified November 4, 1952, as

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amended, so as to provide for the appointment of the County School Superintendent of Wheeler County by the County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution of 1945, ratified November 4, 1952, as amended, relating to the County School Superintendent, is hereby amended by adding at the end of said Para graph the following:

"The County School Superintendent of Wheeler County shall be elected by the County Board of Education of Wheeler County. The Superintendent shall serve at the pleasure of the Board, and the County School Superintendent of Wheeler County shall no longer be elected by the voters of Wheeler County. The Board shall have the sole discretion in deeming whether a person is competent and qualified to serve as Superintendent. The present County School Superintendent of Wheeler County shall continue to serve until the end of the term of which he was elected by the qualified voters of Wheeler County. At the next general election at which the quali fied voters of Wheeler County elect their county officials there shall be no County School Superinendent elected, but the County Board of Education shall elect the succeeding School Superintendent of Wheeler County and all succeeding School Superintendents.
"The County School Superintendent of Wheeler County, as pro vided for herein shall be subject to all of the constitutional provi sions and all general statutory provisions relative to County School Superintendents unless such provisions are in conflict with the pro visions of this amendment."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945 as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution providing that the County Board of Education of Wheeler County shall have the authority to elect the County School Superintendent of Wheeler County.
"Against ratification of amendment to the Constitution pro viding that the County Board of Education of Wheeler County

MONDAY, FEBRUARY 5, 1962

1085

shall have the authority to elect the County School Superintendent of Wheeler County.'"

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the January 1962 Session of the General Assembly of Georgia, a Bill to provide that the County Superintendent of Schools for Wheeler County shall be appointed by the County Board of Education; to provide for a Referen dum; and for other purposes.

This 8th day of January, 1962.

Mackie Simpson
Representative, Wheeler County

39-3t.

GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mackie Simpson, who, on oath, deposes and says that he is Representative from Wheeler County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle, which is the official organ of said County, on the following dates: January 12: January 19: January 26.
/s/ Mackie Simpson,
Representative, Wheeler County.
Sworn to and subscribed before me, this 29th day of January, 1962.
/s/ Janette Hirsch Notary Public. (Seal). Notary Public State at Large, My Commission expires ____
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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JOURNAL OP THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Crawford Crowe Culpepper Davis Been Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols

Fitzgerald Plexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Morgan Morris

Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undereofler Underwood of Taylor

MONDAY, FEBRUARY 5, 1962

1087

Vaughn Waldrop Walker of Lowndes Ware Watson

Wells of Peach White Wickham Wilkes Williams of Coffee

Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges
Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper
Ross

Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 510-981. By Mr. Bynum of Rabun:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Rabun County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Rabun County to be known as the Rabun County Industrial Building Authority, which shall be instrumentality of Rabun County and a public corporation and which in this amendment is hereafter re ferred to as the "Authority";

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"B. The Authority shall consist of five members. The Ordinary of Rabun County shall be a member. In addition the Ordinary of Rabun County shall appoint four members who shall be eligible for a term of five years and shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Ordinary of Rabun County. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the powers of the Authority to act.

"C. The property, obligations and interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Rabun County.

"D. The powers of the Authority shall include, but not be limited to the power:

"(1) To receive and administer gifts, grants, and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Rabun County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gifts any building or structure within the limits of Rabun County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acqui sition of an existing building and the remodeling, renovation, re constructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one

MONDAY, FEBRUARY 5, 1962

1089

time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Rabun County.

"P. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority
is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there
under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided for fore closure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any
exercise of the taxing power of Rabun County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Rabun County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have

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JOURNAL OF THE HOUSE,

such standing with the bonds of the same issue as may be provided in the authorizing proceeding.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"1. The undertaking for which the bonds are to be issued will increase employment in Rabun County.

"2. The lessee or purchaser of the bunlding or buildings in volved will not by virture of establishing operations in said county reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expeses.

"K. Should said 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 Rabun County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purposes of promoting and expanding for the public good and welfare industry and trade within Rabun County and reducing unemployment to the greatest extent, possible, and this amendment and any law enacted with ref erence to the Authority shall be liberally construed for the accom plishment of these purposes.

"M. This amendment shall be effective immediately upon proc

lamation of its ratification by the Governor and the first members

of the Authority shall be appointed within thirty (30) days after

,

;.;' such proclamation.

1 ';

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Rabun County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed

MONDAY, FEBRUARY 5, 1962

1091

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

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

"For ratification of amendment to the Constitution so as to create the Rabun County Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Rabun County Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Rabun County shall vote for rati fication thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows;

Those voting in the affirmative were Messrs.:

Abney
Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard
Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock

Boggs
Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin
Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance

Chandler
Clark of Catoosa Cloer Cocke Coker Collins Conner
Cox Crawford Crowe Culpepper Davis Been Dicus Dollar

1092

JOURNAL OF THE HOUSE,

Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald
Flexer Fowler of Douglas Fowler of Treutlen Greene Hale
Hall of Lee Hall of Clayton Harrell Henderson Horton Howard Johnson
Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly
Kidd Killian Killingsworth Kimmons King Kirkland
Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey

Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken
McCutchen Melton Milhollin Miller
Mixon Moate Moore Morgan Morris Moss Mullis Murphy NeSmith
Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole
Potts Purcell Rainey Roberts Rodgers of Charlton Rowland

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald
McGarity Moorman Paris Raulerson Rogers of Paulding
Roper Ross

Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young
Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

MONDAY, FEBRUARY 5, 1962

1093

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 508-981. By Mr. Watson of Houston:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Perry Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; 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 V, Section IX of the Constitution is hereby amended by add ing at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in the City of Perry to be known as the City of Perry Industrial Build ing Authority, which shall be an instrumentality of the City of Perry and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members. The Presi dent of the Perry Chamber of Commerce, the Mayor of the City of Perry and the Chairman of the Houston County Board of Com missioners shall be ex-officio members of the Authority. In addition the governing authority of the City of Perry shall appoint two members who shall serve for a term of five years and who shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said governing authority. A majority of the members shall constitue a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Perry.
"D. The powers of the Authority shall include, but not be limitd to, the power:
"(1) To receive and adminster gifts, grants and donations and to administer trusts;

1094

JOURNAL OP THE HOUSE,

"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, pro perty and income as therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in the corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and development of industrial and commercial facilities in the City of Perry so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of the City of Perry suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the ac quisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or in stallments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or convenient
to accomplish the purpose and powers of the Authority as herein stated.

MONDAY, FEBRUARY 5, 1962

1095

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or the City of Perry.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypoth ecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein con tained shall be construed to create a right to compel any exercise of the taxing power of the City of Perry to pay any such bonds or the interest thereon nor to enforce payment thereof against any pro perty of the City of Perry.

"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be pro vided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"(1) The undertaking for which the bonds are to be issued will increase employment in the City of Perry.
"(2) The lessee or purchaser of the building or buildings involv ed will not by virtue of establishing operations in said city, reduce the number of employees employed by said lessee or purchaser else where in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

1096

JOURNAL OF THE HOUSE,

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real or personal, held by the Authority at the time of such dissolution shall revert to the City of Perry, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the vicinty of the City of Perry, and reducing unemploy ment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30)) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Perry and the scope of its operations shall be limited to the territory embraced within said city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

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

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

"For ratification of amendment of the Constitution so as to create the City of Perry Industrial Building Authority.
"Against ratification of amendment to the Constitution so as to create the City of Perry Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

MONDAY, FEBRUARY 5, 1962

1097

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows;

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox

Crawford Crowe Culpepper Davis Been Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Clayton Harrell Henderson H orton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland

Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Morgan Morris Moss Mullis Murphy Ne Smith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton

1098

JOURNAL OF THE HOUSE,

Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady

Smith of Brantley Smith of Pulton
Smith of Habersham Smith of Whitfield Steis Stevens Story
Stuckey Tamplin Taylor of Bibb Teague Thornton Todd Tucker
Twitty Undercofler

Underwood of Taylor Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Peach White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross

Scoggin Sheffield Simmons Simpson Strickland
Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair
Wells of Oconee Wells of Camden
Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 504-981. By Mr. Singer of Stewart:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize Stewart County to provide a natural gas system for said county; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1099

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 Stewart County is hereby author ized to build and maintain a natural gas system in said county, including the establishment of necessary pipelines throughout the county, for the purpose of providing gas for commercial and resi dential needs, both public and private; such gas to be sold to resi dents of said county at reasonable rates. Any such gas system may be leased to a private individual or corporation to be operated for the purpose as hereinbefore mentioned. Revenue Anticipation Bonds and General Obligation Bonds may be issued for such pur pose."
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to authorize Stewart County to build and maintain a natural gas system.
"Against ratification of amendment to the Constitution so as to authorize Stewart County to build and maintain a natural gas system."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1100

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows;

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Coker Collins Conner Cox Crawford Crowe Culpepper Davis Been Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald

Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Clayton Harrell Henderson Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Morgan Morris Moss Mullis

Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield
Steis Stevens Story Stuckey Tamplin Taylor of Bibb
Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes

MONDAY, FEBRUARY 5, 1962

1101

Ware Watson Wells of Peach White

Wickham Wilkes Williams of Coffee Williams of Hall

Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross

Scoggin Sheffield Simmons Simpson Strickland
Tabb Taylor of Dawson Taylor of Decatur
Underwood of Montgomery
Walker of Telfair Wells of Oconee Wells of Camden
Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 507-981. By Mr. Parker of Screven:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Screven County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Screven County Development Authority' which shall deemed to be instrumentality of the State of Georgia and a public corporation, its scope and jursidiction to be limited to the territory

1102

JOURNAL OF THE HOUSE,

embraced by Screven County. The County of Screven may con tract with the Authority as public corporation as provided by the Constitution of Georgia.

"Screven County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed.

"The members of the Authority, their qualifications, terms and method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the imple mentation of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue .bonds issued by the Authority, shall be exempt from State and local taxa tion.

"Said Authority is created for the purpose of developing, pro moting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordi nation of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or author ized in any manner to create a debt as against the State of Georgia or the County of Screven. The Authority is created for non-profit, purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

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

"For ratification of amendment to the Constitution so as to create the Screven County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Screven County Development Authority."
All persons desiring to vote in favor of adopting the proposed

MONDAY, FEBRUARY 5, 1962

1103

amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows;

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens
Andrews of Hall Arnsdorff Ballard
Barber Barnett of Wilkes Barnett of Baker Barrett
Baughman Birdsong
Black Blalock
Boggs Bolton Bowen of Randolph
Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd
Busbee Bynum Caldwell Chance Chandler

Clark of Catoosa Cloer
Cocke Coker Collins Conner Cox Crawford Crowe
Culpepper Davis Deen
Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Clayton Harrell Henderson Horton Howard Johnson

Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly
Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen Melton Milhollin Miller

1104

JOURNAL OF THE HOUSE,

Mixon Moate Moore Morgan Morris
Moss Mullis Murphy
NeSmith Newton Odom Otwell Pannell
Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard

Poole Potts Purcell Rainey
Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer
Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin

Taylor of Bibb Teague Thornton Todd Tucker
Twitty Undercofler
Underwood of Taylor Vaughn Waldrop Walker of Lowndes
Ware Watson Wells of Peach White
Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming
Floyd Flynt Fordham Funk Fuqua Hill
Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins
McClelland McDonald
McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross

Scoggin Sheffield
Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur
Underwood of Montgomery
Walker of Telfair Wells of Oconee Wells of Camden
Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

HR 517-995. By Mr. Jones of Lumpkin:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority; to provide for powers,

MONDAY, FEBRUARY 5, 1962

1105

authority, funds, purposes and procedure connected therewith; 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Lumpkin County, to be known as the Lumpkin County Industrial Building Authority, which shall be an instrumentality of Lumpkin County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members. The Presi dent of the Dahlonega-Lumpkin County Chamber of Commerce, the Chairman of the Dahlonega City Council, and the Commissioner of the Lumpkin County Roads and Revenues shall be ex-officio mem bers of the Authority. In addition, the Commissioner of Roads and Revenues of Lumpkin County shall appoint two members who shall serve for a term of five years and who shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said County Commissioner. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations, and the interest on the obliga tions, of the Authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations, of Lumpkin County.
"D. The powers of the Authority shall include, but not be lim ited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to

1106

JOURNAL OF THE HOUSE,

provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Lumpkin County so as to relieve insofar as possible unemployment within its boun daries, and to that end to acquire by purchase or gift any building or structure within the limits of Lumpkin County, suitable for and intended for use as a factory, mill, ship, processing plant, assembly plant, or fabricating plant, including all necessary and appurte nant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovat ing, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Lumpkin County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Author ity is hereby authorized to issue bonds bearing rates or rate of
interest and maturing at the years and amounts determined by the

MONDAY, FEBRUARY 5, 1962

1107

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 amended, Ga. Code Ann., Chapter 87-8, 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 lawful debt of the Authority. The Authority may execute any trust agree
ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment or principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Lumpkin County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Lumpkin County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"(1) The undertaking for which the bonds are to be issued will increase employment in Lumpkin County.

"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 Lumpkin County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that
time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Lumpkin County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with

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JOURNAL OF THE HOUSE,

reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Lumpkin County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operations beyond such limits."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, FEBRUARY 5, 1962

1109

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Catoosa Dickey Cloer Cocke Coker Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols

Fitzgerald Flexer Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Morgan Morris Moss

Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes

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Ware Watson Wells of Peach White

Wickham Wilkes Williams of Coffee Williams of Hall

Willingham Wilson Woodward Young

Those not voting were Messrs.:

Branch Brantley Clarke of Monroe Dickey Dorminy Doster Fleming Floyd Flynt Fordham Funk Fuqua Hill Hodges Hull

Hurst Keyton Knight of Berrien Lane Lee of Clinch Loggins McClelland McDonald McGarity Moorman Paris Raulerson Rogers of Paulding Roper Ross

Scoggin Sheffield Simmons Simpson Strickland Tabb Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Telfair Wells of Oconee Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:

HR 595. By Messrs. Cox of Clarke, Payton of Coweta, and others:
A RESOLUTION
Creating a Committee from the House State Institutions and Property Committee; and for other purposes.
WHEREAS, the House State Institutions and Property Committee performed an outstanding job in studying and inspecting the various State Institutions' facilities and property during the last interim; and
WHEREAS, it is highly desirable that the members of the General Assembly be kept abreast and informed of the status and condition thereof; and
WHEREAS, any methods of operation which would be improve ments over present such methods should be brought to the attention of the General Assembly;

MONDAY, FEBRUARY 5, 1962

1111

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of such number of members of the House State Institutions
and Property Committee as shall be designated by the Speaker for the purpose of visiting, inspecting and studying the State Institutions and Property, and obtaining information concerning the methods of opera tion thereof. The Committee is hereby authorized to study the laws relating thereto and the administration of such laws of this and such
other jurisdictions as the Speaker shall authorize. The members of the Committee shall receive the compensation, per diem, expenses and al lowances authorized for members of interim legislative committees. The Committee shall receive the above for the number of days specified by the Speaker. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Committee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

HR 596. By Messrs. Steis of Harris, Underwood of Taylor, and others:
A RESOLUTION
Authorizing the erecting of a monument paying homage to and commemorating certain war veterans; and for other purposes.
WHEREAS, during the War between the United States of America and the Kingdom of Spain, such War, being referred to as the Spanish American War, many Georgians made the supreme sacrifice; and
WHEREAS, the Veterans of the War with Spain have united them selves together in fraternal comradeship by and through a Congres sional Chartered Organization, the United Spanish War Veterans; and
WHEREAS, in accordance with the terms of said organization, said Veterans have pledged themselves to perpetuate the memories of the War with Spain and the campaigns incident thereto; and
WHEREAS, said Veterans have advocated and encouraged an adequite national defense and are among those who fought to preserve our institutions of Government; and
WHEREAS, it is the desire of the Veterans of this State, the many Veterans Organizations and numerous individuals that a monu ment be erected on the grounds of the State Capitol of the State of Georgia located in Atlanta, Georgia paying homage to and commemorat ing the Georgians who were members of the armed forces of the United States of America and who served in the War with the Kingdom of Spain; and
WHEREAS, the cost of construction and erection of this monu ment will not obligate the State of Georgia for any sum whatsoever.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf

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JOURNAL OF THE HOUSE,

of the State, is hereby authorized and empowered to allow a monument to be erected on the grounds of the State Capitol of the State of Geor gia paying homage to and commemorating the Georgians who were members of the armed forces of the United States of America and who served during the War with the Kingdom of Spain.

BE IT FURTHER RESOLVED that the Secretary of State, as keeper of the grounds at the State Capitol, be and he is hereby author ized to make available space for such monument.

BE IT FURTHER RESOLVED that the Secretary of the State shall have the power and authority to approve the design of such monu ment to the extent that it will be in keeping with other monuments on, and the general landscape of the Capitol grounds known as "Capitol Square".

BE IT FURTHER RESOLVED that the authority and power here in authorized is so authorized upon the condition that the State of Georgia shall not be obligated in any sum whatsoever in the construc tion and erection of said monument.

HR 597. By Messrs. Steis of Harris, Akins of Union, and others:
A RESOLUTION
Expressing appreciation to the Congressional Delegation from the State of Georgia in the United States Congress; and for other purposes.
WHEREAS, a new Veterans Administration Hospital is badly needed in the State of Georgia; and
WHEREAS, very recently, information has been released by the Federal authorities which assures the Veterans of the State of Georgia that a new Veterans Administration Hospital will be constructed in the metropolitan area of Atlanta, Georgia in the near future; and
WHEREAS, the Citizens and Veterans of the State of Georgia are fully aware that the entire Congressional Delegation from the State of Georgia in the United States Congress have advocated and urged that a new Veterans Hospital be constructed in Georgia; and
WHEREAS, the Veterans of the State of Georgia are fully aware of the many efforts put forth by the United States Congressional Dele gation from Georgia for and in their behalf.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, in Regular Session assembled, does hereby highly commend and express their sincerest appreciation to the entire Congressional Delegation from the State of Georgia in the United States Congress for their untiring and successful efforts in obtaining the commitment and assurance from the Federal authorities that a new Veterans Administration Hospital will be constructed and placed in operation in the metropolitan Atlanta area in the near future.

MONDAY, FEBRUARY 5, 1962

1113

BE IT FURTHER RESOLVED that this major achievement will be long remembered by the members of this Body and by the Citizens of the State of Georgia and that this Resolution is an expression of our appreciation and gratitude.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appro priate copy of this Resolution to each member of the Congressional District of the State of Georgia in the United States Congress.

HR 598. By Mr. Kidd of Baldwin:
A RESOLUTION
Commending a certain newspaperman; and for other purposes.
WHEREAS, even the newest members of this August Body have often wondered for what just purpose newspaper reporter, "Stone Face Charlie", a possible direct descendant of "Tecumsuk", was being used by one of Georgia's leading newspapers; and
WHEREAS, in the Atlanta Journal and Constitution, dated Sun day, February 4, 1962, the true facts of why "Stone Face" has been hanging around the halls of the Capitol for such a long time allowed to remain on the payroll of said newspaper, was brought to light for on page 18, the middle of the page a great article which carried much weight and gravity was brought to light. Said article was titled, "Will TV watching Cat Like Byrd or Griffin" by "Phew".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the editors of these two papers are hereby commended for at last putting "Stone Face" in his element because certainly no one should be in a better position to report intelligently on the outlook of a cat or a canine and due to the depth and feeling that this terrific article has displayed, it is recommended that said editors will be in accord with this Body in requesting that this gentle man is given a canine and feline column to be run regularly on the financial page of these papers.
BE IT FURTHER RESOLVED that his somber expression each morning and his scowl at the close of each evening will be missed, but realizing the possibilities of what this might mean to the future of our four legged friends, we are sure and are willing to deprive ourselves of these moments.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives send an appropriate copy of this Resolution to the editors in hopes that they will reply to this request.

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HR 599. By Messrs. McCutchen of Gilmer, Walker of Lowndes, and others:

A RESOLUTION
Proposing the creation of a committee to investigate the possibility of establishing a section in the gallery to be used exclusively by the various news media; and for other purposes.
WHEREAS, it is most important that the public be adequately informed of the deliberations of the House of Representatives; and
WHEREAS, in order to more easily give the public a knowledgeable access to such deliberations it is highly important that the various news media be given ample opportunity to observe the business of the House in order that they may report on same expediently; and
WHEREAS, it is of the greatest importance that the members of the House be allowed to pursue the business of the House without being fettered by the confusion resulting from the different instrumentalities of the various news media being placed on the floor of the House; and
WHEREAS, the creation and establishment of a separate section of the spectator's gallery for the exclusive use of the news media would insure the efficient conduct of the business of the House and also insure more accurate reporting of the deliberations of the House by the various news media;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee of six (6) members of the House be appointed by the Speaker to study the possibility of establish ing a section in the spectator's gallery with appropriate equipment therein for the exclusive use of the news media.
BE IT FURTHER RESOLVED that the members of the commit tee shall meet for the purpose of organizing and electing a chairman, a secretary and such other officers as deemed advisable. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, not exceeding twenty (20) days. Said committee may procure appropriate secretarial assistance. Said committee is further hereby authorized to visit other States in the pursuit of its investigation. The funds neces sary for the purposes of this Resolution shall be paid from the funds appropriated to or available to the legislative branch of the government.
BE IT FURTHER RESOLVED that the Secretary of State be appointed as an ex-officio member of said committee and that said Sec retary of State shall receive no further compensation than that salary allowed to him by law.

HR 600. By Messrs. Pannell of Murray, Atkins of Union, and others:
A RESOLUTION
Commending the renovation of New Echota by the Georgia Histori cal Commission; and for other purposes.

MONDAY, FEBRUARY 5, 1962

1115

WHEREAS, the Cherokee Indians, when they were still living in their ancient homeland in Northwest Georgia, were converted to Chris tianity and became an industrious, sober and law-abiding people and, hoping that they might rely on a treaty with the Government in Wash ington permitting them to remain on their ancestral lands, built a national capital in that part of their Nation which is now Gordon County, naming the town New Echota, where they maintained their central government based on a written constitution providing for an executive, a legislative body and a judicial system with a Supreme Court, with the officers of the government chosen in national elections, and proceeded to practice the arts of peace, both in industry and agri cultural and in the homes that they built and the schools that they established, and in their daily pursuits gave proof to the high state of Christian civilization that they had attained and that the citizens of their Nation were a serious, law-abiding, God-fearing people; and

WHEREAS, the land-hungry pioneers of Georgia, ever pushing the frontiers westward, coveted the lands of the Cherokee and brought pres sure upon the United States Government to remove these people to a distant land beyond the Mississippi in discharge of its obligation to do so under a promise made when, after the Yazoo fraud, Georgia ceded its western lands to the Central Government; and

WHEREAS, by methods which neither the United States nor pres ent-day Georgia can now consider with pride, these proud people were compelled to move to the Oklahoma Territory under such shocking cir cumstances that four persons died for every mile traveled in that mel ancholy exodus, and that page in Georgia's history must now be read with humility and sadness; and

WHEREAS, during the years immediately preceding this heartless act of removal of the Cherokees from their native land, there were passed by the General Assembly a number of laws unjustly discrim inatory and harshly restrictive of the inalienable rights of the Chero kees, which laws are now largely obsolete, but if there should arise a situation in which they may be involved, their enforcement would cause such gross injustice as to shock the consciences of all who believe in equality under law; and

WHEREAS, the people of Calhoun, Georgia, and Gordon County have located the early records showing the exact location of New Echota, so that, after further research to ascertain the exact character of the public buildings and other houses, the Georgia Historical Commission has been enabled to undertake the restoration of this ancient Capital of the Cherokees, which will be sufficiently completed by May of this year for a formal ceremony to be held dedicating this historic site as a cultural monument and tourist attraction, and it is expected that on this occasion the Georgia Historical Commission, with the cooperation of the Department of Commerce, will have as guests of the State of Georgia many prominent officials of the Cherokee Nation, who are also men of national prominence, being men who occupy or have occupied such positions as Governor and Justices of the Supreme Court and other offices of comparable importance in the government of the State of Oklahoma, and who occupy the highest places of responsibility in some of the nation's largest industries, so that it is suitable and fitting that,

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JOURNAL OF THE HOUSE,

upon the arrival of these distinguished guests, there should be pre sented to them the intelligence of the removal from the Georgia laws of those prejudicial and restrictive statutes which one hundred and thirty years ago were enacted with a hostility of spirit which now happily no longer exists, and in doing this Georgia atones for the wrong done to these worthy people;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY, that this body do highly commend the Georgia Historical Commission for its renovation and re-creation of New Echota and do welcome with open arms those prominent citizens of the Cherokee Nation who are to attend the formal ceremony opening to the public for in spection of the grounds and re-created buildings of New Echota.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives be instructed to transmit copies of this Resolution to the Georgia Historical Commission so that the Resolution might be read at the aforementioned ceremonies.

HR 601. By Mr. Kidd of Baldwin:
A RESOLUTION
Relating to the poultry industry; and for other purposes.
WHEREAS, the raising of poultry and the producing of poultry products has become one of the major industries in the State of Geor gia; and
WHEREAS, through modern efficient production, it is now pos sible to can poultry and poultry products at a very nominal price; and
WHEREAS, notwithstanding the fact that there is now a surplus of poultry and poultry products, it appears that the amount of poultry and poultry products canned is not commensurate with the size of the industry; and
WHEREAS, canned poultry and canned poultry products could easily be made part of the diet of the members of the Armed Services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urgently request the manufacturers and producers of canned poultry and poultry products to immediately increase their production of said canned poultry and poultry products in order to diminish the surplus that now exist.
BE IT FURTHER RESOLVED that the Congressional Delegation from the State of Georgia in the United States Congress is hereby urged to prevail upon the United States Department of Defense to make canned poultry and poultry products a compulsory part of the diet of the members of the Armed Forces not less than twice a week.

MONDAY, FEBRUARY 5, 1962

1117

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to each member of the United States Congressional Delegation from the State of Georgia in the United States Congress.

By unanimous consent, the following Resolutions of the House were read and adopted:

HE 594. By Messrs. Wilkes of Cook, Smith of Emanuel, Moorman of Lanier, and others:
A RESOLUTION
Extending sympathy to Honorable Louis T. Raulerson, on the pass ing of his mother; and for other purposes.
WHEREAS, the mother of Honorable Louis T. Raulerson, Repre sentative from Echols County passed away on February 2, 1962; and
WHEREAS, she was an outstanding citizen of her community and was beloved by all;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest sympathy is hereby extended to Honorable Louis T. Raulerson upon the passing of his mother.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Louis T. Raulerson.

HR 602. By Messrs. Parker of Ware, Williams of Coffee and Smith of Emanuel:
A RESOLUTION
Commending the Honorable Ben A. Hodges of Ware County; and for other purposes,
WHEREAS, the Honorable Ben A. Hodges of Waycross, Georgia has compiled an outstanding record of civil service to his community and State while serving in this body; and
WHEREAS, he has recently been appointed Judge of the Waycross Judicial Circuit; and
WHEREAS, the members of the General Assembly express their deep regrets upon losing such a devoted public servant, whose character and integrity is beyond reproach.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES to highly commend the Honorable Ben A. Hodges

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JOURNAL OF THE HOUSE,

of Waycross, and to convey their wholehearted best wishes to him on his being appointed Judge of the Waycross Judicial Circuit, one of the most highly respected positions in this State.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to the Honorable Ben A. Hodges.

HR 603. By Messrs. McCutchen of Gilmer, Poole of Pickens, Otwell of Forsyth, and others:
A RESOLUTION
Commending Hugh Carney; and for other purposes.
WHEREAS, Honorable Hugh Carney, a member of the State Board of Pardons and Paroles, has performed invaluable service while serving on said Board; and
WHEREAS, he has been responsible for instituting a number of outstanding programs relative to pardons and paroles and probation, among them being the establishment of the statewide probation system, pardons for first offenders, and the fifteen year rule for persons serving life sentences; and
WHEREAS, he has worked diligently and successfully in order to increase the qualifications and compensation of parole and probation officers, thereby attracting better men for these demanding positions; and
WHEREAS, he has been a devoted public servant with a dedicated interest in the job for which he was chosen;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Hugh Carney, member of the State Pardons and Paroles Board, is hereby commended for his service to the State as aforesaid, and sincerest congratulations are hereby ten dered for his successful fulfilling of the duties of his office.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Hugh Carney.

HR 604. By Mr. Bynum of Rabun:
A RESOLUTION
Relative to the Burlington Industries in the State of Georgia; and for other purposes.
WHEREAS, the Burlington Industries, the Nation's largest manu facturer of textiles, have located in various counties of this State; and

MONDAY, FEBRUARY 5, 1962

1119

WHEREAS, such industries have stimulated employment and im proved the economic growth and stability of these counties and of this State; and

WHEREAS, these industries have been instrumental in promoting and fulfilling better community life for the peoples of these counties; and

WHEREAS, not only have these industries improved and enhanced the living conditions of the peoples of these counties but, by locating in these counties, such industries have brought in many executives and other personnel who have greatly contributed to the betterment of the community and whose friendship and good will are held in high esteem by the citizens of this State; and

WHEREAS, the Burlington Industries have more recently merged with the James Lees & Sons Company, with facilities located in Rabun and Lumpkin Counties, known far and wide for its production of "Heavenly Carpets"; and

WHEREAS, these industries are continually striving to do every thing possible to stimulate and promote the economic growth and de velopment of Rabun and Lumpkin Counties and this State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA to highly commend the Burlington Indus tries of Rabun and Lumpkin Counties and of other counties of this State at large in their continuing efforts to assist in promoting and expand ing the rapid economic growth and prosperity of the State of Georgia and to extend to the Burlington Industries best wishes for their con tinued economic success and expansion.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to send appro priate copies of this Resolution to the officers of the various Burlington Industries of this State, and to the officers of James Lees & Sons Co.

HR 605. By Mr. Barrett of Cherokee:
A RESOLUTION
WHEREAS, the Order of DeMolay has as its basic purpose, the creation of standards of character and ideals of citizenship; and
WHEREAS, it is the aim of the Order of DeMolay to bring its program of character training directly to the largest possible number of young men who are destined to be outstanding citizens in their re spective communities; and
WHEREAS, through various community service projects such as traffic safety, blood donation, civil defense, anti-communism and numer-

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cms other civic projects DeMolay chapters all over Georgia are working for the betterment of their respective communities; and

WHEREAS, the General Assembly of the State of Georgia wishes to recognize the Order of DeMolay as a great reservoir of excellent young men approaching maturity;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it extend its appreciation for the mag nificent service rendered to Georgia's young men and communities by the Order of DeMolay during its forty-one years of life in Georgia; and

BE IT FURTHER RESOLVED THAT THE GENERAL ASSEM BLY OF THE STATE OF GEORGIA officially proclaim April 28, 1962 to be "DeMolay Day" in Georgia and that the same be duly proclaimed by the Governor of Georgia.

HR 606. By Mr. Bozeman of Thomas:
A RESOLUTION
Extending birthday wishes to Mrs. Betty Spratlin; and for other purposes.
WHEREAS, Wednesday, January 31, 1962 was the birthday of Mrs. Betty Spratlin, secretary in the Office of the Clerk of the House of Representatives; and
WHEREAS, during the interim period between the 1961 and 1962 session she rendered invaluable service to the House and Senate Educa tion Committees, and the House University System Committee; and
WHEREAS, her courtesy and charm are exceeded only by her beauty;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that best wishes and many happy returns are hereby extended to Mrs. Betty Spratlin.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mrs. Betty Spratlin.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

MONDAY, FEBRUARY 5, 1962

1121

HB 9. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act regulating the sale of fireworks, so as to remove certain exceptions to the provisions of said Act; and for other purposes.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the Senate to wit:

SR 128. By Senator Jackson of the 24th:
A Resolution proposing an amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department; and for other purposes.

Under the General Order of Business, established by the Committee on Rules the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 470-935. By Messrs. Dicus of Muscogee, and Pickard of Muscogee and Wickham of Muscogee:
A Resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County, Georgia; and for other pur poses.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Black Boggs Bowen of Toombs Boyett Brackin Branch

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JOURNAL OF THE HOUSE,

Brantley Brown Budd Busbee Bynum Caldwell Chandler Clark of Catposa Cloer Coiling Conner Cox Crowe Gulpepper Davis Deen Dicus Dollar Dorminy Duncan of Fannin Duncan of Carroll Punn Echols Fitzgerald Fleming Fordham Fowler of Treutlen Hale Hall of Lee Harrell Henderson Hill Horton Howard Hull Johnson Joiner Jones of Liberty Jones of Sumter

Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King . Kirkland Knight of Laurens Langford Lewis of Wilkinson Loggins Lowrey Matthews of Clarke Matthews of Colquitt McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morris Moss Mullis Murphy NeSmith Odom Otwell Pannell Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Potts Roberts

Rogers of Paulding Ross Rutland Sangster Scarborough Sheffield Simmons Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Strickland Stuckey Tamplin Taylor of Dawson Taylor of Bibb Thorn ton Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Blalock Bolton Bowen of Randolph
Bozeman Brooks of Oglethorpe Brooks of Fulton
Chance Clarke of Monroe
Cocke Coker Crawford Dickey Doster

Flexer Floyd Flynt Fowler of Douglas Funk Fuqua Greene Hall of Floyd Hodges Hurst Jones of Worth Jones of Lumpkin Keyton Knight of Berrien

Lane Lee of Clinch Lee of Clayton Lewis of Burke Lokey Lovett Mackay Massee McClelland McCracken McGarity Moate Morgan Newton

MONDAY, FEBRUARY 5, 1962

1123

Paris Parker of Screven Parker of Ware Parker of Appling Payton Phillips of Walton Pickard Purcell Rainey Raulerson Rodgers of Charlton

Roper Rowland Scoggin Shuman Simpson Smith of Brantley Stevens Story Tabb Taylor of Decatur Teague

Todd Twitty Walker of Lowndes Ware Wells of Camden Wickham Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 132, nays 0.

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

HR 536-1034. By Mr. Kirkland of Tattnall:

A Resolution renaming Reidsville State Park so that hereafter said Park

shall be known as Gordonia Alatamaha State Park; and for other

purposes.

.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bowen of Randolph Bowen of Toornbs Boyett

Brackin Brantley Brown Budd Busbee Bynum Caldwell Chance Chandler Collins Conner Cox Crawford Crowe Culpepper Davis

Been Dickey Dollar Duncan of Fannin Dunn Fitzgerald Flexer Fordham Fowler of Treutlen Hall of Lee Harrell Henderson Horton Howard Hull Johnson

1124

JOURNAL OF THE HOUSE,

Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lewis of Wilkinson Lowrey Massee Matthews of Clarke Matthews of Colquitt McCutchen McDonald Melton Milhollin Miller

Mixon Moate Morris Moss Mullis Murphy Ne Smith Newton Odom Otwell Pannell Parker of Screven Pelham Phillips of Columbia Phillips of Bibb Poole Potts Rainey Roberts Rogers of Paulding Sangster Scarborough Sheffield Shuman Simmons

Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Striekland Stuckey Tamplin Teague Thornton Tucker Undercofler Underwood of Taylor Vaughn Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson Woodward Young

Those not voting were Messrs.:

Adams Birdsong Boggs Bolton Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Dicus Dorminy Doster Duncan of Carroll Echols Fleming Floyd Flynt Fowler of Douglas Funk Fuqua Greene Hale Hall of Floyd Hill

Hodges Hurst Jones of Lumpkin Keyton Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Burke Loggins Lokey Lovett Mackay McClelland McCracken McGarity Moore Moorman Morgan Paris Parker of Ware Parker of Appling Farmer Pay ton Phillips of Walton Pickard Purcell Raulerson

Rodgers of Charlton Roper Ross Rowland Rutland Scoggin Simpson Singer Smith of Brantley Smith of Whitfield Stevens Story Tabb Taylor of Bibb Taylor of Decatur Taylor of Bibb Todd Twitty Underwood of
Montgomery Walker of Lowndes Ware Wells of Camden Wickham Williams of Hall Willingham Mr. Speaker

MONDAY, FEBRUARY 5, 1962

1125

On the adoption of the Resolution, the ayes were 123, nays 0.

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

HB 959. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend Code Chapter 92-14 relating to the "Motor Fuel Tax Law"; and for other purposes.

The following Committee substitute was read and adopted:
COMMITTEE SUBSTITUTE OF THE HOUSE WAYS AND MEANS COMMITTEE FOR HOUSE BILL 959:
A BILL
TO BE ENTITLED
An Act to amend Chapter 92-14 of the Code of Georgia, as amended, known as the "Motor Fuel Tax Law"; to amend Section 92-1402, as amended, to redefine the terms "Motor Vehicle", "Motor Fuel" and "Kerosene"; to amend Section 92-1403, as amended, by redefining the terms upon which the present tax of one cent per gallon shall be levied upon kerosene, and by providing that such tax shall be allowed as a credit when such kerosene is subsequently sold as a motor fuel; to amend Section 92-1403, as amended, by declaring certain dealers or jobbers of motor fuel shall be deemed distributors for purposes of Chapter 92-14; to amend Section 92-1403, as amended, to provide for an exemption from the motor fuel tax of six and one-half cents per gallon on specified terms and conditions; to amend Paragraph (H) of Section 92-1403, as amended, exempting the sale or use of benzol from the motor fuel tax under specified conditions by striking the same in its entirety; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Paragraphs (A), (B) and (C) of Section 92-1402 of the Code of Georgia, as amended, defining the terms "Motor Vehicle", "Motor Fuel" and "Kerosene", are hereby amended by striking said Paragraphs in their entirety and inserting the following Paragraphs in lieu thereof so that after amendment said Paragraphs (A), (B) and (C) shall read as follows:
"(A) 'Motor Vehicle' shall mean and include any form of ve hicle, machine or mechanical contrivance which is propelled by any form of engine or motor which utilizes fuel.
"(B) 'Motor Fuel' shall mean and include --
"(1) All products commonly or commercially known or sold as

1126

JOURNAL OF THE HOUSE,

gasoline; and, in addition, all other products which are chiefly
used as a fuel for the propulsion of motor vehicles on the public highways.

"(2) All other liquid petroleum products which are susceptible
of use as a fuel for the propulsion of motor vehicles, including kero sene.

"(C) 'Kerosene' shall mean that liquid petroleum products

1

which is commonly known as kerosene, and shall also mean and in

clude all other liquid petroleum products which meet the standards

and specifications for kerosene as prescribed by the State Revenue

Commissioner under Code Section 73-216."

Section 2. Paragraph (B) of Section 92-1403 of the Code of Geor gia, as amended, imposing a tax on the sale of kerosene, is hereby amended by striking the same in its entirety and inserting the follow ing Paragraph in lieu thereof, so that after amendment said Paragraph (B) shall read as follows:

"(B) Kerosene -- Upon the sale or use of kerosene by them
within this State, at the rate of one cent per gallon, to be computed in the manner hereinafter in this Chapter set forth, when neither sold for use nor used for the propulsion of motor vehicles on the public highways. If such tax has been paid on kerosene which is subsequently either sold for use or used for the propulsion of motor vehicles on the public highways, such tax shall be a credit against the tax imposed under Paragraph (A) of this section."

Section 3. Paragraph (C) of Section 92-1403 of the Code of Geor gia, as amended, defining persons considered distributors, is hereby amended by adding at the end therof a new subparagraph (2) as follows:

"(2) Any dealer or jobber who shall purchase in excess of 500 gallons in any calendar month of those motor fuels specified in subparagraph (2) of Section 92-1402 (B) shall be considered a distributor of such motor fuels for the purposes of taxation, and make the same reports, pay the same taxes, post the same bond, secure the same licenses, and be subject to all other provisions of this Chapter; provided that a dealer or jobber shall not be deemed a distributor of those motor fuels specified in subparagraph (1) of Section 92-1402 (B) unless licensed as such by the State Revenue Commissioner."

so that when so amended, Paragraph (C) of Code Section 92-1403 shall read as follows:
"(C) Persons considered distributors. -- Any person who shall receive motor fuel and/or kerosene, in such form and under such circumstances as shall preclude the collection of the tax provided for in this Chapter from the distributor, and shall thereafter sell, use or consume, or dispose of in any manner and/or under such cir cumstances as shall render such disposition subject to said taxes, shall be considered as a distributor for purposes of taxation, and

MONDAY, FEBRUARY 5, 1962

1127

shall make the same reports, pay the same taxes, and be subject to all other provisions of this Chapter relating to distributors of such fuels. This provision shall include the receipt of motor fuel and/or kerosene previously exported in any quantity by any means what soever from this State and subsequently brought back into Georgia for sale, use or consumption.

"(1) Every distributor of motor fuels defined in this Chapter shall add the amount of the taxes levied and assessed by this Chapter to the price of such motor fuels, it being the purpose and intent of this provision that the tax levied under the provisions of this Chapter is in fact a levy on the consumer, and the levy on distribu tors as specified in said Chapter is merely as agent of the State for collection of said tax. This provision shall in no way affect the method of collection of said taxes as specified in this Chapter. The distributor may state the amount of the taxes separately from the price of such motor fuels on all price display signs, sales or delivery slips, bill and statements, which advertise or indicate the price of such motor fuel products.
"(2) Any dealer or jobber who shall purchase in excess of 500 gallons in any calendar month of those motor fuels specified in subr paragraph (2) of Section 92-1402 (B) shall be considered a distrib utor of such motor fuels for the purposes of taxation, and make the same reports, pay the same taxes, post the same bond, secure the same licenses, and be subject to all other provisions of this Chapter; provided that a dealer or jobber shall not be deemed a distributor of those motor fuels specified in subparagraph (I) of Section 921402 (B) unless licensed as such by the State Revenue Commis-

Section 4. Paragraph (E) of Section 92-1403 of the Code of Geor gia, as amended, providing for an exemption from the Motor Fuel Tax on specified terms and conditions, is hereby amended by striking the same in its entirety and inserting the following Paragraph in lieu thereof, so that after amendment said Paragraph (E) shall read as follows:
"(E) Notwithstanding the provisions of Paragraph (A) of this section, the tax provided thereunder shall not be imposed upon the sale of those motor fuels specified in Paragraph (2) of Section 92-1402 (B) when such products are neither sold for use nor used for the propulsion of motor vehicles on the public highways; pro vided, however, that the exemption contained in this Paragraph (E) shall not be allowed unless the distributor making such sales can prove that such motor fuels were neither sold for use nor used for the propulsion of motor vehicles on the public highways; and provided, further, however, that the exemption contained in this Paragraph (E) shall not be allowed upon the sale of such motor fuel to the ultimate consumer if the distributor making such sale shall have reasonable cause to believe that all or any portion of such motor fuel might be used for the propulsion of motor vehicles on the public highways, unless such ultimate consumer is a licensed distributor under this Chapter. A distributor may terminate his liability for the collection and remittance of said tax on those motor fuels specified in this Paragraph (E), when sold to an ultimate

1128

JOURNAL OF THE HOUSE,

consumer, or sold to a dealer purchasing 500 gallons or less of such fuel in any calendar month, by taking an affidavit, in good faith and without reasonable cause to believe that the contrary might be true, from the purchaser that such purchaser does not store, sell or use such motor fuels for the propulsion of motor vehicles on the public highways, such affidavit to be taken in such form as may be required by the State Revenue Commissioner."

Section 5. Paragraph (H) of Section 92-1403 of the Code of Geor gia, as amended, exempting the sale or use of benzol from the motor fuel tax under specified conditions is hereby stricken in its entirety.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Section 7. This Act shall become effective upon the date of its signature by the Governor.

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

Those voting in the affirmative were Messrs.:

Abney Akins
Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong
Black Blalock
Boggs Bolton Bowen of Randolph
Bowen of Toombs Bozeman Brooks of Fulton Brown Budd
Busbee Bynum Caldwell
Chance

Clark of Catoosa Cloer
Cocke Coker Collins Cox Crawford Crowe Davis Deen Dickey
Dicus Dorminy
Duncan of Fannin Duncan of Carroll Dunn
Echols Fitzgerald Flexer Flynt Fordham
Funk Greene Hale
Hall of Lee

Harrell Henderson
Horton Howard Hurst Johnson Joiner Jones of Liberty Jones of Worth Jordan Keadle
Kelly Killian
King Kirkland Knight of Laurens
Lane Langford Lee of Clayton Lewis of Wilkinson Loggins
Lokey Lovett Lowrey
Mackay

MONDAY, FEBRUARY 5, 1962

1129

Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Screven

Pelham Phillips of Columbia Phillips of Walton
Phillips of Bibb Pickard Poole Potts Rainey Roberts Rodgers of Charlton
Rowland Rutland Sangster
Scarborough Shuman
Simmons Sinclair Singer Smith of Grady Smith of Fulton
Smith of Whitfield Story Strickland

Stuckey Tamplin Taylor of Bibb Thornton Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Willingham Woodward

Those not voting were Messrs.:

Adams Baughman
Boyett Brackin Branch
Brantley Brooks of Oglethorpe Chandler Clarke of Monroe Conner Culpepper Dollar Doster Fleming Floyd Fowler of Douglas Fowler of Treutlen Fuqua Hall of Floyd Hill
Hodges

Hull
Jones of Lumpkin Jones of Sumter
Keyton Kidd Killingsworth
Kimmons Knight of Berrien Lee of Clinch Lewis of Burke McDonald McGarity Paris Parker of Ware Parker of Appling Farmer Payton Purcell Raulerson Rogers of Paulding Roper

Ross Scoggin Sheffield
Simpson Smith of Brantley Smith of Habersham Steis Stevens Tabb Taylor of Bibb
Taylor of Decatur Teague Todd Undercofler Ware Wells of Camden White Wickham Wilson
Young Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 141, nays 0.

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

1130

JOURNAL OP THE HOUSE,

HB 973. By Messrs. Vaughn of Rockdale, Steis of Harris, and others:
A Bill to be entitled an Act to change the compensation of the Lieu tenant Governor; and for other purposes.

Mr. Coker of Walker offered an Amendment which was Lost.

Mr. McCracketi of Jefferson offered the following amendment:
Mr. McCracken of Jefferson moves to amend HB 973 as follows:
By adding a new paragraph to be numbered 2 (a) and to read as follows: 'The provisions of this Act shall become effective Jan uary 1, 1963.'

On the motion to adopt the amendment the roll call was ordered and the vote

was as follows:

;

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Barnett of Wilkes Barnett of Baker Barrett Baughman Black Boggs Bowen of Randolph Bowen of Toombs Bozeman Branch Brantley Brown Budd Busbee Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Crowe Culpepper Davis Been

Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fordham ; Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hurst Joiner Jones of Liberty Jordan Keadle Kidd Kimmons King

Kirkland ^ a; .

Knight of Laurens

Knight of Berrien

Lane

Langf ord

.Lewis of Burke :

Loggins

Lovett

Lowrey

;

Mackay

Matthews of Colquitt

McCracken

McCutchen

McDonald

Melton

Milhollin

Moate

Moore

Moorman

Morgan

Murphy

NeSmith

Newton

Odom

Otwell

Pannell

Parker of Ware

Parker of Appling

Farmer

MONDAY, FEBRUARY 5, 1962

1131

Phillips of Walton Phillips of Bibb Pickard Poole Potts Rainey Rogers of Paulding Rowland Rutland Sangster Scarborough Scoggin Sinclair

Smith of Fulton Smith of Whitfield Steis Story Strickland Stuckey Taylor of Dawson Teague Thornton Todd Tucker Underwood of Taylor Vaughn

Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Young

Those voting in the negative were Messrs.:

Andrews of Hall Bynum Chandler Dunn Flynt Horton Jones of Worth

Kelly Lewis of Wilkinson Massee Mixon Mullis Roper Sheffield

Simmons Smith of Habersham Taylor of Bibb Willingham Wilson Woodward

Those not voting were Messrs.:

Arnsdorff Ballard Barber Birdsong Blalock Bolton Boyett Brackin Brooks of Oglethorpe Brooks of Fulton Clarke of Monroe Conner Cox Crawford Fleming Flexer Floyd Fuqua Hodges Hull Johnson

Jones of Lumpkin Jones of Sumter Keyton Killian Killingsworth Lee of Clinch Lee of Clayton Lokey Matthews of Clarke McClelland McGarity Miller Morris Moss Paris Parker of Screven Payton Pelham Phillips of Columbia Purcell Raulerson

Roberts Rodgers of Charlton Roper Ross Shuman Simpson Singer Smith of Grady Smith of Brantley Stevens Tabb Tamplin Taylor of Decatur Twitty Undercofler Underwood of
Montgomery Ware Wells of Camden Mr. Speaker

On the motion to adopt the amendment to HB 973 the ayes were 125, nays 20.

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

1132

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Barrett Baughman Black Blalock Boggs Bowen of Randolph Bozeman Brackin Brantley Brooks of Fulton
Busbee Bynum Caldwell Chance Chandler Collins Culpepper Davis Deen Dorminy Duncan of Carroll Echols Flynt Fordham

Fowler of Douglas Fowler of Treutlen Funk Harrell Henderson Hill Horton Howard Jones of Lumpkin Jordan Kelly Kidd Kimmons Knight of Laurens Lane Langford Lee of Clayton Lovett Lowrey Mackay Massee Matthews of Clarke McCracken Melton Milhollin Miller Moate Morgan Moss Murphy

Those voting in the negative were Messrs.:

Abney Andrews of Stephens Barnett of Baker Bowen of Toombs
Branch Brown Cloer Cocke Coker Crowe Dickey Dicus Dollar Doster Duncan of Fannin Dunn Fitzgerald

Flexer Greene Hale Hall of Lee Hurst Johnson Joiner Jones of Liberty Jones of Worth Keadle Killian Killingsworth King Kirkland Lewis of Wilkinson Lewis of Burke Loggins

Newton Parker of Ware Farmer Phillips of Walton Phillips of Bibb Pickard Poole Potts Rainey Rutland Simmons Smith of Fulton Smith of Habersham Steis Story Strickland Stuckey Taylor of Dawson Taylor of Bibb Todd Tucker Vaughn Waldrop Walker of Lowndes Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Williams of Hall
McCutchen McDonald Mixon Moorman Mullis NeSmith Odom Otwell Pannell Parker of Screven Parker of Appling Pelham Rogers of Paulding Roper Rowland Sangster Scarborough

MONDAY, FEBRUARY 5, 1962

1133

Sheffield Sinclair Singer Smith of Whitfield Stevens Tamplin

Teague Thornton Underwood of Taylor Walker of Telfair Watson White

Willingham Wilson Woodward Young Mr. Speaker

Those not voting were Messrs.:

Barber Birdsong Bolton Boyett Brooks of Oglethorpe Budd Clark of Catoosa Clarke of Monroe Conner Cox Crawford Fleming Floyd Fuqua Hall of Floyd Hodges Hull

Jones of Sumter Keyton Knight of Berrien
Lee of Clinch Lokey Matthews of Clarke
McClelland McGarity Moore Morris Paris Payton Phillips of Columbia Purcell Raulerson Roberts Rodgers of Charlton

Ross Scoggin Shuman Simpson Smith of Grady Smith of Brantley Tabb Taylor of Decatur Twitty Undercofler Underwood of
Montgomery Ware Wells of Camden Mr. Speaker

On the passage of the Bill, as amended, the ayes were 90, nays 67.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Vaughn of Rockdale served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 973 the requisite consti tutional majority.

Under the General Order of Business, established by the Committee on Rules, the following Bill and Resolution of the House were again taken up.

HR 371-768. By Messrs. Kidd of Baldwin and Thornton of Bibb:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1134

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

Article V, Section I, Paragraph XV of the Constitution, as amended, is hereby amended by striking said Paragraph in its entirety and in serting in lieu thereof a new Paragraph XV to read as follows:

"Paragraph XV. 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 notwithstanding his veto; and if any Bills should not be re turned by the Governor within five days (Sundays excepted) after
it has been presented 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 ex cepted) 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,appropria tion, in the same Bill, and the latter shall not be effectual, unless passed by two-thirds of each House.

"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 orig inated, together with a list of reasons, if any, for such veto. Such
transmission shall be made within thirty-five (35) 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 (10) days of the next regular Session of the General Assembly for the purpose of over riding 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 Gen eral Assembly upon receiving such Bill to dispense with all business that is then being considered 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."

SECTION 2

When the above proposed amendment to the Constitution shall have
been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro-

MONDAY, FEBRUARY 5, 1962

1135

posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto.

"Against ratification of amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following amendments were read and adopted:
Thornton of Bibb moves to amend HR 371, as follows:
By adding at the end of Section I thereof, between the period and the quotation mark the following language:
"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 Assembly last acting upon such bill."
Odom of Dougherty, Twitty of Mitchell moves to amend HF 371, as follows:
By adding a paragraph at the end of Section I of said Resolution, said paragraph to become a part of Paragraph XV as set out in said Section I, to read as follows:
"Provided, however, that any bills that are vetoed by the Gover nor after the adjournment of the regular session of the General Assembly immediately preceeding the general election in which the Governor is elected, shall be subject to be overridden by the next regular session of the General Assembly."

1136

JOURNAL OF THE HOUSE,

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Bowen of Randolph Bowen of Toombs Boyett Bozeman Brantley Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Cloer Coker Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey Dicus Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn

Echols Fitzgerald Flexer Fordham
Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd . Harrell
Henderson Hill Horton Howard Johnson
Joiner Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Sumter
Jordan Keadle Kelly Kidd Killian King Knight of Laurens Knight of Berrien Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald
Melton Milhollin
Miller

Mixon
Moate Moore Moorman Morgan Morris Mullis Murphy Newton
Odom Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Sinclair
Smith of Grady Smith of Habersham
Smith of Whitfield Steis Stevens Story Strickland Stuckey Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton

MONDAY, FEBRUARY 5, 1962

1137

Todd Twitty Undercofler Vaughn Waldrop Walker of Lowndes Walker of Telfair

Ware
Watson Wells of Peach Wells of Oconee White Wickham Wilkes

Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Senators:

Andrews of Stephens Kirkland

NeSmith Pannell

Underwood of Taylor

Those not voting were Messrs.:

Bolton Brackin
Branch Brooks of Oglethorpe Clark of Catoosa Clarke of Monroe
Cocke Doster Fleming Floyd Flynt
Fuqua Hodges Hull Hurst Keyton

Killingsworth Kimmons Lane
Lee of Clinch
Lokey Lovett Mackay McClelland
McGarity Moss
Otwell Paris Purcell Rainey Raulerson Rogers of Paulding

Roper Ross Sheffield Simpson Singer Smith of Brantley
Smith of Fulton Tabb Taylor of Decatur
Tucker Underwood of
Montgomery Wells of Camden Woodward

On the adoption of the Resolution, as amended, the ayes were 154, nays 5.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

Mr. Kirkland of Tattnall stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".

The Speaker introduced the Speaker of the House of Representatives for the States of Florida, Honorable Mallory Home.

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide for the manner in which certain funds shall be expended, and for other purposes.

1138

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

By: Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A BILL
To be entitled an Act to amend an Act known as the "Mininum Foundation Program of Education Act:", approved February 25, 1949 (Ga. Laws 1949, p. 1406), as amended by an Act approved December 17, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 206), and an Act approved March 13, 1957 (Ga. Laws 1957, p. 651), so as to provide that the State Board of Education shall calculate the financial ability of each local unit of administration to support the mininum foundation program in the Spring of 1962 for the school year of 1963-64; to provide that the calculation for succeeding school years shall be done in a like manner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act known as the "Minimum Foundation Program of Education Act", approved February 25, 1949 (Ga. Laws 1949, p. 1406), as amended by an Act approved December 17, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 206), and an Act approved March 13, 1957 (Ga. Laws 1957, p. 651), is hereby amended by striking the first sentence of the first paragraph of Section 13 of said Act and inserting in lieu thereof the following sentences:
"The State Board of Education shall calculate in the Spring of 1962 the financial ability of each local unit of administration to support the minimum foundation program for the school year of 1963-64. This calculation shall be made as prescribed below based on the economic index as prescribed below, for each county in the State for the year 1962 and the seven-mill tax levy as prescribed below on the State School tax digest for the year 1962. The calcu lation for succeeding school years shall be done in a like manner.",
so that when so amended said paragraph shall read as follows:
"Section 13. The State Board of Education shall calculate in the Spring of 1962 the financial ability of each local unit of admin istration to support the minimum foundation program for the school year of 1963-64. This calculation shall be made as prescribed below based on the economic index as prescribed below, for each county in the State for the year 1962 and the seven-mill tax levy as pre scribed below on the State School tax digest for the year 1962. The calculation for succeeding school years shall be done in a like man ner. The financial ability of each local unit of administration shall be calculated as follows:"

MONDAY, FEBRUARY 5, 1962

1139

SECTION 2

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

The following amendment to the Committee substitute was read and adopted:
Hall of Floyd moves to amend Committee Substitute for HB 126, as follows:
By striking from the first paragraph quoted in Section 1 of said Act the last figure "1962" and inserting in lieu thereof the figure "1961"; and
By striking from the second sentence of the second paragraph in said section, cited as "Section 13", the last figure "1962" and inserting in lieu thereof the figure "1961".
By adding a new section titled Section 2a, entitled Legislative In tent, as follows:
"The intent of this legislation is to provide a one year delay in the application of the required local effort and the economic index. The purpose of this Bill is to require that the State Board of Education let the local school systems know one year in advance what their required local effort will be."

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 pass age of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Barnett of Baker Barrett
Baughman

Birdsong Black Blalock Boggs
Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch
Brantley

Brooks of Oglethorpe Brooks of Fulton Brown Budd
Busbee Bynum Caldwell Chandler Clark of Catoosa
Cocke

1140

JOURNAL OF THE HOUSE,

Coker Collins Cox Crawford Crowe Culpepper Davis Dollar Dorminy Duncan of Fannin Duncan of Carroll Echols Flexer Fordham Fowler of Treutlen Funk Greene Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Jones of Sumter Jordan Keadle Kelly Kidd Killian Kirkland Knight of Laurens Lane Langford Lee of Clayton

Lewis of Wilkinson Loggins Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McDonald Melton Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell Parker of Screven Parker of Ware Parker of Appling Phillips of Bibb Poole Potts Purcell Rainey Roberts "Rodgers of Charlton Ross Rowland

Rutland Sangster Scarborough Sheffield Simmons Sinclair Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Bibb Teague Todd Tucker Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Watson Wells of Peach Wells of Oconee White Wilkes Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Brackin Dickey Dunn

Fleming
Fuqua Hull

Pickard Thorn ton Wickham

Those not voting were Messrs.:

Adams Andrews of Stephens Bolton Chance Clarke of Monroe Cloer Conner Deen Dicus Doster Fitzgerald Floyd

Flynt Fowler of Douglas Hale Hill Hodges Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Keyton Killingsworth

Kimmons King Knight of Berrien Lee of Clinch Lewis of Burke Lokey Lovett McClelland McCutchen McGarity Milhollin Moss

MONDAY, FEBRUARY 5, 1962

1141

Pannell Paris Farmer Payton Pelham Phillips of Columbia Phillips of Walton Raulerson Rogers of Paulding Roper

Scoggin Shuman Simpson Singer Smith of Brantley Smith of Whitfield Stuckey Taylor of Dawson Taylor of Decatur Twitty

Underwood of Montgomery
Walker of Telfair Ware Wells of Camden Williams of Coffee Woodward Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 133, nays 9.

The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.

The Speaker announced the House recessed until 1:30 o'clock p. m.

AFTERNOON SESSION
The Speaker called the House to order.
Under the General order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 871. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend Code Section 67-1502, so as to provide that the holder of certain notes that are in default may treat the note as accelerated; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins

Andrews of Hall Arnsdorff

Barber Barnett of Wilkes

1142

JOURNAL OF THE HOUSE,

Harriett of Baker Baughman Birdsong Black Blalock Bowen of Randolph Boyett Brantley Busbee Bynum Caldwell Chance Chandler Cocke Collins Crawford Crowe Dollar Duncan of Fannin Duncan of Carroll Echols Flexer Flynt Hall of Lee Harrell Henderson

Howard Jordan Keadle Kidd Killian Kirkland Langford Lee of Clayton Mackay Massee Matthews of Clarke McCutchen McDonald Miller Moore Moorman Morgan Morris Mullis NeSmith Odom Otwell Parker of Screven Parker of Ware Payton Phillips of Bibb

Poole Potts Rainey Ross Rowland Rutland Sheffield Sinclair Smith of Fulton Steis Stevens Strickland Tabb Taylor of Bibb Thornton Tucker Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Young

Those voting in the negative were Messrs.:

Barrett
Bowen of Toombs Brooks of Oglethorpe Brown Budd Coker Dickey Dorminy Dunn

Fleming Horton Hull Kelly King Lewis of Wilkinson Loggins Lowrey Matthews of Colquitt Melton

Mixon Moate Murphy Newton Pickard Purcell Scarborough Tamplin Taylor of Dawson White

Those not voting were Messrs.:

Adams Andrews of Stephens Ballard Bolton Bozeman Brackin Branch Brooks of Fulton Clark of Catoosa Clarke of Monroe Cloer Conner Cox Culpepper

Davis Deen Dicus Doster Fitzgerald Floyd Fordham Fowler of Douglas Funk Fuqua Fowler of Treutlen Greene Hale Hall of Floyd

Hill Hodges Hurst Johnson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Keyton Killingsworth Kimmons Knight of Laurens Knight of Berrien

MONDAY, FEBRUARY 5, 1962

1143

Lane Lee of Clinch Lewis of Burke Lokey Lovett McClelland McCracken McGarity Milhollin
Moss Pannell Paris Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton

Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Sangster Scoggin Shuman Simmons
Simpson Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Story Stuckey

Taylor of Decatur Teague Todd Twitty Undercofler Underwood of
Montgomery Walker of Lowndes Walker of Telfair
Ware Wells of Camden
Wickham
Willingham Wilson Woodward
Mr. Speaker

On the passage of the Bill, the ayes were 84, nays 30.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Payton of Coweta served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 871 the requisite con stitutional majority.
HB 863. By Messrs. Bowen of Toombs, Kirkland of Tattnall and others: A Bill to be entitled an Act to amend an Act revising the State Game and Fish Laws, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.
Mr. McCutchen of Gilmer offered an amendment which was lost.
Mr. Caldwell of Upson offered an amendment which was lost.
Mr. Bowen of Toombs asked unanimous consent that HB 863 be postponed until tomorrow, February 6, 1962 and the consent was granted.
HB 863 was postponed until tomorrow, February 6, 1962.

HB 882. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to be known as the "Motor Vehicle Certifi cate of Title Act", so as to provide for the redefinition of a lienholder; and for other purposes.

1144

JOURNAL OF THE HOUSE,

Mr. Duncan of Carroll offered the following amendment:
Mr. Duncan of Carroll County moves to amend HB 882 as follows:
By striking Section 4 of said Bill in its entirety and substituting in lieu thereof a new Section to read as follows:
"Section 6. (a) Except as provided in Section 4 every owner of a vehicle, which is required to be registered in this State by law and for which no certificate of title has been issued by the Commis sioner, shall make application to the Commissioner for a certificate of title of the vehicle according to the year the vehicle was manu factured. Such application is to be made in the following manner: In the year 1963, all 1963 model vehicles shall have a certificate of title. In the year 1964, all 1964, 1962, and 1961 model vehicles shall have a certificate of title. In the year 1965, all 1965, 1960, and 1959 model vehicles shall have a certificate of title. In the year 1966, all 1966, 1958, and 1957 model vehicles shall have a certificate of title. In the year 1967, all 1967, 1956 model vehicles, and all vehicles modeled prior to 1956 shall have a certificate of title. Once a vehicle is modeled in such a year as to bring it under the provisions of this Act, such vehicle, which is thereafter required to be registered in this State, shall have a Georgia Certificate of Title. Beginning in the year 1963, all owners of vehicles which are brought into this State from a State with a Title Registration Act shall register that State's certificate of title in this State by making application to the Commissioner on the forms he prescribes.
"(b) When the owner of a vehicle is required to have a certifi cate of title, or is required to register another State's certificate of title in this State, according to this Act, the Commissioner shall not register or renew the registration of such vehicle until such certificate of title has been delivered to the Commissioner with a properly executed registration application."

On the adoption of the amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barber
Bowen of Randolph Busbee
Duncan of Carroll Fleming
Fowler of Douglas Kidd
Killian Kirkland

Loggins
McCracken Miller
Mullis Murphy
Odom Parker of Ware
Parker of Appling Farmer

Payton
Scarborough Scoggin
Smith of Grady Stevens
Waldrop Willingham
Young

Those voting in the negative were Messrs.:

Abney Akins

Andrews of Hall Ballard

Barnett of Wilkes Barnett of Baker

MONDAY, FEBRUARY 5, 1962

1145

Barrett Baughman Black Blalock Boggs Bozeman Brackin Brantley Brooks of Oglethorpe Brown Budd Bynum Caldwell Chance Clark of Catoosa Coker Collins Cox Crawford Crowe Culpepper Deen Dickey Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Flynt Fordham Greene Hale Hall of Lee Harrell

Henderson Hill Horton Howard Joiner Jones of Lumpkin Jordan Keadle Kelly Kimmons King Knight of Laurens Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay Massee Matthews of Clarke Melton Milhollin Mixon Moate Moorman Morgan Morris Moss Newton Paris Phillips of Bibb Poole Potts Purcell

Rainey Roberts Rodgers of Charlton Roper Ross Rowland Rutland Sangster Shuman Simmons Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson

Those not voting were Messrs.:

Adams Andrews of Stephens Arnsdorff Birdsong Bolton Bowen of Toombs Boyett Branch Brooks of Fulton Chandler Clarke of Monroe Cloer Cocke Conner Davis Dicus F lexer

Floyd Fowler of Treutlen Funk Fuqua Hall of Floyd Hodges Hull Hurst Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter Keyton Killingsworth Knight of Berrien Lee of Clinch Lokey

Matthews of Colquitt McClelland McCutchen McDonald McGarity Moore NeSmith Otwell Pannell Parker of Screven Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Raulerson Rogers of Paulding

1146

JOURNAL OF THE HOUSE,

Sheffield Simpson Singer
Smith of Brantley Stuckey Tamplin

Taylor of Decatur Todd Tucker
Twitty Undercofler Vaughn

Wells of Peach Wells of Camden White
Wickham Woodward Mr. Speaker

On the adoption of the amendment the ayes were 26, nays 111.

The amendment was lost.

Mr. Jones of Lumpkin offered the following amendment which was read and adopted:
Mr. Jones of Lumpkin moves to amend HB 882 by adding at the end of Section 4 (a) the following:
'Provided, however, Any person shall have the right to apply for a title on any model vehicle at any time after the passage of this Act.'

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akin
Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barnett of Baker Barrett
Baughman Black Blalock
Boggs Bowen of Randolph
Boyett Bozeman Brantley Brooks of Fulton

Budd Busbee Bynum Caldwell Chance Chandler
Clark of Catoosa Cocke Coker Collins Cox Crawford Crowe Culpepper Dickey Dollar Dorminy

Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Fordham
Fowler of Douglas Funk
Fuqua Greene Hale Hall of Lee Harrell Henderson Hill
Horton

MONDAY, FEBRUARY 5, 1962

1147

Howard Hull
Johnson Joiner
Jones of Worth Jordan Keadle Kelly Kidd Killian King
Knight of Laurens Lane
Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey
Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen McDonald Melton Milhollin

Miller Moate Moorman Morgan Morris Moss Mullis Newton Odom Otwell Paris Parker of Ware Farmer Payton Phillips of Bibb Poole Potts Purcell Rainey Roberts Rodgers of Charlton Roper Ross Rutland Sangster Scoggin Shuman Simmons Sinclair

Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland
Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Underwood of
Montgomery Walker of Telfair Ware Watson Wells of Dawson
Wells of Decatur Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Barber Brown Duncan of Carroll Kimmons Mixon

Murphy NeSmith Parker of Appling Rowland Scarborough

Underwood of Taylor Waldrop Walker of Telfair

Those not voting were Messrs.:

Adams Arnsdorff Birdsong Bolton Bowen of Toombs Brackin Branch
Brooks of Oglethorpe Clarke of Monroe Cloer Conner Davis Deen
Dicus Flexer Floyd

Flynt Fowler of Treutlen Hall of Floyd Hodges Hurst
Jones of Liberty Jones of Lumpkin
Jones of Sumter Keyton Killingsworth Kirkland Knight of Berrien Lee of Clinch Lokey McClelland
McGarity

Moore Pannell Parker of Screven Pelham Phillips of Columbia Phillips of Walton Pickard Raulerson Rogers of Paulding Sheffield Simpson Singer Smith of Brantley Stuckey
Taylor of Decatur Tucker

1148
Twitty Undercofler Vaughn

JOURNAL OF THE HOUSE,

Wells of Camden White Wickham

Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 136, nays 13.

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

Under the General Order of Business, established by the Committee, on Rules, the following Bill of the House was again taken up:

HB 883. By My Caldwell of Upson:
A Bill to be entitled an Act to amend an Act entitled an Act to make appropriations for the operation of the State Government, so as to pro vide contingent appropriations to the Department of Revenue for the purpose of carrying the Motor Vehicle Certificate of Title Act; and for other purposes.

The Speaker resolved the House into a Committee of the Whole House, desig nating Mr. M. M. Smith of Fulton as Chairman thereof, for the purpose of con sidering HB 883.

The Committee of the Whole House arose and through its Chairman reported HB 883 back to the House with the recommendation that it Do Pass.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes

Barnett of Baker Barrett Baughman Black Blalock Boggs Bowen of Randolph

Boyett Bozeman Brantley Brooks of Fulton Brown Budd Busbee

MONDAY, FEBRUARY 5, 1962

1149

Bynum Caldwell Chance Chandler Clark of Catoosa Coker Collins
Cox Crowe Culpepper Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Harrell Henderson Hill Horton Howard Johnson Joiner Jones of Worth Jordan Keadle Kelly Kidd

Killian King Kirkland Knight of Laurens Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Melton Milhollin Mixon Moate Morgan Morris Moss Mullis Murphy Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Bibb Poole Potts

Purcell Rainey Roberts Rodgers of Charlton Ross Rutland Sangster Scarborough Scoggin Shuman Simmons Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Crawford

NeSmith

Rowland

Those not voting were Messrs.:

Adams Arnsdorff Birdsong Bolton Bowen of Toombs Brackin Branch Brooks of Oglethorpe Clarke of Monroe

Cloer Cocke Conner Davis Deen Dicus Flexer Floyd Fowler of Treutlen

Hall of Floyd Hodges Hull Hurst Jones of Liberty Jones of Lumpkin Jones of Sumter Keyton Killingsworth

1150

JOURNAL OF THE HOUSE,

Kimmons Knight of Berrien Lee of Clinch Lokey McClelland McGarity Miller Moore Moorman Pannell Pelham
Phillips of Columbia

Phillips of Walton Pickard Raulerson Rogers of Charlton Roper Sheffield Simpson Singer Smith of Brantley Taylor of Decatur Teague
Tucker

Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Wells of Camden White Wickham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 3.

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

The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference:

HB 9. By Messrs. Killian of Glynn and Story of Gwinnett:
A Bill to be entitled an Act to amend an Act regulating the sale of fire works, so as to remove certain exceptions to the provisions to said Act; and for other purposes.

The following report of the Conference Committee was read:
Mr. Speaker:
The Conference Committee on HB 9 reports as follows:
The Conference Committee moves that HB 9 as originally passed by the House of Representatives do pass without the Senate amend ment by Senator Knox of the 54th, and that HB 9 as originally passed by the House of Representatives do pass with the Senate amendment by Senator Raynor of the 4th, and that the House thus recede from its position in regard to the Senate amendment by Senator Raynor, and that the Senate thus recede from its position in regard to the amend ment by Senator Knox. That is to say, the Committee moves that HB 9 as originally passed by the House of Representatives do pass as amended by the Senate amendment of Senator Raynor which provides that the effective date thereof shall be July 20, 1962.

MONDAY, FEBRUARY 5, 1962

1151

This 31st day of January, 1962.
Respectfully submitted,
/s/ Mac Pickard of Muscogee, Chairman /a/ White of 39th /s/ Killian of Glynn /s/ Story of Gwinnett /s/ Raynor of 4th

Mr. Pickard of Muscogee moved that the House adopt the report of the Conference Committee.

On the motion to adopt the Conference Committee report, the ayes were 124, nays 1.

The report of the Conference Committee, having received the requisite con stitutional majority, was adopted.

Mr. Parker of Ware filed a motion under House Rule 140 that the unfavor able report of the Committee of the following Bill of the House be disagreed to:

HB 181. By Messrs. Hodges and Parker of Ware, Young of Turner, and others:
A Bill to be entitled an Act to amend Code Section 93-307, relating to the powers of the Public Service Commission to exercise general super vision over all common carriers, railroads and related facilities, so as to provide that the Public Service Commission shall have the jurisdiction and authority to prescribe, promulgate and enforce reasonable rules and regulations relating to the safety of the public and railroad em ployees; and for other purposes.

The motion to disagree to the unfavorable report of the Committee was placed on the General Calendar.

Mr. Brooks of Fulton moved that the House do now adjourn until 9:30 o'clock a.m. tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock a.m.

1152

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 6, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker,

The following prayer was offered by Rev. Harold Sangster, Pastor, First Baptist Church, Lakeland, Georgia. Prayer:
"Almighty God, Creator and Sustainer of Life, our Heavenly Father, we bow our heads and our hearts unto Thy throne of grace and mercy with humble spirits and grateful hearts for the manifold blessings which have been showered upon us. Grant unto us as servants of thee and of the people the ability and Christian love to serve unstintingly the great cause of humanity on this earth.
During our moments of doubt, fear, despair, weakness, frailty and bewilderment when wickedness seems so rampant and strong, goodness so rare and so feeble, truth seemingly always on the scaffold, wrong always on the throne, grant us Thy power to walk ever closer to Thee.
Raise us up. Forgive us. Enhearten us. Strengthen us. Our Father God, send us forth as sons of the morning to bring Thy light to every area of our state, nation and world and to every life which touches ours.
We ask it in the dear Redeemer's Name. Amen."

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.

TUESDAY, FEBRUARY 6, 1962

1153

3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1117. By Mr. Davis of Wayne:
A Bill to be entitled an Act to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1118. By Mr. Davis of Wayne:
A Bill to be entitled an Act to amend an Act repealing the Charter for the Town of Screven and re-incorporating said Town as a City and changing the name thereof to the "City of Screven" relating to utility services; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1119. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Marion; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1120. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to amend an Act providing for the districting of Charlton County into fire protection districts, so as to provide for the delection of the provision exempting incorporated municipalities from the provisions of the Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1121. By Messrs. Duncan and Waldrop of Carroll, Rogers of Paulding, Fowler of Douglas, and Murphy of Haralson:
A Bill to be entitled an Act to amend an Act establishing an Em-

1154

JOURNAL OP THE HOUSE,

ployees' Retirement System, so as to provide the procedure whereby certain members of the Employees' Retirement System of Georgia may reestablish credits for prior service; and for other purposes.
Referred to the Committee on State of Republic.

HB 1122. By Mr. Watson of Houston:
A Bill to be entitled an Act to amend an Act incorporating the munici pality of Warner Robins, so as to give the City of Warner Robins authorization to abandon a sewer easement; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1123. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Marion County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1124. By Mr. Barnett of Baker:
A Bill to be entitled an Act to provide for compensation of the Board of Education of certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1125. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act which revised, super seded, and consolidated the laws relating to the Game and Fish Com mission, so as to change the maximum limit on the length of a minnow net; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1126. By Messrs. Smith of Whitfield, Underwood of Montgomery, Howard of DeKalb, Scoggin of Floyd and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act relating to the carrying of weapons, so as to provide that if the applicant meets certain standards the ordinary shall grant him such a license; and for other purposes.
Referred to the Committee on Judiciary.

HR 576-1126. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to relieve the Sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 6, 1962

1155

HR 577-1126. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to provide for a County Administrator of Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 578-1126. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of county officers of Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 579-1126. By Mr. Raulerson of Echols:
A Resolution proposing an amendment to the Constitution providing that motor vehicles shall not be included in the classes of tangible and intangible personal property for the purposes of taxation but shall constitute a class alone; and for other purposes.
Referred to the Committee on Ways and Means.

HR 580-1126. By Messrs. NeSmith and Hill of Meriwether: A Resolution to compensate Mrs. Homer Smith; and for other purposes.
Referred to the Committee on Appropriations.
HR 581-1126. By Messrs. NeSmith and Hill of Meriwether: A Resolution to compensate Mrs. L. R. Collins; and for other purposes.
Referred to the Committee on Appropriations.
HR 582-1126. By Messrs. Busbee and Odom of Dougherty: A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts in Dougherty County outside municipalities by the governing authority of Dougherty County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 583-1126. By Messrs. Andrews of Stephens and Purcell of Franklin: A Resolution authorizing the Governor to transfer certain islands lying in the Tugaloo River adjacent to the counties of Hart, Franklin and Stephens to the United States of America; and for other purposes.
Referred to the Committee on State Institutions and Property.

1156

JOURNAL OF THE HOUSE,

HR 584-1126. By Messrs. Duncan and Waldrop of Carroll:
A Resolution proposing an amendment to the Constitution so as to create the "Mt. Zion, Turkey Creek and Flint Corner Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 585-1126. By Mr. Smith of Habersham:
A Resolution proposing an amendment to the Constitution so as to create the Clarkesville Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1127. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to be entitled an Act to create a Board of Commissioners for Muscogee County, to be known as "Columbus-Muscogee Board of Com missioners"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1128. By Messrs. Lswis and Tucker of Burke: A Bill to be entitled an Act to provide a maximum salary for the coroner of Burke County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1129. By Messrs. Pannell of Murray, Moss of Calhoun, Akins of Union, Rowland of Johnson, Sinclair of Macon, Barber of Jackson and Hall of Lee: A Bill to be entitled an Act to repeal certain laws and parts of laws relating to the Cherokee Indians; and for other purposes.
Referred to the Committee on State of Republic.
HB 1130. By Mr. Miller of Elbert: A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the City Court of Elberton in Elbert County"; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1131. By Mr. Rowland of Johnson: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Wrightsville; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 6, 1962

1157

HR 586-1131. By Mr. Phillips of Walton:
A Resolution proposing an amendment to the Constitution so as to create the Walton Industrial Building Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 587-1131. By Messrs. Lewis and Tucker of Burke: A Resolution proposing an amendment to the Constitution so as to create the Burke County Development Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.
HR 588-1131. By Mr. Bynum of Rabun: A Resolution to provide that the State Parks Department designate an appropriate area for the arboretum and a lake at Black Rock State Park in Rabun County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 589-1131. By Messrs. Coker and Abney of Walker: A Resolution proposing an amendment to the Constitution so as to create the Walker County Development Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 590-1131. By Messrs. Adams of Polk, Lane of Bulloch, Moate of Hancock, Abney of Walker, Flexer of Glynn, Roberts of Jones and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the terms of the members of the General Assembly; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1132. By Messrs. Smith of Emanuel, Steis of Harris, Flexer of Glynn, Pickard of Muscogee, Roberts of Jones, Murphy of Haralson and Wilkes of Cook:
A Bill to be entitled an Act to fix and establish the salary and expense allowances to be paid elective Constitutional officers and other elected and appointed officials of this State; and for other purposes.
Referred to the Committee on Special Judiciary.

1158

JOURNAL OF THE HOUSE,

HB 1133. By Messrs. Panell of Murray, Smith of Grady and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act, so as to provide an appropriations for the Budget Bureau"; and for other purposes.
Referred to the Committee on Appropriations.

HB 1134. By Mr. Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act incorporating the City of Reidsville, by abolishing the present Charter of said city, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1135. By Messrs. Twitty and Collins of Mitchell:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Camilla, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1136. By Messrs. Brooks and Smith of Fulton: A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees, so as to pro vide credit for prior service with the United States Government; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1137. By Mr. Sheffield of Brooks: A Bill to be entitled an Act to create a new Charter for the City of Quitman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1138. By Mr. McGarity of Henry:
A Bill to be entitled an Act incorporating the Town of Hampton, so as to authorize assessments against abutting property owners for laying sewer lines; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 6, 1962

1159

HB 1139. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Locust Grove, so as to change the corporate limits of said town; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1140. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the Town of Locust Grove; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1141. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act incorporating the City of Dalton; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1142. By Mr. Lane of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to provide which animals might be hunted at night; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1143. By Mr. Kidd of Baldwin: A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code, so as to define a variable annuity contract; and for other purposes.
Referred to the Committee on Insurance.
HB 1144. By Mr. Steis of Harris: A Bill to be entitled an Act to amend an Act relating to the Clerk of the Superior Court of Harris County, so as to provide for clerical help; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1145. By Mr. Brooks of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta by excluding certain territory from the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

1160

JOURNAL OF THE HOUSE,

HB 1146. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, by extending the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1147. By Messrs. Williams of Hall, Taylor of Dawson, Chandler of Baldwin, Andrews of Hall, Barrett of Cherokee and others:
A Bill to be entitled an Act to fix the situs of houseboats, motorboats, sailboats and house-trailers for the purpose of ad valorem taxation; and for other purposes.
Referred to the Committee on Ways and Means.

HR 591-1147. By Messrs. Dickey, Crawford and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to create additional industrial areas in the County of Chatham; and for other purposes.
Referred to the Committee on Local Affairs.

HR 592-1147. By Mr. Brantley of Candler: A Resolution proposing an amendment to the Constitution so as to create the Candler County Industrial Authority; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 593-1147. By Messrs. Dickey and Crawford of Chatham: A Resolution relating to the erection of a monument to Button Gwinnett; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 1148. By Messrs. Smith of Fulton and Howard of DeKalb: A Bill to be entitled an Act to provide that in certain cities the govern ing authorities shall not employ or appoint any person as a member of its police force or police department for a work week longer than forty hours; and for other purposes.
Referred to Committee on Judiciary.
HB 1149. By Messrs. Massee of Pulaski, Duncan of Carroll, Lane of Bulloch, Shuman of Bryan, Walker of Lowndes, Horton of Putnam and Mullis of Bleckley: A Bill to be entitled an Act to amend an Act known as the "Georgia

TUESDAY, FEBRUARY 6, 1962

1161

Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the sale of machinery for new and expanding industry shall not be subject to the sales and use tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1150. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to provide the designation of the two representatives of Cherokee County as Position No. 1 and Position No. 2; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1151. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to authorize and empower the governing authority of certain counties to license amusement machines or devices commonly known as pinball machines and to license establishments com monly known as poolrooms which have therein pool tables, snooker tables or billiard tables; and for other purposes.
Referred to the Committee on State of Republic.

HR 607-1151. By Messrs. Story and Morgan of Gwinnett:
A Resolution proposing an amendment to the Constitution so as to create the Gwinnett Industrial Building Authority; and for other pur poses.
Referred to the Committee on Special Judiciary.

HB 1152. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act known as the Appro priations Act, so as to provide that the part of the appropriations to the Supreme Court shall be used for compensating attorneys for services rendered in the appeal for an indigent in felony cases; and for other purposes.
Referred to the Committee on Appropriations.

HR 608-1152. By Mr. Killian of Glynn:
A Resolution to compensate Reid W. Harris; and for other purposes. Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

1162

JOURNAL OF THE HOUSE,

HB 1085. By Mr. Hale of Bade:
A Bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Act; providing for refund of taxes on gasoline when used for railroad purposes other than for the propulsion of motor vehicles upon the highways; and for other purposes.

HB 1086. By Messrs. Milhollin and Williams of Coffee, Kimmons of Pierce, Deen of Bacon and Parker of Ware:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Waycross Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor-General; and for other pur poses.

HB 1087. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Allentown, so as to include the County of Twiggs in the Town Charter; and for other purposes.

HB 1088. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mclntyre, so as to change the town limits and add new territory; and for other purposes.

HB 1089. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, so as to provide that the pro visions relating to holding election for opening sounds, shall not apply to certain counties; and for other purposes.

HB 1090. By Mr. Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to provide that insurers may invest in obliga tions issued, assumed, or guaranteed by the Inter-American Delevopment Bank; and for other purposes.

HB 1091. By Mr. Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate amateur radio stations; and for other pur poses.

TUESDAY, FEBRUARY 6, 1962

1163

HB 1092. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to the time of holding Superior Court in the Tallapoosa Judicial Circuit; and for other purposes.

HB 1093. By Mr. Black of Webster:
A Bill to be entitled an Act to change the salaries of certain county commissioners and clerks in certain counties; and for other purposes.

HB 1094. By Messrs. Cox and Matthews of Clark:
A Bill to be entitled an Act to amend an Act relating to the Town of vehicle owners who operate amateur radio stations; and for other purother purposes.

HB 1095. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act to create a new Charter for the Town of Palmetto; and for other purposes.
HB 1096. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend the Voters' Registration Act, so as to repeal Section 4-A and provide in lieu thereof for places of registration in any county or municipality owned building in certain counties; and for other purposes.
HB 1097. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to require the governing authorities in certain counties to cause an audit to be made annually of the affairs of any hospital authority with whom the county has contracted; and for other purposes.
HB 1098. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act regulating certain county budgets; to eliminate the exemption of Hospital Authority from the operation of such law; and for other purposes.

HB 1099. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to prohibit a defendant litigant from filing a cross-action to proceedings brought against such litigant, if he, the said litigant, has previously settled any claim and executed a release to the party proceeding against him; and for other purposes.

1164

JOURNAL OF THE HOUSE,

HB 1100. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act relating to how suits are commenced and contents of petition, so as to regulate the filing of false and fraudulent pleadings; and for other purposes.

HB 1101. By Messrs. Matthews and Cox of Clarke, Lane of Bulloch, Ross of Lincoln and Melton of Spalding:
A Bill to be entitled an Act to authorize and empower the Board of Regents of the University System to provide for police security forces for Units of the University System; and for other purposes.

HR 562-1101. By Mr. Twitty of Mitchell:
A Resolution authorizing the conveyance of certain State property, commonly known as the Western and Atlantic Railroad property; and for other purposes.

HR 563-1101. By Messrs. Dickey, Funk and Crawford of Chatham:
A Resolution authorizing the Georgia Forestry Commission to pay com pensation to Mr. George W. Lott; and for other purposes.

HR 564-1101. By Messrs. Kidd of Baldwin, Newton of Colquitt, Wells of Peach and Matthews of Colquitt:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide qualifications for voters entitled to register and vote on the issuance of bonds to be repaid from taxes on property; and for other purposes.

HR 565-1101. By Mr. Clark of Catoosa:
A Resolution proposing an amendment to the Constitution so as to provide for sewage districts for the County of Catoosa; and for other purposes.

HR 566-1101. By Messrs. Howard and Rutland of DeKalb:
A Resolution authorizing the Governor to sell all of the right, title and interest which the State of Georgia and the State Highway Department has in certain real property in Land Lots 313 and 314 of the 18th Land District of DeKalb County; and for other purposes.

HR 567-1101. By Mr. Clark of Catoosa:
A Resolution compensating John Russell Allison; and for other pur poses.

TUESDAY, FEBRUARY 6, 1962

1165

HB 1102. By Mesirs. Thornton, Taylor and Phillips of Bibb and Killian of Glynn:
A Bill to be entitled an Act requiring local governing authorities to file notice of assessments against property owners for paving or other improvements to streets and alleys, with the Clerk of the Superior Court, before such assessments may become a lien and attach to the land; and for other purposes.

HB 1103. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits of said city; and for other purposes.

HB 1104. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits; and for other purposes.

HB 1105. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits; and for other purposes.

HB 1106. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to election precincts; and for other purposes.

HB 1107. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to the Recorders' Court; and for other purposes.

HB 1108. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, by extending the city limits; and for other purposes.
HB 1109. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to retirement of employees; and for other purposes.

1166

JOURNAL OF THE HOUSE,

HR 574-1109. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Resolution authorizing the conveyance of certain State property located in Richmond County; and for other purposes.

HB 1110. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of College Park to extend its present boundaries; and for other purposes.

HR 575-1110. By Messrs. M. Smith, McClelland and Brooks of Fulton, Mackay, Rutland and Howard of DeKalb:
A Resolution proposing an amendment to the Constitution so as to grant to the General Assembly the power to delegate to any county the right to levy a tax to build, acquire, maintain and operate and to participate with other counties, municipalities, public or private corporations in building, acquiring, maintaining and operating a system or systems of public transportation; and for other purposes.

HB 1111. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to create a system of pensions and retire ment pay for officers, deputies and employees of DeKalb County; and for other purposes.

HB 1112. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act providing in certain counties county taxes may be levied and collected for the purpose of providing reserve for public improvements and for depreciation and obsolescence of existing public buildings; and for other purposes.
HB 1113. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act to create the City of Avondale Estates; to define its limits; to provide a commission form of government; and for other purposes.

HB 1114. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to repeal an Act creating the DeKalb County Water Works Advisory Board; and for other purposes.

HB 1115. By Messrs. Barber of Jackson, Hall of Floyd, Wickham of Muscogee, Taylor and Phillips of Bibb, Lane of Bulloch, Payton of Coweta, Sheffield

TUESDAY, FEBRUARY 6, 1962

1167

of Brooks, Smith of Habersham, Mackay of DeKalb, Morgan and Story of Gwinnett and Smith of Pulton:
A Bill to be entitled an Act establishing a retirement system for teachers in the State Public Schools and other State Supported Schools, so as to provide that the Board of Trustees of the Retirement System be re quired at stated times to make available funds to establish a minimum and maximum floor for each year of service up to 40 years as of July 1, 1961 for those members retired on or before that date; and for other purposes.

HB 1116. By Mr. Flexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to proceedings prior to attest so as to specify the information that shall be stated in the affidavits made or the warrants issued for the arrest of an offender against the penal laws of this State; and for other purposes.

SB 228. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927 as amended, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefit; and for other purposes.

SB 231. By Senator Green of the 44th:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Roads and Revenue for Bade County, so as to provide for payment of traveling expenses; and for other purposes.

SB 237. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah; and for other purposes.

SB 251. By Senator Towson of the 16th:
A Bill to be entitled an Act to provide for the use of voting machines in Laurens County; and for other purposes.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 6, 1962, and submits the following:

1. HB

181. Railroad employees, safety; (Placed on Cal. to consider unfav. rpt. of Com.)

1168

JOURNAL OF THE HOUSE,

2. HB

608. City taxation, limit

3. HB

712. School bus drivers, sick leave

4. HB

724. Workmen's Compensation, amend

5. HB

730. Department of Public Safety, retirement

6. HB

738. County Boards of Education, members

7. HR 353-741. Superintendent of Schools appointed

8. HB

763. Survivors insurance, certain officials

9. HR 363-763. Revenue Anticipation Certificates

10. HR 364-763. Revenue Bonds

11. HB

784. Tax equalization, loan

12. HB

785. Confinement of minors, (p.p.)

13. HB

836. Credit unions, amend

14. HB

846. Trespassers, not jointly sued

15. HB

853. Independent school districts, support

16. HB

861. Motor Common Carriers, define

17. HB

862. Motor Contract Carriers, define

18. HB

863. Use of Baskets, rough fish

19. HB

867. Selection of jury

20. HR 424-891. Commercial Oil Well, payment

21. HR 425-891. Reed Bingham State Park

22. HB

893. Property Tax Act, amend

23. HB 24. HB

910. Teacher retirement, service fund 914. Local finance for education

25. HB

917. Labor organization, certain charges

26. HB

921. Maintenance of streets, grants

27. HR 461-922. Medical loans, repayment

28. HB

935. Militia districts, how laid out

29. HR 473-935. Death sentence, amend

30. HB

956. Beneficiary, definition

31. HB 1037. Abandonment, define

32. HB 1038. Define vagrancy, punishment

33. HB 1039. Confinement in prison

34. HB 1040. Drunkenness, define

35. HB 1066. Office Building Authority, amend

TUESDAY, FEBRUARY 6, 1962

1169

36. HR 551-1067. Governor's Mansion Committee

37. HR 558-1072. Mansion Sites Commission

38. SB

151. Holding bar examinations

39. SB

152. Return of bond

40. SB

170. Absentee vote by military

41. SB

213. Veterinary medicine, amend

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Sumter, Secretary.

Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 915. Do Pass.

Respectfully submitted,

Fowler of Douglas,

Chairman.

Mr. Fuqua of Richmond County, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following1 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1067. Do Pass. HB 766. Do Pass by Committee Substitute.
Respectfully submitted, Fuqua of Richmond, Chairman.

1170

JOURNAL OF THE HOUSE,

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chaiman, to report the same back to the House with the following recommendations:
HB 1011. Do Pass.
HB 1115. Do Pass.
Respectfully submitted,
Hall of Floyd,
Chairman.

Mr. Barber of Jackson County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 895. Do Pass by Substitute. Respectfully submitted, Barber of Jackson, Chairman.

Mr. Pickard of Muscogee County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 House with the following recommendations:
HB 974. Do Pass. HB 860. Do Pass. HR 344-735. Do Pass, as Amended.
Respectfully submitted, Pickard of Muscogee, Chairman.

TUESDAY, FEBRUARY 6, 1962

1171

Mr. Rutland of DeKalb County. Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1090. Do Pass. HB 1050. Do Pass by Substitute. HB 1069. Do Pass as Amended.
Respectfully submitted, Rutland of DeKalb, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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 House with the following recommendations:

HB 909. Do Pass, as Amended.

HB 826. Do Pass by Committee Substitute.

HB 1017. Do Pass.

HB 1100. Do Not Pass.

HB 948. Do Pass by Committee Substitute.

HB 949. Do Pass by Committee Substitute.

HB 889. Do Pass.

HB 1099. Do Pass.

HB 958. Do Pass.

Respectfully submitted,

Busbee of Dougherty,

Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following

1172

JOURNAL OF THE HOUSE,

Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

970. Do Pass.

HB 1019. Do Pass.

HB 1021. Do Pass.

HB 1055. Do Pass.

HB 1056. Do Pass, as Amended.

HB 1057. Do Pass.

HB 1070. Do Pass.

HB 1072. Do Pass.

HB 1073. Do Pass.

HB 1075. Do Pass.

HB 1083. Do Pass.

HR 559-1072. Do Pass.

Respectfully submitted,

Underwood of Montgomery,

Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources 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 House with the following recommendations:

HB 391. Do Pass.

HR 385-793. Do Pass.

Respectfully submitted,

Barrett of Cherokee, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow-

TUESDAY, FEBRUARY 6, 1962

1173

ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 930. Do Pass. HB 1018. Do Pass. HB 1101. Do Pass. HB 937. Do Pass. HB 1061. Do Pass. HR 499-970. Do Pass. HB 1002. Do Not Pass. HB 1076. Do Pass. HB 1052. Do Pass. HB 741. Do Pass. HB 1034. Do Pass. HR 105. Do Pass by Substitute.
Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Vaughn of Rockdale asked unanimous consent that the House reconsider its action in failing to give the following Bill of the House the requisite con stitutional majority:

HB 973. By Messrs. Vaughn of Rockdale, Steis of Harris and others:
A Bill to be entitled an Act to change the compensation of the Lieutenant Governor; and for other purposes.

The consent was granted and the Bill was placed on the General Calendar.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1030. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes.

1174

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of ths Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 998. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend the Charter of the City of Man chester, to fix the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1031. By Messrs. Melton and Bolton of Spalding:
A Bill to be entitled an Act to abolish the present mode of compensation of the coroner of Spalding County, known as the fee system and to provide in lieu thereof a salary for the compensation of such officer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1032. By Mr. Lokey of McDuffie:
A Bill to be entitled an Act to create the Thomson and McDuffie County Industrial Development Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 6, 1962

1175

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1033. By Mr. Doster of Wilcox:
A Bill to he entitled an Act to grant a new Charter to the City of Rochelle; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1036. By Messrs. Dicus, Wickham and Pickard of Muscogee: A Bill to be entitled an Act to provide for the examination of master and journeyman plumbers and steamfitters carrying on said vocation in all counties of a certain population; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1041. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon, so as to confirm the action of the Mayor and Council of the City of Macon in closing a portion of the Alley in Square 77 in the old City of Macon; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1176

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1042. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Macon; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1043. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Recorders' Court of the City of Macon; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1044. By Messrs. Thornton, Taylor and Phillips of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon, so as to extend the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

TUESDAY, FEBRUARY 6, 1962

1177

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

HB 1045. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend the Charter for the City of Macon, relating to insurance for employees of the City of Macon; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1046. By Messrs. Thornton, Taylor and Phillips of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the Charter of the City of Macon, so as to change the date for Macon Tax returns; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1047. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the Charter of the City of Macon, so as to provide that the Mayor of the City of Macon shall have the power to designate one or more locations for use as polling places in elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

1178

JOURNAL OP THE HOUSE,

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

HB 1048. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to be entitled an Act to amend an Act to establish a County Board of Commissioners for the County of Bibb; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1049. By Messrs. Phillips, Taylor and Thornton of Bibb: A Bill to be entitled an Act to create a public body corporate politic, as an instrumentality of the County of Bibb and City of Macon, and to be known as the Macon-Bibb County Industrial Authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1026. By Messrs. Busbee and Odom of Dougherty: A Bill to be entitled an Act to amend an Act creating and establishing a new Charter for the City of Albany, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 6, 1962

1179

HB 1024. By Mr. Boggs of Madison:
A Bill to be entitled an Act to amand an Act to incorporate the City of Ila, Madison, County, Georgia, so as to provide for a change in the terms of office for the Mayor and Councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1029. By Messrs. Busbee and Odom of Dougherty: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Albany, so as to change the limit of ad valorem taxes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1028. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, and the Ordinary of Dougherty County on a salary basis; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1180

JOURNAL OP THE HOUSE,

HB 1027. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Albany so as to change the salary of the Mayor and City Commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1006. By Messrs. Lovett and Knight of Laurens: A Bill to be entitled an Act to abolish the office of County Treasurer of the County of Laurens, to provide for the appointment and desig nation of a county depository; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1007. By Messrs. Jones and Undercofler of Sumter:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Americus; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

TUESDAY, FEBRUARY 6, 1962

1181

HB 1016. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act creating the Charter for the City of Gordon, so as to extend the city limits; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1015. By Mr. Culpepper of Talbot:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Talbot County, so as to change the compensation of the Tax Commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1014. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act to provide for four terms of the Superior Court of Dodge County, so as to provide that a term of Dodge Superior Court shall be held on the third Monday in February rather than the second Monday in January; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

1182

JOURNAL OF THE HOUSE,

HB 1013. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Eastman, so as to define the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1012. By Mr. Moore of Polk: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Polk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1010. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Watkinsville, so as to change the time for holding elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

TUESDAY, FEBRUARY 6, 1962

1183

The following message was received from the Senate through Mr. Stewart the Secretary thereof:

Mr. Speaker:

The Senate has adopted, by the requisite constitutional majority, the following Resolutions of the House to-wit:

HR 260-701. By Mr. Horton of Putnam:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Putnam County by the people; to provide for the election of the Chair man; to provide for the filling of vacancies on the Board; to provide for the submission of this amendment for rejection or ratification; and for other purposes.

HR 360-755. By Mr. Pelham of Schley:
A Resolution proposing an amendment to the Constitution so as to create the Schley County Development Authority; and for other pur poses.

HR 366-766. By Mr. Sinclair of Macon: A Resolution proposing an amendment to the Constitution so as to create the Macon County Industrial Building Authority; to provide for powers, authority, funds, purposes, and procedure connected therewith; and for other purposes.
HR 373-768. By Mr. Smith of Emanuel: A Resolution proposing an amendment to the Constitution so as to create the Emanuel County Development Authority; and for other purposes.
HR 377-744. By Mr. Raulerson of Echols: A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of a five member Board of Education from the county-at-large; and for other purposes.
HR 379-774. By Messrs. Twitty and Collins of Mitchell: A Resolution proposing an amendment to the Constitution so as to create the Mitchell County Development Authority; and for other purposes.
On the passage of the Bill, the ayes were 112, nays 0.

1184

JOURNAL OF THE HOUSE,

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

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority, the fol lowing Resolutions of the House to-wit:

HR 380-774. By Mr. Harrell of Fayette:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Fayette County by the people; and for other purposes.

HR 381-774. By Mr. Barnett of Wilkes:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire prevention districts in Wilkes County; and for other purposes.

HR 383-785. By Mr. Sangster of Dooly:
A Resolution proposing an amendment to the Constitution so as to authorize Dooly County to issue certain revenue anticipation obligations known as revenue bonds; and for other purposes.

HR 388-793. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Resolution proposing an amendment to the Constitution so as to em power Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees; and for other purposes.

HR 403-822. By Mr. Baughman of Early:
A Resolution proposing an amendment to the Constitution exempting Early County from certain taxation; and for other purposes.

HR 404-831. By Mr. Dorminy of Ben Hill:
A Resolution proposing an amendment to the Constitution so as to create the Fitzgerald and Ben Hill Development Authority; and for other purposes.

TUESDAY, FEBRUARY 6, 1962

1185

HR 411-852. By Messrs. Killian and Flexer of Glynn:
A Resolution proposing an amendment to the Constitution so as to create the Brunswick and Glynn County Development Authority; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Resolutions of the House to-wit:

HR 520. By Mr. Newton of Colquitt: A Resolution relative to hog cholera eradication; and for other pur poses.
HR 552. By Messrs. Phillips of Columbia, Smith of Emanuel, and others: A Resolution commending Hon. L. O. Mosley; and for other purposes.
HR 555. By Messrs. Smith of Emanuel, Matthews and Cox of Clarke: A Resolution requesting the Institute of Law and Government of the School of Law and the Center for Continuing Education of the Uni versity of Georgia to conduct the Third Institute for Georgia Legis lators, providing for the formation of a Program Committee; and for other purposes.
HR 568. By Mr. Smith of Emanuel: A Resolution expressing regret at the untimely passing of the Hon. Vance Custer; and for other purposes.
HR 571. By Messrs. Steis of Harris, Floyd of Chattooga and others: A Resolution expressing appreciation and recognizing the Department Commander's Conference for their efforts on behalf of all the Veterans of this State; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Bills of the Senate to-wit:

1186

JOURNAL OF THE HOUSE,

SB 224. By Senator Raynor of the 4th:
A Bill to amend an Act revising the State Game and Fish Laws, ap proved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.

SB 232. By Senator Owens of the 32nd:
A Bill to regulate the sale of eggs; to provide for the bonding and licensing of egg dealers and a procedure connected therewith; to provide for enforcement and a procedure connected therewith; to repeal con flicting laws; and for other purposes.

SB 235. By Senator Hart of the 53rd, Dykes of the 14th and others:
A Bill to amend an Act relating to payment of education grants from State and local funds to school children, approved January 31, 1961 (Ga. Laws 1961, p. 34); and for other purposes.

SB 239. By Senators Dykes of the 14th, Dailey of the llth and others:
A Bill to amend the laws relating to the State Board of Corrections and prisons approved Feb. 20, 1956 (Ga. Laws 1956, p. 161), as amended, so as to provide for the designation of first offenders honor camps; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Bills of the House to-wit:

HB 392. By Messrs. Twitty of Mitchell and Smith of Emanuel: A Bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Bills and Resolutions of the Senate to-wit:

TUESDAY, FEBRUARY 6, 1962

1187

SB 208. By Senator Mathews of the 48th:
A Bill to amend an Act requiring all judges to wear black robes while presiding in court, and providing for the keeping of flags in the court rooms, approved Feb. 25, 1953 (Ga. Laws 1953, p. 208); and for other purposes.

SR 131. By Senator Dykes of the 14th:
A Resolution proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the Cochran Independent School System and the Bleckley County School System into one consolidated school system; to create a board of education having the authority to operate said school system; to provide for the members of said board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 141. By Senator Brown of the 52nd and Senator Sanders of the 18th: A Resolution adopting a new State Song; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House Amendment to the following Bill of the Senate:

SB 86. By Senators Knox of the 54th and Sanders of the 18th:
A Bill to amend the Act creating the "Georgia Real Estate Investment Board", approved March 23, 1960 (Ga. Laws 1960, p. 1154), so as to prescribe conditions under which application fees shall be refundable; to remove provisions relating to expiration; to repeal conflicting laws; and for other purposes.

The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed.
HB 742. By Messrs. Panell of Murray, McCutchen of Gilmer and others: A Bill to amend Code Chapter 40-4, relating to the Budget Bureau, so as to create a new Budget Bureau; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators Knox of the 54th, Jones of the 23rd and Smalley of the 26th.

1188

JOURNAL OF THE HOUSE,

The Senate insists on its position on the following Resolution of the House and respectfully asks that a Committee of Conference be appointed.

HR 375-772. By Messrs. Panell of Murray; McCutchen of Gilmer and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate: Senators Knox of the 54th, Jones of the 23rd and Smalley of the 26th.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Resolution of the House and respectfully asks that a Committee of Conference be appointed.

HR 376-772. By Messrs. Pannell of Murray; McCutchen of Gilmer and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for appropriation control; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate: Senators Knox of the 54th, Jones of the 23rd and Smalley of the 26th.
The following Bill and Resolutions of the House were taken up for the purposes of considering the Senate's insistence on its position in amendment ths same:
HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, and many others: A Bill to be entitled an Act to amend an Act relating to the Budget Bureau; and for other purposes.
Mr. Wilkes of Cook moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed by the Speaker on the part of the House to confer with a like committee on the part of the Senate.

TUESDAY, FEBRUARY 6, 1962

1189

The motion prevailed and the Speaker appointed as a Committee on Con ference for HB 742 on the part of the House the following members: Messrs. Wilkes of Cook, Undercofler of Sumter, and Pannell of Murray.

HR 375-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the meetings of the General Assembly; and for other purposes.
Mr. Wilkes of Cook moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed by the Speaker on the part of the House to confer with a like committee on the part of the Senate.

The Motion prevailed and the Speaker appointed as a Committee on Con ference for HR 375-772 on the part of the House the following members: Messrs. Wilkes of Cook, Pannell of Murray and Smith of Grady.

HR 376-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for appropriation control; and for other purposes.,

Mr. Smith of Grady moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed by the Speaker on the part of the House to confer with a like committee on the part of the Senate.

The Motion prevailed and the Speaker appointed as a Committee on Con ference for HR 376-772 on the part of the House the following members: Messrs. Smith of Grady, Undercofler of Sumter and Pannell of Murray.

By unanimous consent the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 729. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act revising the Charter for the City of Fitzgerald; and for other purposes.

1190

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Senator Brown of the 52nd moves to amend HB 729 as follows:

'By striking from Section 1 of said Bill the number "834" w"8h3e5r"e.v' er it appears, and inserting in lieu thereof the number

Mr. Dorminy of Ben Hill moved that the House agree to the Senate amend ment to HB 729.

On the motion to agree, the ayes were 106, nays 0.

The Senate amendment to HB 729 was agreed to.

Under the General Order of business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 956. By Mr. McCutchen of Gilmer:
A Bill to be entitled an Act to amend an Act concerning the definition of beneficiary or beneficiaries in Public Law No. 256 of Ga. Laws of 1949, so as to amend Section II (e) of said Act to include trusts in connection with the provisions and powers of said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Barber Barnett of Baker Barrett

Baughman Birdsong Black Blalock Bowen of Randolph Brooks of Oglethorpe Brooks of Fulton Busbee

Bynum Chance Clark of Catoosa Cloer Cocke Collins Culpepper Davis

TUESDAY, FEBRUARY 6, 1962

1191

Deen Dickey Dollar Doster Duncan of Fannin
Dunn Fitzgerald
Flynt Fordham Funk Fuqua
Greene Hall of Lee
Harrell Henderson Horton Howard Hurst Johnson Joiner Jones of Liberty
Jordan Keadle
Killian Killingsworth King Kirkland Knight of Laurens Lane Lee of Clayton Lewis of Wilkinson

Lewis of Burke Lokey Lovett Lowrey Matthews of Clarke McCracken McCutchen Milhollin Miller Mixon Moate Moore Moorman Morgan Moss Mullis Murphy NeSmith Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Pickard Poole Potts Rainey

Raulerson Roberts Rodgers of Charlton Roper Rowland Sangster Scarborough Sinclair Smith of Fulton Steis Stevens Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Watson Wells of Peach White Wickham Williams of Coffee Woodward Young

Those not voting were Messrs. :

Andrews of Hall Ballard Barnett of Wilkes Boggs Bolton Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brown Budd Caldwell Chandler Clarke of Monroe Coker Conner Cox Crawford Crowe

Dicus Dorminy Duncan of Carroll
Echols Fleming Flexer
Floyd Fowler of Douglas Fowler of Treutlen Hale Hall of Floyd Hill Hodges Hull Jones of Worth Jones of Lumpkin Jones of Sumter
Kelly Keyton
Kidd Kimmons

Knight of Berrien
Langford Lee of Clinch Logging Mackay Masseo Matthews of Colquitt McClelland McDonald McGarity Melton Morris Pannell Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Purcell Rogers of Paulding
Ross Rutland

1192

JOURNAL OF THE HOUSE,

Scoggin Sheffield Shuman Simmons Simpson Singer Smith of Grady Smith of Brantley Smith of Habersham

Smith of Whitfield Story Tamplin Taylor of Decatur Teague Twitty Undercofler Walker of Lowndes Walker of Telfair

Ware Wells of Oconee Wells of Camden Wilkes Williams of Hall Willingham Wilson Mr. Speaker

On the passage of the Bill, the ayes were 116, nays 0.

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

HR 363-763. By Messrs. Brooks, McClelland and Smith of Fulton:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amend ment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA as follows:
SECTION 1
That Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, as heretofore amended by an amendment proposed by a resolution found in Georgia Laws 1947, p. 664, ratified in the general election of 1948 and amended further by an amendment proposed by a resolution found in Georgia Laws 1956, p. 257, ratified in the general election of 1956, is hereby amended by striking the" afore said amendments found in Georgia Laws 1947, p. 664, and in Georgia Laws 1956, p. 257, and substituting in lieu thereof a new paragraph in the following words, to wit:
"And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making ad ditions, extensions, alterations, or improvements in its water works system, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing in cinerators or crematories for the disposal of garbage, refuse and waste, by its sanitary department, and acquiring the necessary property therefor, either or both, may, from time to time, issue interest bearing revenue certificates to be paid solely out of the revenues derived from water or sanitary service charges respec tively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as "Water Works

TUESDAY, FEBRUARY 6, 1962

1193

Department Revenue Fund" and "Sanitary Department Revenue Fund", a sufficient sum, not to exceed forty (40%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, conversion and exchangeability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be nontaxable for any and all purposes. They shall be issued when au thorized by a majority vote of the mayor and board of aldermen, and signed by the mayor and comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incontestable and conclusive. Before issuing any such revenue certificates the mayor
and board of aldermen shall provide by resolution for the alloca tion of a percentage of the anticipated receipts necessary to pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for pay ment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon. any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation created by said certificates shall not be construed as a debt within the restriction as to debt limit of this paragraph.

SECTION 2
Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with "Ayes" and "nays" thereon, and published as required by Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next gen eral election be submitted to the people, as provided in said article, section and paragraph, for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Con stitution shall have written or printed on their ballots the words, "For

1194

JOURNAL OP THE HOUSE,

ratification of amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Geor gia of 1945, so as to authorize the issuance of revenue anticipation certificates," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratifi cation thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, and the Governor shall make a proclamation therefor, as provided by law.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Black Blalock
Bowen of Randolph Bowen of Toombs Bozeman Brackin Branch Brantley Brooks of Fulton Busbee Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Crawford

Crowe Davis Dickey Dollar Doster Duncan of Fannin Dunn Echols Fitzgerald Flynt Fordham Fowler of Treutlen Funk Fuqua Hale Hall of Lee Harrell Henderson Hill Howard Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin
Jordan Keadle Killian

Killingsworth King Kirkland Knight of Laurens Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Milhollin Mixon Moate Moorman
Morgan Mullis Murphy NeSmith Newton

TUESDAY, FEBRUARY 6, 1962

1195

Odom Otwell
Paris Parker of Screven
Parker of Ware Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole Rainey Raulerson Rodgers of Charlton Roper Rowland Rutland Sangster

Scarborough Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb

Teague Thornton Todd Tucker Twitty Underwood of Taylor Waldrop Walker of Telfair Watson Wells of Oconee Wells of Camden Wickham Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Abney Adams Barrett Birdsong Bolton Boyett Brooks of Oglethorpe Brown Budd Bynum Chandler Coker Conner
Cox
Culpepper Deen Dicus Dorminy Duncan of Carroll Fleming Flexer Floyd

Fowler of Douglas Greene Hall of Floyd Hodges Horton Hull Jones of Worth Jones of Sumter Kelly Keyton Kidd Kimmons Knight of Berrien Langford Loggins
Lowrey McGarity Melton Miller Moore Morris Moss

Pannell Parker of Appling Phillips of Columbia Pickard Potts Purcell Roberts Rogers of Paulding Ross Scoggin Sheffield Simp son Smith of Whitfield Taylor of Decatur Undercofler Vaughn Walker of Lowndes Ware Wells of Peach White Wilkes Mr. Speaker

On the adoption of the Resolution, the ayes were 139, nays 0.

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

1196

JOURNAL OF THE HOUSE,

HR 364-763. By Messrs. Brooks, McClelland and Smith of Fulton:

A RESOLUTION

Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia to authorize any county, municipal corporation or political subdivision of the State to issue and sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly of the State of Georgia approved March 31, 1937, known as the Revenue Bond Law of 1937, as amended, and as the same may hereafter be amended, and to refund any such bonds to provide funds for the purpose of carrying out slum clearance and redevelopment work, including the acquisition and clear ance of areas which are predominantly slum or blighted areas, the prep aration of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to provide that the issuing body may pledge to the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to estab lish a fund for future work, all or any part of the taxes received (ex cept such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or here after done, together with any or all other revenues from any such work and to the extent that such taxes and revenues so pledged are insuffi cient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection therewith such issuing body may pledge the full faith and credit of such issuer to make up any deficit and the issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebtedness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation on indebtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution as now or hereafter amended; and provided further that any county, municipal corporation or political subdivision other than the issuer benefiting from any such slum clearance or redevelopment work may contract with the issuer of any such revenue bonds and agree to pay such issuer all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and the interest on such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work; to provide for the submission of this amendment for ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby resolved by authority of the same, that:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, as heretofore amended, is hereby further amended by adding thereto the following proviso:

TUESDAY, FEBRUARY 6, 1962

1197

Provided that any county, municipal corporation or political subdivision of the State shall be authorized to issue and to sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly of the State of Georgia approved March 31, 1937, known as the Revenue Bond Law of 1937, as amended, and as the same may hereafter be
amended, and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and redevelopment work, including the acquisition and clearance of areas which are pre dominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. As security for the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, the issuer may pledge all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clear ance or redevelopment work, including work heretofore or here after done, together with any or all other revenues from any such project and to the extent that such taxes and revenues so pledged are insufficient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection there with, as well as to establish a fund for future work, such issuing body may pledge the full faith and credit of such issuer to make up any deficit which may exist. The issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebtedness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation on in debtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution, as now or hereafter amended. Provided further that any county, municipal corporation or political subdivision other than the issuer benefiting from any such slum clearance or redevelopment work may contract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and interest on such bonds and to create reasonable reserves in connection there with, as well as to establish a fund for future work.

SECTION 2

When this resolution shall have been agreed to by two-thirds (2/3) of the members elected to both houses of the General Assembly of Geor gia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assem bly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballot the words "For ratification of amendment to Article VII, Section VII, Paragraph V of the Constitu-

1198

JOURNAL OF THE HOUSE,

tion of the State of Georgia, as amended, authorizing any county, mu nicipal corporation or political subdivision of the State to issue and sell revenue bonds and to refund any such bonds to provide funds for the purpose of carrying out slum clearance and redevelopment work and to pledge certain taxes for that purpose." Those desiring to vote against ratification of said amendment shall have written or printed on their ballot the words "Against ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, as amended, authorizing any county, municipal corporation or political subdivision of the State to issue and sell revenue bonds and to refund any such bonds to provide funds for the purpose of carrying out slum clearance and redevelopment work and to pledge certain taxes for that purpose."
SECTION 3

This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of the State of Georgia, as amended, vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Barber Baughman Birdsong Black
Boggs Bolton Bowen of Randolph Boyett Bozeman Brackin Branch Brantley

Brooks of Oglethorpe Brooks of Fulton Budd
Busbee Bynum Chance Clark of Catoosa Clarke of Monroe Cloer Cocke
Collins Conner Crawford Crowe Culpepper Davis Been Dickey

Dollar Doster Duncan of Fannin
Dunn Echols Fitzgerald Flynt Fordham Fowler of Treutlen Funk
Fuqua Hale Hall of Lee Henderson Johnson Joiner Jones of Liberty Jones of Lumpkin

TUESDAY, FEBRUARY 6, 1962

1199

Jordan Keadle Killian Kimmons King Kirkland Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate Moorman Moss Mullis

Murphy NeSmith Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Walton Phillips of Bibb Pickard Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland Rutland Sangster Scarborough Shuman Simmons Sinclair Singer

Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wells of Camden White Williams of Coffee Wilson Woodward Young

Those not voting were Messrs.:

Ballard Barnett of Wilkes Barnett of Baker Barrett Blalock Bowen of Toombs Brown Caldwell Chandler Coker Cox Dicus Dorminy Duncan of Carroll Fleming F lexer Floyd Fowler of Douglas Greene Hall of Floyd Harrell Hill

Hodges Horton Howard Hull Hurst Jones of Worth Jones of Sumter Kelly Keyton Kidd Killingsworth Knight of Laurens Knight of Berrien Langford Loggins Lovett McGarity Morgan Morris Pannell Pelham Phillips of Columbia

Potts Rogers of Paulding Ross Scoggin Sheffield Simpson Smith of Grady Tamplin Taylor of Decatur Thornton Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Wells of Peach Wickham Wilkes Williams of Hall Willingham Mr. Speaker

1200

JOUKNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 141, nays 0.

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

SB 213. By Senator Clanton of the 7th:
A Bill to be entitled an Act to amend Code Ch. 84-15 relating to veter inarians and practice of veterinary medicine; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 724. By Messrs. Rowland of Johnson, Barrett of Cherokee and Matthews of darker
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, so as to provide for the compensation of the Chairman and other two members of the Board and persons in the employ of the Board; and for other purposes.

The following Committee amendment was read and adopted:
Mr. Speaker:
The Committee on Industrial Relations moves to amend HB 724 by striking in Section 1 of said Bill the figures sixteen thousand five hun dred ($16,500) dollars where they appear, and inserting in lieu thereof the figure fifteen thousand five hundred ($15,500) dollars, and by striking the figure sixteen thousand ($16,000) dollars as same appears and inserting in lieu thereof the figures fifteen thousand ($15,000) dollars, so that said Section when amended shall read as follows:
"The Chairman of the Workmen's Compensation Board shall be compensated in the amount of fifteen thousand five hundred ($15,500) dollars per annum, payable in semi-monthly installments, and each of the other two members of the Board shall be compen sated in the amount of fifteen thousand ($15,000) dollars per annum, payable in semi-monthly installments. The compensation of all other persons in the employ of the Board shall be fixed by

TUESDAY, FEBRUARY 6, 1962

1201

the Board, except for such persons who are under the provisions of Merit System laws and rules and regulations."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Andrews of Hall Ballard Barber Barrett Birdsong Blalock Boggs Bolton Bowen of Randolph Bozeman Brooks of Fulton Brown Bynum Chandler Clark of Catoosa Clarke of Monroe Cocke Crowe Doster Duncan of Fannin Fitzgerald Greene Hall of Lee

Hill Horton Howard Jones of Lumpkin Keadle Kidd Killian Killingsworth Knight of Laurens Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Mackay McCracken McCutchen Melton Moate Moorman Murphy NeSmith Paris Parker of Appling Farmer

Those voting in the negative were Messrs.:

Akins Arnsdorff Barnett of Baker Baughman Black Bowen of Toombs Boyett Branch Brantley Budd Busbee Chance

Cloer Culpepper Dickey Dollar Dorminy Duncan of Carroll Dunn Fleming Flynt Fordham Fowler of Douglas Fowler of Treutlen

Phillips of Columbia Poole Potts Rowland Rutland Sheffield Sinclair Smith of Brantley Smith of Fulton Steis Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Underwood of Taylor Ware Watson Wells of Peach Wells of Oconee White Willingham Wilson Young
Funk Fuqua Harrell Henderson Hull Johnson Jordan Kimmons King Lane Lee of Clinch Lowrey

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JOURNAL OP THE HOUSE,

Massee Matthews of Colquitt Milhollin Mixon Morgan Moss Mullis Newton Odom Parker of Ware Pelham

Phillips of Walton Phillips of Bibb Pickard Rainey Raulerson Roberts Rodgers of Charlton Sangster Scarborough Shuman Simmons

Smith of Habersham Story Strickland Stuckey Tucker Waldrop Walker of Lowndes Williams of Coffee Woodward

Those not voting were Messrs.:

Adams Barnett of Wilkes Brackin Brooks of Oglethorpe Caldwell Coker Collins Conner
Cox Crawford Davis Deen Dicus Echols Flexer Floyd Hale Hall of Floyd Hodges Hurst Joiner Jones of Liberty

Jones of Worth Jones of Sumter Kelly Keyton Kirkland Knight of Berrien Langford Logging Matthews of Clarke McClelland McDonald McGarity Miller Moore Morris Otwell Pannell Parker of Screven Payton Purcell Rogers of Paulding Roper

Ross Scoggin Simpson Singer Smith of Grady Smith of Whitfield Stevens Tamplin Taylor of Decatur Todd Twitty Undercofler Underwood of
Montgomery Vaughn Walker of Telfair Wells of Camden Wickham Wilkes Williams of Hall Mr. Speaker

On the passage of the Bill, as amended, the ayes were 74, nays 67.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Rowland of Johnson served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 724 the requisite consti tutional majority.

Mr. Kidd of Baldwin stated that he inadvertently voted (aye) and would like to be recorded as voting "Nay".

TUESDAY, FEBRUARY 6, 1962

1203

HB 914. By Messrs. Rutland, Mackay and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program for Education in Georgia so as to equalize educa tional opportunities throughout the State; and for other purposes.

Mr. Rutland of DeKalb offered the following amendment which was read and adopted:
House Bill 914 is hereby amended by renumbering Section 2 to be Section 3 and inserting a new section 2 to read as follows:
SECTION 2
"The effective date of this Act shall be July 1, 1962".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Ballard Barber Barnett of Baker Baughman Birdsong Black Bolton Bowen of Randolph Boyett Brantley Bynum Cloer Cocke Crowe Culpepper Davis Dickey Dicus Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols

Fordham Fuqua Hall of Lee Harrell Henderson Howard Joiner Jordan Keadle Kimmons Kirkland Lee of Clinch Lewis of Burke Mackay Milhollin Moore Moorman Moss Paris Parker of Screven Parker of Appling Payton Pelham Phillips of Walton Phillips of Bibb Poole

Purcell Rainey Raulerson Rowland Rutland Sheffield Simmons Sinclair Smith of Brantley Smith of Habersham Smith of Whitfield Steis Strickland Tabb Taylor of Bibb Teague Thornton Tucker Vaughn Watson Wells of Peach Williams of Coffee Williams of Hall Wilson Woodward

1204

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Andrews of Hall Brooks of Wilson Budd
Busbee Crawford Greene Hurst Kelly Lane Lowrey Massee

Matthews of Colquitt Miller Mixon Morgan Mullis Murphy Odom Farmer Phillips of Columbia Potts Roberts

Rodgers of Charlton Roper Scarborough Shuman Smith of Fulton Stevens Taylor of Dawson Waldrop White Young

Those not voting were Messrs. :

Adams Andrews of Stephens Arnsdorff Barnett of Wilkes Barrett Blalock Boggs Bowen of Toombs Bozeman Brackin Branch Brooks of Oglethorpe Brown Caldwell Chance Chandler Clark of Monroe Clarke of Catoosa Coker Collins Conner Cox Deen Dollar Fitzgerald Fleming Flexer Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Hale

Hall of Floyd Hill Hodges Horton Hull Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Keyton Kidd Killian Killingsworth King Knight of Laurens Knight of Berrien Langford Lee of Colquitt Lewis Loggins Lokey Lovett Matthews of Clarke McClelland McCracken McCutchen McDonald McGarity Melton Moate Morris NeSmith

Newton Otwell Pannell Parker of Ware Pickard Rogers of Paulding Ross Sangster Scoggin Simpson Singer Smith of Grady Story Stuckey Tamplin Taylor of Decatur Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Walker of Telfair Ware Wells of Oconee Wells of Camden Wickham Wilkes Willingham Mr. Speaker

On the passage of the Bill, as amended, the ayes were 77, nays 32.

The Bill, having failed to receive the requisite constitutional majority, was lost.

TUESDAY, FEBRUARY 6, 1962

1205

Mr. Rutland of DeKalb served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 914 the requisite con stitutional majority.

Mr. Abney of Walker stated that he inadvertently voted "aye" and would like to be recorded as voting "Nay".

HB 917. By Mr. Taylor of Bibb:
A Bill to be entitled an Act making it unlawful for any carrier or shipper of property or any person or association of persons to pay or agree to pay for the benefit of a labor organization certain charges; and for other purposes.

The following amendment was read and adopted:
Mr. Taylor of Bibb moves to amend HB 917 as follows:
'By striking from Section 3 the figure "1" and inserting in lieu thereof the figure "2".
By striking from Section 4 the figure "1" and inserting in lieu thereof the figure "2".'

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, as amended, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 853. By Mr. Barber of Jackson: A Bill to be entitled an Act to provide for the support of existing independent school system by municipal corporations authorized to maintain same by the Constitution of Georgia, to authorize ad valorem taxation by such municipal corporations for the support of such inde pendent school systems; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the support of existing inde-

1206

JOURNAL OP THE HOUSE,

pendent school systems by municipal corporations authorized to main tain same by the Constitution of Georgia; to authorize ad valorem taxation by such municipal corporations for the support of such inde pendent school systems, to include public school systems established by municipal corporations prior to adoption of the Constitution of 1877; to limit the purposes for which the power of taxation may be exercised in the support of such independent school systems; to provide for levy, collection and appropriation of such ad valorem taxes; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VIII, Section VII, Paragraph I of the Constitution of Georgia grants authority to municipal corporations to maintain existing inde pendent school systems and to support the same as authorized by special or general law. Every municipal corporation having an independent school system which it is permitted to maintain by Article VIII, Section VII, Paragraph I of the Constitution of Georgia, including any munici pal corporation having an independent public school system established prior to the adoption of the Constitution of 1877, is hereby authorized to support and maintain the public common schools within such inde pendent school system by levy of ad valorem taxes at such rate as may now or hereafter be fixed by law, upon all taxable property within the limits of such municipal corporation. The board of education of such municipal corporation or other authority charged with the duty of operating such independent school system shall annually recommend to the governing or fiscal authority of such municipal corporation the rate of the tax levy to be made, within the limitations now or hereafter fixed by law, upon all taxable property within the limits of the muni cipal corporation, and such taxes as levied and collected for support and maintenance of such independent school system by such governing or fiscal authority of such municipality shall be appropriated, when collected, by such governing or fiscal authority of the municipality to the board of education or other authority charged with the duty of operating such independent school system. Such funds shall be expended by the board of education or other authority charged with the duty of operating such independent school system only for educational purposes, including school lunch purposes, to-wit: payment of costs and expenses incurred in the purchase of school lunchroom supplies; purchase, re placement or maintenance of school lunchroom equipment; transporta tion, storage and preparation of foods; and all operating expenses in curred in the management and operation of school lunch programs in the public common schools of such independent school systems, but excluding however the purchase of foods.

SECTION 2

This Act shall be cumulative of all existing general and local laws authorizing municipal corporations to levy taxes for the support of independent school systems permitted to be maintained by Article VIII, Section VII, Paragraph I of the Constitution, including local or general laws authorizing municipal corporations to levy taxes for the support

TUESDAY, FEBRUARY 6, 1962

1207

of public school systems established prior to adoption of the Consti tution of 1877.

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, by subsitute, the ayes were 109, nays 0.

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

HB 836. By Mr. Fuqua of Richmond:
A Bill to be entitled an Act to amend Code Chapter 25-1 relating to credit unions, so as to provide that members of the Board of Directors may serve on the Credit Committee; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett
Baughman Black Bolton Brackin Busbee
Bynum Chance
Cocke Collins Conner Crawford Davis Deen
Dickey

Dicus Dollar Dorminy Duncan of Fannin Dunn Fitzgerald Fleming
Flynt Fowler of Douglas Funk Fuqua Hale
Hall of Floyd Harrell
Henderson Horton Hull Johnson Joiner Jones of Lumpkin
Jordan

Kelly King Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins
Lokey Lowrey Matthews of Colquitt McCracken McCutchen
Melton Milhollin
Miller Mixon Moore Moorman Morgan Mullis
Murphy

1208

JOURNAL OF THE HOUSE,

Newton Odom Otwell Paris Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Potts Rainey Raulerson

Roberts Ross Rowland Scoggin Shuman Simmons Sinclair
Smith of Fulton Smith of Habersham Steis Stevens Story Strickland Stuckey Tabb

Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Vaughn Walker of Telfair Watson Wells of Peach Wickham Williams of Coffee Willingham Young

Voting in the negative was Mr. Williams of Hall.

Those not voting were Messrs.:

Abney Adams Akins Andrews of Stephens Birdsong Blalock
Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Cox Crowe Culpepper Doster Duncan of Carroll Echols Flexer Floyd Fordham Fowler of Treutlen

Greene Hall of Lee Hill Hodges Howard Hurst Jones of Liberty Jones of Worth Jones of Sumter Keadle Keyton Kidd Killian Killingsworth Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Langford Lovett Mackay Massee Matthews of Clarke McClelland McDonald McGarity Moate Morris Moss NeSmith Pannell Parker of Screven

Farmer Poole Purcell Rodgers of Charlton Rogers of Paulding Roper Rutland Sangster Scarborough Sheffield Simpson Singer Smith of Grady Smith of Brantley Smith of Whitfield Taylor of Dawson Teague Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Ware Wells of Oconee Wells of Camden White Wilkes Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 108, nays 1.

TUESDAY, FEBRUARY 6, 1962

1209

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

The Speaker announced the House recessed until 1:30 o'clock p. m.

AFTERNOON SESSION The Speaker called the House to order.

The following communication from the Governor was received and read:
STATE OF GEORGIA
Executive Department
Atlanta
January 26, 1962
Honorable Garland T. Byrd President of the Senate
Honorable George L. Smith II Speaker of the House
State Capitol
Atlanta, Georgia
Gentlemen:
In compliance with Article V, Section I, Paragraph XI of the Con stitution of the State of Georgia, I respectfully submit herewith to your Honorable Body criminal cases in which the death sentence was sus pended by me:
State of Georgia v. Leon (Lynn) Davis and Phil Whitus; convicted of Murder in Mitchell County, Georgia and sentenced to death by elec trocution on March 17, 1961, sentence stayed for a period of thirty days on March 17, 1961, to give Pardon and Parole Board additional time to hear and pass upon said cases.
State of Georgia v. Walter Emerson Veasey; convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on May 19, 1961; sentence stayed for a period of thirty days on May 9, 1961, to give Pardon and Parole Board additional time to hear and pass upon said case.
State of Georgia v. Felix McElroy; convicted of Murder in Union County, Georgia, and sentenced to death by electrocution on November 8, 1961; sentence stayed for a period of thirty days on October 27, 1961, to give Pardon and Parole Board additional time to hear and pass upon said case.

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JOURNAL OF THE HOUSE,

State of Georgia v. Clifford Johnson, Brannon Epps and George Alford; convicted of Rape in Troup County, Georgia, sentenced to death by electrocution on December 15, 1961; sentence stayed for a period of thirty days on December 6, 1961, to give Pardon and Parole Board addi tional time to hear and pass upon said cases.
With kindest personal regards to each of you, I am

Sincerely,

SEV:lag

S. ERNEST VANDIVER Governor

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate to wit:

SR 143. By Senator Overby of the 33rd:
A Resolution to correct the spelling of the Soquee River; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:

HB 818. By Messrs. Ware and Birdsong of Troup:
A Bill to repeal an Act relative to the salaries of officials in certain counties; to enact provisions to provide for the compensation of County officials of Troup County; and for other purposes.

HB 847. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to amend an Act to establish a City Court in the City of Colum bus and for Muscogee County; and for other purposes.

TUESDAY, FEBRUARY 6, 1962

1211

HB 872. By Mr. Massee of Pulaski:
A Bill to amend an Act creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawkinsville; and for other purposes.

HB 873. By Mr. Massee of Pulaski:
A Bill creating a new charter for the City of Hawkinsville, so as to change the corporate limits of the City of Hawkinsville; and for other purposes.

HB 888. By Messrs. NeSmith and Hill of Meriwether:
A Bill to amend the charter of the City of Manchester; to provide that the governing body of said city shall consist of five commissioners; and for other purposes.

HB 894. By Messrs. Smith and Boyett of Whitfield:
A Bill to amend an Act to create the office of Commissioner of Roads and Revenues of Whitfield County; and for other purposes.

HB 901. By Messrs. Smith and Boyett of Whitfield:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Whitfield; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the followingBills of the House to wit:

HB 916. By Mr. Clarke of Monroe:
A Bill to amend an Act creating the Office of Tax Commissioner of Monroe County, relating to clerical help; and for other purposes.

HB 918. By Mr. Brown of Hart:
A Bill to amend an Act creating the office of Commissioner of Roads and Bridges, and a Board of Finance for Hart County; and for other purposes.

1212

JOURNAL OP THE HOUSE,

HB 920. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Bill to amend an Act providing for a permanent pension for em ployee of Muscogee County; and for other purposes.

HB 929. By Messrs. Dickey, Punk and Crawford of Chatham:
A Bill to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the Town of Pooler shall be affected by certain provisions thereof; and for other purposes.

HB 947. By Messrs. Ware and Birdsong of Troup:
A Bill to create the Civil and Criminal Court of Troup County in lieu of the City Court of LaGrange; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Eesolutions of the House to wit:

HR 467. By Mr. Joiner of Washington:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of a School Superintendent by the Board of Education of Washington County to serve for the unexpired term when the office is vacated because of death or otherwise; and for other purposes.

HR 469. By Mr. Smith of Grady: A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic and a public instrumentality of the City of Cairo to be known as the City of Cairo Development Authority; and for other purposes.
HR 474. By Mr. McDonald of White:
A Resolution proposing an amendment to the Constitution so as to create a body corporate and politic to be known as the "White County Industrial Building Authority"; and for other purposes.
HR 482. By Mr. McCutchen of Gilmer:
A Resolution proposing an amendment to the Constitution so as to create the Gilmer County Development Authority; and for other pur poses.

TUESDAY, FEBRUARY 6, 1962

1213

HR 487. By Mr. Barnett of .Wilkes:
A Resolution proposing an amendment to the Constitution so as to create the Washington-Wilkes Payroll Development Authority; and for other purposes.

HR 488. By Mr. Todd of Glascock:
A Resolution proposing an amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for purposes therein stated; and for other purposes.

HR 489. By Mr. Deen of Bacon:
A Resolution proposing an amendment to the Constitution so as to create the Bacon Industrial Building Authority; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to wit:

HR 451. By Mr. Paris of Barrow:
A Resolution proposing an amendment to the Constitution so as to create the Barrow County Industrial Building Authority; and for other purposes.

HR 454. By Mr. Harrell of Fayette:
A Resolution proposing an amendment to the Constitution so as to create the Peachtree City Industrial Building Authority; and for other purposes.

HR 455. By Mr. Brown of Randolph:
A Resolution proposing an amendment to the Constitution so as to create the Randolph County Development Authority; and for other purposes.

HR 460. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Resolution proposing an amendment to the Constitution to authorize Muscogee County to make appropriations from county funds not derived from ad valorem taxation to promote industry and attract tourists; and for other purposes.

1214

JOURNAL OF THE HOUSE,

HE 463. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution providing that the General Assembly may grant the right to the governing authority of Hall County to construct and repair sanitary sewers in Hall County; to assess abutting property owners; and for other purposes.

HR 464. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commis sioners of Roads and Revenues of Hall County to enact ordinances for the policing and governing of said county; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House to wit:

HR 409. By Mr. Sinclair of Macon:
A Resolution proposing an amendment to the Constitution so as to provide for the election by the people of members of the Board of Education of Macon County; and for other purposes.

HR 415. By Mr. Wells of Camden:
A Resolution proposing an amendment to the Constitution so as to create the Kingsland Development Authority; and for other purposes.

HR 416. By Mr. Knight of Berrien:
A Resolution proposing an amendment to the Constitution so as to create the Berrien County Industrial Building Authority; and for other purposes.

HR 418. By Mr. Rowland of Johnson:
A Resolution proposing an amendment to the Constitution so as to authorize governing body of Johnson County to levy an annual ad valorem tax; and for other purposes.

HR 421. By Mr. Wells of Peach:
A Resolution proposing an amendment of the Constitution so as to authorize the County Board of Education of Peach County to borrow

TUESDAY, FEBRUARY 6, 1962

1215

funds and pledge certain building funds to the payment thereof; and for other purposes.

HR 428. By Mr. Brackin of Seminole: A Resolution proposing an amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building Authority; and for other purposes.
HR 449. By Mr. Sheffield of Brooks: A Resolution proposing an amendment to the Constitution so as to provide for the merger of the school systems of the City of Quitman and Brooks County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate to wit:
SR 136. By Senator Braly of the 38th: A Resolution proposing an amendment to the Constitution so as to create the Paulding County Industrial Building Authority; and for other purposes.
SR 140. By Senator Lambert of the 28th: A Resolution proposing an amendment to the Constitution so as to create the Morgan County Development Authority; and for other purposes.
SB 263. By Senators Brown of the 52nd and McWhorter of the 34th: A Bill to amend an Act creating a new charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills of the Senate to wit:

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JOURNAL OF THE HOUSE,

SB 240. By Senator Dailey of the llth:
A Bill to amend an Act to incorporate the City of Dawson, approved Aug. 7, 1909 (Ga. Laws 1909, p. 731), as amended, so as to provide that the Mayor and members of the City Council of the City of Dawson will be eligible to succeed themselves in office; and for other purposes.

SB 238. By Senators Dykes of the 14th, Waters of the 41st and others:
A Bill ta provide that the State Board of Corrections is hereby author ized and directed to establish a Juvenile Detention Homes Program for the care, custody, maintenance, and support of all persons under the age of seventeen (17) years when such persons have been arrested or otherwise held for detention by police officials; and for other pur poses.

SB 247. By Senator Ingram of the 42nd:
A Bill to provide support of existing independent schools systems by municipal corporations and authorized to maintain same by the Con stitution of Georgia, provide ad valorem taxation for their support; to repeal conflicting laws; and for other purposes.

SB 252. By Senators Hart of the 53rd, Clary of the 29th and others:
A Bill to amend an Act providing for the compulsory school attendance of all children of certain ages, approved March 8, 1945, (Ga. Laws 1945, p. 343), so as to provide for the suspension of the enforcement of said Act in certain instances; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read and referred to the Committees:

SR 128. By Senator Jackson of the 24th:
A Resolution proposing an amendment to the Constitution so as to Create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department; and for other purposes.
Referred to the Committee on State of Republic.

SR 131. By Senator Dykes of the 14th:
A Resolution proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the Cochran Independent School System and the Bleckley County School System into one consolidated school system; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 6, 1962

1217

SB 208. By Senator Mathews of the 48th:
A Bill to be entitled an Act to amend an Act requiring all judges of superior court to wear black robes while presiding in court, and pro viding for the keeping of flags in the courtrooms; and for other purposes.
Referred to the Committee on Judiciary.

SB 224. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act revising the State Game and Pish Laws, as amended, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.
Referred to the Committee on Natural Resources.

SB 232. By Senator Owens of the 32nd:
A Bill to be entitled an Act to regulate the sale of eggs; to provide for the bonding and licensing of egg dealers and a procedure connected therewith; to provide for enforcement and a procedure connected there with; and for other purposes.
Referred to the Committee on Agriculture.

SB 235. By Senator Hart of the 53rd and others:
A Bill to be entitled an Act to amend an Act relating to payment of education grants from State and local funds to school children; and for other purposes.
Referred to the Committee on State of Republic.

SB 239. By Senators Dykes of the 14th, Dailey of the llth and Waters of the 41st:
A Bill to be entitled an Act to amend the laws relating to the State Board of Corrections and prisons approved Feb. 20, 1956, as amended, so as to provide for the designation of first offenders honor camps; and for other purposes.
Referred to the Committee on State Institutions and Property.

SR 136. By Senator Braly of the 38th:
A Resolution proposing an amendment to the Constitution so as to create the Paulding County Industrial Building Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

SR 140. By Senator Lambert of the 28th:
A Resolution proposing an amendment to the Constitution so as to create the Morgan County Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 238. By Senators Dykes of the 14th, Dailey of the llth, Waters of the 41st:
A Bill to be entitled an Act to provide that the State Board of Correc tions is hereby authorized and directed to establish a Juvenile Detention Homes Program for the care, custody, maintenance, and support of all persons under the age of seventeen (17) years when such persons have been arrested or otherwise held for detention by police officials; and for other purposes.
Referred to the Committee on Judiciary.

SB 240. By Senator Dailey of the llth:
A Bill to be entitled an Act to amend an Act to incorporate the City of Dawson, approved Aug. 7, 1909, as amended, so as to provide that the Mayor and members of the City Council of the City of Dawson will be eligible to succeed themselves in office; and for other purposes.
Referred to the Committee on Local Affairs.

SB 247. By Senator Ingram of the 42nd: A Bill to be entitled an Act to provide support of existing independent school systems by municipal corporations authorized to maintain same by the Constitution of Georgia, provide ad valorem taxation for their support; and for other purposes. Referred to the Committee on Education.
SB 252. By Senators Hart of the 53rd, Clary of the 29th and others: A Bill to be entitled an Act to amend an Act providing for the com pulsory school attendance of all children of certain ages, so as to pro vide for the suspension of the enforcement of said Act in certain in stances; and for other purposes.
Referred to the Committee on State of Republic.
SB 263. By Senators Brown of the 52nd and McWhorter of the 34th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, approved February 28, 1874, and the general Acts amendatory thereof; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 6, 1962

1219

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 609. By Mr. Smith of Emanuel:
A RESOLUTION
Calling for a joint session to hear an address from Lieutenant General Lewis Blaine Hershey; and for other purposes.
WHEREAS, Lieutenant General Lewis Blaine Hershey, Director of the Selective Service System, has rendered outstanding service to this Country both in times of war and peace; and
WHEREAS, his military career began when he enlisted in the Indiana National Guard in 1911 as a Private, and since such date he has served in many capacities enabling him to achieve a thorough knowl edge of military and civilian affairs; and
WHEREAS, his Selective Service career dates from 1936 to the present time, and he has performed his duties with fairness, under standing and honor; and
WHEREAS, he has received the Distinguished. Service Medal of both the Army and the Navy, the American Legion Distinguished Serv ice Medal, the Distinguished Service Medal of the National Guard Asso ciation of the United States, and many other Distinguished Service Medals, Awards, Certificates and Citations; and
WHEREAS, in his administration of the Selective Service System he has constantly fought to protect the principle embraced in the entrustment of a very large measure of autonomy to local boards and has constantly maintained that no really democratic and fair system of manpower procurement can be operated unless its roots are firmly grounded in the individual communities; and
WHEREAS, it would be an honor and a privilege for the mem bers of this Body to hear an address by General Hershey;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Lieutenant General Lewis Blaine Hershey is hereby extended a most cordial and sincere invitation to address the joint session of the House of Representatives and the Senate on February 8, 1962, at 10:30 o'clock A.M.
BE IT FURTHER RESOLVED that a joint session of the House and Senate is hereby called for the aforesaid purpose on February 8, 1962, at 10:30 o'clock A.M.
BE IT FURTHER RESOLVED that the Speaker of the House and the President of the Senate are hereby authorized to make whatever

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JOURNAL OF THE HOUSE,

arrangements are necessary to effectuate the purposes of this Resolu tion.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to General Hershey.

HR 623. By Messrs. Bozeman of Thomas, Smith of Emanuel and others:

A RESOLUTION

Wishing a speedy recovery for Honorable and Mrs. James W. Keyton; and for other purposes.

WHEREAS, Honorable James W. Keyton, Representative from Thomas County, and Mrs. Keyton are both confined to the hospital in Thomasville, Georgia, due to serious illness; and

;

WHEREAS, the counsel and advice of Representative Keyton is

sorely missed in the House of Representatives;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest wishes to Honorable and Mrs. James W. Keyton for a speedy recovery and hopes that Representative Keyton will soon be able to return to Atlanta to take part in the deliberations of this Body.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable and Mrs. James W. Keyton.

SR 105. By Senator Jackson of the 24th:
A RESOLUTION
Designed to institute a method of instruction for the youth of Geor gia in the dogmas and tenets of Americanism and to develop intelligent and aggressive opposition to Communism and teach loyalty to our American political and economic system.
WHEREAS, the totalitarianism of aggressive world Communism constantly threatens the peace of the World and the continued existence of the United States of America as a free republic composed of sovereign states; and
WHEREAS, it is becoming increasingly apparent that if we as a nation are to successfully combat and defeat the Communist con spiracy at home and abroad and perpetuate and strengthen our Ameri can way of life, it is essential that every American citizen must know and understand the fundamental theories and basic principals of our

TUESDAY, FEBRUARY 6, 1962

1221

American constitutional, social, economic and political systems and also, by way of contrast, the strategy, tactics, nature, effects, legostics, purposes and principals of Communism as it actually operates in the world today; and

WHEREAS, the General Assembly of the State of Georgia finds it to be a fact that:

(a) Political ideology commonly known and referred to as Communism is in conflict and contrary to the principal of con stitutional government of the United States of America as epitom ized in its National Constitution.

(b) The successful exploitation and manipulation of youth and student groups throughout the world that are a major challenge which free world forces must meet and defeat.

(c) The best method of meeting this challenge is to have the youth of the State and Nation thoroughly and completely informed as to the evils, dangers and fallacies of Communism by giving them a thorough understanding of the entire Communist movement in cluding its history, doctrines, objectives and techniques;

and

WHEREAS, it is the opinion of this august body that it is impera tive that an organized and comprehensive educational effort should be promptly undertaken by every school and educational institution in the State of Georgia and throughout the United States so that the necessary instruction and indoctrination to this end can be imparted and the present lethargy and mass ignorance of the true character and conse quence of Soviet Communism can be dispelled; and

WHEREAS, it is the belief of the General Assembly of Georgia that every high school and college student in the State of Georgia should be required to take a separate course or unit of study as part of the regular and mandatory curricular at some time during the latter por tion of his period of high school or college studies respectively, which would not only give to every student a clear understanding of and a deep loyalty to the ideals, the principals, traditions, advantages and in stitutions of representative democracy and free capitalism in a federa tion of sovereign states as established by the drafters of the Constitu tion of the United States; but which would at the same time, by com parison teach every student why Communism and Socialism are evil and vicious, why they destroy the freedom, well being, dignity, and happiness of the individual, and why they are our implacable enemy, to the end that students will understand the propaganda and dishon esty of Soviet Russia, Red China and the other apparatus and affiliates of organized Communism and National Socialism; and

WHEREAS, the General Assembly of Georgia is convinced that a sound, comprehensive and universal program of high school and college instruction of this scope is indispensable to an adequate national de fense and vital to assure that the citizens of Georgia in the future will

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JOURNAL OF THE HOUSE,

be equipped to reject and intelligently argue against and destroy the lures, traps, pit-falls, lies and propaganda of Communism with reason, communication and logic based on a thorough knowledge of the con cepts and fundamental elements of our American system and a firm grasp of the belief of decentralized government, representative democ racy, free competitive capitalism, separation of powers in government, private ownership of property and the means of production, reasonable and limited taxation, the reserved powers of the State, freedom of re ligion, speech, press, voting, and of course, individual economic oppor tunities, limited powers of Federal Government, separation of church and state activities and the essential figures of our American economic system;

THEREFORE BE IT RESOLVED BY THE GENERAL ASSEM BLY OF THE STATE OF GEORGIA that the State School Superin tendent, the State Board of Education, the Chancellor and Board of Regents of the University System of Georgia and the governing authori ties of all private and public high schools and colleges in Georgia are hereby earnestly urged, requested, memorialized and petitioned to take prompt to respectively:

(1) Establish a mandatory requirement that a separate re quired comprehensive six (6) week unit of instruction be instituted in every high school in Georgia during the 1962-63 school year within the framework of the presently required course on American History in the llth or 12th grades, teaching Americanism vs. Com munism within the scope and objectives as hereinabove described.

(2) Establish a mandatory requirement beginning with the school year that each college or university student in either his junior or senior year will be required to take a separate and com prehensive course or unit of instruction for at least ten (10) clock hours, teaching Americanism vs. Communism within the scope and objectives as hereinabove described.

BE IT FURTHER RESOLVED that we believe that these courses should be part of the regular, prescribed and required high school, col lege and university curricular and that no student should be graduated or receive a diploma from any high school, college or university who fails to successfully complete this course or unit of instruction in Americanism vs. Communism.

BE IT FURTHER RESOLVED that this body urges the State Board of Education and the Board of Regents of the University System
of the State of Georgia to prepare, approved, select or prescribe all text books, teachers manuals, student workbooks, reference books and mate
rials, and other things such as films, tapes, visual aids, pamphlets used in such courses or units of instruction and to supply same.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby requested to mail a copy of this Resolution to each newspaper, radio and television stations in the State of Georgia, the State School Superintendent and each member of the State Board of Education, the Chancellor of the University System of Georgia and each member of the Board of Regents of said University System, the Presi-

TUESDAY, FEBRUARY 6, 1962

1223

dent of each college or university in the State of Georgia, each county and city school superintendent, each member of every county or city school board, to the governing authorities of every private secondary school in the State of Georgia, to the President and Vice President of the United States, to each member of the Congress of the United States, to each judge of the Supreme Court and every district court of the State of Georgia, to the Governor, the Lieutenant Governor, Attor ney General and chief education official of each State of the Union, to each and every Federal Court and to the principal of each high school in the State of Georgia.

The following amendment was read and adopted:

Mr. Twitty of Mitchell moves to amend the last section of SR 105 in Line 1 by striking the words "Clerk of the House of Representatives" and inserting in lieu thereof the words "Secretary of the Senate".

The Resolution was adopted as amended.

SR 141. By Senators Brown of the 52nd and Sanders of the 18th:
A RESOLUTION
Adopting a new State Song; and for other purposes.
WHEREAS, the Governor requested the Georgia Hall of Fame Centennial Committee to arrange for the writing of a new State Song which would exemplify the true spirit of the Sovereign State of Georgia; and
WHEREAS, a wonderful new song has been written with music by Dr. Frank J. Black, the famous former Musical Director of the Na tional Broadcasting Company, and with lyrics by Ollie Reeves, Georgia's famous Poet Laurete; and
WHEREAS, an official copy of this song, entitled "Georgia For ever", is on file in the Office of the Secretary of State;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the aforesaid song "Georgia Forever" is hereby adopted as the official State Song of the State of Georgia, and the Secretary of State is directed to so indicate in the official records of the State of Georgia.
BE IT FURTHER RESOLVED that Dr. Frank J. Black and Hon orable Ollie Reeves and the Georgia Hall of Fame Centennial Com mittee are hereby commended and the Secretary of the Senate is hereby instructed to transmit suitable copies of this Resolution thereto.

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JOURNAL OF THE HOUSE,

HR 558-1072. By Mr. Smith of Emanuel:

A RESOLUTION

Relative to the "Mansion Sites Commission"; and for other pur poses.

WHEREAS, the Mansion Sites Commission is in need of additional

i

time within which to complete the functions for which it was created;

and

WHEREAS, it is to the best interest of the State that no hasty action be taken with regards to the property which is the subject matter of the study of the Commission;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Mansion Sites Commission is here by granted an extension of time for the purpose of completing and con tinuing the functions for which it was created. The Chairman of the House State Institutions and Property Committee is hereby added as a member of the Commission. In addition to other functions and duties previously assigned, the Commission is hereby authorized to cause studies to be made of the existing buildings on the subject property in order to better recommend action to the General Assembly. The Commis sion is authorized to utilize for such purposes such funds as shall be made available by the Budget Bureau. The Commission shall make a report of its findings and recommendations on or before February 1, 1963, on which date the Commission shall stand abolished.

By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:

HR 624. By Messrs. Bynum of Rabun, Horton of Putnam and others:
A RESOLUTION
To create a Committee to study the feasibility of a workable Re tirement System for Justices of the Peace of this State; and for other purposes.
WHEREAS, the Office of Justice of the Peace is an essential part of our County and City Governments; and
WHEREAS, the Office of Justice of the Peace is extremely timeconsuming and grossly underpaid; and
WHEREAS, it is of the utmost importance, not only to the Justices of the Peace of this State but also to the people of this State, that we keep and maintain our present system of having Justices of the Peace; and

TUESDAY, FEBRUARY 6, 1962

1225

WHEREAS, it is deemed desirable to investigate and study the pos sibilities of an adequate Retirement System for Justices of the Peace of this State, so as to entice better qualified men to seek said office.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a Committee composed of five (5) mem bers of the House of Representatives, to be appointed by the Speaker, is hereby created for the purpose of investigating and studying the possi bilities of setting up a Justice of the Peace Retirement System. Among the information which the Committee shall obtain and report on are the number of the Justices of the Peace which would come under this System, the soundness of such a system, and by what means such a System could be financed. The members shall study the retirement program for Justices of the Peace as set up by other States. The Com mittee shall make a report of its study and findings on or before De cember 1, 1962, and the Committee shall stand abolished as of that date. The members shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative committees. Provided, however, that said Committee shall be limited to a total time of twenty (20) days per member for the purposes herein set forth. The funds necessary for the purposes of this resolution shall come from the funds appropriated or available to the legislative branch of the Government.

HR 625. By Messrs. Parker of Screven, Paris of Barrow, and others:
A RESOLUTION
Creating a Committee to investigate the possibility of constructing port facilities on the Savannah River near Sylvania, Georgia.
WHEREAS, the Federal Government has expended millions of dol lars on dredging and other projects on the Savannah River in order to make it navigable as far North as Augusta, Georgia; and
WHEREAS, a new toll bridge will be constructed across the Sa vannah River at a point adjacent to Sylvania, Georgia and such bridge will be a connecting link in a complete route from Columbus, Georgia, through Macon, Georgia to Charleston, South Carolina; and
WHEREAS, port facilities located on the Savannah River adjacent to Sylvania would be approximately the half-way mark between Sa vannah and Augusta ports; and
WHEREAS, a new carpeting plant has been constructed in Bulloch County which uses wool imported from Australia which now has to be transported from the port at Savannah about 60 miles away, but the distance from the port adjacent to Sylvania to such plant would be only 12 miles; and
WHEREAS, all the above indicates that it would be advantageous to have port facilities on the Savannah River adjacent to Sylvania and the possibility thereof should be studied;

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the possibility of constructing port facilities on the Savannah River adjacent to Sylvania, Georgia. The Committee
shall consult with the members and staff of the Georgia Ports Authority and shall be authorized to consult with other persons having a knowl edge of ports and port development in this and other jurisdictions. The members shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative committees, but shall receive the same for not to exceed 15 days per member. The Com
mittee shall meet within 30 days after all members are appointed for the purpose of electing a Chairman and Secretary and such other officers as deemed advisable. The Committee shall adopt its own pro cedures for carrying out the purposes of this Resolution. The funds
necessary for this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Com mittee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

HR 627. By Mr. Kimmons of Pierce:
A RESOLUTION
WHEREAS: The common Mule was the prime motive power and played a large part in the economy of the State for many, many years and;
WHEREAS: The Georgia Mule is about to become extinct and it would be tragic to let this important animal become extinct without proper commemoration;
NOW THEREFORE BE IT hereby order that there be a statue of the Georgia mule placed on the grounds of the Georgia State Capitol so that future generations will be able to view the mode of travel and motive power of their forbearers.
In this jet age and with the talk of travel to the moon and other planets being everyday conversation, it is only right that we make this contribution to the memory of the Georgia mule.

Under the General Order of Business, established by the Committee on Rules, the following Bills of House and Senate were taken up for consideration and read the third time:

HB 608. By Messrs. Steis of Harris, Howard of DeKalb, and others:
A Bill to be entitled an Act to amend Code Section 92-4105 of the 1933 Code of Georgia which provides for the limitation on Cities' right of taxation by exempting from taxation traveling salesmen, so as to exempt certain merchants and dealers and their employees from municipal taxation; and for other purposes.

TUESDAY, FEBRUARY 6, 1962

1227

The following amendment was read and adopted:

Mr. Brantley of Candler moves to amend HB 608 as follows: 'By striking the word retail from the third line of the subsection (b).

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Baughman Boggs Bolton Brackin Brantley Brown Busbee Bynum Caldwell Chance Cocke Collins Cox Culpepper Dickey Dollar Doster Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Funk

Hall of Lee Hall of Floyd Henderson Howard Hull Jones of Liberty Jones of Lumpkin Kirkland Knight of Laurens Lane Langford Lee of Clinch Lewis of Burke Lowrey Mackay Massee Matthews of Colquitt McDonald Milhollin Mixon Moate Moorman Morgan Mullis Murphy NeSmith Newton Odom Paris Parker of Ware Phillips of Bibb Poole Purcell

Those voting in the negative were Messrs.:

Arnsdorff Barnett of Baker

Black Bowen of Randolph

Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland Sangster Scoggin Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Twitty Underwood of Taylor Waldrop Watson Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Young
Boyett Brooks of Fulton

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JOURNAL OF THE HOUSE,

Clark of Catoosa Cloer Fowler of Treutlen Hale Harrell Horton

Joiner Jordan Lokey McCracken Moss Potts

Smith of Brantley Smith of Habersham Todd Ware Willingham Wilson

Those not voting were Messrs.:

Abney Adams Barrett Birdsong Blalock Bowen of Toombs Bozeman Branch Brooks of Oglethorpe Budd Chandler Clarke of Monroe Coker Conner Crawford Crowe Davis Been Dicus Dorminy Floyd Fowler of Douglas Fuqua Greene Hill Hodges Hurst Johnson

Jones of Worth Jones of Sumter Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Knight of Berrien Lee of Clayton Lewis of Wilkinson Loggins Lovett Matthews of Clarke McClelland McCutchen McGarity Melton Miller Moore Morris Otwell Pannell Parker of Screven Parker of Appling Farmer

Payton Pelham Phillips of Columbia Phillips of Walton Pickard Rogers of Paulding Ross Rutland Scarborough Simpson Singer Smith of Fulton Stevens Taylor of Decatur Tucker Undercofler Underwood of
Montgomery Vaughn Walker of Lowndes Walker of Telfair Wells of Camden White Wickham Wilkes Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 99, nays 24.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Steis of Harris served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 608 the requisite constitu tional majority.

SB 170. By Senators Raynor of the 4th, Hart of the 53rd, and Ponsell of the 5th:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military, so as to fix the date for holding political party primaries; and for other purposes.

TUESDAY, FEBRUARY 6, 1962

1229

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of "the Bill, the ayes were 113, nays 0.

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

SB 151. By Senators Lambert of the 28th, Gardner of the 47th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the holding of bar examinations in this State; and for other purposes.

Mr. Murphy of Haralson moved that SB 151 be postponed until Thursday, February 8, 1962 and the motion lost.

Mr. McCutchen of Gilmer moved that SB 151 be postponed indefinitely and the motion prevailed.

SB 151 was postponed indefinitely.

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett, and others: A Bill to be entitled an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, so as to eliminate the requirements for the maintaining annuity re serve fund and a pension reserve fund; and for other purposes.
The following amendments were read and adopted:
Mr. Barber of Jackson moves to amend HB 910 as follows:
By amending Section 14 paragraph (b) Line 2 by deleting the words "two school years" and substituting in lieu thereof the words "one school year".
Mr. Wilkes of Cook moves to amend HB 910 as follows:
By amending Section 14 subsection (5) by inserting in line 3 after the word Georgia the following: " 'and who was an active teacher dur ing any part of the preceding 12 months prior to his induction'.

1230

JOURNAL OP THE HOUSE,

Mr. Hall of Floyd moves to amend HB 910 as follows:

By adding in the title thereof after the words and figures "prior to July 1, 1961;" the following:

"to provide that members of the Employees' Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System of Georgia may transfer their credits to the Teachers' Retirement System; to prescribe the manner of so doing;"

By renumbering Section 16 so that when so renumbered said Section shall be known as Section 17.

By adding a new Section 16 thereto to read as follows:
"Section 16. Said Act is further amended by adding a new and an additional Section thereto to be known as Section 9A to read as follows:

'Section 9A. (a) Any other provisions of law to the contrary notwithstanding, any individual who becomes a member of the Teachers Retirement System and such individual has creditable service with the Employees' Retirement System, such service being
less than 18 years, shall be eligible to transfer said credits to the Teachers Retirement System of Georgia. Provided, however, that said employee be required to make additional contributions to the Teachers Retirement System of Georgia so that his annuity account balance will be the same as though he had been a member subse
quent to July 1, 1956 of the Teachers Retirement System of Georgia during the period of membership service, or in the absence of such payment by the individual, the Teachers Retirement System shall adjust his credits in proportion to the said transferred contributions by the Employees' Retirement System to the Teachers Retirement System of Georgia.

(b) Any other provisions of law to the contrary notwithstand ing, any individual upon becoming a member with the Teachers Retirement System shall not be elgible to transfer any credits from the Employees' Retirement System unless such service credit is less than 18 years of service. Provided, however, the years of creditable service on record to the credit of the member with the Employees Retirement System shall be taken into consideration by the Teach ers Retirement System only for qualifying purposes for vested right, death, disability, or normal retirement, and any benefits pay able by the Employees' Retirement System shall be paid by such system direct to the member or or beneficiary.

(c) Any other provisions of law to the contrary notwithstand ing, any individual, who upon becoming a member of the Employees' Retirement System has credits with the Teachers Retirement System and all such credits are for service subsequent to January 1, 1945, shall have such credits transferred to the Employees' Re tirement System.

TUESDAY, FEBRUARY 6, 1962

1231

(d) Any other provisions of law to the contrary notwith standing, any individual, who upon becoming a member of the Em ployees' Retirement System who has credits including service prior to January 1, 1945 with the Teachers Retirement System, shall have such credits remain intact with the Teachers Retirement System until his death, disability, or retirement. Should such individual qualify for retirement benefits with the Employees' Retirement System, then such credits with the Teachers Retirement System shall be computed on the basis that such individual qualified for retirement with the Teachers Retirement System and such benefits shall be computed upon the age and plan of retirement under the Employees' Retirement System but based on those credits that have remained with the Teachers Retirement System,

(e) Any other provisions of law to the contrary notwithstand ing, any individual retiring with the Employees' Retirement System who has credits on record with the Teachers Retirement System shall have the retirement allowances computed by the Teachers Retirement System and payable to the member or the beneficiary in accordance with the established records of the Employees' Re tirement System at the time of his death, or retirement, whichever is applicable.' "

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, as amended, the ayes were 114, nays 0.

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

HB 730. By Messrs. Sangster of Dooly, Underwood of Taylor and others:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to provide for disability retirement for members of the Uniform Div. of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for disability retirement for members of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation; to repeal conflicting laws; and for other purposes.

1232

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

An Act establishing the State Employees' Retirement System, ap proved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of Paragraph (b) of Subsection (3) of Section 5 the following:

"Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation, who, as a contributing mem ber of this System and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80% of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65, such al lowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent dis ability occurred. Provided further, such permanent disability retire ment shall apply regardless of the length of service of any such * member, officer or agent provided he has acquired a status of a permanent employee as approved by the State Merit System prior to his permanent disability, with a further provision that the System shall be promptly reimbursed by the employee's Depart ment upon payment by the System of each monthly allowance to the member during his permanent disability, such monthly reim bursement by the Department shall include the employer's share of the cost for any Survivors' Benefit for which the member may be eligible at the time of permanent disability."

so that when so amended said Paragraph (b) of Subsection (3) of Section 5 shall read as follows:

"(b) Provided, however, that any member of the Uniform Divi sion of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation, who, as a contributing member of this System and who, upon becoming permanently dis abled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of dis
ability, shall not exceed 80% of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65, such

TUESDAY, FEBRUARY 6, 1962

1233

allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent dis ability occurred. Provided, further, such permanent disability re tirement shall apply regardless of the length of service of any such member, officer or agent provided he has acquired a status of a permanent employee as approved by the State Merit System prior to his permanent disability, with a further provision that the System shall be promptly reimbursed by the employee's Department upon payment by the System of each monthly allowance to the member during his permanent disability, such monthly reimburse ment by the Department shall include the employer's share of the cost for any Survivor's Benefit for which the member may be eligible at the time of permanent disability."

SECTION 2

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

The following amendment to the Committee substitute was read and adopted:

Mr. Brooks of Fulton moves to amend the substitute to HB 730 as follows:
'By adding in Section I Line 6, after the word "Investigation" the words, "State Crime Laboratory" and by amending the caption of said Bill accordingly.'

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens
Arnsdorff Ballard Barber
Barnett of Wilkes Barrett

Baughman Birdsong Black Blalock
Boggs Bolton Bowen of Randolph
Boyett Brackin

Brantley Brooks of Fulton Brown Budd
Busbee Bynum Caldwell
Chance Chandler

1234

JOURNAL OF THE HOUSE,

Clark of Catoosa
Cocke Coker Collins Conner
Crowe Culpepper Davis Deen Dickey Dollar
Dorminy Doster Duncan of Pannin
Dunn Echols Fitzgerald Fleming Flexer Fordham Fowler of Douglas Fowler of Treutlen
Funk
Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hull
Hurst Johnson Joiner Jones of Liberty Jones of Lumpkin
Jordan Keadle Kelly Kidd Killian

Killingsworth Kimmons Kirkland Knight of Laurens
Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins
Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McCracken McCutchen McDonald Milhollin Miller Mixon Moate Moore Moorman
Moss Mullis Murphy NeSmith Newton
Odom Otwell
Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Bibb Poole

Potts Purcell Rainey
Raulerson Roberts Rodgers of Charlton Ross Rowland Rutland Sangster Scarborough Sheffield
Shuman Simmons Sinclair Singer Smith of Brantley Smith of Habersham Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Thornton Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Hall Barnett of Baker Bowen of Toombs Bozeman Branch Brooks of Fulton Clarke Cloer
Cox
Crawford Dicus

Duncan of Carroll Floyd Flynt
Fuqua Hodges Howard Jones of Worth Jones of Sumter
Keyton King Knight of Berrien

Matthews of Colquitt McClelland McGarity Melton Morgan Morris Pannell Phillips of Columbia Phillips of Walton Pickard Rogers of Paulding

TUESDAY, FEBRUARY 6, 1962

1235

Roper Scoggin Simpson Smith of Grady Smith of Fulton Smith of Whitfield Story

Taylor of Decatur Taylor of Bibb Undercofler Underwood of
Montgomery Ware Wells of Camden

White Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 712. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide that school bus drivers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; and for other purposes.

The following Committee substitute to HB 712 was read and adopted:
A BILL
To be entitled an Act to provide that school bus drivers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; to provide for the accumulation of such laws; to prescribe rules for the taking of such sick leave; to provide that the cost of employing substitute school bus drivers shall not be imposed upon school bus drivers absent on sick leave; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Each person employed as a school bus driver in any public school of this State shall be entitled to sick leave with full pay computed on the basis on one and one-fourth working days for each completed school month of service, such leave to be cumulative for one school year. A school bus driver may utilize sick leave upon the approval of the approval of the Superintendent in which such school bus driver is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his at tendance on duty, or to illness or death in the school bus driver's im mediate family. School bus drivers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holi days, or other non-work days.

1236

JOURNAL OP THE HOUSE,

SECTION 2

The scale of pay for these substitute drivers shall be determined by the Board of Education of the system in which said employee is employed.

SECTION 3

No school bus driver utilizing sick leave under the provisions of this Act shall be required to pay the cost of employing a substitute school bus driver to serve in nis absence on such sick leave.

SECTION 4

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Adams Akins Andrews of Stephens Arnsdorff Ballard Barber
Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock
Boggs Bowen of Randolph Boyett Bozeman Brackin Brooks of Fulton Brown Budd Busbee Caldwell Chance

Chandler
Clark of Catoosa Collins Conner Cox Crowe Davis
Been Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll
Dunn Echols Fitzgerald Flexer Fordham Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd

Harrell
Henderson Horton Hurst Johnson Joiner Jones of Worth
Jones of Lumpkin Jordan Keadle Kelly Kidd Kimmons Kirkland
Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Mackay Massee Matthews of Clarke

TUESDAY, FEBRUARY 6, 1962

1237

McCracken McCutchen McDonald McGarity Melton Milhollin Mixon Moate Moore Moorman Morgan Morris Mullis Murphy Newton Odom Paris Parker of Ware Parker of Appling Farmer Payton Phillips of Columbia

Poole Potts Purcell Eainey Raulerson Roberts Rodgers of Charlton
Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Simmons Sinclair Singer Smith of Brantley
Steis Stevens
Story

Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Vaughn Waldrop Walker of Telfair
Ware Wells of Peach Wells of Oconee Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.:

Cocke Culpepper

Moss

NeSmith

Those not voting were Messrs.:

Andrews of Hall Bolton Bowen of Toombs Branch Brantley Brooks of Oglethorpe Bynum Clarke of Monroe Cloer Coker Crawford Dicus Fleming Floyd Flynt Funk Fuqua Hill Hodges Howard Hull

Jones of Liberty Jones of Sumter Keyton Killian Killingsworth King Knight of Berrien Loggins Lovett Lowrey Matthews of Colquitt McClelland Otwell Pannell Parker of Screven Pelham Phillips of Walton Phillips of Bibb Pickard Rogers of Paulding Shuman

Simpson Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Thornton Undercofler Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Watson Wells of Camden
White Wickham Wilkes Williams of Hall
Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 4.

1238

JOURNAL OP THE HOUSE,

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

Messrs. Cocke of Terrell and NeSmith of Meriwether stated that they in advertently voted "Nay" and would like to be recorded as voting "Aye".

HB 763. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the Old-age and Survivors Insurance Provisions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 113, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 784. By Messrs. Bolton of Spalding, Steis of Harris, and Hale of Bade:
A Bill to be entitled an Act to amend the "General Appropriations Act", so as to change the appropriation to the Dept. of Revenue by adding thereto an appropriation for the creation of a capital fund from which loans to counties may be made to defray the cost of ad valorem tax equalization programs; and for other purposes.

The Speaker resolved the House into a Committee of the Whole House, desig nating Mr. Twitty of Mitchell as Chairman thereof, for the purpose of considering HB 784.
The Committee of the Whole House arose and through its Chairman reported HB 784 back to the House with the recommendation that it Do Pass.

The following Committee substitute was read and adopted.
A BILL
To be entitled an Act to amend an Act entitled "An Act to make appropriations for the operation of the State Government, for the sup-

TUESDAY, FEBRUARY 6, 1962

1239

port of its eleemosynary institutions, for and to the University System and to the common schools of the State, for aid to the counties for Roads and for all other governmental activities authorized by law for the fiscal year beginning July 1, 1961, and ending June 30, 1962, and for each and every fiscal year thereafter until repealed or modified by law; to provide for the control and administration of the funds; to repeal con flicting laws", approved April 5, 1961 (Ga. Laws 1961, p. 356), so as to change the contingent appropriation to the Department of Revenue by adding thereto an appropriation for the creation of a capital fund from which loans to counties may be made to defray the cost of ad valorem tax equalization programs; to amend certain figures; to strike a portion of the contingent appropriations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
An Act entitled "An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institu tions, for aid to the University System and to the common schools of the State, for aid to the counties for Roads and for all other govern mental activities authorized by law for the fiscal year beginning July 1, 1961, and ending June 30, 1962, and for each and every fiscal year thereafter until repealed or modified by law; to provide for the control and administration of the funds; and to repeal conflicting laws", ap proved April 5, 1961 (Ga. Laws 1961, p. 356), is hereby amended by striking subsection (i) of Section 50 in its entirety and by inserting in lieu thereof a new subsection so that after amendment subsection (i) of Section 50 shall read as follows:
"(i) To the Revenue Department for the establishment of a capital fund from which loans to counties may be made to defray the cost of ad valorem tax equalization programs as authorized by Act of Georgia General Assembly of 1961. (Ga. Laws 1961, p. 107).$1,500,000.00
"Provided, however, that said funds shall not be available for loans to counties after June 30, 1973; that any funds remaining in said fund on such date shall be repaid into the State treasury; and that the proceeds from repayment of such loans after said date shall likewise be repaid into the State treasury."

SECTION 2
Said Act is further amended by striking from Section 50 the figure $53,800,000.00 and inserting in lieu thereof $54,300,000.00.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

1240

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Toombs Barrett Baughman Blalock Boggs Bolton
Bowen of Eandolph Bowen of Toombs Boyett Bozeman Brackin Brantley Brooks of Oglethopre Brooks of Fulton Brown Budd Busbee Caldwell Chance Chandler Clark of Catoosa Collins Conner Cox Crowe Davis Deen Dickey Dollar Dorminy Doster Duncan of Fannin Dunn Fleming Fowler of Douglas Fowler of Treutlen Funk

Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Horton Hull Johnson Joiner Jones of Worth Jones of Lumpkin
Jordan Kelly Kidd Kimmons Kirkland
Knight of Laurens Lane Langford Lee of Clinch Lee of Colquitt Lewis of Wilkinson Lewis of Burke Logging Lokey Lovett Lowrey Massey Matthews of Clarke McCutchen Melton Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Pannell Paris

Parker of Screven
Parker of Appling Payton Pelham Phillips of Bibb Potts Purcell Eainey Raulerson Roberts Rodgers of Charlton Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair
Smith of Brantley Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty Underwood of Taylor Vaughn Waldrop Walker of Telfair Wells of Peach Wells of Oconee Wilkes Williams of Coffee Willingham Wilson Young

TUESDAY, FEBRUARY 6, 1962

1241

Those not voting were Messrs.:

Birdsong Black Branch Bynum Clarke of Monroe Cloer Cocke Coker Crawford Culpepper Dicus Duncan of Carroll Echols Fitzgerald Flexer Floyd Flynt Fordham Henderson Hill Hodges Howard Hurst

Jones of Liberty Jones of Sumter Keadle Keyton Killian KingKnight of Berrien Mackay Matthews of Colquitt McClelland McCracken McDonald McGarity Morris Moss Moss NeSmith Parker of Ware Farmer Phillips of Columbia Phillips of Walton Pickard Poole

Rogers of Paulding Roper Ross Rowland Simpson Singer Smith of Grady Smith of Fulton Stevens Taylor of Decatur Undercofler Underwood of
Montgomery Walker of Lowndes Ware Watson Wells of Camden White Wickham Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 152. By Senator Lambert of the 28th: A Bill to be entitled an Act to amend Code Section 114-602, relating to the duty of employers to insure themselves in licensed companies, so as to allow for the return of bonds after a three (3) year period under certain circumstances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up:

1242

JOURNAL OP THE HOUSE,

HB 785. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide the method of confinement of minors, to provide the procedure connected therewith; and for other purposes.

The following committee substitute was read:
A BILL
To be entitled an Act to provide a method of confinement of minors; to provide the procedure connected therewith; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Whenever a minor is found to be in a state of delinquency and is sentenced by a Court of this State to confinement, such minor shall be confined only in one of the State training schools or in a county juvenile detention home for the period of such confinement. In the event such minor is given a suspended sentence or is placed on probation or is committed to the custody or to the guardianship of a private, nonsectarian institution by the judge, the same shall be served within the territorial jurisdiction of the Court. Such minor, however, may serve such sentence, probation or guardianship in a public or private institu tion outside the territorial jurisdiction of the Court upon the written consent and permission of the judge of the juvenile court of the county where such institution is located having been first obtained.
SECTION 2
Whenever a Court of this State shall take jurisdiction of any minor for violation of a criminal statute of this State, and prior to the sentencing of said minor or prior to said minor being found to be in a state of delinquency, shall place said minor in the custody or guardian ship of a private, non-sectarian institution, said institution receiving custody or guardianship of said minor shall be located within the limits of the territorial jurisdiction of such Court. Provided, however, said minor may be placed in the custody or guardianship of such institution outside such territorial jurisdiction if the written consent of the Judge of the Juvenile Court of the county wherein such institution is located shall have first been obtained.
SECTION 3
Any person in charge of any such institution who accepts custody or guardianship of a minor in violation of the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

TUESDAY, FEBRUARY 6, 1962

1243

SECTION 4

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

The following amendment to the Committee substitute was read and adopted:
Vaughn of Rockdale moves to amend HB 785 (Committee Substi tute) as follows:
By renumbering Section 4 to read "Section 5"; and
By inserting between Section 3 and Section 5 of said Act, Section 4 to read as follows:
"Section 4. Provided however, that nothing contained herein shall prevent the confinement or detention of a minor in the com mon jails pending his admission to a state institution or to a deten tion home."

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, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black
Boggs Bolton Bowen of Toombs Boyett Bozeman Brantley

Brooks of Oglethorpe Brooks of Fulton Brown Budd
Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Collins
Conner Crowe Davis Deen Dollar Doster

Duncan of Fannin Duncan of Carroll Fleming Fordham
Fowler of Douglas Fowler of Treutlen Funk Hale Hall of Lee Hall of Floyd Harrell
Henderson Horton Howard Hull Johnson Joiner

1244

JOURNAL OF THE HOUSE,

Jones of Worth Jones of Lumpkin Jordan Kidd Kimmons Kirkland Lane Langford Lewis of Wilkinson Lewis of Burke Lovett Lowery
Mackay Massee Matthews of Clarke McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate Morgan Morris

Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Poole Potts Rainey Raulerson Rodgers of Charlton Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Sinclair

Smith of Grady Smith of Pulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Todd Twitty Underwood of Taylor Vaughn Waldrop Ware Wells of Peach Wells of Oconee Williams of Coffee Willingham Wilson

Those voting in the negative were Messrs.: Loggins and Phillips of Bibb.

Those not voting were Messrs.:

Adams Akins Birdsong Blalock Bowen of Randolph Brackin Branch Clarke of Monroe Cloer Cocke Coker Cox Crawford Culpepper Dickey Dicus Dorminy Dunn Echols Fitzgerald Flexer Floyd Flynt Fuqua Greene

Hill Hodges Hurst Jones of Liberty Jones of Sumter Keadle Kelly Keyton Killian Killinsgworth King Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lokey Matthews of Colquitt McClelland McGarity Moore Moorman Moss NeSmith Parker of Ware Pelham

Phillips of Columbia Phillips of Walton Pickard Purcell Roberts Rogers of Paulding Roper Simmons Simpson Singer Smith of Brantley
Stevens Taylor of Decatur Taylor of Bibb Thornton Tucker Undercofler Underwood of
Montgomery Walker of Lowndes Walker of Telfair
Watson Wells of Camden
White Wickham

TUESDAY, FEBRUARY 6, 1962

1245

Wilkes Williams of Hall

Woodward Young

Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 9:30 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

1246

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 7, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Malcolm Coleman, Pastor, Under wood Memorial Methodist Church, Atlanta, Georgia.
"Our Father, by whose laws the universe is governed and by whom civil authority was ordained, we pause now to recognize Thy pras ,nce and to invoke Thy blessings upon this assembly.
We are grateful for our nation and state, for the freedom we enjoy, and for the privileges and responsibilities that are ours as citizens.
Give the members of this Houss the wisdom and patience to think through the business of this day. So fill them with understanding, honor, and love for Thy laws that justice and mercy will prevail. May they ever be mindful of the trust which has been laid upon them by the citizens of our state, and may they be faithful to their calling. Grant unto these our lawmakers the strength that is needed for them to rise above all selfseeking into the larger sentiment of public good and human brotherhood.
In Christ's name we pray. Amen."

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.

WEDNESDAY, FEBRUARY 7, 1962

1247

4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 7, 1962, and submits the following:

1. HB

181. Railroad employees, safety; (Placed on Cal. to consider unfav, rpt. of Com.)

2. HR 110-291. Compensate Wanda Jones

3. HB

324. Insurance: Automatic Uninsured Motorists Coverage

4. HR 192-599. Compensate James Wood

5. HR 212-642. Compensate Hall & Sons

6. HR 347-735. Compensate Henry Pendley

7. HR 348-735. Compensate R. P. Packard

8. HB

738. County Boards of Education, members

9. HR 353-741. Superintendent of Schools, appointed

10. HB

809. Department of Commerce, appropriation

11. HB

810. Income from estate

12. HR 402-822. Compensate Melvin Hubbard

13. HB

826. Letters of Administration

14. HR 406-631. Felony, maximum sentence

15. HB

846. Trespassers, not jointly sued

16. HB

861. Motor Common Carriers, define

17. HB

862. Motor Contract Carriers, define

18. HB

863. Use of baskets, rough fish (p.p.)

19. HB

867. Selection of jury

20. HB

890. Life imprisonment, under eighteen

21. HB

893. Property Tax Act, amend

22. HB

895. Board of Physical Therapy

23. HB

907. Georgia Insurance Code, amend

1248

JOURNAL OF THE HOUSE,

24. HB

909. Service, not necessary

25. HB

911. Budget officer, Board of Education

26. HB

915. Sale of Treated Seed

27. HB

921. Maintenance of streets, grants

28. HR 461-922. Medical loans, repayment

29. HB

930. Employees' Retirement, amend

30. HB

933. Certain language over telephone, prohibit

31. HR 472-935. Certain officials, compensate

32. HR 473-935. Death sentence, amend

33. HB

937. Traffic laws on highways

34. HB

946. Sale of animal remedies

35. HR 499-970. Grants to counties

36. HB

974. Sale of obscene pictures

37. HB 1011. Teachers' salaries, local unit

38. HB 1017. Consumer, implied warranties

39. HB 1018. Mufflers, excessive noise, unlawful

40. HB 1034. Transfer school sites, County boards

41. HB 1037. Abandonment, define

42. HB 1038. Define vagrancy, punishment

43. HB 1039. Confinement in prison

44. HB 1040. Drunkenness, define

45. HR 545-1049. Transfer property, Hall County

46. HB 1052. Employees' Retirement System, amend

47. HB 1061. Clerks Superior Court, retirement

48. HB 1066. Office Building Authority, amend

49. HR 551-1067. Governor's Mansion Committee

50. HB 1099. Cross-action, trial

51. HB 1101. University System, police security

52. HB 1115. Teacher retirement, amend

53. SB

36. Separate estate of wife -- reconsidered

54. SB

41. Chartering of corporations

WEDNESDAY, FEBRUARY 7, 1962

1249

55. SB 56. SB

212. Health insurance plan 189. Probation Board, subsistence

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman.
Undercofler of Sumter, Secretary.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1153. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park; to describe the limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1154. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act to create and establish the City Court of Colquitt County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1155. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act fixing the salary of the Treasurer of Haralson County so as to increase the amount of the expense account; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1156. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1157. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Income Tax Act of 1931, by providing that associations created pursuant to the pro-

1250

JOURNAL OP THE HOUSE,

visions of the Georgia Professional Association Act shall be included within the term "Associations"; to provide that such Professional Asso ciations shall be taxed as corporations under the said Income Tax Act; and for other purposes.
Referred to the Committee on State of Republic.

HB 1158. By Messrs. Payton and Potts of Coweta: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan, so as to authorize the City governing authority to close a certain unnamed street; and for other purposes.
Referred to the Committee on Local Affairs.
HR 610-1158. By Mr. Undercofler of Sumter: A Resolution proposing an amendment to the Constitution so as to create the Americus-Sumter Payroll Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 611-1158. By Mr. Rogers of Paulding: A Resolution compensating Dan W. Forsyth; and for other purposes.
Referred to the Committee on Appropriations.
HR 612-1158. By Mr. Rogers of Paulding: A Resolution compensating Randolph Upton; and for other purposes.
Referred to the Committee on Appropriations.
HR 613-1158. By Mr. Simmons of Banks: A Resolution proposing an amendment to the Constitution so as to create the Banks County Industrial Building Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 1159. By Messrs. Ware of Troup, Steis of Harris and Birdsong of Troup: A Bill to be entitled an Act to amend an Act to create a new Charter for the City of West Point, so as to authorize the City of West Point to provide any type of group insurance, and similar insurance coverage for all regular employees of said city and their dependents; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 7, 1962

1251

HB 1160. By Messrs. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1161. By Messrs. M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees of such cities; to provide additional pensions for officers and employees who suffer injuries resulting in total and permanent disability in the line of duty; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1162. By Messrs. Brooks and Smith of Fulton: A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish to officers and employees of such cities, so as to provide increased pensions for certain officers and employees; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1163. By Messrs. Phillips, Taylor and Thornton of Bibb and Mackay of DeKalb: A Bill to be entitled an Act known as the General Appropriations Act, so as to provide appropriations for the acquisition of Wesleyan Con servatory Property; and for other purposes.
Referred to the Committee on Appropriations.
HR 614-1163. By Messrs. Phillips, Taylor and Thornton of Bibb and Mackay of DeKalb: A Resolution relative to Wesleyan College; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 615-1163. By Messrs. Melton and Bolton of Spalding: A Resolution proposing an amendment to the Constitution so as to create the Griffin Industrial Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 616-1163. By Mr. Boggs of Madison: A Resolution proposing an amendment to the Constitution so as to create

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the Madison County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1164. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to provide for additional compensation for the Solicitor-General of the Dublin Judicial Circuit; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1165. By Mr, Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to game and fish, so as to provide that fishing license shall be required when fishing in salt water; and for other purposes.
Referred to the Committee on Natural Resources.

HR 617-1165. By Mr. Harrell of Fayette:
A Resolution proposing an amendment to the Constitution so as to create the Fayette County Industrial Building Authority; and for other pur poses.
Referred to the Committee on Spacial Judiciary.

HR 618-1165. By Mr. Miller of Elbert: A Resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Elbert County shall elect a County School Superintendent for Elbert County; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 619-1165. By Mr. Miller of Elbert: A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Elbert County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HR 620-1165. By Mr. Fowler of Douglas: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 7, 1962

1253

HB 1166. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend the Charter of the City of Kennesaw, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1167. By Messrs. Teague, Wilson and Willingham of Cobb: A Bill to be entitled an Act to amend an Act providing a new Charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1168. By Messrs. Teague, Willingham and Wilson of Cobb: A Bill to be entitled an Act to amend an Act to create a new Charter for the City of Smyrna so as to repeal and delete Section 77 of the Charter of the City of Smyrna; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1169. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend the Charter of Austell, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1170. By Messrs. Willingham, Wilson and Teague of Cobb: A Bill to be entitled an Act to create the Cobb County Records and Identification Bureau; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1171. By Messrs. Willingham, Wilson and Teague of Cobb: A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the Judges of said circuit receive from Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1172. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to fix the compensation of the Treasurer of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1173. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act fixing the compensation for the coroner of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1174. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Clerk of the Superior Court, and others; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1175. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1176. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 621-1176. By Messrs. Willingham, Wilson and Teague of Cobb:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board; and for other purposes.
Referred to the Committee oh Local Affairs.
HR 622-1176. By Messrs. Teague, Willingham and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly may exempt from taxation in the City of Smyrna the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1177. By Messrs. Steis of Harris, Harrell of Fayette, Smith of Whitfield, Underwood of Taylor, Brown of Hart, Andrews of Stephens and Akins of Union:
A Bill to be entitled an Act to create a division in the State Department

WEDNESDAY, FEBRUARY 7, 1962

1255

of Veterans' Service, to be known as the Georgia War Veterans' Mu seum; and for other purposes.
Referred to the Committee on Defense and Veterans' Affairs.

HB 1178. By Messrs. Culpepper of Talbot, Mullis of Bleckley, Pelham of Schley, Stevens of Marion, Stuckey of Dodge and others: A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt sales of prescription medicines; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1179. By Messrs. Busbee and Odom of Dougherty: A Bill to be entitled an Act providing for the execution of a bond for school principals, so as to provide that one or more principals or persons entering into employment as principals, may be covered under a. blanket bond; and for other purposes.
Referred to the Committee on Education.
HR 626-1179. By Mr. Mackay of DeKalb: A Resolution to compensate Robert L. Norquist; and for other purposes.
Referred to the Committee on Appropriations.
HB 1180. By Messrs. Crawford, Dickey and Funk of Chatham: A Bill to be entitled an Act to amend an Act creating the Municipal Court of Savannah, so as to increase the costs of said Court in all criminal and civil proceedings; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1181. By Messrs. Crawford, Dickey and Funk of Chatham: A Bill to be entitled an Act to amend an Act relating to and incorporat ing the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1182. By Mr. McDonald of White: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for White County; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HE 628-1182. By Mr. Barber of Jackson:
A Resolution proposing an amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes.
Referred to the Committee on Education.

HB 1183. By Mr. Pannell of Murray:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Chatsworth, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1117. By Mr. Davis of Wayne: A Bill to be entitled an Act to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Wayne County; and for other purposes.
HB 1118. By Mr. Davis of Wayne: A Bill to be entitled an Act to amend an Act repealing the Charter for the Town of Screven and re-incorporating said Town as a City and changing the name thereof to the "City of Screven" relating to utility services; and for other purposes.
HB 1119. By Mr. Stevens of Marion: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion; and for other purposes.
HB 1120. By Mr. Rodgers of Charlton: A Bill to be entitled an Act to amend an Act providing for the districting of Charlton County into fire protection districts, so as to provide for the delection of the provisions exempting incorporated municipalities from the provisions of the Act; and for other purposes.
HB 1121. By Messrs. Duncan and Waldrop of Carroll, Rogers of Paulding, Fowler of Douglas, Murphy of Haralson: A Bill to be entitled an Act to amend an Act establishing an Employee's

WEDNESDAY, FEBRUARY 7, 1962

1257

Retirement System, so as to provide the procedure whereby certain mem bers of the Employee's Retirement System of Georgia may re-establish credits for prior service; and for other purposes.

HB 1122. By Mr. Watson of Houston:
A Bill to be entitled an Act to amend an Act incorporating the munici pality of Warner Robins, so as to give the City of Warner Robins authorization to abandon a sewer easement; and for other purposes.

HB 1123. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Marion County, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1124. By Mr. Barnett of Baker:
A Bill to be entitled an Act to provide for compensation of the Board of Education of certain counties; and for other purposes.

HB 1125. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act which revised, superseded, and consolidated the laws relating to the Game and Fish Commission, so as to change the maximum limit on the length of a minnow net; and for other purposes.
HB 1126. By Messrs. Smith of Whitfield, Underwood of Montgomery, Howard of DeKalb, Scoggin of Floyd and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act relating to the carrying of weapons, so as to provide that if the applicant meets certain standards the ordinary shall grant him such a license; and for other purposes.

HR 576-1126. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to relieve the Sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created; and for other purposes.

HR 577-1126. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to pro vide for a County Administrator of Wayne County; and for other pur poses.

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JOURNAL OF THE HOUSE,

HE 578-1126. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of county officers of Wayne County; and for other purposes.

HR 579-1126. By Mr. Raulerson of Echols:
A Resolution proposing an amendment to the Constitution providing that motor vehicles shall not be included in the classes of tangible and intangible personal property for the purpose of taxation but shall con stitute a class alone; and for other purposes.

HR 580-1126. By Messrs. NeSmith and Hill of Meriwether: A Resolution to compensate Mrs. Homer Smith; and for other purposes.

HR 581-1126. By Messrs. NeSmith and Hill of Meriwether: A Resolution to compensate Mrs. L. R. Collins; and for other purposes.

HR 582-1126. By Messrs. Busbee and Odom of Dougherty:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment of fire protection districts in Dougherty County outside municipalities by the governing authority of Dougherty County; and for other purposes.

HR 583-1126. By Messrs. Andrews of Stephens and Purcell of Franklin:
A Resolution authorizing the Governor to transfer certain islands lying in the Tugaloo River adjacent to the counties of Hart, Franklin and Stephens to the United States of America; and for other purposes.

HR 584-1126. By Messrs. Duncan and Waldrop of Carroll:
A Resolution proposing an amendment to the Constitution so as to create the "Mt. Zion, Turkey Creek and Flint Corner Development Authority", and for other purposes.

HR 585-1126. By Mr. Smith of Habersham: A Resolution proposing an amendment to the Constitution so as to create the Clarkesville Industrial Building Authority; and for other purposes.
HB 1127. By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill to be entitled an Act to create a Board of Commissioners for Muscogee County, to be known as "Columbus-Muscogee Board of Com missioners"; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1962

1259

HB 1128. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to provide a maximum salary for the coroner of Burke County; and for other purposes.

HB 1129. By Messrs. Pannell of Murray, Moss of Calhoun, Atkins of Union, Rowland of Johnson, Sinclair of Macon, Barber of Jackson and Hall of Lee:
A Bill to be entitled an Act to repeal certain laws and parts of laws relating to the Cherokee Indians; and for other purposes.

HB 1130. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the City Court of Elberton in Elbert County; and for other pur poses,

HB 1131. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Wrightsville; and for other purposes.

HR 586-1131. By Mr. Phillips of Walton:
A Resolution proposing an amendment to the Constitution so as to create the Walton Industrial Building Authority; and for other purposes.

HR 587-1131. By Messrs. Lewis and Tucker of Burke:
A Resolution proposing an amendment to the Constitution so as to create the Burke County Development Authority; and for other purposes.

HR 588-1131. By Mr. Bynum of Rabun:
A Resolution to provide that the State Parks Department designate an appropriate area for the arboretum and a lake at Black Rock State Park in Rabun County; and for other purposes.

HR 589-1131. By Messrs. Coker and Abney of Walker:
A Resolution proposing an amendment to the Constitution so as to create the Walker County Development Authority; and for other purposes.

HR 590-1131. By Messrs. Adams of Polk, Lane of Bulloch, Moate of Hancock, Abney of Walker, Flexer of Glynn, Roberts of Jones and others:
A Resolution proposing an amendment to the Constitution so as to change

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JOURNAL OF THE HOUSE,

the provisions relating to the terms of the members of the General Assembly; and for other purposes.

HB 1132. By Messrs. Smith of Emanuel, Steis of Harris, Flexer of Glynn, Pickard of Muscogee, Roberts of Jones, Murphy of Haralson and Wilkes of Cook:
A Bill to be entitled an Act to fix and establish the salary and expense allowances to be paid elective Constitutional officers and other elected and appointed officials of this State; and for other purposes.

HB 1133. By Messrs. Pannell of Murray, Smith of Grady and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act", so as to provide an appropriations for the Budget Bureau; and for other purposes.

HB 1134. By Mr. Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act incorporating the City of Reidsville, by abolishing the present Charter of said city, so as to change the corporate limits; and for other purposes.

HB 1135. By Messrs. Twitty and Collins of Mitchell:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Camilla, so as to change the corporate limits; and for other purposes.

HB 1136. By Messrs. Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act proving that certain cities shall furnish pensions to officers and employees, so as to provide credit for prior service with the United States Government; and for other purposes.

HB 1137. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to create a new Charter for the City of Quitman; and for other purposes.

HB 1138. By Mr. McGarity of Henry:
A Bill to be entitled an Act incorporating the Town of Hampton, so as to authorize assessments against abutting property owners for laying sewer lines; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1962

1261

HB 1139. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the Charter of the Town of Locust Grove, so as to change the corporate limits of said town; and for other purposes.

HB 1140. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the Town of Locust Grove; and for other purposes.

HB 1141. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act incorporating the City of Dalton; and for other purposes.

HB 1142. By Mr. Lane of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the Game and Pish Commission, so as to provide which animals might be hunted at night; and for other purposes.

HB 1143. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code, so as to define a variable annuity contract; and for other purposes.

HB 1144. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act relating to the Clerk of the Superior Court of Harris County; so as to provide for clerical help; and for other purposes..

HB 1145. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta by excluding certain territory from the City limits; and for other purposes.

HB 1146. By Mr. Brooks of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, by extending the City limits; and for other purposes.
HB 1147. By Messrs. Williams of Hall, Taylor of Dawson, Chandler of Baldwin, Andrews of Hall, Barrett of Cherokee, and others: A Bill to be entitled an Act to fix the situs of houseboats, motorboats,

1262

JOURNAL OF THE HOUSE,

sailboats and house-trailers for the purpose of ad valorem taxation; and for other purposes.

HR 591-1147. By Messrs. Dickey, Crawford and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to create additional industrial areas in the County of Chatham; and for other purposes.

HR 592-1147. By Mr. Brantley of Candler:
A Resolution proposing an amendment to the Constitution so as to create the Candler County Industrial Authority; and for other purposes.

HR 593-1147. By Messrs. Dickey and Crawford of Chatham: A Resolution relating to the erection of a monument to Button Gwinnett; and for other purposes.
HB 1148. By Messrs. Smith of Fulton and Howard of DeKalb: A Bill to be entitled an Act to provide that in certain cities the govern ing authorities shall not employ or appoint any person as a member of its police force or police department for a work week longer than forty hours; and for other purposes.
HB 1149. By Messrs. Massee of Pulaski, Duncan of Carroll, Lane of Bulloch, Shuman of Bryan, Walker of Lowndes, Horton of Putnam and Mullis of Bleckley: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the sale of machinery for new and expanding industry shall not be subject to the sales and use tax; and for other purposes.
HB 1150. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to provide the designation of the two repre sentatives of Cherokee County as Position No. 1 and Position No. 2; and for other purposes.
HB 1151. By Mr. Barrett of Cherokee: A Bill to be entitled an Act to authorize and empower the governing authority of certain counties to license amusement machines or devices commonly known as pinball machines and to license establishments commonly known as poolrooms which have therein pool tables, snooker tables or billiard tables; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1962

1263

HR 607-1151. By Messrs. Story and Morgan of Gwinnett:
A Resolution proposing an amendment to the Constitution so as to create the Gwinnett Industrial Building Authority; and for other pur poses.

HB 1152. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act known as the Appropria tions Act, so as to provide that the part of the appropriations to the Supreme Court shall be used for compensating attorneys for services rendered in the appeal for an indigent in felony cases; and for other purposes.

HR 608-1152. By Mr. Killian of Glynn: A Resolution to compensate Reid W. Harris; and for other purposes.

SR 128. By Senator Jackson of the 24th:
A Resolution proposing an amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department; and for other purposes.

SR 131. By Senator Dykes of the 14th:
A Resolution proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the Cochran Independent School System and the Bleckley County School System into one consolidated school system; and for other purposes.

SB 208. By Senator Mathews of the 48th: A Bill to be entitled an Act to amend an Act requiring all judges of superior court to wear black robes while presiding in court, and pro viding for the keeping of flags in tha courtrooms; and for other pur poses.
SB 224. By Senator Raynor of the 4th:
A Bill to be entitled an Act to amend an Act revising the State Game and Pish Laws, as amended, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.
SB 232. By Senator Owens of the 32nd:
A Bill to be entitled an Act to regulate the sale of eggs; to provide for the bonding and licensing of egg dealers and a procedure connected therewith; to provide for enforcement and a procedure connected there with; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 235. By Senator Hart of the 53rd, and others:
A Bill to be entitled an Act to amend an Act relating to payment of education grants from State and local funds to school children; and for other purposes.

SB 239. By Senators Dykes of the 14th, Dailey of the llth and Waters of the 41st:
A Bill to be entitled an Act to amend the laws relating to the State Board of Corrections and prisons approved Feb. 20, 1956, as amended, so as to provide for the designation of first offenders honor camps; and for other purposes.

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 1133. Do Pass. HB 808. Do Pass.
Respectfully submitted, Smith of Grady, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

Your Committee on Education 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 House with the following recommendations:

HB

971. Do Not Pass.

HB

972. Do Not Pass.

HR 534-1024. Do Pass.

Respectfully submitted,

Hall of Floyd,

Chairman.

WEDNESDAY, FEBRUARY 7, 1962

1265

Mr. Phillips of Columbia County, Chairman of the Committee on Interstate Cooperation, submitted the following report:

Mr. Speaker:

Your Committee on Interstate Cooperation has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 983. Do Pass, as Amended.
Respectfully submitted,
Phillips of Columbia,
Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under consid eration the following Bill and Resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the fol lowing recommendations:

HR 583-1126. Do Pass.

SB

239. Do Pass.

HR 593-1147. Do Pass.

Respectfully submitted,

Cox of Clarke, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
SB 208. Do Pass. HB 945. Do Pass, by Committee Substitute. HB 1126. Do Not Pass. HB 1063. Do Pass.

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JOURNAL OF THE HOUSE,

HB 1062. Do Pass. HB 919. Do Pass. HB 931. Do Pass, by Substitute.
Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recommendations:

HB 1060. Do Pass.

HB 1086. Do Pass.

HB 1087. Do Pass.

HB 1088. Do Pass.

HB 1092. Do Pass.

HB 1093. Do Pass.

HB 1094. Do Pass.

HB 1095. Do Pass.

HB 1096. Do Pass.

HB 1106. Do Pass.

HB 1107. Do Pass.

HB 1109. Do Pass.

SB 231. Do Pass.

Respectfully submitted,

Underwood of Montgomery,

Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill

WEDNESDAY, FEBRUARY 7, 1962

1267

and Resolution of the House and Senate and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 544-1049. Do Pass, as Amended.

SB

202. Do Pass, as Amended.

Respectfully submitted,

Twitty of Mitchell,

Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recom mendations :

HR 479-950. Do Pass, as Amended.

HB

797. Do Pass, by Substitute, as Amended.

HB 1081. Do Pass.

HB

841. Do Not Pass.

HR 575-1110. Do Pass.

HR 423-888. Do Pass, by Substitute.

HB 1054. Do Pass.

HB 1071. Do Pass.

SB

230. Do Pass.

HB 1025. Do Pass.

HR 565-1101. Do Pass.

HR 531-1024. Do Pass.

HR 540-1040. Do Pass.

HR 530-1024. Do Pass.

HR 550-1065. Do Pass.

HR 542-1049. Do Pass.

HR 586-1131. Do Pass.

HR 535-1032. Do Pass.

HR 607-1151. Do Pass.

HR 533-1024. Do Pass, as Amended.

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JOURNAL OF THE HOUSE,

HE 589-1131. Do Pass. HE 585-1126. Do Pass. HE 592-1147. Do Pass. HE 587-1131. Do Pass. HE 584-1126. Do Pass.

Eespectfully submitted, Bolton of Spalding, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Eepublic, submitted the following report:

Mr. Speaker:

Your Committee on State of Eepublic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the House with the following recom mendations :

SB 189. Do Pass.

HB 1121. Do Pass, as Amended.

HB 824. Do Not Pass.

HB 942. Do Not Pass.

HE 505-981. Do Not Pass.

HE 501-981. Do Pass.

HB 1008. Do Not Pass.

SB 211. Do Pass.

Eespectfully submitted, McCracken of Jefferson,

Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill

WEDNESDAY, FEBRUARY 7, 1962

1269

of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 922. Do Pass, by Substitute. Respectfully submitted, Duncan of Carroll, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House, to wit:

HB 714. By Messrs. Floyd of Chattooga, Ross of Lincoln, Smith of Habersham and others:
A Bill to amend an Act providing for absentee voting by members of the military, so as to fix the date for holding political party primaries; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate as passed, as amended, by the requisite constitutional majority the following Bill of the House, to wit:

HB 732. By Messrs. Fuqua of Richmond and Mackay of DeKalb: A Bill to provide for the "Uniform Commercial Code"; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to wit:

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JOURNAL OF THE HOUSE,

HE 609. By Mr. Smith of Emanuel:
Calling a joint session to hear an address from Lieutenant General Lewis Blaine Hershey; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to wit:

SR 147. By Senators Perry of the 49th and Warnell of the 2nd:
A Resolution requesting the Georgia Congressional Delegation to seek to have enacted Federal Legislation authorizing payment of funds to counties in which military installations are located; and for other pur poses.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional ma jority the following Resolution of the House, to wit:
HR 446-915. By Mr. Thornton of Bibb: A Resolution to amend an Resolution creating the Criminal Law Study Committee, approved March 7, 1961 (Ga. Laws 1961, p. 96), so as to clarify provisions relating to service and funds; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolution of the Senate, to wit:
SB 215. By Senator Sanders of the 18th: A Bill to provide that whenever income from an estate or trust is avail able for the benefit of a parson whose support is the legal obligation of

WEDNESDAY, FEBRUARY 7, 1962

1271

another and such income is actually used for such person's support, the legal obligation of the other to support such person is reduced to the extent that such income is actually used for such persons support; and for other purposes.

SB 259. By Senator Claxton of the 21st:
A Bill to amend an Act establishing the State Employees' Retirement System, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for credit to members for previous service as an em ployee of the Peace Officers' Annuity for Benefit Fund; and for other purposes.

SB 264. By Senator Lambert of the 28th:
A Bill to add one additional Judge of the Superior Court for the Ocmulgee Judicial Circuit of Georgia, so as to make two judges in said court to provide for the election and term of office of said judge, and fix a time at which he shall begin his term of office; and for other purposes.

SR 98. By Senator Veazey of the 19th: A Resolution proposing an amendment to the Constitution so as to pro vide for one Senator from each county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the Senate, to wit:
SR 87. By Senator Sanders of the 18th: A Resolution proposing an amendment to the Constitution so as to provide for four year terms for members of the State Senate; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to wit:

1272

JOURNAL OF THE HOUSE,

SB 257. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill providing a pension for members of police departments in cities having a population of 150,000 or more, in the State of Georgia, accord ing to last census of United States, and for other purposes, as sat forth in the Act approved Feb. 15, 1933 and the several Acts amenda tory thereof; and for other purposes.

SB 258. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to amend the Act providing pensions for members of paid fire departments applicable to cities having more than 150,000 population by the United States Census of 1920 and any subsequent census, as amended (Ga. Laws 1924, pp. 167 et ssq.) ; to repeal conflicting laws; and for other purposes.

SB 262. By Senator Brown of the 52nd:
A Bill to provide for an appropriation on the first day of each calendar quarter by the Board of Commissioners of certain counties to the County Board of Education a sum sufficient to pay the obligations of the Board of Education; and for other purposes.

SB 267. By Senator Veazey of the 19th: A Bill to provide that the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all traffic violations in said counties; to provide for costs of same; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read and referred to the Committees:

SR 87. By Senator Sanders of the 18th:
A Resolution proposing an amendment to the Constitution so as to pro vide for four year terms for members of the State Senate; and for other purposes.
Referred to the Committee on State of Republic.

SR 98. By Senator Veazey of the 19th:
A Resolution proposing an amendment to the Constitution so as to pro vide for one Senator from each county; and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, FEBRUARY 7, 1962

1273

SB 215. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide that whenever income from an estate or trust is available for the benefit of a person whose support is the legal obligation of another and such income is actually used for such person's support, the legal obligation of the other to support such person is reduced to the extent that such income is actually used for such persons support; and for other purposes.
Referred to the Committee on Judiciary.

SB 259. By Senator Claxton of the 21st:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System so as to provide for credit to members for previous service as an employee of the Peace Officers' Annuity for Benefit Fund; and for other purposes.
Referred to the Committee on State of Republic.

SB 264. By Senator Lambert of the 28th:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Ocmulgee Judicial Circuit of Georgia, so as to make two judges in said court; and for other purposes.
Referred to the Committee on Judiciary.
SB 257. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act providing a pension for members of police departments in cities having a population of 150,000 or more, in the State of Georgia, according to last census of United States, and for other purposes set forth in the Act approved February 15, 1933 and the several Acts amendatory thereof; and for other purposes. Referred to the Committee on Local Affairs.
SB 258. By Senators Brown of the 52nd and McWhorter of the 34th: A Bill to be entitled an Act to amend the Act providing pensions for members of paid fire departments applicable to cities having more than 150,000 population by the United States Census of 1920 and any subse quent census; and for other purposes.
Referred to the Committee on Local Affairs.
SB 262. By Senator Brown of the 52nd: A Bill to be entitled an Act to provide for the appropriation on the first day of each calendar quarter by the Board of Commissioners of certain counties to the County Board of Education a sum sufficient to pay the obligations of the Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

1274

JOURNAL OF THE HOUSE,

SB 267. By Senator Veazey of the 19th:
A Bill to be entitled an Act to provide that the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all traffic vio lations in said counties; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Rutland of DeKalb asked unanimous consent that the House reconsider its action in failing to give HB 914 the requisite constitutional majority:

HB 914. By Messrs. Rutland, Mackay and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program for Education in Georgia, so as to equalize educa tional opportunities throughout the State; and for other purposes.

The consent was granted and HB 914 was placed on the General Calendar.

Mr. Rowland of Johnson asked unanimous consent that the House reconsider its action in failing to give HB 724 the requisite constitutional majority:

HB 724. By Messrs. Rowland of Johnson, Barrett of Cherokee, and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, so as to provide for the compensation of the Chairman and other members of the Board and persons in the employ of the Board; and for other purposes.

The consent was granted and HB 724 was placed on the General Calendar.
Mr. Steis of Harris asked unanimous consent that the House reconsider its action in failing to give HB 608 the requisite constitutional majority:
HB 608. By Messrs. Steis of Harris, Howard of DeKalb, and others: A Bill to be entitled an Act to amend Code Section 92-4105 of the 1933 Code of Georgia which provides for the limitation on Cities' right of taxation by exempting from taxation traveling salesmen, so as to exempt certain merchants and dealers and their employees from municipal tax ation; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

WEDNESDAY, FEBRUARY 7, 1962

1275

HB 812. By Messrs. Caldwell of Upson, Brooks of Fulton and Twitty of Mitchell:
A Bill to be entitled an Act to increase the salaries of Superior Court Judges; and for other purposes.
On the motion to agree the roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Bozeman Brown Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Crowe Dickey Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flynt Funk Hale Hall of Lee Harrell Henderson Hill Horton Howard

Hull Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Laurens Knight of Berrien Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Massee Matthews of Clarke McCracken McCutchen Melton Milhollin Mixon Moore Moorman Morgan Morris Mullis NeSmith Newton Odom Otwell Pannell Paris Parker of Ware Parker of Appling Farmer Payton

Those voting in the negative were Messrs.:

Adams Culpepper

Fordham Lane

Pelham Phillips of Columbia Pickard Poole Potts Purcell Rainey Roberts Rogers of Paulding Roper Rowland Sangster Simpson Singer Smith of Grady Smith of Brantley Smith of Whitfield Steis Story Tabb Tamplin Taylor of Dawson Teague Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee Wickhani Wilkes Willingham Wilson Woodward Young
Mackay Matthews of Cplquitt

1276

JOURNAL OF THE HOUSE,

Miller Rutland

Smith of Habersham Strickland

Taylor of Bibb White

Those not voting were Messrs.:

Andrews of Hall Boggs Bowen of Randolph Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Budd Chandler Clarke of Monroe Cocke Coker Collins Conner Cox Crawford Davis Deen Dicus Dollar Dorminy Flexer

Floyd Fowler of Douglas Fowler of Treutlen Fuqua Greene Hall of Floyd Hodges Hurst Joiner Jones of Sumter Keyton Killingsworth Kimmons Lee of Clinch Lokey Lovett McClelland McDonald McGarity Moate Moss Murphy Parker of Screven

Phillips of Walton Phillips of Bibb Raulerson Rodgers of Charlton Ross Scarborough Scoggin Sheffield Shuman Simmons Sinclair Smith of Fulton Stevens Stuckey Taylor of Decatur Thornton Todd Underwood of Taylor Watson Wells of Camden Williams of Coffee Williams of Hall Mr. Speaker

On the motion to agree to the Senate amendment to HB 812, the ayes were 124, nays 12.

The Senate amendment to HB 812 was agreed to.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1021. By Mr. Rogers of Paulding: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County; as to increase the funds provided for clerical help; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.

WEDNESDAY, FEBRUARY 7, 1962

1277

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

HB 1019. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to create effective January 1, 1965, the office of Commissioner of Roads and Revenues for Paulding County with the first commissioner to be elected in 1964 to take office January 1, 1965; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 1025. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act to amend an Act creating the Albany Dougherty Payroll Development Authority, approved March 21, 1958; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 1055. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, ap proved February 18, 1942 as amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

1278

JOURNAL OF THE HOUSE,

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

HB 1057. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hinesville in Liberty County, approved July 24, 1916; as amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 1070. By Messrs. Bozeman and Keyton of Thomas:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900, as amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1072. By Messrs. Dickey, Funk, Crawford of Chatham: A Bill to be entitled an Act to provide for the establishment of fire protection districts in Chatham County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 7, 1962

1279

HB 1073. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Alma (now the City of Alma), so as to provide for a change in the date for holding elections for city officers of Alma; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1075. By Mr. Knight of Berrien: A Bill to be entitled an Act providing for holding four terms each year of Berrien Superior Court, to provide for a change in date of holding terms of the Superior Court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1083. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Lawrenceville.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 983. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to create and incorporate the City of Martinez, in the County of Columbia, and to grant a charter to that muni cipality under that name and style; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Interstate Cooperation moves to amend HB 983 as follows:
By striking Section 19 of said Bill in its entirety and inserting in lieu thereof a new Section 19 to read as follows:
"Section 19. The mayor and councilmen of the City of Martinez shall have the right, power and authority to assess, levy and collect a tax upon all property, real and personal, within the cor porate limits of said city, not to exceed one mill ad valorem, for the support and maintenanis of government of the City of Martinez, and for the retirement of any bonds for said city. In case of extraordinary emergency, the mayor and councilmen shall have power and authority to increase said tax rate one-half mill ad valorem, on all property, both real and personal, in the corporate limits of the City of Martinez. The tax rate of one and one-half mills ad valorem on all property, both real and personal, in the corporate limits of the City of Martinez shall not be increased, unless first approved by majority vote of the electors of said City of Martinez at a special referendum called for the purpose of raising or increasing the ad valorem tax rate of the City of Martinez. In the event of failure to receive a majority vote of the electorate of the City of Martinez, no special referendum to raise or increase the tax rate of the City of Martinez shall again be called until the expiration of two years.
"That the mayor and council shall also have the power to assess, levy and collect a specific or occupation tax upon all busi nesses, occupations, professions or trades, public or private, exer cised within the city that they may deem just and proper; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, upon drays, hacks, hotels, motels, boarding houses, restaurants, markets, stores, fish stands, billiard rooms and other kinds of tables, tenpin alleys, bowling alleys, butcher shops, garages, drug stores, and upon all other classes or kinds of business, legiti mately coming within the police power of said City of Martinez as may be just and reasonable, and to fix and collect a specific or occupation tax upon the agency of any railroad, express, telegraph or telephone or electric light company, or other similar corporation. The taxing power of the city, except as limited by the law, shall be as general and full and complete as that of the state itself."
and by striking from Section 29 of said Bill the last sentence which reads as follows:

WEDNESDAY, FEBRUARY 7, 1962

1281

"Upon the failure of said telegraph, telephone, power or elec tric company to remove same within ten days after having been notified to do so, said city authorities shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution."

and by striking Section 35 of said Bill in its entirety and inserting in lieu thereof a new Section 35 to read as follows:

"Section 35. The City of Martinez shall obtain fire protection from the Martinez Volunteer Fire Department, and the mayor and council shall adopt rules and regulations of the said Martinez Vol unteer Fire Department as will best promote the object and pur pose of protecting property from fires."

and by striking from the first sentence of Section 46 of said Bill the words "Not less than 20 nor more than 30 days", so that whan so amended the first sentence of said section 46 shall read as follows:

"Section 46. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordi nary of Columbia County, Georgia, to issue the call for an election to be held the 2nd Wednesday in September, 1962, for the purpose of submitting this Act to the voters who are qualified voters of Columbia County, Georgia, and reside within the proposed limits of the City of Martinez."

and by renumbering the last Section of said Bill to read "Section 47".

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, as amended, the ayes were 114, nays 0.

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

HB 1056. By Messrs. Henderson of Atkinson, Knight of Berrien, and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Court of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.

The following committee amendments were read and adopted:

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JOURNAL OP THE HOUSE,

Committee on Local Affairs moves to amend HB 1056 as follows:

By striking from Section 1 of said Bill the figure "$365.16" wher ever it may appear and inserting in lieu thereof the figure "$600.00".
By striking from Section 1 of said Bill the figure "$5,376.36" wher ever it may appear and inserting in lieu thereof the figure "$5,814.60".
Committee on Local Affairs moves to amend HB 1056 as follows:
By striking from Section 1 thereof, wherever it may appear, the figure "$396.60" and inserting in lieu thereof the figure "$600.00".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 970. By Messrs. Killian and Plexer of Glynn:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in Glynn County, so as to provide for education beyond the High School level; and for other purposes.

The following Committee amendment was read and adopted:
Proposed amendment to House Bill amending the Acts relating to the Board of Education of Glynn County, Georgia, to clarify its power and authority to establish a junior college.
Committee on Local Affairs amends HB 970 as follows:
By inserting in Section 1 of said Bill between the word "and" and the words "to contribute funds to the Board of Regents of the Univer sity System of Georgia," the following words: "further, in its sole dis cretion,", so that said s:ction as amended shall read as follows, to-wit:
"Section 1. That from and after the passage of this Act, that Section 14 of the Act approved July 23, 1914 (Georgia Laws 1914, p. 275, 285), and the Acts amendatory thereto is hereby amended by adding at the end of Section 14 of said Act of 1914, the follow ing words, to-wit: 'The Board of Education of Glynn County, its

WEDNESDAY, FEBRUARY 7, 1962

1283

successors or assigns, is specifically authorized, as is the general intent of the preceding portion of this Section, to acquire real property and to acquire, construct and equip buildings and facili ties for education beyond the high school level, and to maintain and operate same, and further, in its sole discretion, to contribute funds to the Board of Regents of the University System of Georgia, act ing for and on behalf of the Regents of the University System of Georgia, to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facili ties for education beyond the high school level, and the maintenance and operation of same and to convey such property, buildings and facilities to the Board of Regents of the University System of Georgia, its successors or assigns, same to be operated and main tained as per the terms and conditions agreed upon between said Board of Education and said Board of Regents.' "

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, as amended, the ayes were 114, nays 0.

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

By unanimous consent the following Resolutions of the House were taken up for consideration and read the third time:

HR 530-1024. By Mr. Wells of Oconee:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Oconee County Industrial Development Authority; to provide for pow ers, authority, funds, purposes and procedure connected therewith; 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in

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JOURNAL OP THE HOUSE,

Oconee County to be known as the Oconee County Industrial De velopment Authority, which shall be an instrumentality of Oconee County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members. The President of the Athens Area Chamber of Commerce, the Mayor of Watkinsville and the Chairman of the Oconee County Board of Commis sioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Oconee County shall appoint two members who shall serve for a term of five years and who shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quo rum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Oconee County.

"D. The powers of the Authority shall include, but not be lim ited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Oconee County so as to relieve insofar as possible unemployment within its bounda ries, and to that end to acquire by purchase or gift any building or structure within the limits of Oconee County suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurte nant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through

WEDNESDAY, FEBRUARY 7, 1962

1285

the acquisition of an existing building and the remodeling, reno vating, reconstructing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Oconee County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, 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 lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Oconee County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Oconee County.

1286

JOURNAL OF THE HOUSE,

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"1. The undertaking for which the bonds are to be issued will increase employment in Oconee County.
"2. The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 Oconee County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Oconee County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with ref erence to the Authority shall be liberally construed for the accom plishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and
prescribe the powers and duties of the Authority and the exer cise thereof, and may enlarge and restrict the same, and may like wise further regulate the management and conduct of the Author ity. The Authority shall be an instrumentality of Oconee County
and the scope of its operations shall be limited to the territory em braced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

WEDNESDAY, FEBRUARY 7, 1962

1287

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Oconee County Industrial Development Authority.

"Against ratification of amendment to the Constitution so as to create the Oconee County Industrial Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and cer tify 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley

Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe

1288

JOURNAL OF THE HOUSE,

Cloer Collins Conner
Crowe Culpepper Davis Deen
Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard
Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd
Killian King Kirkland Knight of Berrien Lane

Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts

Rodgers of Charlton Roper Rutland Sangster Scarborough
Scoggin Shuman Singer
Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens
Story Strickland
Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop
Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs. :

Boggs Bowen of Toombs Bozeman Branch Chance Cocke Coker Cox Crawford

Dicus Dorminy Fitzgerald Fleming
Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons
Knight of Laurens Lee of Clinch Loggins Lovett

WEDNESDAY, FEBRUARY 7, 1962

1289

McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur

Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 531-1024. By Mr. Purcell of Franklin:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Franklin County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Franklin County to be known as the 'Franklin County Industrial Building Authority', which shall be an instrumentality of Franklin County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of seven members. The Mayors of Canon, Carnesville, Franklin Springs, Lavonia and Royston by their offices shall be members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Franklin County shall appoint two members who shall serve for a term of five years and who shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Board of County Com missioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

1290

JOURNAL OF THE HOUSE,

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Franklin County.

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1.) To receive and administer gifts, grants and donations and to administer trusts;
"(2.) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(3.) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4.) To have and exercise usual powers of a private cor poration except such as are inconsistent with this amendment, in cluding the power to appoint and hire officers, agents and em ployees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regula tions for the conduct and management of the Authority;
"(5.) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Franklin County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Franklin County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovat ing, reconstructing, furnishing and equipping of such building;
"(6.) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms and corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7.) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

WEDNESDAY, FEBRUARY 7, 1962

1291

"(8.) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9.) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Franklin County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Georgia Laws 1937, page 761) as amended, Georgia Code Annotated Supp. Chapter 87-8, 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 lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide sscurity for any bonds issued as pro vided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Franklin County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Franklin County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1.) The undertaking for which the bonds are to be issued will increase employment in Franklin County;
"(2.) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia;

1292

JOURNAL OP THE HOUSE,

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 Franklin County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Franklin County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Franklin County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations be yond such limits."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Franklin Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Franklin Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amend-

WEDNESDAY, FEBRUARY 7, 1962

1293

ment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this
State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer

Collins Conner Crowe Culpepper Da vis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin

Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan

1294

JOURNAL OF THE HOUSE,

Morris Murphy
NeSmith Newton
Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poola Potts Purcell
Rainey Raulerson Roberts

Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd

Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua
Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

WEDNESDAY, FEBRUARY 7, 1962

1295

HR 532-1024. By Mr. Andrews of Stephens:

A RESOLUTION

Proposing an amendment to Article VII, Section V, Paragraph I of the Constitution so as to create the Stephens County Development Au thority; to provide for the powers, authority, funds, purposes, and procedure connected 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 VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Stephens County to be known as the Stephens County Development Authority, which shall be an instrumentality of Stephens County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five members. The Presi dent of the Stephens County Chamber of Commerce, the Mayor of Toccoa, Georgia, and the Chairman of the Stephens County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenues of Stephens County shall appoint two members who shall serve for a cies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Stephens County.
"D. The powers of the Authority shall include but not be limited to, the power:
"(1.) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as lessor or lessee, and mortgage land, buildings and property of all kinds within the limits of Stephens County;
"(2.) To receive and administer gifts, grants and donations and to administer trusts;
"(3.) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in dustrial plant or establishment within Stephens County which in

1296

JOURNAL OF THE HOUSE,

the judgment of the Authority will be of benefit to the people of said county. The provisions of this clause shall not be construed to limit any other powers of the Authority;
"(4.) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5.) To contract with Stephens County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6.) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(7.) To encourage and promote the expansion of industry> agriculture, trade and commerce in Stephens County, and to make long range plans therefor;
"(8.) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9.) To designate officers to sign and act for the Authority generally or in any specific manner;
"(10.) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Stephens County.

"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"G. The members of the Authority shall receive no compensa tion for their services to the Authority.

"H. The Authority, with the consent of the Board of Com missioners of Roads and Revenues of Stephens County is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. (Revenue Certificates, thus issued, shall be paid from the income of the Authority).

WEDNESDAY, FEBRUARY 7, 1962

1297

"I. The governing authority of Stephens County is authorized to appropriate to the Authority such amount as is due the Authority under the provisions of this Act from the tax funds collected each year in said county and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law.

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"K. This amendment is adopted for the purpose of promoting
and expanding for the public good and welfare of Stephens County and its citizens, industry, agriculture and trade within the County of Stephens, and making long-range plans for such development and expansion and to authorize the use of public funds of Stephens County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"L. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Stephens County, and the scope of its operations shall be limited to the territory embraced within Stephens County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Stephens County.

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Stephens County.

"0. The County of Stephens is hereby authorized to levy and collect an annual ad valorem tax not to exceed two mills for develop ing and promoting industry and agriculture and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein.

"P. If at any time, in the judgment of the County Commis sioners of Stephens County, the two mills ad valorem tax levy as herein provided is no longer needed to effectuate the purposes of this amendment said Commissioners may discontinue said two mills ad valorem tax levy without further legislative enactment."

1298

JOUENAL OF THE HOUSE,

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Stephens County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Stephens County Development Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this
State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorfl Ballard Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley

Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe

WEDNESDAY, FEBRUARY 7, 1962

1299

Cloer Collins Conner
Crowe Culpepper Davis Deen
Dickey Dollar Doster Duncan of Pannin
Duncan of Carroll Dunn
Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson
Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter
Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane

Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odora Pannell Paris Parker of Screven Parker of Ware Parker of Appling
Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey
Raulerson Roberts

Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer
Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland
Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker
Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware
Watson Wells of Peach Wells of Oeonee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker
Cox Crawford

Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins
Lovett

1300

JOURNAL OF THE HOUSE,

McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of PauldingRoss

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur

Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 535-1032. By Mr. Lokey of McDuffie:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Thomson-McDuffie County Industrial 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 OP GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Thomson-McDuffie County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the corporate limits of the City of Thomson and McDuffie County. The City of Thomson and the County of McDuffie may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The members of the Authority, their qualifications, terms, and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the imple mentation of this amendment.

WEDNESDAY, FEBRUARY 7, 1962

1301

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shal be exempt from State and local taxation.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of McDuffie County.

"Said Authority is created for the purpose of developing, promoting, and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion, within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the City of Thomson and the County of McDuffie. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.

"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the day of transfer of possession. The
lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal
and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Thomson-McDuffie County Industrial Development Au thority.

1302

JOURNAL OF THE HOUSE,

"Against ratification of amendment to the Constitution so as to create the Thomson-McDuffie County Industrial Development Au thority."

All persons desiring to vote in favor of adopting the proposad amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the propossd amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Tootnbs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton
Brown Budd Busbee Bynum

Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols F lexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk
Greene Hale

Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey

WEDNESDAY, FEBRUARY 7, 1962

1303

Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton

Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb

Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson
Woodward Young

Those not voting were Messrs. :

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker
Cox
Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland
Sheffield Simmons
Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

1304

JOURNAL OF THE HOUSE,

HR 537-1034. By Messrs. Pickard, Wickham and Dicus of Muscogee:

A RESOLUTION

Proposing to the qualified voters of Muscogee County an amend ment to the Constitution, so as to authorize Muscogee County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated; 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 VII, Paragraph V of the Constitution is hereby amended by adding at the end of Paragraph V the following:

"Provided, further, that revenue anticipation obligations herein called revenue bonds may be issued by Muscogee County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either, of facilities, including land, building, ap purtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enter prise in storing, warehousing, distributing, or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by revenue of such undertaking shall have been paid in full.

"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of the Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the prin cipal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligations, such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the govern ing body of the issuer and when so authorized the procedure of
validation, issuance and delivery shall be in all respects in accord ance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."

WEDNESDAY, FEBRUARY 7, 1962

1305

SECTION 2

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

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

"For ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution authorizing Muscogee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.

"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Muscogee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the propossd amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Bolton Bowen of Toombs Boyett

1306

JOURNAL OF THE HOUSE,

Brackin Brantley
Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn
Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk
Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

Keadle
Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke
Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton
Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton
Pelham Phillips of Columbia Phillips of Walton
Pickard
Poolo Potts

Purcell Rainey
Raulerson Roberts Rodgers of Charlton Roper Rutland
Sangster Scarborough Scoggin Shuman Singer
Smith of Grady Smith of Fulton Smith of Whitfield Steis
Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee
Willingham Wilson Woodward Young

Thoss not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance

Cocke Coker
Cox
Crawford Dicus

Dorminy Fitzgerald Fleming Floyd Fuqua

WEDNESDAY, FEBRUARY 7, 1962

1307

Hodges Horton Hull Hurst Joiner Keyton Killingsworth Kimmons
Knight of Laurens Lee of Clinch Loggins Lovett McGarity

Moato Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross
Rowland Sheffield Simmons Simpson Sinclair

Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden
Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 540-1040. By Messrs. Milhollin and Williams of Coffee:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Coffee County Recreational Authority; to prescribe the procedure con nected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to taxing power and contributions of counties, municipalities and political divisions of the State, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Coffee County Recreational Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation. The Authority shall consist of and be governed by five members: the five members shall be appointed by the Com missioners of Coffee County, Georgia. The members shall be ap pointed from the various road districts of Coffee County as follows: one from Ambrose-Bridgetown District; one from Broxton-Westgreen District and three from Douglas-Nicholls District. The num bers of the Authority shall elect from among themselves a president, a vice-president and a secretary-treasurer, except that by a majority

1308

JOURNAL OF THE HOUSE,

vote of the entire membership, they may elect a person as secretarytreasurer who is not a member of the Authority. The terms of office of the members appointed by the Commissioners of Coffee County shall be the same as and run concurrently with the terms of office of the Commissioners of Coffee County, Georgia.

"The Authority is created for the purpose of developing and promoting for the public good and general welfare, recreational facilities for the citizens of Coffee County, Georgia. All funds, property and assets of whatever kind or nature of the Authority, are hereby declared to be exempt from all taxation by the State, any county, any municipality or any political subdivisions. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, or the County of Coffee.

"The Commissioners of Coffee County are hereby authorized to levy and collect an annual ad valorem tax of not more than onehalf (%) mill for developing and promoting recreational facilities in Coffee County, Georgia, and is hereby directed to pay to the Authority all funds derived from such levy to be used for the purpose provided herein.

"The General Assembly is hereby authorized to enact legis lation to implement this amendment, in any manner it sees fit."

SECTION 2

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

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

"For ratification of amendment to the Constitution creating the Coffee County Recreational Authority.

"Against ratification of amendment of the Constitution creat ing the Coffee County Recreational Authority."

All persons desiding to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re-

WEDNESDAY, FEBRUARY 7, 1962

1309

turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey Dollar

Doster Duncan of Pannin Duncan of Carroll Dunn Echols Plexer Plynt Fordham Fowler of Douglas Fowler of Treutlen Punk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey

Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton
Roper Rutland

1310

JOURNAL OF THE HOUSE,

Sangster Scarborough
Scoggin Shuman Singer Smith of Grady Smith of Pulton Smith of Whitfield Steis Stevens Story Strickland Tabb

Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker
Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop

Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Whitfield
Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 541-1040. By Messrs. Crawford and Funk of Chatham:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for fifteen (15) members of the Savannah District Authority; to provide that said members shall not be eligible for reappointment; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1962

1311

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
Article V, Section VII, Paragraph II of the Constitution, as amended, is hereby amended by striking Paragraph II in its entirety and inserting in lieu thereof a new Paragraph II to read as follows:
"Article V, Section VII, Paragraph II. There is hereby created a body corporate and politic to be known as the "Savannah District Authority" which shall be deemed to be an instrumentality of the State of Georiga and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Chatham County and the City of Savannah.
"The Authority shall consist of fifteen (15) members who shall serve for a period of five (5) years and who shall not be eligible for reappointment. Said Authority shall elect a chairman, vicechairman, and a secretary-treasurer. The secretary-treasurer shall be required to be a member of the Authority. Said members shall be appointed as provided by law and shall have such duties and powers as may be prescribed by the General Assembly and shall receive such additional powers as may be delegated to said Author ity by the County of Chatham or the City of Savannah.
"All lands, the title to which is vested in said Authority, and the improvements thereon, shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing in dustrial growth and expansion and for the purpose of making long range plans for the coordination of commerce, industry and traffic within its territorial limits and shall not be empowered or author ized in any manner to create a debt as against the State of Georgia, the County of Chatham, or the City of Savannah, and shall only exercise such powers as the General Assembly may from time to time confer. Said Authority is created for the purpose of pro moting for the public good industrial growth and expansion and planning as aforesaid without profit, and any funds realized by said Authority shall be continually and constantly expended for the development of industry and commerce and long range planning of traffic and facilities for the purpose of coordinating the same as set forth in the Act of the General Assembly creating said Authority."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

1312

JOURNAL OF THE HOUSE,

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

"For ratification of amendment to the Constitution so as to provide for fifteen (15) members of the 'Savannah District Author ity', which members shall not be eligible for reappointment.

"Against ratification of amendment to the Constitution so as to provide for fifteen (15) members of the 'Savannah District Authority', which members shall not be eligible for reappointment."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin

Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey

Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill

WEDNESDAY, FEBRUARY 7, 1962

1313

Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon

Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady

Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch
Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland

Sheffield

Simmons

Simpson

Sinclair

Smith of Brantley

Smith of Habersham

Stuckey

Taylor of Decatur

Thornton

Walker of Lowndes

Walker of Telfair

Wells of Camden

Wickham

Williams of Hall

Mr. Speaker

;

1314

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 542-1049. By Messrs. Thornton, Phillips and Taylor of Bibb:
A RESOLUTION
Proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and the City of Macon to appropriate with limitations, properties, moneys and services directly, or through the Macon-Bibb County Industrial Authority, so as to en courage, induce, assist and promote the location and expansion of in dustrial and commercial facilities throughout the territorial limits of the County of Bibb; to permit said governing authorities to contract services from the Macon-Bibb County Industrial Authority; to ratify and confirm an Act of the General Assembly of Georgia creating the Macon-Bibb County Industrial Authority; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution of the State of Georgia, ratified in the general election of August 7, 1945, and as the same has been heretofore and may be contemporaneously amended, is hereby amended by adding thereto the following:
"Provided, however, that the governing authorities of the Coun ty of Bibb and of the City of Macon, either and both, are by this self-executing amendment, authorized and permitted, directly, or through the Macon-Bibb County Industrial Authority, to appro priate properties, moneys and services, any or all, so as to en courage, induce, assist and promote the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb, but conditioned, however, upon none of said appropriations being used or pledged for entertainment purposes and, further conditioned, that such appropriations not increase ad valorem tax millage limitations now or hereafter otherwise imposed by law; Provided, further, that an Act of the General Assembly of Georgia entitled "An Act to create a public body corporate and politic, as an instrumentality of the County of Bibb and City of Macon, and to be known as the Macon-Bibb County Industrial Authority; To provide for its purpose, scope, powers, revenues and limitations, and for the designation of its governing commis sion; To provide for the tax exemption of its properties, income, obligations and interest thereon; To provide for separability of the several provisions of this Act; and for other purposes," which was enacted at the January-February, 1962 session of the General

WEDNESDAY, FEBRUARY 7, 1962

1315

Assembly of Georgia is ratified and confirmed as of the dates of both its passage and approval; and, provided further that, insofar as this amendment relates to the aforesaid act creating the MaconBibb County Industrial Authority, the effectiveness of this amendment shall be retroactive to such dates as may be required to assure said act of full force, effect and validity."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, moneys and services, directly or through the Macon-Bibb County Industrial Authority so as to encourage, induce, assist and promote the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb; to permit said governing authorities to contract services from said Indus trial Authority and to ratify the Act creating the Macon-Bibb County Industrial Authority."

"Against ratification of amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, moneys and services, directly or through the Macon-Bibb County Industrial Authority so as to encourage, induce, assist and promote the loca tion and expansion of industrial and commercial facilities through out the territorial limits of the County of Bibb; to permit said governing authorities to contract services from said Industrial Authority and to ratify the Act creating the Macon-Bibb County Industrial Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Bibb County and in the City of Macon shall vote for ratification thereof, this amendment shall become a part of the Constitution of this State. The returns of the elections shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State

1316

JOURNAL OF THE HOUSE,

to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Eesolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Byrium Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Been Dickey Dollar Doster

Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee

Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odum Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin

WEDNESDAY, FEBRUARY 7, 1962

1317

Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens
Story Strickland Tabb Tamplin Taylor of Dawson

Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware

Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 543-1049. By Messrs. Phillips, Thornton and Taylor of Bibb:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and main tenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1313

JOURNAL OF THE HOUSE,

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 General Assembly is hereby authorized to grant the governing authority of Bibb County with the power to provide for the construction and maintenance of streets, roads, bridges, side walks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said County. The General Assembly is hereby authorized to provide by law the manner in which the cost of such construction and maintenance shall be borne, including all matters relating to taxation and assess ment for such purposes. The General Assembly shall also be author ized to relieve any municipality within said County from the obli gation of any part or all of such construction and maintenance."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to empower the governing author ity of Bibb County with the authority to provide for the construc tion and maintenance of streets, road, bridges, sidewalks, curbings, gutters, and related installations, both within and without the cor porate limits of any municipality in said County.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to empower the governing au thority of Bibb County with the authority to provide for the con struction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and with out the corporate limits of any municipality in said County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Para-

WEDNESDAY, FEBRUARY 7, 1962

1319

graph 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen

Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton

Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odum Pannell
Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton
Pickard Poole Potts Purcell

1320

JOURNAL OF THE HOUSE,

Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis

Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor

Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of_JLowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 550-1065. By Messrs. Moore and Adams of Polk:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Cedartown Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1962

1321

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"There is hereby created a body corporate and politic to be known as the 'Oedartown Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the corporate limits of the City of Cedartown. The City may contract with the Authority as a public corpora tion as provided by the Constitution of Georgia.

"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assem bly may pass all other necessary legislation for the implementation of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the City of Cedartown.

"Said Authority is created for the purpose of developing, promoting, and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the City of Cedartown. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.

"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the build ing or buildings and to pay rentals or installments sufficient, to gether with other revenues which may be pledged for the purpose, to

1322

JOURNAL OP THE HOUSE,

retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in con nection with the undertaking."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Cedartown Development Authority.

"Against ratification of amendment to the Constitution so as to create the Cedartown Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Birdsong Black Blalock Bolton Bowen of Toombs Boyett

WEDNESDAY, FEBRUARY 7, 1962

1323

Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Flyod Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Masses Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts

Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs. :

Boggs Bowen of Randolph Bozeman Branch Chance Cocke

Coker Cox Crawford Dicus Dorminy Fitzgerald

Fleming Floyd Fuqua Hodges Horton Hull

1324

JOURNAL OP THE HOUSE,

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss

Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley

Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 559-1072. By Mr. White of Mclntosh:
A RESOLUTION
Proposing an amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article XV, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the City of Darien is hereby em powered to open, close and reopen streets, alleys, roads and side walks within the corporate limits of the City of Darien. The govern ing authority is hereby authorized to provide by ordinance for the method of disposing of the property within the boundaries of any streets, alleys, roads and sidewalks which are closed."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

WEDNESDAY, FEBRUARY 7, 1962

1325

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

"For ratification of amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said City.

"Against ratification of amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said City."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Resoluton, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall
Arnsdorff Ballard Barber
Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett

Brackin Brantley Brooks of Oglethorpe Brooks of Wilson Brown
Budd Busbee Bynum
Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis

Deen Dickey Dollar Doster Duncan of Fannin
Duncan of Carroll Dunn Echols
Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd

1326

JOURNAL OF THE HOUSE,

Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin

Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer

Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

WEDNESDAY, FEBRUARY 7, 1962

1327

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 565-1101. By Mr. Clarke of Catoosa:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article XI, Section I of the Constitution of the State of Georgia, so as to provide for sewage districts for the County of Catoosa; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1
Article XI, Section I of the Constitution of Georgia, relating to counties, is hereby amended by adding thereto at the end thereof a new paragraph to be properly numbered and to read as follows:
"The governing authority of the County of Catoosa is hereby given the authority and power to establish and administer within the bounds of the County of Catoosa sewage districts, and may therein create, construct, maintain and operate a system, or systems, for the disposal of sewage within such districts, and to levy taxes therefor on all property in said districts upon the vote of a majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided, that such taxes shall not exceed ten mills upon the valuation of the property located in any such district. In the event bonds are issued by the county for a specific district, a tax may be levied therein unlimited as to rate or amount. Bonds may be issued for such purposes, and if issued shall be authorized in all respects as provided by Article VIII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority or body charged with the duty of managing the fiscal affairs of Catoosa County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provisions in this Constitution to the contrary notwithstanding, any such district may issue bonds in an amount up to twenty-five (25%) per cent of the assessed valuation of property located therein subject to taxation for bond purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for operation and maintenance of the system or for debt service."

1328

JOURNAL OF THE HOUSE,

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional dis trict of this State and in the area to be directly affected thereby for two months previous to the time of holding the next general election, at which election members of the General Assembly are elected and the above proposed amendment shall be submitted for ratification or rejec tion to the electors of this State.

All persons voting at said election in favor of adopting the pro posed amendment to the Constitution shall have written or printed on their ballots the following: "For ratification of amendment to the Constitution so as to authorize the creation of sewage districts in Catoosa County, and the levying of taxes and the issuance of bonds related thereto."

All persons opposing the adoption of said amendment shall have written or printed on their ballots the following: "Against ratification of amendment to the Constitution so as to authorize the creation of sewage districts in Catoosa County, and the levying of taxes, and the issuance of bonds related thereto."

If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon in favor in both the State as a whole and in the area directly affected thereby, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secre tary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall

Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Birdsong Black Blalock

WEDNESDAY, FEBRUARY 7, 1962

1329

Bolton Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin

Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole

Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Dawson Wells of Decatur White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance

Cocke Coker Cox Crawford Dicus

Dorminy Fitzgerald Fleming Floyd Fuqua

1330

JOURNAL OP THE HOUSE,

Hodges Horton Hull Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity

Moate Moss Mullis Otwell Farmer Phillips of Appling Rogers of Paulding Ross Rowland Sheffield Simmons Simpson Sinclair

Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

HR 533-1024. By Mr. Johnson of Jenkins:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Jenkins County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restruction of contributions of Counties, cities, and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the Jenkins County Development Authority, which shall be deemed to be an instrumentality of Jenkins County and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Jenkins County. The County of Jenkins may contract with the Authority as a public corporation as provided by the Con stitution of Georgia.
"Jenkins County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed.

WEDNESDAY, FEBRUARY 7, 1962

1331

"The Authority shall consist of ten members. The Chairman of the County Commissioners, the Mayor of the City of Millen, the President of the Millen Merchants Association, the President of the Jenkins County Farm Bureau, and the President of the Jenkins County Chamber of Commerce, shall be ex officio members of the Authority. Other members of the Authority shall be: two members to be named by the President of the Millen Merchants Association from the membership at large. Two members to be named by the President of the Jenkins County Chamber of Commerce from the membership at large. One member to be named by the Jenkins County Commissioners. All members shall be appointed within 30 days after the ratification of this amendment.
"All members of the Authority, except the ex officio members shall serve for a term of three years, and shall be eligible for appointment. Vacancies on the Authority shall be filled in the same manner as outlined in the regular appointments. A majority of the members shall constitute a quorum, and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. The officers of the Authority shall be elected by the members of the Authority.
"The Authority shall have such duties, powers, and authority as shall be prescirbed by law and the General Assembly may pass all other legislation for the implementation of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds or certifi cates issued by the Authority, shall be exempt from local and state taxation.
"Said Authority is created for the purpose of developing, pro moting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the co-ordination of such development, promotion, and expansion within the territorial limits of Jenkins County. The Au thority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purpose for which the Authority is created.
"The powers of the authority shall include, but not be limited to, the power:
1. To receive and administer gifts, grants, and donations and to administer trusts.
2. To borrow money, to issue notes, bonds, revenue bonds, and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge, and assign any and all of its funds, property and income.
3. To have and exercise the usual powers of private corpora tions, including the power to appoint and hire agents and employees, and to provide for their duties and compensation.

"The Authority shall not be authorized to create in any manner

1332

JOURNAL OF THE HOUSE,

any debt, liability or obligation against the State of Georgia or the County of Jenkins.

"The members of the Authority shall receive no compensation for their services to the Authority.

"No moneys derived by the Authority from any source, shall at any time be used for entertainment or other promotional pur poses, other than gifts from individuals, firms or corporations.

"Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Au thority at the time of the dissolution, shall revert to Jenkins County, subject to any mortgages, liens, leases or other encumbrances out standing against or in respect to said property at that time."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Jenkins County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Jenkins County Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote in favor of ratification, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of the 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 following Committee amendment was read and adopted:

Committee of Special Judiciary moves to amend HR 533 as follows:
By striking from the second quoted paragraph of Section 1 the words "one mill" and inserting in lieu thereof the words "five mills".

WEDNESDAY, FEBRUARY 7, 1962

1333

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd > Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer

Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon

Moore Moorman Morgan Morris Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb league Todd

1334

JOURNAL OP THE HOUSE,

Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn

Waldrop Ware
Watson Wells of Peach Wells of Oconee White Wilkes

Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs.:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 153, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HR 423-888. By Messrs. Greene and Crowe of Bartow:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Cartersville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restrictions of contributions of counties, cities

WEDNESDAY, FEBRUARY 7, 1962

1335

and political divisions, is hereby amended by adding at the end thereof the following:

"There is hereby created a body corporate and politic to be known as the 'Cartersville Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the City of Cartersville. The City of Car tersville may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

"The City of Cartersville is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed.

"The members of the Authority, their qualifications, terms, and methods of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the Gen eral Assembly may pass all other necessary legislation for the im plementation of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.

"Said Authority is created for the purpose of developing, pro moting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina
tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the City of Cartersville. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

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

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

1336

JOURNAL OP THE HOUSE,

"For ratification of amendment to the Constitution so as to create the Cartersville Development Authority.

"Against ratification of amendment to the Constitution so as to create the Cartersville Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the results and cer tify the results to the Governor, who shall issue his proclamation thereon.

The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Cartersville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the City of Cartersville in Bartow County to be known as the Carters ville Development Authority, which shall be an instrumentality of the City of Cartersville and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Cartersville. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the Mayor and Council. A majority of the msmbers shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chair-

WEDNESDAY, FEBRUARY 7, 1962

1337

man from year to year. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Cartersville, Georgia;

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents any or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in the City of Carters ville and within a radius of 5 miles as measured from the center of said city so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments, sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other

1338

JOURNAL OF THE HOUSE,

expenses which the Authority may have incurred in connection with the undertaking.
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia, Bartow County, or City of Cartersville.

"P. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, as if
said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing here in contained shall be construed to create a right to compel any exercise of the taxing power of either Bartow County or the City of Cartersville to pay any of the said obligations of said Authority.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"1. The undertaking for which the bonds are to be issued will increase employment within the territorial limits herein designated.

WEDNESDAY, FEBRUARY 7, 1962

1339

"2. The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said terri torial limits, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 the City of Cartersville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in the City of Cartersville and its vicinity and reducing unemploy ment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Carters ville and the scope of its operations shall be limited to the territory embraced within said city and within a radius of 5 miles as meas ured from the center of said city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond such limits."

SECTION 2

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

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

1340

JOURNAL OP THE HOUSE,

"For ratification of amendment to the Constitution so as to create the Cartersville Development Authority.

"Against ratification of amendment to the Constitution so as to create the Cartersville Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in the City of Cartersville shall vote for ratification thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assem bly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Brackin Brantley Brooks of Oglethorpe Brooks of Fulton

Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols

Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly

WEDNESDAY, FEBRUARY 7, 1962

1341

Kidd Killian King Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy NeSmith

Newton Odom Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Shuman Singer Smith of Grady Smith of Fulton Smith of Whitfield Steis

Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Willingham Wilson Woodward Young

Those not voting were Messrs,:

Boggs Bowen of Randolph Bozeman Branch Chance Cocke Coker Cox Crawford Dicus Dorminy Fitzgerald Fleming Floyd Fuqua Hodges Horton Hull

Hurst Joiner Keyton Killingsworth Kimmons Knight of Laurens Lee of Clinch Loggins Lovett McGarity Moate Moss Mullis Otwell Farmer Phillips of Bibb Rogers of Paulding
Ross

Rowland Sheffield Simmons Simpson Sinclair Smith of Brantley Smith of Habersham Stuckey Taylor of Decatur Thornton Walker of Lowndes Walker of Telfair Wells of Camden Wickham Williams of Hall Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 153, nays 0.

1342

JOURNAL OF THE HOUSE,

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

The following Resolutions and Bill of the House were taken up for the pur pose of considering the report of the Committee on Conference thereon:

HR 375-772 By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; and for other purposes.

The following report of the Committee on Conference on the part of the House was read:
Mr. Speaker:
The Conference Committee on HR 375-772 makes the following report:
The Committee recommends that the House recede from its position and that the Senate amendment be adopted.
This 7th day of February, 1962.
Respectfully submitted, Chas. A. Pannell Wilson B. Wilkes Geo. T. Smith Gordon Knox Jr. Robert H. Smalley, Jr. of 26th W. T. Jones of 23rd

Mr. Pannell of Murray moved that the House adopt the report of the Con ference Committee.

On the motion to adopt the Conference Committee report, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 7, 1962

1343

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Brantley Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe
Cloer Cocke Collins Conner Cox Crowe Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Pannin
Echols Flexer Floyd Fowler of Douglas Fowler of Treutlen Funk Greene Hall of Lee Hall of Floyd

Harrell Henderson Horton Johnson
Joiner Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan Keadle Kidd Killian Killingsworth Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Milhollin Miller Mixon Moate Moorman Morgan Morris Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Walton

Phillips of Bibb Poole
Potts Purcell Rainey Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland Sangster Scarborough Scoggin Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach White Wilkes Williams of Coffee Williams of Hall Woodward Young

1344

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams
Boggs Bozeman Brackin Branch
Brooks of Oglethorpe Brooks of Fulton Coker Crawford Dicus Doster Duncan of Carroll Dunn Fitzgerald Fleming Flynt Fordham Fuqua Hale

Hill
Hodges Howard Hull Hurst
Jones of Liberty Kelly Keyton Kimmons King Kirkland Langford Lovett Massee McCracken McDonald Melton Moore Moss

NeSmith
Phillips of Columbia Pickard Raulerson Roper
Sheffield Shuman Simmons Stevens Taylor of Decatur Twitty Underwood of
Montgomery Wells of Oconee Wells of Camden Wickham Willingham Wilson Mr. Speaker

On the motion to adopt the Conference Committee report, the ayes were 149, nays 0.

The report of the Conference Committee, having received the requisite con stitutional majority, was adopted.

HR 376-772. By Messrs. Pannell of Murray, McCutchen of Gilmer, Fowler of Douglas, and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for appropriation control; and for other purposes.

The following report of the Committee on Conference on the part of the House was read:
Mr. Speaker:
The Conference Committee on HR 376-772 makes the following re port:
The Committee recommends that both the House and Senate recede from their positions on subsection (b) of Paragraph II in Section 1 of said Resolution and that the following subsection (b) be adopted:
"(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

WEDNESDAY, FEBRUARY 7, 1962

1345

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 amend ments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph III of this Constitution, but in no event shall a supplementary appro priations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplemen tary appropriations Act was adopted and approved."

The Committee further recommends that the Senate recede from its position on subsection (c) of Paragraph II in Section 1 of said Resolution and that the following subsection (c) be adopted:
"(c) All appropriated funds, except for the mandatory appro priations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Ap propriations Act, shall lapse."

The Committee further recommends that both the House and Senate recede from their positions on subsection (e) of Paragraph II in Sec tion 1 of said Resolution and that the following subsection (e) be adopted:
"(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 VII, 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 con tracts, including the contract or contracts proposed to be entered into, exceeds 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the mak ing and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to its adoption or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is fur ther 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."

This 7th day of February, 1962.

Respectfully submitted,
Chas. A. Pannell, Chairman Wilson B. Wilkes Hiram K. Undercofler Gordon Knox Jr. W. T. Jones of 23rd Robert H. Smalley of 26th

1346

JOURNAL OF THE HOUSE,

Mr. Pannell of Murray moved that the House adopt the report of the Con ference Committee.

On the motion to adopt the Conference Committee report, the roll call was ordered and the vote was as follows:

Thosa voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Boyett Brackin Brantley Brooks of Oglethorpe Brown Budd Caldwell Chance Chandler Clark of Catoosa Cloer Cocke Collins Cox Crowe Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Dunn Echols Flexer Floyd Fowler of Douglas Funk

Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Horton Johnson Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killian Killingsworth Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Miller Mixon Moate Moorman Morgan Morris Murphy NeSmith Newton
Otwell
Pannell Paris

Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Roberts Rodgers of Charlton Rogers of Paulding
Ross
Rowland Rutland Sangster Scarborough Scoggin Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Undercofler Underwood of Taylor Vaughn

WEDNESDAY, FEBRUARY 7, 1962

1347

Waldrop Walker of Lowndes Walker of Telfair Ware

Watson Wells of Oconee White Wilkes

Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Barnett of Baker Boggs Bowen of Toombs Bozeman Branch Brooks of Fulton Busbee Bynum Clarke of Monroe Coker Conner Crawford Dicus Doster Duncan of Carroll Fitzgerald Fleming Flynt Fordham Fowler of Treutlen Hale

Hill Hodges Howard Hull Hurst Joiner Jones of Liberty Kelly Keyton Kimmons King Kirkland Knight of Laurens Lane Langford Mackay Massee McCracken. McDonald Moore Moss

Mullis Odom Phillips of Columbia Pickard Raulerson Roper Sheffield Shuman Smith of Whitfield Stevens Taylor of Decatur Twitty Underwood of
Montgomery Wells of Peach Wells of Camden Wickham Willingham Wilson Mr. Speaker

On the motion to adopt the Conference Committee report the ayes were 144, nays 0.

The report of the Conference Committee, having received the requisite con stitutional majority, was adopted.

HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer, and others:
A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget Bureau, so as to create a new Budget Bureau; and for other purposes.

The following report of the Committee on Conference on the part of the House was read:
Mr. Speaker:
The Conference Committee on HB 742 makes the following report:

1348

JOURNAL OP THE HOUSE,

The Committee recommends that the House recede from its position on Section 40-404 and that the Senate amendment thereto be adopted.

The Committee recommends that the House recede from its posi tion on Section 40-405 and that the Senate amendment thsreto be adopted.

The Committee recommends that the House recede from its position on Section 40-406 and that the Senate amendment thereto be adopted.

The Committee recommends that both the House and Senate recede from their positions on Section 40-407 and that the following Section 40-407 be adopted:

"40-407. Budget Report; limitations. 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 be ginning 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 esti mated in the Budget Report and amendments thereto. Supplemen tary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph III of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropria tions Act in effect when such supplementary appropriations Act was adopted and approved."

The Committee recommends that both the House and Senate recede from their positions on Section 40-413 and that the following Section 40-413 be adopted:

"40-413. Expenditures to be authorized by Appropriation Acts. All expenditures of the State and of its budget units of monies drawn from ths State Treasury shall be made under the authority of Appropriations Acts, which shall be based upon a budget pro vided in this Chapter, and no money shall be drawn from the Treasury, except by appropriation made by law pursuant to Article III, Section VII, Paragraph XI of the Constitution of Georgia."

The Committee recommends that the House recede from its position on Section 40-414 and that the Senate amendment thereto be adopted.

The Committee recommends that both the House and Senate recede from their positions on Section 40-420 and that the following Section 40-420 be adopted:
"40-420. Appropriation lapse. At the end of the first fiscal year of each biennium covered by the General Appropriations Act, unless allotted by the Budget Bureau, the amount of each appro priation provided for in this Chapter, except for the mandatory appropriations required by the Constitution, remaining unexpended,

WEDNESDAY, FEBRUARY 7, 1962

1349

and which have not been contractually obligatad in writing, shall lapse and cease to be available and the State Treasurer shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriations. All appropriated funds, except for the mandatory appropriations required by the Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse."

The Committee recommends that the Senate recede from its posi tion and that the Senate amendment adding a new section to said Bill, as follows:

"Be it further enacted that Sections 46, 47, 48, 49, and 50 of the General Appropriations Act approved April 7, 1961, be and the same are hereby expressly, specifically, and separately repealed effective June 30, 1962.

"Be it further enacted that the provisions of this amendment shall be incorporated in the caption of said Bill."

be deleted.

The Committee recommends that both the House and Senate recede from their positions on Section 12 of said Bill and that the following Section 12 be adopted:

"Section 12. Except as provided hereinbefore, the provisions of this Act shall become effective at the end of June 30, 1962. It is the intention of the General Assembly that the 1961 General Ap propriations Act will be carried out in accordance with the provi sions contained therein until its expiration date of June 30, 1963." This 7th day of February, 1962.

Respectfully submitted, Chas. A. Pannell, Chairman Wilson B. Wilkes Hiram K. Undercofler Gordon Knox Jr. Robert H. Smalley Jr. of 26th W. T. Jones of 23rd

Mr. Pannell of Murray moved that the House adopt the report of the Con ference Committee.

On the motion to adopt the Conference Committee report, the roll call was ordered and the vote was as follows:

1350

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke
Collins
Cox
Crawford
Crowe
Culpepper
Davis
Deen
Dickey
Dollar
Dorminy
Doster
Duncan of Fannin
Dunn
Echols
Fleming
Flexer
Floyd
Fordham
Fowler of Douglas
Funk
Fuqua

Greene Hall of Lee Hall of Floyd Harrell Henderson Horton Hull Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killian Killingsworth Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Massee
Matthews of Clarke
McClelland
McCutchen
McGarity
Melton
Milhollin
Miller
Mixon
Moore
Moorman
Morgan
Morris
Murphy
Odom
Otwell
Pannell
Paris
Parker of Screven
Parker of Ware
Parker of Appling
Farmer

Payton Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Smith of Brady Smith of Brantley Smith of Habersham Steis Stevens Story Strickland
Stuckey
Tabb
Tamplin
Taylor of Bibb
Teague
Thornton
Todd
Tucker
Undercofler
Underwood of Taylor
Vaughn
Waldrop
Walker of Telfair
Ware
Watson
Wells of Oconee
Wilkes
Williams of Coffee
Woodward
Young

WEDNESDAY, FEBRUARY 7, 1962

1351

Those not voting were Messrs.:

Adams Andrews of Hall Barnett of Baker Barrett Boyett Bozeman Brackin Branch Bynum Coker Conner Dicus Duncan of Carroll Fitzgerald Flynt Fowler of Treutlen Hale Hill Hodges Howard

Hurst Jones of Liberty Kelly Keyton Kimmons King Kirkland Lane Lovett Mackay Matthews of Colquitt McCracken McDonald Moate Moss Mullis NeSmith Newton Pelham Phillips of Columbia

Pickard Roper Sheffield Singer Smith of Fulton Smith of Whitfield Taylor of Dawson Taylor of Decatur Twitty Underwood of
Montgomery Walker of Lowndes Wells of Peach Wells of Camden White Wickham Williams of Hall Willingham Wilson Mr. Speaker

On the motion to adopt the Conference Committee report, the ayes were 146, nays 0.

The report of the Conference Committee, having received the requisite con stitutional majority, was adopted.

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1066. By Messrs. Fuqua of Richmond, Melton of Spalding and Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

1352

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Boyett Bozeman Brown Budd Caldwell Chance Clark of Catoosa Cocke Cox Davis Deen Dickey Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Fowler of Treutlen Funk Fuqua Hale Hall of Lee Hall of Floyd Henderson

Horton Hull Johnson Joiner Jones of Sumter Jordan Keadle Kelly Killian Knight of Laurens Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Massee McClelland McCutchen Milhollin Miller Mixon Moate Moore Moorman Morgan Moss Mullis Murphy NeSmith Newton Pannell Paris Parker of Screven Parker of Ware Farmer Pelham

Phillips of Columbia Pickard Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Steis Stevens Story Stuckey Tabb Tamplin Taylor of Dawson Teague Todd Undercofler Underwood of Taylor Ware Watson Wells of Peach Wells of Oconee Wickham Williams of Coffee Young

Those not voting were Messrs.:

Adams Andrews of Hall Birdsong Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe

Brooks of Fulton Busbee Bynum Chandler Clarke of Monroe Cloer Coker Collins Conner Crawford

Crowe Culpepper Dicus Dorminy Doster Fitzgerald Flynt Fordham Fowler of Douglas Greene

WEDNESDAY, FEBRUARY 7, 1962

1353

Harrell Hill Hodges Howard Hurst
Jones of Liberty Jones of Worth Jones of Lumpkin Keyton Kidd Killingsworth Kimmons King Kirkland
Knight of Berrien Loggins Mackay
Matthews of Clarke McCracken

McDonald McGarity Melton Morris Odom
Otwell Parker of Appling Payton Phillips of Walton Phillips of Bibb Purcell Roper Ross Simpson
Singer Smith of Whitfield Strickland
Taylor of Decatur Taylor of Bibb

Thornton Tucker Twitty Underwood of
Montgomery
Vaughn Waldrop Walker of Lowndes Walker of Telfair Wells of Camden White Wilkes Williams of Hall Willingham
Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 120, nays 0.

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

HR 551-1067. By Messrs. Fuqua of Richmond, Melton of Spalding and Stuckey of Dodge:
A Resolution creating a Committee relative to the construction of a new governor's mansion; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Barnett of Baker Barrett

Baughman Black Boyett Bozeman Brantley Brooks of Oglethorpe Brown Caldwell Chance

Clark of Catoosa Clarke of Monroe Cocke Cox Davis Deen Dickey Dorminy Duncan of Fannin

1354

JOURNAL OF THE HOUSE,

Duncan of Carroll Dunn Echols F lexer Floyd Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Johnson Joiner Jones of Worth Jordan Keadle Kelly Killian Knight of Laurens Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey

Mackay Massee McClelland McCutchen McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis NeSmith Newton Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibh Poole Purcell Rainey Roberts Rodgers of Charlton

Rogers of Paulding Roper Rowland Sangster Scoggin Shuman Simmons Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Steis Stevens Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Twitty Undercofler Watson Wells of Peach Wells of Camden Wickham Williams of Coffee Wilson Young

Those voting in the negative were Messrs.:

Adams Barber

Dollar Pay ton

Potts

Those not voting were Messrs.:

Birdsong Blalock
Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Fulton Budd Busbee Bynum Chandler Cloer Coker Collins Conner

Crawford Crowe Culpepper Dicus Doster Fitzgerald Fleming Flynt Fordham Fowler of Douglas Fowler of Treutlen Greene Hill Hodges Hull Hurst Jones of Liberty

Jones of Lumpkin Jones of Sumter Keyton Kidd Killingsworth Kimmons King Kirkland Knight of Berrien Lane Lee of Clayton Loggins Matthews of Clarke Matthews of Colquitt McCracken McDonald Melton

WEDNESDAY, FEBRUARY 7, 1962

1355

Morris Moss Murphy Odom Pannell Phillips of Walton Pickard Raulerson Ross Rutland Scarborough Sheffield

Simpson Singer Smith of Grady Smith of Whitfield Story Strickland Taylor of Decatur Thornton Tucker Underwood of
Montgomery Underwood of Taylor

Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Camden White Wilkes Williams of Hall Willingham Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 114, nays 5,

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

Mr. Adams of Polk stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".

HB 895. By Mr. Barber of Jackson:
A Bill to be entitled an Act to create and establish a Board of Physical Therapy, and to provide and specify all details germane and pertinent to the composition, administration and operation of same; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Physical Therapists Practice Act," approved February 19, 1951 (Ga. L. 1951, p. 175), so as to strike therefrom the provisions that the State Board of Medical Examiners shall be the Board; to create and establish a Board of Physical Therapy and to provide and specify details germane and pertinent to the composition, administration and operation of same; to change the fees provided therein so as to increase the same; to pro vide for annual registration and a procedure connected therewith; to provide for injunctions; to provide for registration and the renewal thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OP THE HOUSE,

SECTION 1

An Act known as the "Physical Therapists Practice Act," approved February 19, 1951 (Ga. L. 1951, p. 175), is hereby amended by striking from Section 1 the numbered paragraph (3), which reads:

"(3) 'Board' means the State Board of Medical Examiners as established in Georgia Laws 1943, pp. 212, 214, Georgia Laws 1945, p. 294 and amendments thereto.",

in its entirety.

SECTION 2

Said Act is further amended by adding a new Section to be num bered Section 1A, to read:

"Section 1A. There is hereby created a Board of Physical

Therapy, hereinafter referred to as 'The Board', which shall con

sist of five (5) members who shall be appointed by the Governor

immediately upon the effective date of this Act, in the manner

hereinafter provided and set forth. Members of said Board shall

be residents of the State of Georgia and Physical Therapists duly

licensed under the provisions of this Act, or qualified for licensure

under the terms of this Act. Said Board shall perform such duties

and exercise such powers as this Act shall prescribe and confer

;

upon it. No member of the Board shall be liable to civil action for

any Act performed in good faith in the performance of its duties as

set forth in this Act. Original appointments to the Board shall be

for terms as follows: Two (2) members for a term of one (1) year;

two members for a term of two (2) years; and one (1) member for

a term of three (3) years. All subsequent appointments shall be for

three (3) year terms. Vacancies shall be filled for the unexpired

terms, and members shall serve until their successors are appointed

and have qualified. All appointments shall be made from a list of

qualified persons who are licensed under this Act, such list to con-

i

sist of not less than seven (7) names, to be furnished to the Gover

nor by "the Georgia Chapter of the American Physical Therapy

Association." All vacancies occurring in the Board shall be filled by

the Governor within thirty (30) days after the vacancy occurs, from

lists of qualified persons furnished as set forth hereinabove: Pro

vided that if the said qualified Physical Therapists licensed under

this Act shall fail to furnish to the Governor the respectively ap

propriate list of persons eligible for such appointment, the Gover

nor shall make such appointment or appointments by nominating

such duly qualified persons licensed under this Act as to him shall

seem proper, and any Board member may be removed by the Gov

ernor after notice and hearing, for incompetence, neglect of duty,

malfeasance in office or moral turpitude."

SECTION 3

Said Act is further amended by striking from Section 5 the words

WEDNESDAY, FEBRUARY 7, 1962

1357

and figures "five ($5.00)" and inserting in lieu thereof the words and figures "ten ($10.00)".

SECTION

Said Act is further amended by striking Section 7 in its entirety, and in lieu thereof inserting the following:

"Section 7. The Board shall examine applicants for registra tion as Physical Therapists at such times and places as it may determine. Examinations shall be held within the State at least once each year. The examination shall include a written examina tion which shall test the applicant's knowledge of anatomy, chem istry; kinesiology; pathology; physiology; physics, psychology; physical therapy as applied to medicine, surgery and psychiatry; physical therapy theory and procedures; medical ethics; and such other subjects as the Board may deem useful to test the applicant's fitness to practice Physical Therapy.

SECTION 5

Said Act is further amended by striking Section 9 in its entirety and in lieu thereof inserting the following:

"Section 9. Every registered Physical Therapist shall, during January of each year, apply to the Board for a renewal of his registration and pay a renewal fee of $10.00. A registration that is not renewed on or before April 1, next thereafter, shall lapse and be of no force and effect. The Board may require a late registration fee of not to exceed $25.00 for any renewal of registration received after January 31 and before April 1. The Board may in its dis cretion revive and extend a lapsed registration upon the payment of all past unpaid renewal fees and penalties provided herein."

SECTION 6

Said Act is further amended by adding a new Section to be num bered Section 16A, to read:

"Section 16A. Whenever it shall appear to the Board that any person, firm, company, partnership, association or corporation, is, or has been, violating any provisions of this Act, or any of the lawful rules, regulations, or orders of the Board, the Board may on its own motion, or on the written complaint of any person, file a petition for injunction in the name of the Board in the proper Superior Court of this State against such person, firm, company, partnership, association or corporation, for the purpose of enjoin ing any such violation. It shall not be necessary that the Board allege or prove that it has not 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."

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SECTION 7

Said Act is further amended by adding a new Section to be num bered Section 16B, to read:

"Section 16B. Physical Therapists licensed to practice Physi cal Therapy under the terms of this Act shall be subject to injunc tion at the suit of the Board of Medical Examiners for the illegal practice of medicine pursuant to the provisions of an Act approved February 26, 1957 (Ga. L. 1957, p. 129), and nothing in this Act shall be construed to prevent the State Board of Medical Examiners from proceeding to enjoin persons registered under this Act from the illegal practice of medicine."

SECTION 8

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

The following amendment to the Committee substitute was read:
Mr. Miller of Elbert moves to amend HB 895 committee substitute by adding the following at the end of Section 16B. 'Physical Therapists' licensed to practice Physical Therapy under the terms of this Act who shall illegally practice any other healing are shall be subject to injunc tion at the suit of the Board of Examiners of the particular healing art so illegally practiced.

The amendment was adopted.

The Substitute was adopted as amended.

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

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes Barnett of Toombs Barrett

Baughman Black Boyett Bozeman Brackin

WEDNESDAY, FEBRUARY 7, 1962

1359

Brantley Brooks of Oglethorpe Brooks of Pulton
Brown Bynum Caldwell Chance Clarke of Monroe Cloer Collins
Cox
Crawford Crowe Culpepper Dickey Dicus Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Johnson Joiner Jones of Worth

Jordan Keadle Kelly Killian Killingsworth King Knight of Laurens Knight of Berrien Langford Lewis of Wilkinson Lokey Lovett Lowrey Matthews of Clarke McClelland McCutchen McGarity Melton Milhollin Mixon Moate Moore Moorman Morris Moss Mullis Newton Otwell Paris Parker of Screven Parker of Appling Farmer Payton Phillips of Columbia Phillips of Bibb Poole Purcell Rainey Raulerson

Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Sangster Scoggin Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Underwood of Taylor Walker of Telfair Ware Watson Wells of Oconee White Wickham Wilkes Williams of Coffee Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Birdsong Blalock
Bolton Bowen of Randolph Bowen of Toombs Branch Budd Busbee Chandler Clark of Catoosa

Cocke Coker Conner Davis Deen Doster Echols Fitzgerald Fleming Fowler of Treutlen Hale Hodges

Hull Hurst Jones of Liberty Jones of Lumpkin Jones of Sumter Keyton Kidd Kimmons Kirkland Lane Lee of Clinch Lee of Clayton

1360

JOURNAL OF THE HOUSE,

Lewis of Burke Loggins Mackay Massee Matthews of Colquitt McCracken McDonald Miller Morgan Murphy NeSmith Odom Pannell Parker of Ware

Pelham Phillips of Walton Pickard Potts Ross Rutland Scarborough Sheffield Shuman Singer Smith of Grady Smith of Whitfield Story Taylor of Decatur

Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Wells of Peach Wells of Camden Williams of Hall Willingham Woodward Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 130, nays 0.

The Bill, having received the requisite constitutional majority, was passed by substitute, as amended.

Mr. Kidd of Baldwin stated that he was called from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 895.

SB 189. By Senators Sanders of the 18th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act known as the "State-Wide Probation Act,", so as to provide subsistence for each member of the State Board of Probation; and for other purposes.

The report of the Commiteee, which was favorable to the passage of the Bill, was agreed to.

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Blalock

Bolton Bowen of Randolph Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Chance Chandler

Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crowe Culpepper Davis Duncan of Fannin

WEDNESDAY, FEBRUARY 7, 1962

1361

Duncan of Carroll Dunn Echols Flexer Floyd Fowler of Douglas Greene Hall of Lee Hall of Floyd Harrell Hill Howard Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Suniter Jordan Keadle Kidd Killian Killingsworth Knight of Laurens Knight of Berrien Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey

Massee Matthews of Clarke McClelland McCracken McCutchen McGarity Milhollin Mixon Moore Moorman
Morris
Murphy Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Poole Potts Purcell Rainey Roberts Rodgers of Charlton Ross

Rowland Rutland Sangster Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stuckey Tabb Tamplin Teague Thorn ton Twitty Undercofler Vaughn Walker of Telfair Watson Wells of Peach Wells of Oconee White Williams of Hall Wilson Young

Those voting in the negative were Messrs.:

Arnsdorff Baughman Black Budd Dollar Fordham Fowler of Treutlen Funk

Henderson Kelly Lane Lee of Clinch Moss Phillips of Bibb Raulerson Smith of Habersham

Story Taylor of Dawson Taylor of Bibb Tucker
Wilkes Williams of Coffee Woodward

Those not voting were Messrs.:

Adams Boggs Bowen of Toombs Brackin Branch Brantley Busbee Coker

Crawford Deen Dickey Dicus Dorminy Doster Fitzgerald Fleming

Flynt Fuqua Hale Hodges Horton Hull Hurst Jones of Liberty

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JOURNAL OF THE HOUSE,

Keyton Kimmons King Kirkland Langford Mackay Matthews of Colquitt McDonald Melton Miller Moate Morgan

Mullis NeSmith Odom Pickard Rogers of Paulding Roper Scarborough Simmons Singer Stevens Strickland Taylor of Decatur

Todd Underwood of
Montgomery Underwood of Taylor
Waldrop Walker of Lowndes
Ware Wells of Camden Wickham Willingham Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 23.

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

HB 1011. By Messrs. Hall of Floyd, Twitty of Mitchell, and others:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams
Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Baughman Birdsong
Black
Bowen of Toombs Bozeman Brackin Brantley Brooks of Oglethorpe Brown Budd

Busbee
Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins
Cox
Crawford Crowe Culpepper Davis Deen Dickey Dollar

Dorminy
Doster Duncan of Fannin Dunn Echols Fleming Flexer Fordham Fowler of Douglas
Fowler of Treutlen
Funk Greene Hall of Floyd Harrell Henderson Johnson Jones of Worth

WEDNESDAY, FEBRUARY 7, 1962

1363

Jones of Lumpkin Jones of Sumter Keadle Kidd Killian Killingsworth King Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Mixon Moore Moorman Morgan Morris

Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Phillips of Walton Phillips of Bibb Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Ross Rowland Sangster Scoggin Shuman Simmons Simpson Sinclair Singer

Smith of Grady Smith of Brantley Smith of Habersham Steis Stevens Story Striekland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Undercofler Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Oconee Williams of Coffee Williams of Hall Woodward Young

Those not voting were Messrs.:

Abney Andrews of Stephens Barnett of Baker Barrett Blalock Boggs Bolton Bowen of Randolph Boyett Branch Brooks of Fulton Bynum Coker Conner Dicus Duncan of Carroll Fitzgerald Floyd Flynt Fuqua Hale Hall of Lee Hill Hodges Horton

Howard Hull Hurst Joiner Jones of Liberty Jordan Kelly Keyton Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Langford Lewis of Burke Lovett McCracken McDonald Miller Moate Moss Mullis NeSmith Farmer Pelham

Phillips of Columbia Pickard Purcell Rogers of Paulding Roper Rutland Scarborough Sheffield Smith of Fulton Smith of Whitfield Taylor of Decatur Tucker Twitty Underwood of
Montgomery Walker of Lowndes Wells of Peach Wells of Camden White Wickham Wilkes Willingham Wilson Mr. Speaker

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On the passage of the Bill, the ayes were 132, nays 0.

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

HB 324. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for the establishment and admin istration of an unsatisfied claim and judgment fund for the payment of damages for injury to or death of certain persons; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the Georgia Insur ance Code of 1960, approved March 8, 1960 (Ga. Laws 1960, p. 289), and codified as Chapter 56 of the Code of Georgia, as amended so as to define "motor-vehicle liability policy"; to limit coverage to those vehicles described in the policies; to set the minimum coverage each policy must contain; to define other terms; to provide for accident reports where injuries are caused by a person unknown; to provide for subrogation by an insurance company to all rights of the insured; to provide for arbitration of claims; to provide for certain exclusions from the cover age of a motor-vehicle liability policy; to exclude additional insurance coverage from the provisions of this Act; to provide for proration of other insurance coverage; to provide that binders shall be considered as fulfilling the requirements of such policy; and to amend an Act relating to the registration of motor vehicles and the issuance of license plates in the counties, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended by an Act approved March 4, 1957 (Ga. Laws 1957, p. 197), and an Act approved March 3, 1961 (Ga. Laws 1961, p. 68), so as to provide for collection of an uninsured motorist fee by the agents of the State Revenue Commissioner who accept applications for the registra tion of motor vehicles; to provide for penalties; to provide for custody of the funds collected; to provide for the distribution of said funds; 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 Insurance Code of 1960, approved March 8, 1960 (Ga. Laws 1960, p. 289), and codified as Chapter 56 of the Code of Georgia, as amended, is hereby amended by inserting after Section 56-407 a new Section to be known as Section 56-407A which shall read as follows:
"56-407A. (a). A 'motor-vehicle liability policy' as the term

WEDNESDAY, FEBRUARY 7, 1962

1365

is used in this section shall mean an owner's or an operator's policy of liability insurance issued by an insurance carrier duly authorized to transact business in the State, to or for the benefit of the person named therein as insured.

"(b). An owner's policy of liability insurance shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted.

"(c). No policy or contract of bodily injury liability insurance, or of property damage liability insurance, covering liability arising from the ownership, maintenance or use of any motor vehicle, shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State,
upon any motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the person named therein and any other person, as insured, using any of those motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicles within the United States of America or the Dominion of Canada, subject to minimum limits, exclusive of interest and costs, with respect to each motor vehicle, as follows: ten thousand dollars because of bodily injury to or death of one person in any one acci dent, and, subject to such limit for one person, twenty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and five thousand dollars because of injury to or destruction of property of others in any one accident.

"(d). Nor shall any such policy or contract be so issued or de livered after January 1, 1963, unless it contains an endorsement or provision undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or opera tor of an uninsured motor vehicle, within limits which shall be no less than the requirements of paragraph (c) of this section, as
amended from time to time; provided that, on and after April 1, 1962, all insurance companies offering such policies shall make avail
able to policyholders, on an optional basis, policies containing the endorsement or provisions referred to in this paragraph. Such en dorsement or provisions shall also provide for no less than five thousand dollars coverage for injury to or destruction of the prop erty of the insured in any one accident, but may provide an exclu sion of not more than the first two hundred dollars of such loss or
damage. Provided, that no additional charge shall be made to the policyholder for such endorsement after January 1, 1963. Provided further, that any such policy or contract in force at and after 12:01 a.m., January 1, 1963, shall be interpreted as providing the mini mum coverage required by this paragraph, whether or not such policy or contract specifically so states.

"(e). As used in this section, the term 'bodily injury' shall include death resulting therefrom; the term 'insured' as used in subsections (d), (f), (h), and (i) hereof, means the named insured and, while resident of the same household, the spouse of any such named insured, and relatives of either, while in a motor vehicle or

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JOURNAL OF THE HOUSE,

otherwise, and any person who uses, with the consent, expressed or implied, of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representative of any of the above; and the term 'uninsured motor vehicle' means a motor vehicle as to which there is (i) no bodily injury liability insurance and property dam age liability insurance, both in the amounts specified in paragraph (c) of this section, as amended from time to time, or (ii) there is such insurance but the insurance company writing the same denies coverage thereunder, or is unable, because of being insolvent at the time of, or becoming insolvent during the twelve months folflowing, the accident, to make payment with respect to the legal liability of its insured within the limits specified therein, or (iii) there is no bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance. A motor vehicle shall be deemed to be uninsured if the owner or operator thereof be unknown; provided, that recovery under the endorse ment or provisions shall be subject to the conditions hereinafter set forth; provided, that, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured.

" (f). If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured be unknown, the insured, or someone on his behalf, in order for the insured to recover under the endorsement, shall report the accident as required
by Georgia Laws 1951, page 565, as amended by Georgia Laws 1956, page 543.

" (g). If the owner or operator of any vehicle causing injury or damages be unknown, an action may be instituted against the unknown defendant as 'John Doe', and service of process may be made by delivery of a copy of the motion for judgment, or other pleadings, to the clerk of the court in which the action is brought, and service upon the insurance company issuing the policy shall be made as prescribed by law as though such insurance company were a party defendant. The insurance company shall have the right to file pleadings and take other action allowable by law, in the name of John Doe.
"(h). An insurer paying a claim under the endorsement or provisions required by paragraph (d) of this section shall be subrogated to the rights of the insured to whom such claim was paid against the person causing such injury, death or damage, to the extent that payment was made; provided, that the bringing of an action against the unknown owner or operator as John Doe, or the conclusion of such an action, shall not constitute a bar to the in sured, if the identity of the owner or operator who caused the injury or damages complained of becomes known, bringing an action against the owner or operator theretofore proceeded against as John Doe; provided, that any recovery against such owner or op erator shall be paid to the insurance company to the extent that such insurance company paid the named insured in the action

WEDNESDAY, FEBRUARY 7, 1962

1367

brought against such owner or operator as John Doe, except that such insurance company shall pay its proportionate part of any reasonable costs and expense incurred in connection therewith, in cluding reasonable attorneys' fees. Nothing in an endorsement or provisions made under this paragraph nor any other provisions of law shall operate to prevent the joining in an action against John
Doe of the owner or operator of the motor vehicle causing such injury as a party defendant, and such joinder is hereby specifically authorized.

"(i). No such endorsement or provisions shall contain a pro vision requiring arbitration of any claim arising under any such endorsement or provisions, nor may anything be required of the insured except the establishment of legal liability, nor shall the insured be restricted or prevented, in any manner, from employing legal counsel or instituting legal proceedings.

"(j). The motor-vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement, or be endorsed, that insurance is provided thereunder in accordance with the cov erage defined in this section as respects bodily injury and death or property damage, or both, and is subject to all of the provisions of this section.

"(k). The motor-vehicle liability policy need not insure any liability under the workmen's compensation law nor any liability on account of bodily injury to or death of an employee of the in sured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of the motor vehicle, nor any liability for damage to prop erty owned by, rented to, in charge of, or transported by the in sured.

"(1). Any policy which grants the coverage required for a motor-vehicle liability policy may also grant any lawful coverage in excess of, or in addition to, the coverage specified for a motorvehicle liability policy, and the excess or additional coverage shall not be subject to the provisions of this section. With respect to a policy which grants this excess or additional coverage, the term 'motor-vehicle liability policy' as used in this section shall apply only to that part of the coverage which is required by this section.

"(m). Any motor-vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and col lectible insurance.
" (n). The requirements for a motor-vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet such requirements.
"(o). Any binder issued pending the issuance of a motorvehicle liability policy shall be considered as fulfilling the require ments for such policy."

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SECTION 2

An Act relating to the registration of motor vehicles and the issu ance of license plates in the counties, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended by an Act approved March 4, 1957 (Ga. Laws 1957, p. 197), and an Act approved March 3, 1961 (Ga. Laws 1961, p. 68), is hereby amended by adding at the end of Section 3 the following:

"(d). (1) During the registration and license year commenc ing January 1, 1963, and every registration year thereafter, each agent of the State Revenue Commission or the Commissioner him self shall collect, in addition to any other fees prescribed by law, a sum of $20.00 from every person registering and licensing an uninsured motor vehicle as otherwise defined by law.

"Whether or not a motor vehicle is insured shall be determined by said agent by one of the following methods: (a) Certification by the owner which consists of his signature or some mark authorized by him as his signature; or, (b) Evidence, on forms prescribed by the Insurance Commissioner, of insurance of self-insurance com plying with the requirements of law or that such persons shall have given bond or delivered the cash or securities as otherwise pro vided by law. Such evidence is to be certified by the Insurance Com missioner.

"Failure to meet one of the above results in payment of the fee herein prescribed.
"(2) Any person knowingly making, or causing to be made, a false statement as to whether a motor vehicle is an insured motor vehicle, or presenting to said agent false evidence that any motor vehicle sought to be registered is insured, shall be guilty of a mis demeanor and upon conviction thereof shall be subject to such penalties as are prescribed by law.

"Upon report by an agent to the State Revenue Commissioner of any such false statement, the latter, through his agents, shall deny, for a period of six months, registration of any motor vehicle for which a false statement or false evidence has been presented. In addition he shall revoke, and not thereafter reissue for the sixmonths' period, the driver's license of any person making such false certificate or offering such false evidence.
"(3) (a) Upon the termination of insurance by cancellation or failure to renew, notice of such cancellation or other termina tion shall be filed by the insurer with the State Revenue Commis sioner not later than five days following the effective date of such cancellation or other termination.

"(b) The State Revenue Commissioner shall, upon receipt of the notice of cancellation or termination provided for in Paragraph (a) of this subsection (3), forthwith revoke the certificate of reg istration and license plates of the motor vehicle with respect to which such policy was theretofore in force, unless the owner thereof either gives evidence that such vehicle is an insured vehicle in the

WEDNESDAY, FEBRUARY 7, 1962

1369

manner provided in Paragraph (1) of this section or pays the fee provided for in said Paragraph (1) of this section.
"(4) After collection of all fees, said agents are to retain an additional twenty-five cents from each total amount paid by un insured motorist and return the remainder to the State Revenue Commissioner, designating which part of all fees collected were collected from uninsured motorists under the requirements of Para graph (1) of this section. The State Revenue Commissioner shall transfer all such fees collected from uninsured motorists under the requirements of this section to a special deposit fund to be known as the 'Uninsured Motorists Fund'; from this Fund so established, he shall reimburse the State Revenue Department, at such times as he deems best for the purposes but not more frequently than quar terly, for the cost to the Department of its expenses of adminis tering this section.
"(5) On December 31, 1963, and on the last business day of each subsequent calendar year thereafter, the State Revenue Com missioner, after having reimbursed the State Revenue Department for its expenses incurred in administering this section as herein before provided in Paragraph (4) of this section, shall transfer the entire remaining balance of the Uninsured Motorists Fund to the State Insurance Commissioner, who shall distribute the monies so transferred as follows: Each company issuing motor vehicle liabil ity policies as otherwise defined by law shall receive, for the Un insured Motorist Coverage provided as required by law, a flat rate per policy for each policy written in the year. The rate shall be determined by the State Insurance Commissioner in accordance with sound actuarial principles. If, after the rate is set, the Fund is insufficient to cover the amount needed, the Commissioner shall prorate all available amounts among the companies who write motor vehicle insurance policies. If the Fund has a surplus, then the excess shall be held in reserve to cover some future year when the Fund is inadequate.

"Should the Uninsured Motorists Fund in any year be insuf ficient to cover the payments to the several insurance companies, as herein provided, the insurance companies shall have a propor tionate claim against the Fund and shall be paid such difference during any subsequent year in which the Fund shall have a surplus.
"(6) The State Revenue Commissioner and the State Insurance Commissioner each shall have power and authority to issue such rules and regulations as may be necessary to carry out the provis ions and intent of this section."

SECTION 3

All laws and parts of laws in conflict with this Act are hereby re pealed.

The following amendments to the Committee substitute were read and adopted:

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JOURNAL OP THE HOUSE,

Mr. Fowler of Douglas moves to amend the Committee substitute for House Bill 324 by inserting, in Section 2, in the first paragraph of quoted subsection (d) (1), between the words "$20.00" and "from", the words "per vehicle", so that the said paragraph shall read as follows:

"(d). (1) During the registration and license year commenc ing January 1, 1963, and every registration year thereafter, each agent of the State Revenue Commissioner or the Commissioner him self shall collect, in addition to any other fees prescribed by law, a sum of $20.00 per vehicle from every person registering and licensing an uninsured motor vehicle as otherwise defined by law."

Mr. Fowler of Douglas moves to amend the Committee substitute for House Bill 324 by adding, at the end of quoted Paragraph (5) of Sec tion 2, the following subparagraph:

"In any calendar year, however, the reimbursement to the State Revenue Department for its expenses incurred in adminis tering this section, as hereinbefore provided in Paragraph (4) of this section, shall not exceed fifteen percent of the total deposited, during the same calendar year, in the Uninsured Motorists Fund, hereinbefore provided in Paragraph (4) ; nor, in any calendar year, shall the expenses of the State Insurance Department in curred in administering its duties imposed under this section exceed five percent of the total deposited, during the same calendar year, in the Uninsured Motorists Fund as hereinbefore provided."

Mr. Murphy of Haralson moved to amend the Committee substitute to HB 324 as follows:
By striking subparagraph (d) (1) of Section 2 and inserting in lieu thereof the following subparagraph, to-wit:
(d) (1) During the registration and license year commencing January 1, 1963, and every registration year thereafter, each agent of the State Revenue Commission or the Commissioner himself shall collect, in addition to any other fees prescribed by law, a sum of $20.00, from every person registering and licensing on uninsured motor vehicle or otherwise defined by law.
Whether or not a motor vehicle is insured shall be determined as follows: (a) Certificate signed by duly licensed agent of a Com pany, authorized to do business in Georgia showing the name, year, model, make, and motor number of automobile insured, the name of the Company and the expiration date of the policy (b) a Policy of Insurance exhibited to the agent who shall record the name, year, model, make and motor number of the automobile insured, the name of the Company and the expiration date of the policy.

The Previous question was moved.

WEDNESDAY, FEBRUARY 7, 1962

1371

On the motion for the Previous question the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bolton Bowen of Randolph Boyett Bozeman Brantley Brooks of Oglethorpe Brown Budd Busbee Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Conner Cox Crowe Culpepper Davis Been Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Fitzgerald Fleming Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Greene Hale Hall of Lee Harrell

Henderson Hill Horton Howard Hull Johnson Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killian Killingsworth Kirkland Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moore Moorman Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer

Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Rodgers of Charlton Ross Rutland Scarborough Sheffield Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Woodward Young

1372

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Chandler Dunn Jones of Liberty

King Pickard

Smith of Grady Tucker

Those not voting were Messrs.:

Adams Birdsong Boggs Brackin Branch Brooks of Fulton Bynum Coker Collins Crawford Dicus Echols Flexer Funk Fuqua Hall of Floyd

Hodges Hurst Kelly Keyton Kimmons Knight of Laurens Langford Lokey McClelland McGarity Moate Morgan Pannell Roberts Rogers of Paulding Roper

Rowland Sangster Scoggin Shuman Simmons Singer Taylor of Decatur Todd Watson Wells of Peach Wells of Camden Wickham Willingham Wilson Mr. Speaker

On the motion for the Previous question the ayes were 151, nays 7.

The Previous question was ordered.

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, by substitute, as amended, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Barnett of Wilkes Barrett

Bolton Boyett Brooks of Oglethorpe Brown Caldwell Chance

Chandler Clarke of Monroe Crowe Culpepper Dickey Dorminy

WEDNESDAY, FEBRUARY 7, 1962

1373

Doster Duncan of Fannin Dunean of Carroll Dunn Fitzgerald Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Horton Howard Jordan Keadle Kelly Killian Killingsworth King Lane

Lewis of Wilkinson Lowrey Mackay Matthews of Clarke Matthews of Colquitt Melton Milhollin Mixon Moss Mullis Murphy Newton Odom Paris Parker of Ware Payton Ross Rutland Scarborough Sheffield

Smith of Grady Smith of Whitfield Steis Story Strickland Stuckey Tamplin Taylor of Dawson Teague Thornton Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Adams Ballard Barber Baughman Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Bozeman Brantley Budd Busbee Bynum Clark of Catoosa Cloer Cocke Collins Conner Cox Davis Been Dollar Echols Floyd Hall of Lee Harrell Henderson Hill Hull

Johnson Joiner Jones of Liberty Jones of Worth Kirkland Langford Lee of Clinch Lee of Clayton Lewis of Burke Loggins Massee McCracken McCutchen McDonald Miller Moore Moorman Morgan Morris NeSmith Otwell Paimell Parker of Screven Parker of Appling Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole

Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper
Sangster Shuman Simpson Sinclair Singer Smith of Brantley Smith of Habersham
Stevens Tabb Taylor of Bibb Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Wells of Peach Wilkes

1374

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Andrews of Stephens Barnett of Baker Boggs Brackin Branch Brooks of Fulton Coker Crawford Dicus Fleming Flexer Fuqua Hale Hall of Ployd

Hodges Hurst Jones of Lumpkin Jones of Sumter Keyton Kidd Kimmons Knight of Laurens Knight of Berrien Lokey Lovett McClelland McGarity Moate

Rowland Scoggin Simmons Smith of Pulton Taylor of Decatur Todd Underwood of Taylor Walker of Lowndes Watson Wells of Camden Wickham Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 7G, nays 89.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Lokey of McDuffie stated that he was called from the Hall of the House at the time of the roll call but had he been present he would have voted "Nay".

Mr. Fordham of Bulloch stated that he was called from the Hall of the House at the time of the roll call but had he been present he would have voted "Aye".

HR 546-1049. By Messrs. Barber of Jackson and Williams of Hall: A Resolution authorizing the transfer of certain real property located in Hall County, Georgia; and for other purposes.
Mr. Barber of Jackson asked unanimous consent that HR 546-1049 be recom mitted to the Committee on State Institution and Property and the consent was granted.
HR 546-1049 was recommitted to State Institution and Property.
HB 1034. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend Code Section 32-909 relating to the authority of county boards of education over school property and facilities so as to provide that county boards may transfer school sites

WEDNESDAY, FEBRUARY 7, 1962

1376

located in municipality under certain circumstances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

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

HR 499-970. By Mr. Parker of Ware:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions; 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 GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law for the 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."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed 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:

1376

JOURNAL OF THE HOUSE,

"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Toombs Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brooks of Fulton

Brown Busbee Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Cox Crowe Culpepper Davis Deen Dickey Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Flynt

Fordham Fowler of Douglas Fowler of Treutlen Funk Hall of Lee Harrell Henderson Hill Howard Johnson Joiner Jones of Liberty Jones of Sumter Jordan Keadle Kelly Kidd Killian King Kirkland Langford Lee of Clinch

WEDNESDAY, FEBRUARY 7, 1962

1377

Lewis of Wilkinson
Lewis of Burke Loggins
Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Milhollin Miller Mixon
Moorman Morgan Morris Mullis Murphy
NeSmith Newton Odom Paris Parker of Screven

Parker of Ware Parker of Appling Phillips of Walton
Pickard
Poole Potts Rainey Raulerson
Roberts Rodgers of Charlton Roper Rowland
Rutland Sangster Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham Steis

Story Strickland Stuckey
Tabb Tamplin
Teague Thornton
Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward
Young

Those not voting were Messrs. :

Adams Boggs Bowen of Randolph Branch Budd Bynum Coker Collins Conner Crawford Dicus Dorminy Doster Fitzgerald Fleming Floyd Fuqua Greene Hale Hall of Floyd Hodges Horton

Hull Hurst Jones of Worth Jones of Lumpkin Keyton Killingsworth Kimmons Knight of Laurens Knight of Berrien Lane Lee of Clayton
Lokey McDonald McGarity Melton Moate Moore Moss Otwell Pannell Farmer Payton

Pelham Phillips of Columbia Phillips of Bibb Purcell Rogers of Paulding Ross Sheffield Smith of Brantley Smith of Whitfield Stevens Taylor of Dawson Taylor of Decatur Taylor of Bibb Todd Underwood of
Montgomery Walker of Lowndes Watson Wells of Camden White Wickham Mr. Speaker

On the adoption of the Resolution, the ayes were 140, nays 0.

1378

JOURNAL OF THE HOUSE,

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

HB 863. By Messrs. Bowen of Toombs, Kirkland of Tattnall, and others:
A Bill to be entitled an Act to amend an Act revising the State Game and Fish Laws, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.

The following amendment was read and adopted:

Bowen of Toombs moves to amend HB 863 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act revising, consolidating and superseding the laws of this State relative to Game and Fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, is hereby amended by striking Subsection (a) of Section 87 in its entirety and inserting1 in lieu thereof a new Subsection (a) to read as follows:
"'(a) Baskets may not be used to take fish in the waters of this State except as provided hereinafter. Baskets may be used to take only rough fish in artificial impoundments and in the streams and waters East of (on the ocean side) the center line of the Sea board Air Line Railway main line tracks in Chatham, Bryan, Lib erty, Mclntosh, Glynn and Camden counties. Baskets may also be used to take any type fish in private lakes and private ponds. The Commission shall promulgate rules and regulations prescribing the type and size of baskets which may be used as herein prescribed, except that any type and size of basket may be used to take fish in private lakes and private ponds.'"
By striking from the language quoted as Paragraph (e) of Section 87 in Section 2 of said Bill the following:
"Provided, however, that the owner of a private pond may possess a basket or trap for use in taking fish from his private pond provided that such possession and use shall be lawful only on his property."
and inserting in lieu thereof the following:
"Provided, however, that the owner of a private lake or private pond may possess a basket or trap for use in taking fish therefrom without the necessity of obtaining such permit. Provided, further, that baskets and traps may be possessed for the purpose of sale at a regularly established place for such sale without the necessity of obtaining permits therefor."

WEDNESDAY, FEBRUARY 7, 1962

1379

By inserting in the title before the words "to repeal conflicting laws", the words "to provide an effective date".

By adding a new Section 3A to read as follows:

"Section 3A. The provisions of this Act shall become effective as of July 1, 1962."

Mr. Brackin of Seminole offered an amendment which was lost.

Mr. Bowen of Randolph offered an amendment which was lost.

Mr. Fitzgerald offered an amendment which was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barrett Black Blalock Bolton Bowen of Toombs Boyett
Bozeman Brantley
Bynum Caldwell
Chandler Clark of Catoosa Cloer Conner Davis Deen Dickey

Dicus Duncan of Fannin Duncan of Carroll Fleming Flexer Fordham Fowler of Treutlen Funk Hall of Lee Harrell Henderson Hill Horton
Howard Hull
Johnson Jones of Liberty
Jones of Lumpkin Keadle Kelly Kidd Killian Kirkland Knight of Berrien

Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lovett Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen
Melton Milhollin
Mixon Moorman
Morgan Moss Newton Odom Pannell Paris Parker of Screven

1380

JOURNAL OF THE HOUSE,

Parker of Ware Parker of Appling Phillips of Walton Pickard Poole Purcell Raulerson Rodgers of Charlton Rowland Rutland Sinipson Sinclair

Smith of Grady Smith of Brantley Smith of Pulton Smith of Whitfield Story Strickland Stuckey Taylor of Bibb Teague Thornton Todd Undercofler

Underwood of Montgomery
Underwood of Taylor Waldrop Walker of Lowndes Ware Wells of Peach Wilkes Williams of Coffee Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Ballard Barnett of Baker Baughman Bowen of Randolph Brackin Brown Busbee Chance Dollar Dorminy Doster Dunn Fitzgerald Flynt

Hurst Jones of Worth Jones of Sumter Jordan Langford Lowrey Miller Morris Otwell Pay ton Potts Roberts Ross Scarborough

Sheffield Shuman Singer Smith of Habersham Tabb Tamplin Taylor of Dawson Tucker Walker of Telfair White Woodward Young

Those not voting were Messrs.:

Adams Birdsong
Branch Brooks of Oglethorpe Brooks of Fulton Budd Clarke of Monroe Cocke Coker Collins Cox Crawford Crowe Culpepper Echols Floyd Fowler of Douglas Fuqua Greene

Hale Hall of Floyd Hodges Joiner Keyton Killingsworth Kimmons King Knight of Laurens Lokey Mackay McDonald McGarity Moate Moore Mullis Murphy NeSmith Farmer Pelham

Phillips of Columbia Phillips of Bibb Rainey Rogers of Paulding Roper Sangster Scoggin Simmons Steis Stevens Taylor of Decatur Twitty Vaughn Watson Wells of Oconee Wells of Camden Wickham Mr. Speaker

WEDNESDAY, FEBRUARY 7, 1962

1381

On the passage of the Bill, as amended, the ayes were 107, nays 40.

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

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 9:30 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock a. m.

1382

JOURNAL OF THE HOUSE,

Representatives Hall, Atlanta, Georgia Thursday, February 8, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Malcolm A. Coleman, Minister, Underwood Memorial Methodist Church, Atlanta, Georgia.
Almighty God, Father of our Lord Jesus Christ, Judge of all men, Giver of this wealthy land for our heritage, we humbly ask thee to bless our country with justice, pure religion, enduring prosperity, and peace.
Deliver all of us from selfish ambition, pride, and unfair judgment. Rule our hearts, our minds, and our actions that our lives may be of lasting value to thee and mankind.
This morning we especially pray for the members of this House who have given themselves to serve our state. Thou has entrusted them with knowledge, various talents, and places of leadership. May these gifts be used for the betterment of our state. Fill them anew with a sense of fairness and good will, and rekindle in their hearts a spirit of devotion to their work.
In Christ's name we pray. Amen.

By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions.

THURSDAY, FEBRUARY 8, 1962

1383

4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 8, 1962, and submits the following:

1. HB

81. Motor Vehicles, inspections (Placed on Cal. to consider unfav. rept. of Committee)

2. HB

181. Railroad employees, safety

3. HR 110- 291. Compensate Wanda Jones

4. HR 192- 599. Compensate James Wood

5. HR 212- 642. Compensate Hall & Sons

6. HB

735. Dealers in rifles, tax

7. HR 344- 735. Department of Commerce, Commissioners

8. HR 347- 735. Compensate Henry Pendley

9. HR 348- 735. Compensate R. P. Packard

10. HB

738. County Boards of Education, members

11. HB

741. Minimum rate, maintenance crew

12. HR 353- 741. Superintendent of Schools appointed

13. HB

784. Tax equalization, loan

14. HR 385- 793. Designate Lake Roanoke

15. HR 389- 793. Slum clearance, counties

16. HB

797. State Bar of Georgia

17. HB

808. Ty Cobb Memorial

18. HB

809. Department of Commerce, appropriation

19. HB

810. Income from estate

20. HR 402- 822. Compensate Melvin Hubbard

21. HB

826. Letters of Administration

22. HR 406- 831. Felony, maximum sentence

23. HB

846. Trespassers, not jointly sued

1384

JOURNAL OF THE HOUSE,

24. HB

860. Board of Floral Designers

25. HB

861. Motor Common Carriers, define

26. HB

862. Motor Contract Carriers, define

27. HB

867. Selection of jury

28. HB

890. Life Imprisonment, under eighteen

29. HR 425- 891. Reed Bingham State Park

30. HB

893. Property Tax Act, amend

31. HB

896. Fishing on Sabbath, amend

32. HB

909. Service, not necessary

33. HB

911. Budget officer, Board of Education

34. HB

915. Sale of Treated Seed

35. HB

919. Clerk of Court, use microfilm

36. HB

921. Maintenance of streets, grants

37. HR 461- 922. Medical loans, repayment

38. HB

930. Employees' Retirement, amend

39. HB

933. Certain language over telephone, prohibit

40. HR 473- 935. Death sentence, amend

41. HB

937. Traffic laws on highways

42. HB

945. Telephone facilities, illegal purposes

43. HB

946. Sale of animal remedies

44. HB

948. Legal evidence, courts

45. HB

949. Prisoner's statement, criminal trials

46. HB 1018. Mufflers, excessive noise, unlawful

47. HB 1037. Abandonment, define

48. HB 1038. Define vagrancy, punishment

49. HB 1039. Confinement in prison

50. HB 1040. Drunkenness, define

51. HR 544-1049. Youth Problems, Committee

52. HR 541-1049. Transfer property, Hall County

53. HB 1050. Insurance, Auto liability

54. HB 1061. Clerks Superior Court, retirement

55. HB 1069. Motor Vehicles, case of injury

56. HB 1076. Fire departments, minimum wage

57. HB 1081. Annexing territory, method

THURSDAY, FEBRUARY 8, 1962

1385

58. HB 1101. University System, police security

59. HB 1115. Teacher retirement, amend

60. HB 1133. Budget Bureau, appropriation

61. HB 1132. State Officials--Compensation Limitation

62. HR 472- 935. Certain officials, compensation

63. SB

36. Separate estate of wife--reconsidered

64. SB

41. Chartering of corporations

65. SB

202. Social Security, coverage

66. SB

212. Health insurance plan

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
/s/ Twitty of Mitchell, Vice-Chairman /s/ Undercofler of Sumter, Secretary

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1184. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Vidalia, so as to provide for wards in said City; and for other purposes.
Referred to the Committee on Local Affairs.

HR 629-1184. By Mr. Bowen of Toombs:
A Resolution proposing an amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 630-1184. By Mr. Clarke of Monroe: A Resolution compensating E. W. Banks; and for other purposes.
Referred to the Committee on Appropriations.

1386

JOURNAL OF THE HOUSE,

HB 1185. By Messrs. Jones of Sumter, Davis of Wayne, Jones of Sumter, Adams of Polk, Kidd of Baldwin and others:
A Bill to be entitled an Act to remedy a cause of unemployment and economic insecurity within the State of Georgia; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1186. By Messrs. Lowrey, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to provide uniformity in the composition of boards of commissioners of Roads and Revenues in Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1187. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to repeal an Act placing the compensation of the Sheriff of Brooks County on a salary basis in lieu of a fee basis, so that the Sheriff of Brooks County shall be placed on a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1188. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to provide that it shall be unlawful to operate any motor driven boat on any of the waters of this State towing a person on water skis unless said boat is equipped with a rear view mirror; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1189. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Morrow; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1190. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, so as to provide for the City to exercise the right of eminent domain; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 8, 1962

1387

HB 1191. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale; to provide for a Civil Service or Merit System for City Employees of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HR 631-1191. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution to provide that in the case of the death of the Governor-elect, the Lieutenant Governor elect shall succeed to the office of Governor; and for other purposes.
Referred to the Committee on State of Republic.

HR 632-1191. By Messrs. Kidd and Chandler of Baldwin:
A Resolution requesting the Board of Regents to make certain property available to the Welfare Department; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 633-1191. By Mr. Kidd of Baldwin:
A Resolution to compensate Hon. J. C. Cooper, Clerk of the Superior Court of Baldwin County; and for other purposes.
Referred to the Committee on Appropriations.

HB 1192. By Messrs. Killian and Flexer of Glynn, Davis of Wayne, Wells of Camden, Conner of Jeff Davis and Parker of Appling:
A Bill to be entitled an Act to amend an Act providing a salary system in lieu of a fee system for the Solicitor General of the Brunswick Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HR 634-1192. By Mr. Busbee of Dougherty:
A Resolution compensating Mrs. Mildred W. McDonald and Mr. W. T. Winslett, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 635-1192. By Mr. Chance of Twiggs:
A Resolution compensating Mr. and Mrs. Mark Fitzpatrick; and for other purposes.
Referred to the Committee on Appropriations.

1388

JOURNAL OF THE HOUSE,

HR 636-1192. By Messrs. Busbee and Odom of Dougherty:
A Resolution authorizing and directing the conveyance of certain pro perty belonging to the State to the Albany Civitan Club, Inc.; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 637-1192. By Mr. McClelland of Fulton: A Resolution to compensate E. 0. Sams; and for other purposes.
Referred to the Committee on Appropriations.

HB 1193. By Messrs. Smith and Boyett of Whitfield, Pannell of Murray, Crowe and Greene of Bartow:
A Bill to be entitled an Act to provide for the appointment of an Assist ant Solicitor-General in Judicial Circuits in certian counties; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1194. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act known as the "Georgia State Highway Authority Act", so as to increase the maximum sum of the principal amount of bonds which may be outstanding at any one time and which are issued by resolution of the Authority; and for other purposes.
Referred to the Committee on Highways.

HB 1195. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville, by changing the corporate limits by annexing thereto four parcels of land; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1196. By Mr. Morris of Tift:
A Bill to be entitled an Act to amend an Act to provide for a new charter for the City of Tifton, and relating to the manager's bond; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 8, 1962

1389

HR 638-1196. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly may grant to the governing authority of Hall County the right to construct, grade, pave, repave and repair roads and streets, etc.; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1197. By Messrs. Taylor, Thornton and Phillips of Bibb:
A Bill to be entitled an Act to confirm the action of the City of Macon in closing certain alleys and transforming said property; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1198. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1199. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to create a system of traffic courts, so as to provide compensation for assistant solicitors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1200. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to Coroner's fees, in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1201. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to be entitled an Act to create a Bond Commission for DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1202. By Mr. Fowler of Douglas: A Bill to be entitled an Act to provide for a lien in favor of the owner of live poultry on such poultry; and for other purposes.
Referred to the Committee on Judiciary.

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HB 1203. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend an Act by further defining situs of intangible property; and for other purposes.
Referred to the Committee on Ways and Means.

HR 639-1203. By Messrs. Rutland, Mackay and Howard of DeKalb: A Resolution proposing an amendment to the Constitution so as to provide for the establishing, acquiring, constructing, etc., a Junior Col lege in the County of DeKalb; and for other purposes.
Referred to the Committee on University of Georgia.
HR 640-1203. By Mr. Ross of Lincoln. A Resolution compensating Roy Banks; and for other purposes.
Referred to the Committee on Appropriations.
HB 1204. By Messrs. Payton and Potts of Coweta: A Bill to be entitled an Act to amend an Act known as the "Coweta County Pension and Retirement Pay Act"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1205. By Messrs. Story and Morgan of Gwinnett: A Bill to be entitled an Act to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in Gwinnett County; and for other purposes.
Referred to the Committee on State of Republic.
HR 641-1205. By Mr. Smith of Fulton: A Resolution proposing an amendment to the Constitution providing for the creation of the Metropolitan Atlanta Transit Authority as an instrumentality and agency of the State; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1206. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools so as to provide that time spent in the armed services of the U. S. during a certain period may be included as creditable service under the Act for such a period of time; and for other purposes.
Referred to the Committee on Education.

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1391

HB 1207. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a retire ment system for teachers in the State public Schools and other sup ported schools, so as to provide a method for reinstatement of teachers who have withdrawn their contributions; and for other purposes.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1153. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, to describe the limits of said City; and for other purposes.

HB 1154. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act to create and establish the City Court of Colquitt County; and for other purposes.

HB 1155. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act fixing the salary of the Treasurer of Haralson County so as to increase the amount of the ex pense account; and for other purposes.

HB 1156. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick; and for other purposes.

HB 1157. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Income Tax Act of 1931, by providing that associations created pursuant to the provisions of the Georgia Professional Association Act shall be included within the term "Associations"; to provide that such Profes sional Associations shall be taxed as corporations under the said Income Tax Act; and for other purposes.

HB 1158. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan, so as to authorize the City governing authority to close a certain unnamed street; and for other purposes.

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HE 610-1158. By Mr. Undercofler of Sumter:
A Resolution proposing an amendment to the Constitution so as to create the Americus-Sumter Payroll Development Authority; and for other purposes.

HR 611-1158. By Mr. Rogers of Paulding: A Resolution compensating Dan W. Forsyth; and for other purposes.

HR 612-1158. By Mr. Rogers of Paulding: A Resolution compensating Randolph Upton; and for other purposes.

HR 613-1158. By Mr. Simmons of Banks:
A Resolution proposing an amendment to the Constitution so as to create the Banks County Industrial Building Authority; and for other purposes.

HB 1159. By Messrs. Ware of Troup, Steis of Harris and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of West Point, so as to authorize the City of West Point to provide any type of group insurance, and similar insurance coverage for all regular employees of said city and their dependents; and for other purposes.

HB 1160. By Messrs. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees"; and for other purposes.

HB 1161. By Messrs. M. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities have a certain population shall furnish pensions to officers and employees of such cities; to provide additional pensions for officers and employees who suffer injuries resulting in total and permanent disability in the line of duty; and for other purposes.

HB 1162. By Messrs. Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities, so as to provide increased pensions for certain officers and employees; and for other purposes.

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1393

HB 1163. By Messrs. Phillips, Taylor and Thornton of Bibb and Mackay of DeKalb:
A Bill to be entitled an Act known as the General Appropriations Act, so as to provide appropriations for the acquisition of Wesleyan Con servatory Property; and for other purposes.

HR 614-1163. By Messrs. Phillips, Taylor and Thornton of Bibb and Mackay of DeKalb:
A Resolution relative to Wesleyan College; and for other purposes.

HR 615-1163. By Messrs. Melton and Bolton of Spalding:
A Resolution proposing an amendment to the Constitution so as to create the Griffin Industrial Building Authority; and for other purposes.

HR 616-1163. By Mr. Boggs of Madison:
A Resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development Authority; and for other purposes.

HB 1164. By Messrs. Lovett and Knight of Laurens:
A Bill entitled an Act to provide for additional compensation for the Solicitor-General of the Dublin Judicial Circuit; and for other purposes.

HB 1165. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to game and fish, so as to provide that fishing license shall be required when fishing in salt water; and for other purposes.

HR 617-1165. By Mr. Harrell of Fayette:
A Resolution proposing an amendment to the Constitution so as to create the Fayette County Industrial Building Authority; and for other pur poses.

HR 618-1165. By Mr. Miller of Elbert:
A Resolution proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Elbert County shall elect a County School Superintendent for Elbert County; and for other purposes.

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HR 619-1165. By Mr. Miller of Elbert;
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by the people; and for other purposes.

HR 620-1165. By Mr. Fowler of Douglas:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses; and for other purposes.

HB 1166. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend the charter of the City of Kennesaw, so as to change the corporate limits; and for other purposes.

HB 1167. By Messrs. Teague, Wilson and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

HB 1168. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Smyrna, so as to repeal and delete Section 77 of the Charter of the City of Smyrna; and for other purposes.

HB 1169. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend the charter of Austell, so as to change the corporate limits; and for other purposes.

HB 1170. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to create the Cobb County Records and Identification Bureau; and for other purposes.

HB 1171. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the Judges of said Circuit receive from Cobb County; and for other purposes.

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1395

HB 1172. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to fix the Compensation of the Treasurer of Cobb County; and for other purposes.

HB 1173. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act fixing the compensation for the Coroner of Cobb County; and for other purposes.

HB 1174. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Clerk of the Superior Court, and others; and for other purposes.

HB 1175. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County; and for other purposes.

HB 1176. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cobb County: and for other purposes.

HR 621-1176. By Messrs. Willingham, Wilson and Teague of Cobb:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board; and for other purposes.

HR 622-1176. By Messrs. Teague, Willingham and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly may exempt from taxation in the City of Smyrna the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead; and for other purposes.

HB 1177. By Messrs. Steis of Harris, Harrell of Fayette, Smith of Whitfield, Underwood of Taylor, Brown of Hart, Andrews of Stephens and Akins of Union:
A Bill to be entitled an Act to create a division in the State Department

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of Veterans Service, to be known as the Georgia War Veterans Museum; and for other purposes.

HB 1178. By Messrs. Culpepper of Talbot, Mullis of Bleckley, Pelham of Schley, Stevens of Marion, Stuckey of Dodge and others:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt sales of prescription medicines; and for other purposes.

HB 1179. By Messrs. Busbee and Odom of Dougherty:
A Bill to be entitled an Act providing for the execution of a bond for school principals, so as to provide that one or more principals or persons entering into employment as principals, may be covered under a blanket bond; and for other purposes.

HR 626-1179. By Mr. Mackay of DeKalb: A Resolution to compensate Robert L. Norquist; and for other purposes.

HB 1180. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Savannah, so as to increase the costs of said Court in all cri minal and civil proceedings; and for other purposes.

HB 1181. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend an Act relating to and incorpo rating the Mayor and Alderman of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes.

HB 1182. By Mr. McDonald of White:
A Bill to be entitled an Act to amend an Act creating a board of Com missioners of Roads and Revenues for White County; and for other purposes.

HR 628-1182. By Mr. Barber of Jackson:
A Resolution proposing an amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes.

THURSDAY, FEBRUARY 8, 1962

1397

HB 1183. By Mr. Pannell of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, so as to change the corporate limits; and for other purposes.

SR 87. By Senator Sanders of the 18th:
A Resolution proposing an amendment to the Constitution so as to provide for four year terms for members of the State Senate; and for other purposes.

SR 98. By Senator Veazey of the 19th:
A Resolution proposing an amendment to the Constitution so as to provide for one Senator from each county; and for other purposes.
SB 215. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide that whenever income from an estate or trust is available for the benefit of a person whose support is the legal obligation of another and such income is actually used for such person's support, the legal obligation of the other to support such person is reduced to the extent that such income is actually used for such persons support; and for other purposes.

SB 259. By Senator Claxton of the 21st:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System so as to provide for credit to members for previous service and an employee of the Peace Officers' Annuity for Benefit Fund; and for other purposes.

SB 264. By Senator Lambert of the 28th:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Ocmulgee Judicial Circuit of Georgia, so as to make two judges in said court; and for other purposes.

SB 257. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act providing a pension for members of the police departments in cities having a population of 150,000 or more, in the State of Georgia, according to last census of United States, and for

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JOURNAL OF THE HOUSE,

other purposes set forth in the Act approved February 15, 1933 and the several Acts amendatory thereof; and for other purposes.

SB 258. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend the Act providing pensions for members of paid fire departments applicable to cities having more than 150,000 population by the United States Census of 1920 and any subsequent census; and for other purposes. .

SB 262. By Senator Brown of the 52nd:
A Bill to be entitled an Act to provide for the appropriation on the first day of each calendar quarter by the Board of Commissioners of certain counties to the County Board of Education a sum sufficient to pay the obligations of the Board of Education; and for other purposes.

SB 267. By Senator Veazey of the 19th: A Bill to be entitled an Act to provide that the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all traffic violations in said counties; and for other purposes.
Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations, has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 346-735. Do Pass, as Amended. HR 412-852. Do Pass, as Amended. HR 413-852. Do Pass, as Amended. HR 414-852. Do Pass, as Amended. HR 567-1101. Do Pass, as Amended.
Respectfully submitted, Smith of Grady, Chairman.

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:

THURSDAY, FEBRUARY 8, 1962

1399

Mr. Speaker:

Your Committee on Appropriations, has had under consideration the followBills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1152. Do Poss. HB 1163. Do Pass. HR 468-927. Do Pass. HR 94-269. Do Pass. HR 452-918. Do Pass. HR 462-922. Do Pass. HR 362-755. Do Pass. HR 333-727. Do Pass. HR 129-383. Do Pass. HR 407-832. Do Pass.
Respectfully submitted, Smith of Grady, Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considertion the following Resolutions of the House and has instructed me as Chairman, to report the same to the House with the following recommendations:
HR 614-1163. Do Pass. HR 636-1192. Do Pass. HR 562-1101. Do Pass, as Amended.
Respectfully submitted, Cox of Clarke, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB

1035. Do Pass.

HB

1111. Do Pass.

HB

1112. Do Pass.

HB

1113. Do Pass.

HB

1114. Do Pass.

HB

1117. Do Pass.

HB

1118. Do Pass.

HB

1119. Do Pass.

HB

1120. Do Pass.

HB

1122. Do Pass.

HB

1123. Do Pass.

HB

1124. Do Pass.

HB

1127. Do Pass.

HB

1128. Do Pass.

HB

1130. Do Pass.

HB

1131. Do Pass.

HB

1134. Do Pass.

HB

1135. Do Pass.

HB

1137. Do Pass, as Amended.

HB

1138. Do Pass.

HB

1139. Do Pass.

HB

1140. Do Pass.

HB

1141. Do Pass.

HB

1144. Do Pass.

HB

1145. Do Pass.

HB

1146. Do Pass.

HB

1150. Do Pass.

HR 576-1126. Do Pass.

HR 577-1126. Do Pass.

HR 578-1126. Do Pass.

HR 582-1126. Do Pass.

THURSDAY, FEBRUARY 8, 1962

1401

HR 591-1147. Do Pass.

SB

228. Do Pass.

SB

240. Do Pass.

SB

251. Do Pass.

Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and Senate and has instructed me as Vice-Chairman, to re port the same back to the House with the following recommendations:
HR 557. Do Pass. HR 518. Do Pass. HR 519. Do Pass. HR 596. Do Pass. HR 597. Do Pass. HR 600. Do Pass. SR 125. Do Pass. HR 450-916. Do Pass, as Amended. HR 595. Do Pass. HR 570. Do Pass, as Amended.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 227. Do Pass.

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JOURNAL OF THE HOUSE,

SB 181. Do Pass. SB 168. Do Pass. HB 1129. Do Pass. HB 1059. Do Pass. SB 252. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommenda tions.

HR 616-1163. Do Pass.

HR 617-1165. Do Pass.

HR 618-1165. Do Pass.

SR

136. Do Pass.

SR

140. Do Pass.

HB 1080. Do Pass, by Committee Substitute.

HB 1132. Do Pass, by Committee Substitute.

HB

603. Do Pass, as Amended.

Respectfully submitted,

Bolton of Spalding,

Chairman.

Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bills of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 761. Do Pass.

THURSDAY, FEBRUARY 8, 1962

1403

HB 936. Do Pass. HB 1077. Do Pass.

Respectfully submitted, Blalock of Clayton, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:

HB 243. By Messrs. Smith of Grady, Rowland of Johnson and others:
A Bill to amend an Act relating to the requirements for admission to the practice of law of attorneys from other states, so as to require that all attorneys desiring to practice law in this State, with certain exceptions, must satisfactorily pass an examination; and for other purposes.

HB 442. By Messrs. Lanier of Candler, Conner of Jeff Davis and others:
A Bill to authorize the organization of Tobacco Boards of Trade and to provide their membership, powers, duties and authority; and for other purposes.

HB 788. By Messrs. Underwood of Montgomery, McCracken of Jefferson and others:
A Bill to provide for a blank space on each ballot used in any election held to fill public office; to provide for the voter to insert in the blank space the names of persons as write-in candidates; and for other purposes.

HB 830. By Mr. Vaughn of Rockdale:
A Bill to amend an Act concerning notaries public who are stock holders, directors or employees of banks or other corporations, so as to clarify certain provisions of said Act; and for other purposes.

HB 837. By Messrs. Hull, Fleming and Fuqua of Richmond and others: A Bill to amend the Banking Law of Georgia, so as to provide that in

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JOURNAL OF THE HOUSE,

no event shall any such bank hold shares in small business investment companies in an amount aggregating more than two per cent of its capital and unimpaired surplus; and for other purposes.

HB 736. By Messrs. Cox of Clarke, Smith of Grady and others:
A Bill to amend an Act known as the "University System Building Authority Act", so as to authorize an extension of the date of maturity for Student Housing Revenue Bonds; and for other purposes.

HB 773. By Mr. Thornton of Bibb:
A Bill to amend an Act relating to natural guardians and the appoint ment of another guardian in the event the natural guardian fails or refuses to give bond or surety, so as to provide that the father, if alive, unless otherwise provided, is a natural guardian; and for other purposes.

HB 823. By Messrs. Smith of Emanuel and Hill of Meriwether:
A Bill to amend an Act known as "The Soil Conservation Districts Law", so as to change the name of said Act; and for other purposes.

HB 839. By Messrs. Fuqua and Hull of Richmond, McClelland and Brooks of Fulton and others:
A Bill to regulate corporations and other persons doing business as building association, savings and loan association, building and loan associations, or on the building society plan, which corporations and other persons are not Federal Savings and Loan Associations and are not chartered pursuant to the Building and Loan Act; and for other purposes.

HB 29. By Mr. Kidd of Baldwin:
A Bill to amend an Act to effect a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to provide a different method of selecting County Registrars in counties having a certain population; and for other purposes.

HB 556. By Mr. Murphy of Haralson:
A Bill to amend an Act known as the "Used Car Dealers' Registration Act", so as to provide that said Act shall be applicable in all counties having a population of not less than 14,500 nor more than 14,900; and for other purposes.

THURSDAY, FEBRUARY 8, 1962

1405

HB 898. By Mr. Arnsdorff of Effingham:
A Bill to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Spring field shall not be affected by the provisions of this Act; and for other purposes.

HB 925. By Mr. Otwell of Forsyth:
A Bill to change the time of holding Forsyth Superior Court, so as to provide that the November term shall be held on the 2nd Monday in November; and for other purposes.

HB 953. By Mr. Cocke of Terrell:
A Bill to amend the Charter of the City of Dawson; to provide for the annexation of certain territory; and for other purposes.

HB 955. By Mr. Young of Turner:
A Bill to amend an Act creating a new Charter for the City of Ashburn relating to the closing of a certain street; and for other purposes.

HB 963. By Mr. Phillips of Martin:
A Bill to amend an Act creating a new charter for the City of Monroe, so as to establish a reserve capital improvement fund out of the Water, Light and Gas receipts; and for other purposes.

HB 964. By Messrs. Scoggin, Lowrey and Hall of Forsyth:
A Bill to amend an Act creating a charter for the government for the City of Rome by extending the corporate limits; and for other purposes.

HB 965. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Bill to amend an Act creating a new charter for the City of Rome; by authorizing the City of Rome to operate a public transportation system with the City of Rome; and for other purposes.

HB 966. By Mr. Moore of Polk:
A Bill to amend an Act creating a new Charter for the City of Cedartown; so as to extend the corporate limits of said City; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 967. By Messrs. Jones and Undercofler of Sumter:
A Bill to amend an Act to change from the fee system to the salary system in the County of Sumter, the Clerk of the Superior Court and the Clerk of the City Court; and for other purposes.

HB 969. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County; to provide for an annual audit; and for other purposes.

HB 977. By Mr. Hall of Lee:
A Bill to amend an Act creating the charter for the City of Leesburg, so as to change the corporate limits; and for other purposes.

HB 979. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to amend an Act creating the Charter of the Town of Pooler, so as to change the corporate limits; and for other purposes.

HB 980. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to create the Charter of the Town of Pooler, so as to change the millage rate which may be levied by the Mayor and Aldermen; and for other purposes.

HB 982. By Messrs. Lee and Blalock of Clayton:
A Bill to provide that Clerks of the Superior Court may use separate index books in certain counties; and for other purposes.

HB 1004. By Mr. Horton of Putnam:
A Bill to consolidate the offices of Tax Collector and Tax Receiver of Putnam County; and for other purposes.

HB 1005. By Mr. Horton of Putnam:
A Bill to change from the fee to the salary system in Putnam County the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver and the Ordinary; and for other purposes.

THURSDAY, FEBRUARY 8, 1962

1407

HB 984. By Messrs. Waldrop and Duncan of Carroll:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Carroll County; and for other purposes.

HB 985. By Messrs. Waldrop and Duncan of Carroll:
A Bill to amend an Act creating and adopting a new charter for the Town of Temple, so as to change the name of said Town to the City of Temple; and for other purposes.

HB 987. By Mr. Raulerson of Echols:
A Bill establishing a Board of Commissioners of Roads and Revenues of Echols County; and for other purposes.

HB 989. By Messrs. Smith, Brooks and McClelland of Fulton and Rutland, Mackay and Howard of DeKalb: A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to powers to vacate and abandon streets; and for other purposes.
HB 992. By Mr. Conner of Jeff Davis: A Bill to provide the terms of the Superior Court of Jeff Davis County; and for other purposes.

HB 993. By Mr. Fitzgerald of Long:
A Bill to prescribe the rate of Commission which the Tax Collector of Long County shall receive; and for other purposes.

HB 994. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act placing the compensation of the Sheriff of Glynn County on a salary basis in lieu of a fee basis; and for other purposes.

HB 995. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act creating the City Court of Brunswick; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Resolutions of the House to wit:

1408

JOURNAL OF THE HOUSE,

HR 558-1072. By Mr. Smith of Emanuel:
A Resolution relative to the "Mansion Sites Commission"; and for other purposes.

HR 604. By Mr. Bynum of Rabun:
A Resolution relative to the Burlington Industries in the State of Georgia; and for other purposes.

HR 605. By Mr. Barrett of Cherokee:
A Resolution expressing appreciation for services rendered by the Order of DeMolay; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 624. By Mr. Moss of Calhoun:
A Bill to define the terms "agricultural products", "agricultural com modities", and "farm products"; and for other purposes.

HB 795. By Messrs. Walker and Budd of Lowndes, Johnson of Jenkins and others:
A Bill to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed restrictions applicable to motor vehicles; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:

SB 229. By Senator Sanders of the 18th:
A Bill to provide a method for distributing State funds to the several incorporated municipalities of this State for street purposes and for the purposes of traffic control; to repeal conflicting laws; and for other purposes.

SB 269. By Senator Waters of the 41st:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved Aug. 10, 1920 (Ga. Laws 1920, p. 519), as amended, so as to change the compensation of said commissioner and to change the compensation of the clerk of said com missioner; and for other purposes.

THURSDAY, FEBRUARY 8, 1962

1409

SB 272. By Senator Perry of the 49th:
A Bill to amend an Act to fix the compensation of the clerk of the superior court of Evans County, approved March 17, 1960 (Ga. Laws 1960, p. 2973), so as to change the compensation of the clerk of said court; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 742. By Messrs. Pannell of Murray, McCutchen of Gilmer and others:
A Bill to amend an Act relating to the Budget Bureau, so as to create a new Budget Bureau; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Resolution of the House:
HR 375. By Messrs. Pannell of Murray, McCutchen of Gilmer and others: A Resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Resolution of the House:
HR 376. By Messrs. Pannell of Murray, McCutchen of Gilmer and others: A Resolution proposing an amendment to the Constitution so as to pro vide for appropriation control; and for other purposes.

The Senate has agreed to the House amendment to the following Resolution of the Senate:
SR 102. By Senator Knox of the 54th: A Resolution to create a committee to investigate the feasibility of creating a Georgia Housing Administration; and for other purposes.

The Senate has agreed to the House amendment to the following Resolution of the Senate:

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JOURNAL OP THE HOUSE,

SR 105. By Senator Jackson of the 24th:
A Resolution designed to institute a method of instruction for the youth of Georgia in the dogmas and tenets of Americanism and to develop intelligent and aggressive opposition to Communism and teach loyalty to our American political and economic system.

The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:

HB 99. By Messrs. Bolton and Melton of Spalding and others:
A Bill to amend an Act relating to mileage allowance for State officials and employees, and the furnishing of automobiles by officials and employees, so as to prescribe such mileage allowance; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:

SB 234. By Senator Miller of the 40th:
A Bill to amend Code Section 32-1004, relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.

SB 268. By Senators Hart of the 63rd, Miller of the 40th and Raynor of the 4th:
A Bill to amend the "Georgia Water Quality Control Act", approved March 13, 1957 (Ga. Laws 1957, p. 629), so as to give certain powers to the director of the State Game and Fish Commission; and for other purposes.

SB 271. By Senators Hart of the 53rd, Perry of the 49th and others:
A Bill known as the "Georgia Agricultural Commodities Promotion Act", approved March 30, 1961 (Ga. Laws 1961, p. 301), so as to change the provisions providing for the termination of marketing orders and marketing agreements and the procedures connected therewith; to repeal conflicting laws; and for other purposes.

SR 144. By Senators Ingram of the 42nd and Perry of the 49th:
A Resolution proposing an amendment to the Constitution of Georgia to authorize each county municipality, political subdivision or county board of Education to make loans; and for other purposes.

THURSDAY, FEBRUARY 8, 1962

1411

SB 249. By Senator Ingram of the 42nd:
A Bill to amend an Act creating a Board of Education of the State ap proved Feb. 10, 1937 (Ga. Laws 1937, p. 864), so as to provide the Board with authority to create a driver education program; to repeal con flicting laws; and for other purposes.

SB 266. By Senator Sanders of the 18th:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954 (Ga. Laws 1953 Nov.-Dec. Sess., p. 556), as amended, so as to provide that it shall be unlawful to enter, go upon or cross certain highways, except at certain designated points; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 229. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide a method for distributing State funds to the several incorporated municipalities of this State for Street purposes and for the purposes of traffic control; and for other purposes.
Referred to the Committee on State of Republic.

SB 269. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to change the compensation of said commissioner and to change the com pensation of the clerk of said commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

SB 272. By Senator Perry of the 49th:
A Bill to be entitled an Act to amend an Act to fix the compensation of the clerk of the superior court of Evans County, so as to change the compensation of the clerk of said court; and for other purposes.
Referred to the Committee on Local Affairs.

SB 234. By Senator Miller of the 40th:
A Bill to be entitled an Act to amend Code Section 32-1004, relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.
Referred to the Committee on Education.

1412

JOURNAL OF THE HOUSE,

The following Interim Committee reports were received:

To: Members of the General Assembly of Georgia

REPORT OF COMMITTEE CREATED TO STUDY LAWS RELATING TO
ABANDONMENT AND ILLEGITIMACY
The Committee to study laws relating to abandonment and illegiti macy was created by HR 224, adopted at the 1961 Regular Session of the General Assembly of Georgia. Pursuant to the terms of said Resolu tion, Hon. Geo. L. Smith II, the Speaker of the House of Representatives of Georgia, appointed as members of the Committee:
Rep. George D. Busbee of Dougherty County,
Rep. Harold A. Boggs cf Madison County,
Rep. Knox Bynum of Rabun County,
Rep. Preston B. Lewis, Jr. of Burke County,
Rep. James W. Paris of Barrow County.
At the organizational meeting, by unanimous vote, Representative Busbee was elected Chairman and Representative Lewis was elected Secretary.
The Committee has met for five days to study the problem of illegiti mate children being born in Georgia and the "ever-increasing burden on the taxpayers" of the State. The Committee has reviewed the exist ing laws and regulations pertaining thereto and has had several con sultations with Mr. Harold Parker, Director of the Division of Social Administration of the State Department of Public Welfare.
It was necessary that your Committee review the entire program on Aid to Dependent Children which includes about 10% illegitimate children and 90% dependent children who are born in wedlock. Though there has been an increase from May of 1957 to May of 1960, in the total number of children receiving aid for dependent children from 15,179 to 15,745 there has been a remarkable decrease in the number of illegitimate children receiving such help.
Annexed hereto is a report on illegitimate children receiving A.D.C. in Georgia by race in May of 1957 and May of 1960. You will note that in 1957 there was 2,516 Negro families in Georgia receiving assistance for children born out of wedlock and that this number de creased approximately 20% by 1960, the total then being 2,008 families. There was also a slight decrease in the number of white families receiv ing assistance for children born out of wedlock over the same period. This reduction was from 520 to 486 families.

THURSDAY, FEBRUARY 8, 1962

1413

It should also be noted that there was a considerable reduction in the number of illegitimate children concerned. In 1957 there were 4,858 Negro illegitimate children receiving assistance and in 1960 this number had been reduced to 3,734.

Although there has been a substantial increase in child population in Georgia, both White and Colored, this reduction in the number of families receiving assistance for illegitimate children has been accom plished without any change in laws. It has been executed by adminis trative policy and procedure directed towards the employment of parents, encouragement of parents to provide for their children, and through the rehabilitative resources of the State, the communities, churches, schools and medical facilities.

The flexibility of the entire A.D.C. program is limited by the Federal control resulting from the Federal participation in this program. The Federal Government contributes approximately 74% to this pro gram and all administrative rules and regulations and State Laws under which it is administered must be approved by the United States Department of Health, Education and Welfare. Several states have attempted to limit the A.D.C. program as it relates to illegitimate children by legislative action. The State of Louisiana recently passed laws on this subject which were determined to be in conflict with the Federal Social Security Act. The Federal agency has advised that A.D.C. will be withheld from Louisiana in the event the offending statutes are not changed. It is the concensus of this Committee that State Laws drafted in an effort to curb A.D.C. to illegitimate children may have an adverse effect. Such laws would tend to make the entire program unwieldy, limiting administrative discretion on the State level.

The Georgia State Department of Public Welfare has effectively curbed the misuse of A.D.C. through regulations adopted within the Department. The regulations on "Substitute Fathers" and on "Suitable Homes" are examples of these effective policies. The policy on "Sub stitute Fathers" is quoted from the Georgia State Department of Public Welfare manual on Public Welfare Administration.

"State regulations are as follows: A man living in commonlaw relationship with a woman shall be considered a substitute father of any children had by this woman, or any children this woman has had by another man.

"State regulations consider a man living in commonlaw rela tionship with a woman as responsible for the support and care of his and her children, regardless of whether or not he is married to another woman. State regulations place the same responsibility on this man as though he were the legal husband. In such commonlaw relationships all rules for establishing deprivation exist as do for a legal father.

"Common-law relationship is considered to exist when a man, married or single, lives in the home with the applicant (for the purpose of cohabitation), or if not living in the home regularly, he

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JOURNAL OF THE HOUSE,

visits frequently for the purpose of living with or cohabiting with the applicant.

"A newborn baby and/or pregnancy is prima faci evidence

of a substitute father. Only in situations where strong, convincing

evidence is submitted, proving that the substitute father is no

longer in the home and has discontinued his relationship shall the

factor of deprivation be established. Such evidence would include

proof that the man has moved to a distant place, or has been ad-

"!*a*

mitted to a public institution. The burden of proof rests on the

mother. Testimony of the applicant should be corroborated by law-

enforcement officials, friends, neighbors, ministers, groceryman, etc.

All evidence on cases involving substitute fathers shall he submitted

to the County Welfare Board for determination as to whether or not

there is a substitute father, and whether or not a common-law

relationship exists."

This State regulation on "Substitute Fathers" has been approved by the Federal Agency and is very effective in controlling the misuse of A.D.C. funds. All of the A.D.C. regulations adopted by this State are too voluminous to be briefed in this report but upon review of same by this Committee we feel that the Department is doing all in its power to curb the misuse of A.D.C. funds.

The "Suitable Home" regulation has been used by the Department for several years, but has recently been disapproved and disallowed by the Federal Agency as a result of the legislation in Louisiana. How ever, revised regulations on the subject should prove effective in the same area and without legislative action in this State.

In short, this Committee feels that this is another program of Federal control through use of Federal funds, and the Federal policy is constantly changing. We feel that this can best be met on the State level through suitable regulations rather than annual changes in State Laws for so long as our State Department of Public Welfare shows a continued interest in combatting the misuse of these refunds.

BIRTH CONTROL

It has become apparent to the Committee that many persons in the low income group have larger families than they have economic ability to support and are totally ignorant of any means to combat this prob lem. They have become frustrated by their inability to adequately support their familiies and are overwhelmed by the every day demands of modern living. They add to the overall confusion by mistreating or neglecting their children and often desert them. From these broken homes of neglected, abused and fatherless children come the majority of the State's most serious social problems. Many of these families must be supported by public charity, and general personal insecurity they present burdensome health problems, disrupt the schools, fill the juvenile court dockets, crowd the training schools and later fill the State's prisons to overflowing. It is our recommendation that a Com mittee be appointed by the General Assembly to study the feasibility of disseminating birth control information in simple everyday language

THURSDAY, FEBRUARY 8, 1962

1415

to these people. Also, we recommsnd that this Committee study the desirability of furnishing birth control devices and means of birth control to such people when requested, through the State Welfare Department in conjunction with the State Health Department. It is our understanding that several states are currently engaged in such a program either through their State Health Department or their State Welfare Department.

The Committee expresses its appreciation to the officials and staff of the State Department of Public Welfare and the Office of Legislative Counsel for the cooperation, advice and assistance given the Committee during their study and deliberations.

Respectfully submitted:
The Committee: George D. Busbee, Representative Dougherty County, Chairman Preston B. Lewis, Jr., Representative Burke County, Secretary Harold A. Boggs, Representative Madison County, Member Knox Bynum, Representative Rabun County, Member James W. Paris, Representative Barrow County, Member.

REPORT ON ILLEGITIMATE CHILDREN RECEIVING A.D.C. IN GEORGIA BY RACE
Estimated from Permanent Sample Data

Total Born Out of Wedlock

MAY 1960

TOTAL
Number Children of
Families Number %

WHITE
Number Children of
Families Number %

NEGRO
Number Children of
Families Number %

15,745 45,361 100.00 8,094 23,244 100.00 7,651 22,117 100.00

2,494* 4.397 9.69

486* 663

2.85 2,008* 3.734 16.88

M AY 1957

TOTAL
Number Children of
Families Number %

WHITE
Number Children of
Families Number %

NEGRO
Number Children of
Families Number %

Total Born Out of Wedlock

15,179 42,964 100.00 3,036* 5,720 13.31

7,969 21,988 100.00 520* 862 3.92

7,210 20,981 100.00 2.516* 4,858 23.15

*Pamilies with one or more children born out of wedlock.

EXHIBIT

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JOURNAL OP THE HOUSE,

REPORT OF THE MANSION SITES COMMISSION

The Mansion Sites Commission was created in the 1960 Session of the General Assembly to hear proposals and to make recommendations to the General Assembly with regard to the leasing of the property known as the Old Governors Mansion Lot with the following member ship:

Jesse Draper, Chairman George L. Smith II, Speaker Charlie Brown, Senator Ben Massell B. E. Thrasher, Jr., State Auditor

By Act of the General Assembly the life of the Commission was extended to February 1, 1962.

The Commission met and duly organized and by official action did cause the Mansion Site property to be advertised for lease beginning June 1, 1972 in newspapers of State-wide circulation and in real estate editions of the Wall Street Journal. On January 4, 1962 the Commission formally conducted a bid opening on proposals for leasing Mansion Sites property and at this bid opening only one proposal was received. The proposal received was made by the J. A. Jones Construction Company, and copies of this proposal are on file with the State Auditor and are available to be examined by members of the General Assembly who are
interested.

Subsequent to the bid opening the present holders of the operating lease for the Henry Grady Hotel have entered a petition for bankruptcy and the holders of the basic lease from the State of Georgia have entered action for receivership. Under these circumstances and because of the interests of the Commission in reaching a recommendation that would provide for immediately renovating and repairing of the property to bring it to first-class condition, it was concluded by the Commission that the best interests of the State at the present time would be served by rejecting the proposal of the J. A. Jones Construction Company, and to make the following recommendations to the General Assembly:
"(1.) That the life of the Commission be extended for one year.
"(2.) That the Commission be empowered to make such addi tional studies as will provide exact information as to the present condition of the Hotel and other properties and the cost of their repair.
"(3.) That the present situation as regards to bankruptcy of the operating company be watched carefully by the Governor and the Attorney General to see that the interests of the State under the present lease are fully protected.
"(4.) That at an early date the State again entertain pro posals for leasing of the property with recommendations to be made by the Commission at the 1963 Session of the General Assembly."

THURSDAY, FEBRUARY 8, 1962

1417

The membership of the Commission express their sincere apprecia tion to the J. A. Jones Construction Company for their most excellent proposal and for their willingness to meet on many occasions with the Commission to discuss various problems, and also thanks to the Governor and Representative Julian Cox for their assistance without which the Commission's work would have been much more difficult.

Respectfully submitted:
Jesse Draper, Chairman, George L. Smith II, Speaker, Charlie Brown, Senator, Ben Massell, B. E. Thrasher, Jr., State Auditor.

The following telegram was received and read:
745P EST PEB 7 62 AP548 PB638 W NF A203 GOVT PD NF WASHINGTON DC 7 702P EST
Hon. George Smith, Speaker of the House of Representatives, State Capitol, Atla
Am greatly honored by the invitation extended by HR 427 to ad dress the General Assembly on Monday. Deeply regret that I have scheduled committee work commencing with witnesses from C.I.A. to morrow through the next week in an effort to get as much of my committee work behind me as possible before Civil Rights measure are brought to the floor. Please thank members of the General Assembly for their invitation and assure them that nothing would afford me more pleasure than to have another opportunity such as I had in January to greet them again with assurances of personal esteem, I am, sincerely
Dick Russell.

By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 795. By Messrs. Walker and Budd of Lowndes, Johnson of Jenkins, and others:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed re strictions applicable to motor vehicles; and for other purposes.

The following Senate amendment was read: Senator Sanders of the 18th moves to amend HB 795 as follows:

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JOURNAL OP THE HOUSE,

Senator Sanders of the 18th moves to amend HB 795 as follows:

By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec.
Sess., p. 556), as amended, is hereby amended by renumbering para graph 3. of Article VI, Section 48, Subsection (b) so that said paragraph as renumbered will be known as paragraph 4.; and by adding new paragraphs to Article VI, Section 48, Subsection (b) to be known as paragraphs 3. and 5. so that when so amended said
Subsection (b) shall read as follows:

"(b.) Where no special hazards exist that require lower speed for compliance with Subsection (a) of this Section the speed of any vehicle not less than or not in excess of the limits specified in this Section or established as hereinafter authorized shall be lawful, but any speed less than or in excess of the limits specified in this Section or established as hereinafter authorized shall be unlawful.
"(1.) Thirty-five miles per hour in any business or residence district;
"(2.) Sixty miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times 50 miles per hour.
"(3.) On all highways which comprise a part of the National System of Interstate and Defense Highways and having not less than four traffic lanes, the minimum speed shall be 40 miles per hour and the maximum speed shall be 70 miles per hour from onehalf hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be 40 miles per hour and the maxi mum speed shall be 65 miles per hour.
"(4.) Where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is less than 10,000 pounds the maximum speed shall not exceed 55 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is between 10,000 and 16,000 pounds the maximum speed shall not exceed 50 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load exceeds 16,000 pounds, the maximum speed shall not exceed 45 miles per hour. This subparagraph shall not apply to busses. Provided that no school bus while transporting school children shall exceed a speed of 40 miles per hour.
"(5.) On all highways which comprise a part of the National System of Interstate and Defense Highways, and having not less than four traffic lanes, where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is less than 10,000 pounds the maximum speed shall not exceed 60 miles per hour; where the total gross combined weight of trucks or trucktractors and trailers and load in pounds is between 10,000 and 16,000 pounds the maximum speed shall not exceed 55 miles per hour; where the total gross combined weight of trucks or truck-

THURSDAY, FEBRUARY 8, 1962

1419

tractors and trailers and load exceeds 16,000 pounds, the maximum speed shall not exceed 50 miles per hour. This subparagraph shall not apply to busses. Provided that no school bus while transporting school children shall exceed a speed of 40 miles per hour."

Mr. Walker of Lowndes moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Andrews of Stephens Ballard Barber Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Chance Clark of Catoosa Cloer Collins Cox Crowe Culpepper Davis Been Dicus Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Flexer Flynt Fowler of Douglas Fowler of Treutlen Funk Hall of Lee

Henderson Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Keadle Killian Killingsworth Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Moate Moorman Morgan Morris Mullis NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham

Poole Potts Rainey Raulerson Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Sangster Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Story Tamplin Taylor of Bibb Teague Todd Tucker Twitty Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach White Wickham Williams of Coffee Williams of Hall Wilson Young

1420

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Abney

Harrell

Adams

Hill

Akins

Hodges

Arnsdorff

Horton

Barnett of Wilkes

Howard

Barnett of Baker

Hull

Barrett

Hurst

Baughman

Johnson

Bowen of Toombs

Jones of Sumter

Brackin

Jordan

Branch

Kelly

Brantley

Keyton

Bynum

Kidd

Chandler

Kimmons

Clarke of Monroe

King

Cocke

Kirkland

Coker

Knight of Laurens

Conner

Lane

Crawford

Langford

Dickey

Lovett

Dorminy

Massee

Doster

McDonald

Fleming

Milhollin

Floyd

Miller

Fordham

Mixon

Fuqua

Moore

Greene

Moss

Hale

Murphy

Hall of Floyd

Farmer

Phillips of Columbia Philips of Walton Phillips of Bibb Pickard Purcell Roberts Ross Scarborough Scoggin Steis Stevens Strickland Stuckey Tabb Taylor of Dawson Taylor of Decatur Thornton Undercofler Underwood of
Montgomery Vaughn Ware Wells of Oconee Wells of Camden Wilkes Willingham Woodward Mr. Speaker

On the motion to agree to the Senate amendment to HB 795 the ayes were 120, nays 0.

The Senate amendment to HB 795 was agreed to.

Mr. Phillips of Bibb asked unanimous consent that the following Bill of the House be recommitted to the Committee on Special Judiciary for further study:

HB 1132. By Messrs. Smith of Emanuel, Steis of Harris and others:
A Bill to be entitled an Act to fix and establish the salary and expense allowances to be paid elective Constitutional officers and other elected and appointed officials of this State; and for other purposes.

The consent was granted and HB 1132 was recommitted to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 8, 1962

1421

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1060. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act which incorporated and granted a new Charter to the City of Covington; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1086. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Waycross Judicial Circuit on a salary, so as to change the compensation of the Solicitor-General; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1087. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Allentown, so as to include the County of Twiggs in the Town Charter; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

1422

JOURNAL OF THE HOUSE,

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

HB 1088. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mclntyre, so as to change the town limits and add new territory; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110. nays 0.

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

HB 1092. By Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to the time of holding Superior Court in the Tallapoosa Judicial Circuit, so as to provide for a change in certain dates therein; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1093. By Black of Webster:
A Bill to be entitled an Act to change the salaries of certain County Commissioners and Clerks of County Commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

THURSDAY, FEBRUARY 8, 1962

1423

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

HB 1094. By Messrs. Gox and Matthews of Clarke:
A Bill to amend an Act entitled "An Act to amend the Charter of the Town of Athens, and the various Acts amendatory thereof", by exercise of 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 ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1107. By Messrs. Brooks, McClelland and Smith of Pulton: A Bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, and the several Acts amendatory thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1095. By Messrs. Brooks, McClelland and Smith of Fulton:
An Act to amend an Act entitled "An Act to create a new Charter for the Town of Palmetto" in Campbell County, and the several Acts amendatory thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

1424

JOURNAL OF THE HOUSE,

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

HB 1096. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend the Voters' Registration Act, so as to repeal Section 4-A of said Act and provide in lieu thereof for places of Registration in any county or municipality owned building in counties having a population of more than 500,000; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1106. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point in Fulton County, and the several Acts amendatory thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1109. By Messrs. Brooks, McClelland and Smith of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point in Fulton County, Georgia, and the several Acts amendatory thereof; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

THURSDAY, FEBRUARY 8, 1962

1425

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

SB 231. By Senator Green of the 44th:
A Bill to be entitled an Act creating the Office of Commissioner of Roads and Revenue for Bade County, so as to provide for payment of traveling expenses; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 958. By Mr. Sangster of Dooley:
A Bill to be entitled an Act to amend Code Section 21-105 of the Code relating to fees paid coroners, as amended, so as to change the com pensation of coroners in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of tha Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1112. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to be entitled an Act to amend Section 92-3701 of the Code of Georgia, 1933, so as to provide that in counties having a certain popula tion, county taxes may be levied and collected for the purposes of providing reserve for public improvements and for depreciation and obsolescence of existing public buildings, etc.; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1426

JOURNAL OF THE HOUSE,

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

HB 1114. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to repeal an Act approved March 20, 1943, creating the DeKalb County Water Works Advisory Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1113. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to create the City of Avondale Estates; to define its limits; to provide a commission form of government; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1117. By Mr. Davis of Wayne:
A Bill to be entitled an Act to amend, revise, supersede and consolidate laws pertaining to governing authority of Wayne County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

THURSDAY, FEBRUARY 8, 1962

1427

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

HB 1035. By Messrs. Smith, Brooks and McClelland of Fulton, Howard, Rutland and Mackay of DeKalb:
A Bill to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1146. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point in Fulton County, Georgia, and the several Acts amendatory thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1111. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to amend an Act to create a system of pensions and retirement pay for officers, deputies and employees of DeKalb County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1428

JOURNAL OF THE HOUSE,

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

SB 228. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927 as amended, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; to repeal conflicting laws; anndrJ -ffof\rv jo"t^hVeiary TpHuTrwpro/isce!tiso.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 240. By Senator Dailey of the llth:
A Bill to be entitled an Act to amend an Act to incorporate the City of Dawson, so as to provide that the Mayor and members of the City Council of the City of Dawson will be eligible to succeed themselves in office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 251. By Senator Towson of the 16th: A Bill to be entitled an Act to provide for the use of voting machines in Laurens County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

THURSDAY, FEBRUARY 8, 1962

1429

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

HB 1123. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Marion County into the one office of Tax Commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1124. By Mr. Barnett of Baker:
A Bill to be entitled an Act to provide for compensation of the Board of Education of certain counties; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1127. By Messrs. Pickard, Dicus and Wickham of Muscogee: A Bill to be entitled an Act to create a Board of Commissioners for Muscogee County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1430

JOURNAL OP THE HOUSE,

HB 1128. By Messrs. Lewis and Tucker of Burke:
A Bill to be entitled an Act to provide a maximum salary for the coroner of Burke County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1130. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the City Court of Elberton in Elbert County; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1118. By Mr. Davis of Wayne:
A Bill to be entitled an Act to amend an Act repealing the Charter for the Town of Screven and reincorporating as a city and changing the name thereof to the "City of Screven"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

THURSDAY, FEBRUARY 8, 1962

1431

HB 1119. By Mr. Stevens of Marion:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1120. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act providing for districting of Charlton County into fire protection districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1122. By Watson of Houston: A Bill to be entitled an Act to amend an Act incorporating the Munici pality of Warner Robins, so as to give the City of Warner Robins authorization to abandon a sewer easement; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1432

JOURNAL OF THE HOUSE,

HB 1134. By Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act incorporating the City of Reidsville, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1135. By Messrs. Twitty and Collins of Mitchell:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Camilla, so as to change the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1150. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to provide the designation of the two repre sentatives of Cherokee County as Position No. 1 and Position No. 2; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

THURSDAY, FEBRUARY 8, 1962

1433

HB 1144. By Steis of Harris:
A Bill to be entitled an Act to amend an Act which provides for the Clerk of the Superior Court of Harris County to be placed on a salary basis, in lieu of a fee basis, so as to change the compensation for clerical help in office of Clerk of Superior Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1141. By Smith of Whitfield:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton as amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1140. By McGarity of Henry:
A Bill to be entitled an Act to amend an Act which chartered the town Locust Grove, so as to change the word "aldermen" to "councilmen" wherever it may appear throughout this Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

1434

JOURNAL OP THE HOUSE,

HB 1139. By McGarity of Henry:
A Bill to be entitled an Act to amend an Act which chartered the town of Locust Grove, so as to change the corporate limits of said town; to provide for a referendum; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1138. By McGarity of Henry:
A Bill to be entitled an Act incorporating the Town of Hampton in the County of Henry, as amended so as to authorize assessments against abutting property owners for laying sewer lines; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1131. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Wrightsville, so as to change the qualifications for office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

THURSDAY, FEBRUARY 8, 1962

1435

HB 896. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to amend an Act relating to fishing on the Sabbath, so as to except certain counties; and for other purposes.

The following amendment was read and adopted:
Raulerson of Echols moves to amend HB 896 as follows:
By adding in the matter quoted as Section 1A after the figure "10,150" as it appears in Section 1 of said Bill, the words "and not less than 500 nor more than 2,000".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1137. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to create a new Charter for the City of Quitman; and for other purposes.

The following committee amendment was read and adopted:
Amend subsection (c) of Section 17 by inserting after the words "removal of any poles or wires" in line 4 the following:
"which have become a nuisance and interfere with traffic or travel on the streets,"

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, as amended, the ayes were 110, nays, 0.

The Bill, having received the requisite constitutional majority, was passsd, as amended.

1436

JOURNAL OF THE HOUSE,

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 1133. By Messrs. Pannell of Murray, Smith of Grady and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act", so as to provide an appropriation for the Budget Bureau; and for other purposes.

The Speaker resolved the House into a Committee of the Whole, designating Mr. Scoggin of Floyd as Chairman thereof, for the purpose of considering HB 1133.

The Committee of the Whole arose and through its Chairman reported HB 1133 back to the House with the recommendation that it Do Pass.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Ballard Barber Barnett of Wilkes Baughman Black Blalock Bowen of Toombs Boyett Bozeman Brackin Branch Brantley
Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee

Chance Chandler Clark of Catoosa Cloer Coker Cox Crawford Crowe Culpepper Davis Duncan of Fannin Flexer Flynt Fordham Fowler of Treutlen Funk
Hale Hall of Floyd Harrell Henderson Hurst

Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson
Lokey Lovett Lowrey Mackay Massee

THURSDAY, FEBRUARY 8, 1962

1437

Matthews of Clarke McClelland McCracken McCutchen Melton Milhollin Moore Moorman Morris Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton

Phillips of Walton Phillips of Bibb Poole Rainey Roberts Rodgers of Charlton Ross Rutland Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield

Steis Taylor of Bibb Teague Thornton Todd Tucker Undercofler Underwood of
Montgomery Vaughn Waldrop Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson

Those not voting were Messrs. :

Andrews of Stephens Arnsdorff Barnett of Baker Barrett Birdsong Boggs Bolton Bowen of Randolph Bynum Caldwell Clarke of Monroe Cocke Collins Conner Been Dickey Dicus Dollar Dorminy Doster Duncan of Carroll Dunn Echols Fitzgerald Fleming Floyd Fowler of Douglas Fuqua Greene

Hall of Lee Hill Hodges Horton Howard Hull Johnson Jones of Liberty Jordan Keadle Kelly Keyton Kimmons Lewis of Burke Loggins Matthews of Colquitt McDonald McGarity Miller Mixon Moate Morgan Moss Mullis Newton Parker of Ware Pelham Phillips of Columbia Pickard

Potts Purcell Raulerson Rogers of Paulding Roper Rowland Sangster Scarborough Simmons Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Decatur Twitty Underwood of Taylor Walker of Lowndes Walker of Telfair Ware Watson Wells of Camden White Woodward Young Mr. Speaker

On the passage of the Bill, the ayes were 119, nays 0.

1438

JOURNAL OF THE HOUSE,

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

HR 544-1049. By Mr. Parker of Ware:
A Resolution creating a Committee to study youth; and for other pur poses.

The following Committee amendment was read and adopted:
Rules Committee moves to amend HR 544 as follows:
By adding a new sentence at the end of said Resolution to read as follows:
"The committee shall have ten (10) days each member for the purpose of carrying' out the terms of this Resolution."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Adams Andrews of Hall Ballard Barber Barnett of Wilkes Barrett Baughman Black Blalock Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum

Chance Chandler Clark of Catoosa Cloer Coker Cox Crowe Culpepper Echols Flexer Fordham Hale Hall of Floyd Harrell Henderson Horton Hurst Joiner Jones of Worth Jones of Sumter Keadle Kidd

Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen Melton Moore

THURSDAY, FEBRUARY 8, 1962

1439

Moorman Morris Moss Murphy Odom Otwell Pannell Paris Parker of Appling Payton Phillips of Walton Phillips of Bibb Potts Rainey Roberts

Ross Rutland Sangster Scoggin Sheffield Shuman Simmons Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham Steis Tamplin Taylor of Bibb

Teague Thornton Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Ware Wells of Peach Wells of Oconee White Wickham Williams of Hall Willingham Wilson

Those not voting were Messrs. :

Akins Andrews of Stephens Arnsdorff Barnett of Baker Birdsong Boggs Bolton Bowen of Toombs Caldwell Clarke of Monroe Cocke Collins Conner Crawford Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Dunean of Carroll Dunn Fitzgerald Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Fuqua

Greene Hall of Lee Hill Hodges Howard Hull Johnson Jones of Liberty Jones of Lumpkin Jordan Kelly Keyton Kimmons Lewis of Burke Loggins Matthews of Colquitt McDonald McGarity Milhollin Miller Mixon Moate Morgan Mullis NeSmith Newton Parker of Screven Parker of Ware Farmer Pelham Phillips of Columbia Pickard

Poole Purcell Raulerson Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Simpson Smith of Brantley Smith of Whitfield Stevens Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Decatur Todd Tucker Twitty Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Camden Wilkes Williams of Coffee Woodward Young Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 110, nays 0.

1440

JOURNAL OP THE HOUSE,

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

HB 808. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend contingent section of the "General Appropriations Act", so as to provide an appropriation for the Ty Cobb Baseball Memorial Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Ballard Barber Barnett of Wilkes Baughman Birdsong Black Blalock Bowen of Randolph Boyett Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cox Crawford Crowe Echols Flexer Fordham Fowler of Douglas

Funk Greene Hale Hall of Floyd Harrell Henderson Howard Joiner Jones of Worth Jones of Sumter Keadle Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lewis of Wilkinson Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen Melton Milhollin Moore

Moorman Morris Murphy NeSmith Odom Otwell Pannell Paris Parker of Appling Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Potts Purcell Rainey Roberts Ross Rutland Sangster Scoggin Simpson Smith of Grady Smith of Habersham Smith of Whitfield Steis Stuckey Tamplin Taylor of Bibb Teague Thornton

THURSDAY, FEBRUARY 8, 1962

1441

Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor

Vaughn Waldrop Ware Wells of Peach Wells of Oconee White

Wilkes Williams of Coffee Willingham Wilson

Those not voting were Messrs. :

Abney Andrews of Stephens Andrews of Hall Arnsdorff Barnett of Baker Barrett Boggs Bolton Bowen of Toombs Bozeman Caldwell Cocke Coker Collins Conner Culpepper Da vis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Floyd Flynt Fowler of Treutlen Fuqua

Hall of Lee Hill Hodges Horton Hull Hurst Johnson Jones of Liberty Jones of Lumpkin Jordan Kelly Keyton Kimmons Langford Lee of Clinch Lee of Clayton Lewis of Burke Loggins Matthews of Colquitt McDonald McGarity Miller Mixon Moate Morgan Moss Mullis Newton Parker of Screven Parker of Ware Pelham Pickard

Poole Raulerson Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Sheffield Shuman Simmons Sinclair Singer Smith of Brantley Smith of Pulton Stevens Story Strickland Tabb Taylor of Dawson Taylor of Decatur Tucker Walker of Lowndes Walker of Telfair Watson Wells of Camden Wickham Williams of Hall Woodward Young Mr. Speaker

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 909. By Messrs. Story of Gwinnett, Matthews of Clarke, and others:
A Bill to be entitled an Act to amend Code Section 49-204, so as to pro vide that service shall not be necessary under certain circumstances; and for other purposes.

1442

JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:

The House Judiciary Committee moves to amend HB 909 as follows:

By inserting in Section 1 after the words "operated by the State of Georgia", the following: "or any other State of these United States"; and

By striking from Section 1 the following:

"Nor shall it be necessary to serve the ward if he is physically residing or confined, either temporarily or permanently, outside the territorial limits of the State of Georgia, or is temporarily sojourning outside of the territorial limits of the State of Georgia".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Ballard Barber Barnett of Wilkes Baughman Birdsong Black Blalock Boggs Boyett Branch Brooks of Oglethorpe Brown Budd Busbee Chance Clark of Catoosa Clarke of Monroe Cloer Coker Cox Echols Plexer Floyd

Flynt Fordham Funk Hale Hall of Floyd Harrell Henderson Horton Howard Joiner Jones of Worth Keadle Killian Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lokey Lovett Lowrey Mackay Massee Matthews of Clarke

McClelland McCracken McCutchen Melton Moore Moorman Morris Moss Murphy NeSmith Odom Otwell Pannell Paris Parker of Appling Farmer Phillips of Columbia Phillips of Bibb Poole Purcell Rainey Roberts Ross Rowland Rutland Sangster Scoggin

THURSDAY, FEBRUARY 8, 1962

1443

Sheffield Shuman Simmons Simpson Smith of Grady Smith of Fulton Steis Stuckey Tabb

Taylor of Bibb Teague Thornton Todd Twitty Underwood of
Montgomery Underwood of Taylor Vaughn

Waldrop Ware Wells of Oconee White Wilkes Williams of Hall Willingham Wilson

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Barnett of Baker Barrett Bolton Bowen of Randolph Bowen of Toombs Bozeman Brackin Brantley Brooks of Fulton Bynum Caldwell Chandler Cocke Collins Conner Crawford Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fowler of Douglas

Fowler of Treutlen

Fuqua

Greene

Hall of Lee

Hill

Hodges

Hull

Hurst

Johnson

Jones of Liberty

Jones of Lumpkin

Jones of Sumter

Jordan

Kelly

Keyton

Kidd

Killingsworth

Kimmons

King

Lewis of Burke

Loggins

Matthews of Colquitt

McDonald

McGarity

Milhollin

Miller

Mixon

l

Moate

Morgan

Mullis

Newton

Parker of Screven

Parker of Ware

Payton Pelham Phillips of Walton
Pickard Potts Raulerson Rodgers of Charlton Rogers of Paulding
Roper Scarborough Sinclair Singer Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Story Strickland Tamplin Taylor of Dawson Taylor of Decatur Tucker Undercofler Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Camden Wickham Williams of Coffee Woodward Young Mr. Speaker

On the passage of the Bill, as amended, the ayes were 106, nays 0.

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

1444

JOURNAL OF THE HOUSE,

HB 921. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A Bill to be entitled an Act to provide for grants to municipalities to aid in the construction and maintenance of streets; and for other pur poses.

The following- amendment was read and adopted:

Br. Brooks of Oglethorpe moves to amend HB 921 as follows:

By adding at the end of section 2 thereof a new sentence to read as follows:

"Provided, that no incorporated municipality shall receive less than 5/10,000 of the total amount available for distribution under this Act at any given time."

The following amendment was read:
Mr. Andrews of Hall moves to amend HB 921 as follows:
By adding a subsection to Section 5 to be known as Section 5a and 5b as follows:
"5a. When it is determined by the Executive Department of Georgia that any municipality receiving any grant under and by virtue of this Act is operating a "speed trap", the Governor by executive order, may suspend and/or revoke any benefit or grant designated to said municipality."
"5b. The term "speed trap" is defined as any activity by traffic enforcement officers of a municipality which shall be for the pri mary purpose of collecting revenue rather than for the primary purpose of regulating the use of the streets and highways within said municipality."

On the adoption of the amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Barber Barrett Black Bowen of Randolph

Bozeman Brackin Branch Brantley Brooks of Pulton Budd Bynum Chandler

Cloer Coker Dicus Duncan of Carroll Dunn Fleming Fordham Funk

THURSDAY, FEBRUARY 8, 1962

1445

Fuqua Horton Hull Hurst Joiner Jones of Worth Kidd Killian Killingsworth King Kirkland Knight of Laurens Lane Lovett Matthews of Colquitt McClelland McCutchen

McDonald
Moore Morgan Morris Newton Odom Otwell Paris Phillips of Columbia Phillips of Bibb Poole Roberts Rodgers of Charlton Rogers of Paulding
Ross Simmons Smith of Brantley

Smith of Fulton Smith of Habersham Taylor of Dawson Taylor of Bibb Teague Thornton Undercofler Underwood of
Montgomery Walker of Lowndes Walker of Telfair
Ware Watson Wickham Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Arnsdorff Ballard Bolton Brooks of Oglethorpe Brown Caldwell Clarke of Monroe Cocke Cox Crawford Culpepper Echols Fitzgerald Floyd Hale Harrell Henderson Jones of Liberty

Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lowrey Mackay Matthews of Clarke McGarity Melton Moorman Moss NeSmith Parker of Appling Farmer Pelham Phillips of Walton Potts Raulerson

Rutland Sangster Scoggin Sheffield Shuman Sinclair Steis Story Tabb Tucker Twitty Waldrop Wells of Peach Wells of Oconee White Wilkes

Those not voting were Messrs.:

Andrews of Stephens Barnett of Wilkes Barnett of Baker Baughman Birdsong Blalock Boggs Bowen of Toombs Boyett Busbee Chance

Clark of Catoosa Collins Conner Crowe Davis Been Dickey Dollar Dorminy Doster Duncan of Fannin

Flexer Flynt Fowler of Douglas Fowler of Treutlen Greene Hall of Lee Hall of Floyd Hill Hodges Howard Johnson

1446

JOURNAL OF THE HOUSE,

Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kimmons Knight of Berrien Langford Lee of Clayton Lokey Massee McCracken Milhollin Miller Mixon

Moate Mullis Murphy Pannell Parker of Screven Parker of Ware Payton Pickard Purcell Rainey Roper Rowland Scarborough Simpson Singer Smith of Grady

Smith of Whitfield Stevens Strickland Stuckey Tamplin Taylor of Decatur Todd Underwood of Taylor Vaughn Wells of Camden Williams of Coffee Woodward Young Mr. Speaker

On the adoption of the amendment the ayes were 74, nays 52.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Bowen of Randolph Boyett Bozeman

Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Cox

Crawford Culpepper Davis Dicus Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Funk Fuqua Hale Hall of Floyd Harrell Henderson

THURSDAY, FEBRUARY 8, 1962

1447

Horton Hull Hurst Joiner Jones of Liberty Jones of Worth Kelly Kidd Killian Killings-worth King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCutchen McGarity Melton Milhollin Moore Moorman

Morgan Morris Moss Murphy NeSmith Newton Odom Otwell Paris Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair

Smith of Brantley Smith of Habersham Smith of Whitfield Steis Story Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Hall Willingham Wilson Woodward

Those not voting were Messrs.:

Arnsdorff Boggs Bowen of Toombs Collins Conner Crowe Been Dickey Dollar Dorminy Doster Duncan of Fannin Flynt Fowler of Douglas Fowler of Treutlen Greene Hall of Lee Hill Hodges

Howard Johnson Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kimmons Lovett Massee McCracken McDonald Miller Mixon Moate Mullis Pannell Parker of Screven Parker of Ware

Pickard Rodgers of Charlton Roper Scarborough Singer Smith of Grady Smith of Fulton Stevens Strickland Taylor of Decatur Todd Undercofler Wells of Camden White Williams of Coffee Young Mr. Speaker

1448

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 150, nays 0.

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

The hour of convening having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing a mes sage from General Hershey of the Selective Service.

The President of the Senate called the Joint Session to order.

The Clerk read HR 609 providing for the Joint Session.

Accompanied by the Committee of Escort and other distinguished guests, Governor Vandiver and General Hershey appeared upon the floor of the House.

Lieutenant Garland Byrd in presenting Governor Vandiver made a few introductory remarks.

Governor Ernest Vandiver delivered the following address in introducing General Hershey:
LT. GOVERNOR BYRD, SPEAKER SMITH, MEMBERS OF THE GENERAL ASSEMBLY, AND FELLOW GEORGIANS:
Each of you are familiar with my stand for a strong National Guard organization . . . not only to deter attack, but to have the capa bility, should the deterrent fail, to survive, to recover and to retaliate.
The Army National Guard and the Air National Guard have played a vital role on our national defense team, as the ready reserve on the home front, always alert for a call to duty in the defense of our coun try, or in the event of civil disorder or natural disaster.
But the real effectiveness of the National Guard has always de pended upon the strength and proper organization of the regular units.
Without strong, well-trained and well-organized regular ground and air units, and a steady flow of human material to fill the ranks, the effectiveness of the National Guard would be greatly diminished.
Our nation's military experts have come to recognize, largely be cause of the efforts of our speaker this morning, that the constant flow

THURSDAY, FEBRUARY 8, 1962

1449

of men for the regular units is dependent upon a functioning and wellplanned selective service system.

Our speaker has constantly reminded Congress of the tragic experi ences in manpower procurement endured by both the North and South during the War Between the States because of a disgracefully ineffec tive draft system.

Our speaker succeeded in keeping the Selective Service System alive during the almost fatal demobilization movement after World War II, and just prior to the Korean conflict.

He has consistently fought to protect the principle of autonomy embraced in the local boards of selective service. He has maintained that no democratic and fair system of manpower procurement can be operated unless its roots are firmly grounded in the individual com munities.

And he has never veered from that conviction, exemplified by his oft-repeated declaration that a registrant's friends and neighbors are far better qualified to decide on his fitness for military service than a centralized authority with autocratic power.

My friends, our speaker has a long and honored career with the Selective Service System, extending since 1936, when he became Secreetary and Executive Officer of the joint Army and Navy Selective Serv ice Committee under the National Defense Act.

His service to his nation has been repeatedly recognized through the presentation to him of Distinguished Service Medals from the Army and Navy, and from veterans organizations.

His country will long be in his debt.

It is my pleasure to present to you, Lieutenant General Lewis Blaine Hershey, Director, of the Selective Service System . . .

General Hershey . . .

General Hershey addressed the Assembly in well chosen words.

Senator Overby of the 33rd moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The House was called to order by the Speaker.

1450

JOURNAL OF THE HOUSE,

Under the General Order established by the Committee on Rules, the follow ing Bills and Resolutions of the House and Senate were taken up for considera tion and read the third time:

HB 861. By Messrs. Caldwell of Upson, Ware of Troup, and others:
A Bill to be entitled an Act to amend an Act providing for the defini tion of certain words used concerning the regulation of motor common carriers, so as to define "for hire"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Barber Birdsong Blalock Brackin Brooks of Fulton Brown Caldwell Cox Echols Fleming Flexer Floyd Fowler of Douglas Hale Harrell Henderson Joiner Keadle Killian Kirkland Langford Lee of Clayton

Lewis of Wilkinson Loggins Lowrey Mackay Matthews of Clarke McClelland McCracken McCutchen Melton Milhollin Moate Moore Moorman Morgan Moss Paris Parker of Screven Parker of Ware Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb

Poole Kaulerson Rodgers of Charlton Rowland Rutland Scoggin Sheffield Simpson Smith of Fulton Smith of Whitfield Steis Story Taylor of Bibb Teague Thornton Twitty Undercofler Underwood of
Montgomery Walker of Lowndes Ware Wells of Peach Wilkes

Those voting in the negative were Messrs.:

Abney Adams Andrews of Hall Barnett of Wilkes

Barrett Black Branch Bynum

Chandler Clarke of Monroe Cloer Crawford

THURSDAY, FEBRUARY 8, 1962

1451

Culpepper Dunn Fitzgerald Horton Hull Jones of Liberty Jones of Worth Kelly Kidd

Knight of Laurens Lovett McGarity Morris Murphy NeSmith Odom Purcell Ross

Simmons Sinclair Smith of Habershar Tabb Tucker Underwood of Taylc Williams of Hall Wilson Woodward

Those not voting were Messrs. :

Andrews of Stephens Arnsdorff Ballard Barnett of Baker Baughman Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Budd Busbee Chance Clark of Catoosa Cocke Coker Collins Conner
Crowe Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Flynt Fordham

Fowler of Treutlen Funk Fuqua Greene Hall of Lee Hall of Floyd Hill Hodges Howard Hurst Johnson Jones of Lumpkin Jones of Sumter Jordan Keyton Killingsworth Kimmons King Knight of Berrien Lane Lee of Clinch Lewis of Burke Lokey Massee Matthews of Colquitt McDonald Miller Mixon Mullis Newton Otwell Pannell Parker of Appling

Pelham Pickard Potts Rainey Roberts Rogers of Paulding
Roper Sangster Scarborough Shuman Singer Smith of Grady Smith of Brantley Stevens Strickland
Stuckey Tamplin Taylor of Dawson Taylor of Decatur Todd Vaughn Waldrop Walker of Telfair
Watson Wells of Oconee Wells of Camden White Wickham Williams of Coffee Willingham Young Mr. Speaker

On the passage of the Bill, the ayes were 68, nays 39.

The Bill, having failed to receive the requisite constitutional majority, was lost.

1452

JOURNAL OF THE HOUSE,

Mr. Caldweli of Upson served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 861 the requisite consti tutional majority.

HB 867. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend Code Sec. 59-108 to provide an option to the grand jury of each county to permit the selection from the same jury box of all traverse jurors in all courts designated by the grand jury, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 846. By Messrs. Scoggin of Floyd, Williams of Hall and others: A Bill to be entitled an Act to amend Section 105-2012 of the Code of Georgia of 1933, which provides for the right of contribution among several trespassers so as to provide for the right of contribution were the several trespassers are not jointly sued, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 7,
The Bill, having received the requisite constitutional majority, was passed.

HE 389-793. By Messrs. Fleming, Hull, and Fuqua of Richmond::
A RESOLUTION
Proposing an amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and redevelopment pro-

THURSDAY, FEBRUARY 8, 1962

1453

gram; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article XVI of the Constitution, relating to slum clearance and redevelopment programs for cities, towns, and housing authorities is hereby amended by inserting in the first sentence of said Article after the word "established", the words "or any county", so that when so amended, said Article shall read as follows:

"The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and redevelop ment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in fur therance thereof."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and redevelopment program.

"Against ratification of amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and redevelopment program."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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

1454

JOURNAL OF THE HOUSE,

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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brown Budd Bynum Caldwell Chance Chandler Cloer Cocke Coker Conner Crawford Culpepper Davis Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fleming

Flexer Floyd Fowler of Douglas Funk Fuqua Hale Hall of Lee Henderson Hill Horton Howard Hull Hurst Joiner Jones of Liberty Jones of Worth Keadle Kelly Kidd Killian Killingsworth King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Mackay Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald

McGarity Milhollin Miller Mixon Moate Moorman Morgan Morris
Moss Mullis
Murphy NeSmith Newton Odom Otwell Pannell
Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Purcell Rainey Raulerson Rogers of Paulding Rowland Rutland
Scarborough Sheffield
Simmons Simpson Sinclair Singer Smith of Grady

THURSDAY, FEBRUARY 8, 1962

1455

Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Story Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague

Thornton Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson

Wells of Columbia Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Arnsdorff Ballard
Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Fulton Busbee Clark of Catoosa Clarke of Monroe Collins Cox Crowe Been Dicus Doster Fitzgerald Flynt

Fordham Fowler of Treutlen Greene Hall of Floyd Harrell Hodges Johnson Jones of Lumpkin Jones of Sumter Jordan Keyton Kimmons Knight of Laurens Lane Lowrey Massee McClelland Melton Moore Payton

Phillips of Walton Pickard Potts Roberts Rodgers of Charlton Roper Ross Sangster Scoggin Shuman Smith of Fulton Steis Strickland Taylor of Decatur Todd Underwood of
Montgomery Wells of Camden Mr. Speaker

On the adoption of the Resolution, the ayes were 147, nays 0.

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

HR 545-1049. By Messrs. Barber of Jackson and Williams of Hall:
A Resolution authorizing the transfer of certain real property located in Hall County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1456

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Chance Chandler Cloer
Cox
Crawford Culpepper Davis Deen Dicus Dollar Dorminy Duncan of Fannin Dunn Echols Fleming Flexer Fordham Fowler of Douglas Fowler of Treutlen Funk Hale

Hall of Lee Harrell Henderson Hill Howard Hull
Hurst Joiner Jones of Liberty Jones of Worth Jones of Sumter Keadle Kelly Kidd Killian Killingsworth King Kirkland Knight of Laurens Langford Lee of Clinch Lee of Clayton Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCutchen McGarity Milhollin Miller Mixon Moorman Morgan Morris Newton Odom Paris Parker of Ware

Parker of Appling Payton Pelham Phillips of Walton Phillips of Bibb Poole Rainey Raulerson Roberts Roper Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Taylor of Dawson Taylor of Bibb Teague Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Ware Watson Wells of Peach White Williams of Coffee Williams of Hall Wilson Woodward

Those not voting were Messrs.:

Adams Ballard Barnett of Baker

Barrett Baughman

Bolton Brackin Brooks of Fulton

THURSDAY, FEBRUARY 8, 1962

1457

Caldwell Clark of Catoosa Clarke of Monroe Cocke Coker Coiling Conner Crowe Dickey Doster Duncan of Carroll Fitzgerald Floyd Flynt Fuqua Greene Hall of Floyd Hodges
Horton Johnson Jones of Lumpkin Jordan Keyton Kimmons

Knight of Berrien Lane Lewis of Wilkinson Massee McClelland McCracken McDonald Melton Moate Moore Moss Mullis Murphy NeSmith Otwell Pannell Parker of Screven Farmer
Phillips of Columbia Pickard Potts Purcell Rodgers of Charlton Rogers of Paulding

Ross Scarborough Simpson Singer Smith of Fulton Stevens Tabb Tamplin Taylor of Decatur Thornton Todd Tucker Twitty Waldrop Walker of Lowndes Walker of Telfair Wells of Oconee Wells of Camden
Wickham Wilkes Willingham Young Mr. Speaker

On the adoption of the Resolution, the ayes were 125, nays 0.

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

HR 412-852. By Mr. Bowen of Toombs: A Resolution to compensate J. C. Taylor; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 412-852 by inserting the figure $3,319.50 wherever the figure $9,819.50 appears.

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, as amended, the ayes were 124, nays 0.

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

1458

JOURNAL OF THE HOUSE,

HR 567-1101. By Mr. Clarke of Catoosa: A Resolution compensating John Russell Allison; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 567-1101 by inserting the figure $150.00 wherever the figure $220.24 appears.

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, as amended, the ayes were 124, nays 0.

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

HR 347-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Henry A. Pendley; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

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

HR 94-269. By Messrs. Andrews and Williams of Hall:
A Resolution compensating Ernest Paul Rundles; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

THURSDAY, FEBRUARY 8, 1962

1459

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

HR 362-755. By Mr. Harrell of Fayette: A Resolution compensating Mrs. Jim Pollard; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

The Resolution, having received the requisite constitutional majority, was

adopted.

:

HR 402-822. By Mr. Otwell of Forsyth: A Resolution to compensate Melvin Hubbard; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

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

HR 110-291. By Mr. Jones of Lumpkin: A Resolution to compensate Wanda Jones; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

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

1460

JOURNAL OF THE HOUSE,

HR 212-642. By Smith of Grady:
A Resolution to compensate Hall & Sons Milling Company, Inc.; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

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

HR 452-918. By Mr. Kirkland of Tattnall:
A Resolution authorizing compensation to the Georgia Cigar and Tobacco Company; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

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

HR 462-922. By Mr. Teague of Cobb: A Resolution to compensate Alien J. Faulkner; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 8, 1962

1461

HR 407-832. By Mr. Williams of Hall: A Resolution compensating Mr. W. 0. Reed, Jr.; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 129-383. By Mr. Sheffield of Brooks: A Resolution to compensate Reverend E. K. Rice; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

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

HR 468-927. By Mr. Dicus of Muscogee:
A Resolution to compensate Mr. Wise C. Gunnels; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

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

HR 333-727. By Mr. Keadle of Lamar:

1462

JOURNAL OP THE HOUSE,

A Resolution to compensate Dr. Ben Ingram; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 287-704. By Messrs. Duncan and Waldrop of Carroll: A Resolution compensating Fred Dial for damages to his automobile caused by a State Highway Department truck backing into it; and for other purposes.

The report of the Committee which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 124, nays 0.

The Resolution having received the requisite constitutional majority, was adopted.
HR 348-735. By Mr. McClelland of Fulton: A Resolution compensating Mr. R. P. Packard; and for other purposes.
The following committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 348-375 by
inserting the figures $1120.45 wherever the figure seventy-five hundred ($7500.00) appears.

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, as amended, the ayes were 124, nays 0.

THURSDAY, FEBRUARY 8, 1962

1463

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

HR 192-599. By Mr. Odom of Dougherty: A Resolution to compensate Mr. James W. Wood and Mrs. Vierra Wood; and for other purposes.
The following Committee amendment was read and adopted:
The Committee of the House on Appropriations moves to amend
HR 192-599 as follows:
By striking by said Resolution the words and figures "ten thousand ($10,000.00) dollars" and inserting in lieu thereof the words and figures "one thousand ($1,000.00) dollars."

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, as amended, the ayes were 124, nays 0.

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

HR 346-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Barnard Smith and Mrs. Blanche Carpenter; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 346-735 by inserting the figure $118.00 wherever the figure $243.00 appears.

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, as amended, the ayes were 124, nays 0.

1464

JOURNAL OF THE HOUSE,

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

HR 413-852. By Mr. Bowen of Toombs:
A Resolution to compensate John Lewis Taylor and Amy Taylor; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 413-852 by inserting the figure $34.00 wherever the figure $134.00 appears.

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, as amended, the ayes were 124, nays 0.

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

HR 414-852. By Mr. Bowen of Toombs: A Resolution to compensate Tommy Lee Taylor; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 414-852 by inserting the figure $6,974.45 wherever the figure $18,474.45 appears.

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, as amended, the ayes were 124, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted as amended.
The Speaker announced the House recessed until 1:30 p. m.

THURSDAY, FEBRUARY 8, 1962

1465

AFTERNOON SESSION

The Speaker called the House to order.

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 1061. By Messrs. Pannell of Murray, McGarity of Henry, and others:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the clerks of the superior courts of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of 'Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke

Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey Duncan of Fannin Duncan of Carroll Echols Fleming Flexer Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Howard Hull Joiner Jones of Liberty Kelly Killian

Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McCutchen McGarity Melton Milhollin Mixon Moore Moorman Morgan Mullis Murphy NeSmith Newton

1466

JOURNAL OP THE HOUSE,

Odom Otwell Pannell
Paris Parker of Screven
Parker of Ware Parker of Appling Payton
Phillips of Bibb Poole Potts Purcell Raulerson Rodgers of Charlton
Rowland Sangster Scarborough

Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Pulton Smith of Habersham
Steis Story Stuckey Tamplin Taylor of Dawson Teague Twitty Undercofler Underwood of

Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee
Wells of Camden White Williams of Coffee Willingham Wilson

Those not voting were Messrs.:

Abney Arnsdorff Barnett of Baker
Boggs Bolton Bowen of Randolph Bowen of Toombs Brackin Budd Bynum Chandler Coker Dicus Dollar Dorminy Doster Dunn Fitzgerald Ployd Flynt Pordham Fowler of Douglas
Fowler of Treutlen Funk
Fuqua Hill Hodges

Horton Hurst Johnson Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Kidd Killingsworth Kimmons King Knight of Laurens Lane Lovett Massee Matthews of Colquitt McDonald Miller Moate Morris Moss Farmer Pelham Phillips of Columbia Phillips of Walton

Pickard Rainey
Roberts Rogers of Paulding Roper
Ross Rutland Simmons
Singer Smith of Brantley Smith of Whitfield
Stevens Strickland
Tabb Taylor of Decatur
Taylor of Bibb Thornton
Todd Tucker Wickharn Wilkes Williams of Hall Woodward Young Mr. Speaker

On the passage of the Bill, the ayes were 126, nays 0.

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

THURSDAY, FEBRUARY 8, 1962

1467

Mr. Jones of Liberty stated that he inadvertently voted "Aye" and would like to be recorded as voting "no".

HB 810. By Mr. Busbee of Dougherty:
A Bill to provide that when income from an estate or trust is actually used for a person's support, the legal obligation of persons having a legal obligation to support is reduced to that extent; and for other purposes.

The report of the Committee which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Barber Barnett of Wilkes Barrett Baughman Black Blalock Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd
Busbee Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Coker Collins Cox Crawford Crowe Culpepper

Davis Deen Dickey Dollar Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Flynt Fuqua Greene Hall of Lee Harrell Henderson Horton
Howard Joiner Jones of Liberty Jones of Lumpkin Kelly Killian King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins

Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen Melton Miller Mixon Moorman Morgan Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Phillips of Bibb Poole Rainey Raulerson Rodgers of Charlton Rogers of Paulding Ross Rowland

1468
Scoggin Shuman Simmons Simpson Sinclair Smith of Pulton Steis Story Strickland Tamplin

JOURNAL OP THE HOUSE,
Teague Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair

Ware Watson Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Willingham Woodward Young

Those not voting were Messrs.:

Arnsdorff Ballard
Barnett of Baker Birdsong Boggs Bolton Bowen of Randolph Bowen of Toombs Brackin Chandler Cocke Conner Dicus Dorminy Doster Duncan of Carroll Floyd Fordham Fowler of Douglas Fowler of Treutlen Funk Hale Hall of Floyd Hill Hodges Hull Hurst

Johnson Jones of Worth Jones of Sumter Jordan Keadle Keyton Kidd Killingsworth Kimmons Knight of Laurens Lane Lovett McCracken McDonald McGarity Milhollin Moate Moore Morris Moss Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard Potts

Purcell Roberts Roper Rutland Sangster Scarborough Sheffield Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Stuckey Tabb Taylor of Dawson Taylor of Decatur Taylor of Bibb Thornton Todd Vaughn Wells of Camden White Wickham Wilkes Wilson Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 0.

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

HB 735. By Mr. Echols of Upson:
A Bill to be entitled an Act to amend an Act known as "the General Tax Act"; and for other purposes.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 8, 1962

1469

A BILL

To be entitled an Act to amend an Act known as "The General Tax Act", approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 734), so as to remove the provisions as to tax upon dealers in pistols, rifles and center-fire cartridges; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

SECTION 1
An Act known as "The General Tax Act", approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 734), is hereby amended by striking and repealing in its entirety Paragraph 85 of Section 2 which reads as follows:
"Paragraph 85. Pistols. Upon each and every dealer in pistols or who deals in center-fire pistol cartridges, dirks, bowie-knives, or metal knucks, for each place of business in this State, in or near towns or cities of 2,500 population or less $15.00; in or near cities of over 2,500 population, and less than 10,000, $25.00; in or near cities of 10,000 population or less than 50,000, $50.00; in or near cities of 50,000 and above, $100.00.
"Provided, further, that no person shall be exempt from pay ment of this tax. Provided further that the word 'near' as used in this section or paragraph shall be and is defined to mean within a radius of three (3) miles of the incorporated limits of said town or city referred to in this section.
"(a) Upon each and every dealer in rifles and center-fire rifle cartridges, for each place of business in this State in cities over 200,000 inhabitants, $20.00; in cities from $75,000 to 20,000, $15.00; in cities from 40,000 to 75,000, $10; in towns and cities over 40,000, $5.00. Provided that any dealer located within a radius of three (3) miles of the incorporated limits of any of said towns or cities shall take the same rate of taxation as the town or city located nearest said dealer. There shall be no tax upon dealers in rim-fire cartridges only."

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1470

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Boggs Boyett Bozeman Branch Brantley Brown Busbee Bynum Caldwell Chance Clarke of Monroe Cloer Cocke Collins Crowe Davis Deen Dickey Dollar Duncan of Pannin Duncan of Carroll Echols Fitzgerald Flexer Fowler of Treutlen Greene Hall of Lee Harrell Henderson

Hill Howard Hull Jones of Liberty Jones of Worth Jones of Lumpkin Keadle Killian Killingsworth
King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Burke Lokey Mackay Massee Matthews of Clarke Matthews of Colquitt
McCracken McCutchen Melton Milhollin Miller Mixon Moate Moorman Morgan Mullis NeSmith Newton Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton

Phillips of Bibb Pickard Poole Potts Purcell Raulerson Rogers of Paulding Ross Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Steis Story Strickland Stuckey Taylor of Bibb Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery
Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach White
Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.:

Horton Joiner Loggins

Lowrey Murphy Odom

Rowland Underwood of Taylor Wells of Oconee

THURSDAY, FEBRUARY 8, 1962

1471

Those not voting were Messrs.:

Adams Andrews of Hall Arnsdorff Ballard Barnett of Baker Bolton Bowen of Randolph Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Budd Chandler Clark of Catoosa Coker Conner Cox Crawford Culpepper Dicus Dorminy Doster Dunn Fleming Floyd Flynt Fordham

Fowler of Douglas Funk Fuqua Hale Hall of Floyd Hodges Hurst Johnson Jones of Sumter Jordan Kelly Keyton Kidd Kimmons Knight of Laurens Lane Lewis Lovett McClelland McDonald McGarity Moore Morris Moss Otwell Pannell Pelham

Phillips of Columbia Phillips of Walton Rainey Roberts Rodgers of Charlton Roper Rutland Sangster Scarborough Scoggin Singer Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Stevens Tabb Tamplin Taylor of Dawson Taylor of Decatur Thornton Wells of Camden Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 115, nays 9.

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

SB 212. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an. Act relating to the health insurance plan for State Employees so as to authorize members of the General Assembly to participate; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 137, nays 2.

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

1472

JOURNAL OF THE HOUSE,

SB 202. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act approved establishing an employees' retirement system, so as to modify means and procedure thereof for members to secure Social Security; and for other purposes.

The following Committee amendments were read and adopted:

The Rules Committee moves to amend SB 202 as follows:
By adding in the title thereof after the words "to restrict member ship;" the following:
"to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Georgia may transfer their credits to the Employees' Retirement System; to prescribe the manner of so doing;"

The Rules Committee moves to amend SB 202 as follows:
By renumbering Section 8 so that when so renumbered said Section shall be known as Section 9.
By adding a new Section 8 thereto to read as follows:
"Section 8. Said Act is further amended by adding to Section 8 a new and an additional subsection to be numbered subsection (9) to read as follows:
"'(9). (a) Any other provisions of law to the contrary not withstanding, any individual becoming an employee in a depart ment whose employees are covered by Employees' Retirement Sys tem and such individual has creditable service with the Teachers Retirement System, such services being subsequent to January 1, 1945, shall become a member of Division "A" and be eligible to transfer said credits to the Employees' Retirement System and same shall be deemed to be membership service for the computation of retirement benefits only and in no instance shall the transferring employees annuity be used for any additional credits, annuity or pension wise. Provided further, however, that such membership service as may be transferred shall not be used in the determining of qualifications of a member for benefits other than vested rights, disability, death or normal service retirement.
"'(b) Any other provisions of law to the contrary notwith standing, any individual upon becoming a member with the Em ployees' Retirement System shall not be eligible to transfer any credits from the Teachers Retirement System if such credits in clude service prior to January 1, 1945, such individual shall become a member of Division "A". Provided, however, the years of credit able service on record to the credit of the member with the Teachers Retirement System shall be taken into consideration by the Em-

THURSDAY, FEBRUARY 8, 1962

1473

ployees' Retirement System only for qualifying purposes for vested rights, death, disability or normal retirement and any benefits pay able by the Teachers Retirement System shall be paid by such system direct to the member or beneficiary.
"'(c) Any other provisions of law to the contrary notwith standing, any individual, who, upon becoming a member of the Teachers Retirement System has credits with the Employees' Retire ment System and such credits are for less than 18 years service shall have such credits transferred to the Teachers Retirement System.
"'(d) Any other provisions of law to the contrary notwith standing, any individual, who, upon becoming a member of the Teachers Retirement System has 18 or more years of credit with the Employees' Retirement System shall have such credits remain intact with the Employees' Retirement System until his death, dis ability or retirement. Should such individual qualify for retirement benefits with the Teachers Retirement System then such credits with the Employees' Retirement System shall be computed on the basis that such individual qualified for retirement with the Em ployees' System and such benefits shall be computed upon the age and plan of retirement under the Teachers Retirement System but based on those credits that have remained with the Employees' Retirement System.
"'(e) Any other provisions of law to the contrary notwith standing, any individual retiring with the Teachers Retirement Sys tem who has credits on record with the Employees' Retirement Sys tem shall the retirement allowances computed by the Employees' Retirement System and payable to the member or the beneficiary in accordance with the established records of the Teachers Re tirement System at the time of his death, or retirement, whichever is applicable.'"

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, as amended, the ayes were 132, nays 0.

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

HB 1115. By Messrs. Barber of Jackson, Hall of Floyd, and others:
A Bill to be entitled an Act establishing a retirement system for teach ers in the State public schools and other State supported schools; and for other purposes.

1474

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins
Andrews of Stephens Andrews of Hall Barber Barnett of Wilkes Barrett Baughman
Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brooks of Pulton Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Cox Crawford Crowe Culpepper Deen Dickey Dicus Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas

Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Keadle Kelly Kidd Killian Killingsworth King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller
Mixon Moate Moorman

Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell
Parker of Appling Farmer Pelham Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey
Raulerson Roberts Rodgers of Charlton
Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Steis Story Strickland Tamplin Taylor of Dawson Taylor of Bibb

THURSDAY, FEBRUARY 8, 1962

1475

Teague Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor

Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White

Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Adams Arnsdorff Ballard Barnett of Baker Bolton Branch Budd Cocke Davis Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Floyd Flynt Fordham

Fowler of Treutlen Fuqua Hodges Hurst Johnson Jones of Sumter Jordan Keyton Kimmons Knight of Laurens Lane Massee Melton Moore Paris Parker of Fleming Parker of Ware

Payton Phillips of Columbia Shuman Singer Smith of Whitfield Stevens Stuckey Tabb Taylor of Decatur Thornton Todd Walker of Lowndes Walker of Telfair Wells of Camden Wickham Willingham Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 0.

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

HB 937. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to authorize and empower the Governor to assume jurisdiction over State Highways for the purpose of enforc ing the traffic laws of this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Hall Ballard Barber

Barnett of Wilkes Boggs Brooks of Oglethorpe

Brown Budd Busbee

1476

JOURNAL OF THE HOUSE,

Caldwell Chance Cloer Davis Deen Duncan of Pannin Echols Fowler of Douglas Fowler of Treutlen Hall of Lee Harrell Henderson Jones of Worth Jones of Lumpkin Keadle Kirkland

Knight of Berrien Langford Lewis of Wilkinson Lovett Lowrey Mackay Matthews of Clarke McCracken Miller Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling

Pelham Poole Ross Sangster Simmons Smith of Fulton Smith of Habersham Strickland Tamplin Underwood of
Montgomery Waldrop Ware Wells of Peach Williams of Hall Wilson

Those voting in the negative were Messrs.:

Abney Andrews of Stephens Baughman Black Boyett Bozeman Brackin Brantley Bynum Clark of Catoosa Coker Collins Culpepper Dicus Dollar Dunn Fitzgerald Flynt Hale Horton Jones of Liberty Kelly

King Lee of Clinch Lewis of Burke Loggins Matthews of Colquitt McCutchen Moorman Morgan Morris Moss Mullis NeSmith Newton Farmer Payton Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Roper

Rowland Rutland Sheffield Shumann Simpson Sinclair Smith of Grady Smith of Brantley Story Taylor of Dawson Taylor of Bibb Teague Tucker Twitty Undercofler Walker of Telfair Watson Wells of Oconee White Young

Those not voting were Messrs.:

Adams Akins Arnsdorff Barnett of Baker Barrett Birdsong
Blalock Bolton Bowen of Randolph

Bowen of Toombs Branch Brooks of Fulton Chandler Clarke of Monroe Cocke Conner Crawford Crowe

Dickey Dorminy Doster Duncan of Carroll Fleming Flexer Floyd Fordham Funk

THURSDAY, FEBRUARY 8, 1962

1477

Fuqua Greene Hall of Floyd Hill Hodges Howard Hull Hurst Johnson Joiner Jones of Sumter Jordan Keyton Kidd Killian Killingsworth Kimmons
Knight of Laurens Lane

Lee of Clayton Lokey Massee McClelland McDonald McGarity Melton Milhollin Mixon Moate Moore Murphy Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Rodgers of Charlton Scarborough Scoggin

Singer Smith of Whitfield Steis Stevens Stuckey Tabb Taylor of Decatur Thornton Todd Underwood of Taylor Vaughn Walker of Lowndes Wells of Camden Wickham Wilkes Williams of Coffee Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 56, nays 64.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HR 461-922. By Messrs. Matthews of Clarke, Cox of Clarke and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service in any prison or detention or work camp operated under the jurisdiction of the State Board of Corrections; 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 II of the Constitution, as amended by an amendment ratified at the general election in 1952 and found in Georgia Laws 1951, page 861, and as amended by an amendment rati fied at the general election in 1960 and found in Georgia Laws 1960, page 1300, is hereby amended by striking from the eighth paragraph of that portion of Paragraph II added by the 1960 amendment the following
"One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of prac ticing his profession in a community of 5,000 population or less,

1478

JOURNAL OP THE HOUSE,

according to 1950 or any future census, or at Milledgeville State Hospital, and no annual interest on the scholarship loan shall be paid during such practice or service.",

and inserting in lieu thereof the following:

"One-fifth of the loan of scholarship, together with interest thereon, shall be credited to the applicant for each year of prac ticing his profession in a community of 5,000 population, or less, according to 1950 or any future census, or at Milledgeville State Hospital, 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 such practice or service.",
so that when so amended said eighth paragraph of Paragraph II shall read as follows:
"Applicant who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other expenses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid at such time and in such manner as may be determined by the board. The loans and scholarships herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that 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 loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be re paid 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 serv ices to be rendered by the applicant by practicing his professional at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship together with interest thereon, shall be credited to the applicant for each year of prac ticing his profession in a community of 5,000 population or less, according to 1950 or any future census, or at Milledgeville State Hospital, 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. 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 heretofore created to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship."

THURSDAY, FEBRUARY 8, 1962

1479

SECTION 2

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections.

"Against ratification of amendment to the Constitution so as to provide for repayment of medical loans and scholarships by serv ice at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall be come a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

SECTION 3

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

1480

JOURNAL OF THE HOUSE,

These voting in the affirmative were Messrs.:

Abney Akins
Andrews of Stephens Andrews of Hall Ballard Barber
Barnett of Wilkes Barrett Baughman Black Blalock Boggs Bolton Bowen of Randolph Boyett
Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Chance Clark of Catoosa Cocke Coker Collins Cox Crowe Culpepper Davis Deen Dickey Duncan of Fannin Dunn Fitzgerald Fleming Flexer Flynt Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson

Hill Horton Howard Hull Jones of Liberty Jones of Worth Jones of Lumkin Keadle Kelly Killian Killingsworth
Kirkland Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Massee Matthews of Clarke McClelland McCracken McCutchen McGarity Melton Milhollin Mixon Moate Moorman Morgan Morris Murphy NeSmith Newton Odom Otwell Paris Parker of Ware Parker of Appling Phillips of Bibb Pickard
Poole Potts Purcell

Rainey Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Sangster Scoggin Sheffield Shuman Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Story Strickland Stuckey Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn
Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Oconee White Wickham Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Adams Arnsdorff Barnett of Baker

Birdsong Bowen of Toombs Brackin

Branch Brantley Bynum

THURSDAY, FEBRUARY 8, 1962

1481

Chandler Clarke of Monroe Cloer Conner Crawford Dicus Dollar Dorminy Doster Duncan of Carroll Echols Floyd Fordham
Fowler of Douglas Fuqua Hodges Hurst Johnson Joiner

Jones of Sumter Jordan Keyton Kidd Kimmons King Knight of Laurens Knight of Berrien Lane Maekay Matthews of Colquitt McDonald Miller
Moore Moss Mullis Pannell Parker of Screven Farmer

Payton Pelham Phillips of Columbia Phillips of Walton Raulerson Roper Rutland Scarborough Singer Steis Stevens Tabb Taylor of Decatur
Ware Wells of Camden Wilkes Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 140, nays 0.

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

HB 1076. By Messrs. Phillips, Thornton and Taylor of Bibb:
A Bill to be entitled an Act to provide a minimum wage scale for the personnel of the fire departments of certain counties and cities; and for other purposes.

Mr. Simmons of Banks moved that HB 1076 be tabled and the motion lost. Mr. Taylor of Bibb moved the previous question and the motion lost.

Mr. Willingham of Cobb moved that HB 1076 be indefinitely postponed.

On the motion to postpone indefinitely the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff

Barber Barnett of Wilkes Birdsong

Black Blalock Bolton

1482

JOURNAL OF THE HOUSE,

Bowen of Randolph Bowen of Toombs Boyett Brown Bynum Caldwell Cloer Coker Colling Conner Cox Been Dickey Dollar Dorminy Dunn Echols Fowler of Treutlen Funk Hale Henderson Hill Horton Joiner

Keadle Kelly Killingsworth Kirkland Knight of Berrien Lee of Floyd
Lewis of Wilkinson Lewis of Burke Loggins Lokey Matthews of Clarke McCracken McCutchen McGarity Melton Miller Mixon Morgan Murphy Pannell Parker of Screven Parker of Ware Farmer Payton

Phillips of Columbia Poole Potts Raulerson Rutland Simmons
Simpson Sinclair Steis Story Tamplin Taylor of Dawson Teague Todd Tucker Twitty Waldrop Walker of Telfair Ware
Wells of Peach Wells of Oconee Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Abney Brooks of Fulton Chance Chandler Clark of Catoosa Cocke Crowe Culpepper Dicus Duncan of Fannin Fitzgerald Fleming Flexer Fowler of Douglas Greene Hall of Lee Hall of Floyd Harrell Howard Hull Jones of Liberty Jones of Worth Jones of Lumpkin

Kidd Killian Langford Lee of Clinch Lovett
Lowrey Mackay Massee Matthews of Colquitt McClelland Milhollin Moorman Morris Mullis NeSmith Newton Odom Paris Parker of Appling Phillips of Bibb Pickard Purcell Rainey

Roberts Rogers of Paulding Roper Ross Rowland Sangster Scoggin Sheffield Shuman Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Bibb Thornton Undercofler Underwood of Taylor Vaughn Watson White Williams of Coffee Young

THURSDAY, FEBRUARY 8, 1962

1483

Those not voting were Messrs.:

Adams Andrews of Stephens Ballard Barnett of Baker Barrett Baughman Boggs Bozeman Brackin Branch Brantley Brooks of Oglethorpe Budd Busbee Clarke of Monroe Crawford Davis Doster Duncan of Carroll

Ployd Flynt Fordham Fuqua Hodges Hurst Johnson Jones of Sumter Jordan Keyton Kimmons King Knight of Laurens Lane McDonald Moate Moore Moss Otwell

Pelham Phillips of Walton Rodgers of Charlton Scarborough Singer Smith of Grady Stevens Strickland Stuckey Tabb Taylor of Decatur Underwood of
Montgomery Walker of Lowndes Wells of Camden Wickham Wilkes Woodward Mr. Speaker

On the motion to indefinitely postpone the ayes were 81, nays 68.

HB 1076 was indefinitely postponed .

By unanimous consent, the following Resolutions of the House and Senate were read and adopted:
. '3
HR 648: By the Entire Membership of the House of Representatives:
A RESOLUTION
Expressing deepest sympathy upon the passing of Honorable Mer rill Johnson; and for other purposes.
WHEREAS, the members of the House of Representatives are deeply shocked and saddened to learn of the passing of Hon. Merrill Johnson, Representative, Jenkins County, on the evening of February 7, 1962; and
WHEREAS, he was an outstanding citizen of Jenkins County, in the City of Millen, serving as a member of the Jenkins County Board of Education and the Millen City Council; and
WHEREAS, he was a member of the Rotary Club, Farm Bureau, Chamber of Commerce, and a member of other civic and business organizations; and
WHEREAS, he rendered outstanding services to the citizens of his community and his State while serving as a member of this body continuously from 1955 until his death; and

1484

JOURNAL OF THE HOUSE,

WHEREAS, he was respected, admired and loved by all his col leagues, and his passing is felt as a tremendous personal loss to his fellow members.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Hon. Merrill Johnson, and the sympathy of each indi vidual member of this House is hereby extended to the family of Hon. Merrill Johnson.

BE IT FURTHER RESOLVED that the Speaker is hereby author ized to appoint an honorary committee of the members of the House for the purpose of attending funeral services of Hon. Merrill Johnson.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Hon. Merrill Johnson.

ESCORT COMMITTEE--MERRILL JOHNSON FUNERAL
Arthur J. Funk of Chatham Grady Dickey of Chatham Ralph Crawford of Chatham J. B. Fuqua of Richmond Bill Fleming of Richmond Jim Hull of Richmond Hines Brantley of Candler Wiley Fordham of Bulloch Jones Lane of Bulloch Ernest Strickland of Evans Walstein Parker of Screven Frank Arnsdorff of Effingham Roy McCracken of Jefferson Preston Lewis of Burke King Tucker of Burke Bill Todd of Glascock Ben Rodgers of Charlton Mr. Speaker

SR 143. By Senator Overby of the 33rd:
A RESOLUTION
To correct the spelling of the Soquee River; and for other purposes.
WHEREAS, the members of the General Assembly of the State of Georgia are aware of the great importance of rivers, lakes and streams in the lives of the natives of this sovereign State; and
WHEREAS, the interest and pride of the members of the govern ing body of this State extend to the point that its members become con cerned when the name of one of the rivers of this State has been mis spelled; and

THURSDAY, FEBRUARY 8, 1962

1485

WHEREAS, it appears from our State Department of Archives and History that the spelling of the Soquee River is spelled "Soquee" not "Soque"; and

WHEREAS, a misspelling has occurred a number of times in rec ords of this State, one map dated in 1819 spelled it "Sooquee" and the copies of the Sherwood Gazatteer dated in 1827 and 1860 spelled it alternately "Sookee" and "Sooquee"; and

WHEREAS, the original survey map of District 2 of Habersham, now White County, lists the name of the River as Soquee River, the head branch of the Chattahoochee River, rising in what is now White County, and flowing through Hall County;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State shall be in structed to change the spelling of the Soquee River so that it might be correctly spelled in the records of this State.

SR 125. By Senator Sanders of the 18th:
A RESOLUTION
Expressing appreciation to the Louisville and Nashville Railroad for the restoration of the locomotive "General"; and for other purposes.
WHEREAS, James J. Andrews and a party of twenty-one, includ ing twenty soldiers of the 2nd Ohio Regiment, did at the then-named town "Big Shanty", on the morning of April 12, 1862, sieze property of the State-owned Western and Atlantic Railroad, to wit, the loco motive "General"; and
WHEREAS, the raiding party did proceed northward from "Big Stanty", Georgia over the right of way of the Western and Atlantic Railroad for the purpose of committing acts of sabotage to hinder the wartime efforts of the Confederate States of America; and
WHEREAS, the persistant pursuit led by Captain William A. Fuller of Georgia did cause the raiders to abandon the stolen locomotive, the "General", without achieving any measure of success in their afore mentioned mission of sabotage; and
WHEREAS, in the past century this episode has achieved its right ful place as one of America's great railroad stories, and the locomotive "General" has become to the entire world a symbol of daring and cour ageous devotion to duty; and
WHEREAS, the Louisville and Nashville Railroad has restored this historic locomotive to its wartime appearance and full mechanical con dition at great effort and expense to the railroad; and
WHEREAS, the debut of this historically significant locomotive is generously allowed by the Louisville and Nashville Railroad to take

1486

JOURNAL OP THE HOUSE,

place in Georgia, at the site where the "Great Locomotive Chase" oc curred, for the Centennial commemoration of the Andrews Raid;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the people of the State of Georgia, through their elected representatives in the General Assembly, express grateful appreciation to the Louisville and Nashville Railroad for the restoration of the "General", and for their cooperation with the Georgia Civil War Centennial Commission in the commemoration of an event that will reflect glory and distinction on our State forever.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit a suitable copy of this Resolution to the President of the Louisville and Nashville Railroad.

HR 670. By Messrs. Bolton of Spalding, Hale of Dade and Steis of Harris:
A RESOLUTION
To create a committee to work with the Department of Revenue in connection with the tax equalization and re-evaluation program pro vided for by the present session of the Georgia General Assembly.
WHEREAS, the studies and recommendations by previous interim committees over a number of years have resulted in the adoption of additional legislation at this Session of the General Assembly to provide a method for a tax equalization and re-evaluation program among the several counties of this State; and
WHEREAS, this legislation will undoubtedly create problems within the Revenue Department charged with the responsibility of administer ing the program provided for in the above mentioned legislation; and
WHEREAS, if this important and vital work inaugurated by the General Assembly is to continue and succeed, there must be a continual reappraisal of the laws relating to ad valorem property taxes in this State as well as the need for direct legislative liaison with the depart ment charged with the responsibility of administering the legislative program commenced at this Session of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be known as the Tax Equalization Committee to be composed of three mem bers of the House to be appointed by the Speaker of the House of Repre sentatives. The Committee is hereby authorized to consult with persons experienced in the field of taxation and other fields related to the legis lative program outlined above. The Committee shall also be authorized to examine the laws and administration thereof of this and other states relative to the fields of inquiry which the Committee feels shall be ben eficial to their study. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legis lative committees. All funds necessary for the purpose of this Resolution

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shall come from the funds appropriated to or available to the Legisla tive branch of the government. The Office of Legislative Counsel shall assist the Committee in the performance of its duties. The Committee shall make a report of its studies and recommendations to the 1963 Session of the General Assembly on or before January 15, 1963, and the Committee shall stand abolished as of that date. The Committee is authorized to meet for a total time of 45 days.

The following amendment was read and adopted:
Rules Committee moves to amend HR 570, as follows:
By striking from the resolved clause thereof the following language:
"The Committee is authorized to meet for a total time of 45 days."
and inserting in lieu thereof the following language:
"The Committee created by this Resolution shall have ten (10) days each member for carrying out the purposes of this Resolu tion."

The Resolution was adopted as amended.

HR 595. By Mr. Payton of Coweta and Cox of Clarke:
A RESOLUTION
Creating a Committee from the House State Institutions and Prop erty Committee; and for other purposes.
WHEREAS, the House State Institutions and Property Committee performed an outstanding job in studying and inspecting the various State Institutions' facilities and property during the last interim; and
WHEREAS, it is highly desirable that the members of the General Assembly be kept abreast and informed of the status and condition thereof; and
WHEREAS, any methods of operation which would be improve ments over present such methods should be brought to the attention of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of such number of members of the House State Institutions and Property Committee as shall be designated by the Speaker for the

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purpose of visiting, inspecting and studying the State Institutions and property, and obtaining information concerning the methods of opera tions thereof. The Committee is hereby authorized to study the laws relating thereto and the administration of such laws of this and such other jurisdictions as the Speaker shall authorize. The members of the Committee shall receive the compensation, per diem, expenses and al lowances authorized for members of interim legislative committees. The Committee shall receive the above for the number of days specified by the Speaker. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Committee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

HR 600. By Messrs. Pannell of Murray, Moss of Gordon, and others:
A RESOLUTION
Commending the renovation of New Echota by the Georgia His torical Commission; and for other purposes.
WHEREAS, the Cherokee Indians, when they were still living in their ancient homeland in Northwest Georgia, were converted to Chris tianity and became an industrious, sober and law-abiding people and, hoping that they might rely on a treaty with the Government in Wash ington permitting them to remain on their ancestral lands, built a national capital in that part of their Nation which is now Gordon County, naming the town New Echota, where they maintained their central government based on a written constitution providing for an executive, a legislative body and a judicial system with a Supreme Court, with the officers of the government chosen in national elections, and proceeded to practice the arts of peace, both in industry and agricul ture and in the homes that they built and the schools that they estab lished, and in their daily pursuits gave proof to the high state of Chris tian civilization that they had attained and that the citizens of their Nation were a serious, law-abiding, God-fearing people; and
WHEREAS, the land-hungry pioneers of Georgia, ever pushing the frontiers westward, coveted the lands of the Cherokee and brought pressure upon the United States Government to remove these people to a distant land beyond the Mississippi in discharge of its obligation to do so under a promise made when, after the Yazoo fraud, Georgia ceded its western lands to the Central Government; and
WHEREAS, by methods which neither the United States nor pres ent-day Georgia can now consider with pride, these proud people were compelled to move to the Oklahoma Territory under such shocking cir cumstances that four persons died for every mile traveled in that mel ancholy exodus, and that page in Georgia's history must now be read with humility and sadness; and
WHEREAS, during the years immediately preceding this heartless act of removal of the Cherokees from their native land, there were

THURSDAY, FEBRUARY 8, 1962

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passed by the General Assembly a number of laws unjustly discrim inatory and harshly restrictive of the inalienable rights of the Cherokees, which laws are now largely obsolete, but if there should arise a situation in which they may be invoked, their enforcement would cause such gross injustice as to shock the consciences of all who believe in equality under law; and

WHEREAS, the people of Calhoun, Georgia, and Gordon County have located the early records showing the exact location of New Echota, so that, after further research to ascertain the exact character of the public buildings and other houses, the Georgia Historical Commission has been enabled to undertake the restoration of this ancient Capital of the Cherokees, which will be sufficiently completed by May of this year for a formal ceremony to be held dedicating this historic site as a cultural monument and tourist attractions, and it is expected that on this occasion the Georgia Historical Commission, with the cooperation of the Department of Commerce, will have as guests of the State of Georgia many prominent officials of the Cherokee Nation, who are also men of national prominence, being men who occupy or have occupied such positions as Governor and Justices of the Supreme Court and other offices of comparable importance in the government of the State of Oklahoma, and who occupy the highest places of responsibility in some of the nation's largest industries, so that it is suitable and fitting that, upon the arrival of these distinguished guests, there should be presented to them the intelligence of the removal from the Georgia laws of those prejudicial and restrictive statutes which one hundred and thirty years ago were enacted with a hostility of spirit which now happily no longer exists, and in doing this Georgia atones for the wrong done to these
worthy people;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY, that this body do highly commend the Georgia Historical Commission for its renovation and re-creation of New Echota and do welcome with open arms those prominent citizens of the Cherokee Nation who are to attend the formal ceremony opening to the public for in spection the grounds and re-created buildings of New Echota.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives be instructed to transmit copies of this Resolution to the Georgia Historical Commission so that the Resolution might be read at the aforementioned ceremonies.

HR 557. By Messrs. McDonald of White, Andrews of Hall, and others:
A RESOLUTION
Proposing that Yonah Mountain be made a permanent tourist attraction; and for other purposes.
WHEREAS, Yonah Mountain, located in White County, Georgia, approximately eighty-five miles northeast of Atlanta, has an elevation of 3173 feet, and is one of the largest monadnocks east of the Mississippi, being larger than Stone Mountain; and

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JOURNAL OF THE HOUSE,

WHEREAS, three states other than Georgia may be viewed from its summit; and

WHEREAS, it is rich in Cherokee Indian lore, being adjacent to the Sautee-Nacoochee Valley; and

WHEREAS, it is a beautiful and historical part of Georgia and attracts many tourists; and

WHEREAS, it will be to the advantage of the State of Georgia and the people of Georgia if Yonah Mountain is made a permanent tourist attraction.

NOW, THEREFORE. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it is hereby recommended and urged that Yonah Mountain be made a permanent tourist attraction, and that either the State of Georgia or a private corporation obtain the necessary land and provide the necessary facilities for making it a permanent tourist attraction.

BE IT FURTHER RESOLVED that if and when sufficient State funds are available, it is recommended that such funds be provided for the purpose of developing Yonah Mountain into a permanent tourist attraction.

HR 519. By Messrs. Newton and Matthews of Colquitt:
A RESOLUTION
Relative to driver education training in high schools; and for other purposes.
WHEREAS, the current driver education training in the high schools of this State is beneficial in that the students receiving training thereunder develop good driving habits and are adequately and thor oughly schooled in driver safety; and
WHEREAS, the age of the young people now in school has increased in that many of the students are eligible to receive drivers' learners' licenses prior to their graduation; and
WHEREAS, the maximum driver training would benefit the people of this State by providing better and more capable drivers;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Education, the Department of Public Safety, automobile dealers and automobile manu facturers cooperate in improving and expanding the driver training program so as to include the maximum driver training education in the high schools of this State to those students eligible to obtain learners' licenses.

THURSDAY, FEBRUARY 8, 1962

1491

BE IT FURTHER RESOLVED that every effort be made to pro vide Driver Education available to each student eligible to obtain a learners' license and that each high school provide such training.

HR 518. By Mr. Sangster of Dooly:
A RESOLUTION
Declaring October 15th as Poetry Day; and for other purposes.
WHEREAS, the citizens of Georgia are increasingly aware of the importance of poetry in cultural development; and
WHEREAS, the poets of Georgia from the time of Sidney Lanier to the present have achieved national recognition for their abilities to inspire others through the medium of poetry; and
WHEREAS, for the past ten years, the citizens of Georgia have joined the citizens of more than forty states in observing "National Poetry Day";
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that October 15th of each year shall be known as "Poetry Day" in Georgia, and all citizens are requested to observe this day with appropriate ceremonies to emphasize the value of poetry in the education of our children and for the entertainment and edification of our people.

HR 597. By Messrs. Steis of Harris, Akins of Union, and others:
A RESOLUTION
Expressing appreciation to the Congressional Delegation from the State of Georgia in the United States Congress; and for other purposes.
WHEREAS, a new Veterans Administration Hospital is badly needed in the State of Georgia; and
WHEREAS, very recently, information has been released by the Federal authorities which assures the Veterans of the State of Georgia that a new Veterans Administration Hospital will be constructed in the metropolitan area of Atlanta, Georgia in the near future; and
WHEREAS, the Citizens and Veterans of the State of Georgia are fully aware that the entire Congressional Delegation from the State of Georgia in the United States Congress have advocated and urged that a new Veterans Hospital be constructed in Georgia; and
WHEREAS, the Veterans of the State of Georgia are fully aware of the many efforts put forth by the United States Congressional Dele gation from Georgia for and in their behalf.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, in Regular Session assembled, does hereby highly commend and express their sincerest appreciation to the entire Congressional Delegation from the State of Georgia in the United States Congress for their untiring and successful efforts in obtaining the com mitment and assurance from the Federal authorities that a new Vet erans Administration Hospital will be constructed and placed in opera tion in the metropolitan Atlanta area in the near future.

BE IT FURTHER RESOLVED that this major achievement will be long remembered by the members of this Body and by the Citizens of the State of Georgia and that this Resolution is an expression of our appreciation and gratitude.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appropriate copy of this Resolution to each member of the Congressional District of the State of Georgia in the United States Congress.

HR 596. By Messrs. Steis of Harris, Underwood of Taylor, and others:
A RESOLUTION
Authorizing the erecting of a monument paying homage to and commemorating certain war veterans; and for other purposes.
WHEREAS, during the War between the United States of America and the Kingdom of Spain, such War, being referred to as the Spanish American War, many Georgians made the supreme sacrifice; and
WHEREAS, the Veterans of the War with Spain have united them selves together in fraternal comradeship by and through a Congres sional Chartered Organization, the United Spanish War Veterans; and
WHEREAS, in accordance with the terms of said organization, said Veterans have pledged themselves to perpetuate the memories of the War with Spain and the campaigns incident thereto; and
WHEREAS, said Veterans have advocated and encouraged an ade quate national defense and are among those who fought to preserve our institutions of Government; and
WHEREAS, it is the desire of the Veterans of this State, the many Veterans Organizations and numerous individuals that a monument be erected on the grounds of the State Capitol of the State of Georgia located in Atlanta, Georgia paying homage to and commemorating the Georgians who were members of the armed forces of the United States of America and who served in the War with the Kingdom of Spain; and
WHEREAS, the cost of construction and erection of this monument will not obligate the State of Georgia for any sum whatsoever.

THURSDAY, FEBRUARY 8, 1962

1493

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State, is hereby authorized and empowered to allow a monument to be erected on the grounds of the State Capitol of the State of Georgia paying homage to and commemorating the Georgians who were mem bers of the armed forces of the United States of America and who served during the War with the Kingdom of Spain.

BE IT FURTHER RESOLVED that the Secretary of State, as keeper of the grounds at the State Capitol, be and he is hereby author ized to make available space for such monument.

BE IT FURTHER RESOLVED that the Secretary of the State shall have the power and authority to approve the design of such monu ment to the extent that it will be in keeping with other monuments on, and the general landscape of the Capitol grounds known as "Capitol Square".

BE IT FURTHER RESOLVED that the authority and power herein authorized is so authorized upon the condition that the State of Georgia shall not be obligated in any sum whatsoever in the construction and erection of said monument.

By unanimous consent the following Resolution of the House and Senate were referred to the Committee on Rules:

SR 147. By Senators Perry of the 49th and Warnell of the 2nd:
A RESOLUTION
Requesting the Georgia Congressional Delegation to seek to have enacted Federal Legislation authorizing payment of funds to counties in which military installations are located; and for other purposes.
WHEREAS, a large number of military installations are located in the State of Georgia covering vast amounts of territory in many of the counties of this State; and
WHEREAS, such counties receive no ad valorem tax funds from such property causing an increased tax burden to be placed on the citi zens of such counties; and
WHEREAS, although in a few of such counties Federal funds are received for school purposes due to a concentrated number of Federal employees therein, many of the counties involved do not receive such funds, and even so other county services suffer because of lack of funds; and
WHEREAS, some counties in the State are receiving funds through the program of retirement of submarginal land administered by the United States Department of Agriculture, and some counties are re-

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JOURNAL OF THE HOUSE,

ceiving funds through a similar program administered by the United States Forestry Department, such funds consisting of twenty-five (25%)
per cent of the net revenues received from the use of land during each year; and

WHEREAS, it would be advantageous, equitable and desirable that some similar type program be initiated for the aforesaid counties rela tive to military installations;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Georgia Congres sional Delegation are hereby requested to study the above situation with a view towards initiating legislation in the Congress relieving the fi nancial burden of the aforesaid counties.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to each mem ber of the Georgia Congressional Delegation.

HR 649. By Messrs. Keyton of Thomas, Parker of Screven, and others:
A RESOLUTION
To authorize the Education Committee of the House t6 make further studies and analyses of educational problems; and for other purposes.
WHEREAS, the Educational Study Committees of 1961 accom plished outstanding results in the educational field giving to the Legis lature much vital and needed information to improve operation of the educational system; and
WHEREAS, the State expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Legislature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Education Committee of the House be authorized to make such further studies and analyses of educational problems as is deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such subcommittees as he deems necessary. Said Committee is authorized to employ such pro fessional and clerical assistance as it requires and shall set their com pensation as authorized by the Speaker of the House of Representatives and incur necessary expense for supplies, etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and com plete investigation and analyses of educational matters, as authorized by the Speaker of the House of Representatives. The members of said Committee shall receive per diem and expenses as provided by Law

THURSDAY, FEBRUARY 8, 1962

1495

for interim committees. The Committee shall have 10 days per member for necessary meetings. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

HR 650. By Messrs. Brooks of Oglethorpe, Ross of Lincoln, and others:
A RESOLUTION
To authorize the University System of Georgia Committee of the House to make further studies and analyses of educational problems; and for other purposes.
WHEREAS, the Educational Study Committees of 1961 accom plished outstanding results in the educational field giving to the Legis lature much vital and needed information to improve operation of the educational system; and
WHEREAS, the State expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Legis lature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the University System of Georgia Commit tee of the House be authorized to make such further studies and analyses of educational problems as it deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such subcommittees as he deems necessary. Said Committee is authorized to employ such professional and clerical assistance as it requires and shall set their compensation as authorized by the Speaker of the House of Representatives and incur necessary expense for supplies, etc. Said Com mittee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educational matters as authorized by the Speaker of the House of Representatives. The members of said Committee shall receive per diem and expenses as pro vided by Law for interim committees. The Committee shall have ten (10) days per member for necessary meetings. The funds necessary to carry out the purposes of this Resolution shall come from funds appro priated to or available to the Legislative Branch of Government.

HR 651. By Messrs. Barrett of Cherokee, Horton of Putnam, and others:
A RESOLUTION
Creating a subcommittee of the Natural Resources Committee of the House to study matters pertaining to Georgia's natural forests, fisheries and hatcheries; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, the natural resources of this nation are deplenishing at alarming rates; and

WHEREAS, it is imperative that the forests of this State be main tained and proper conservation thereof remain unobstructed; and

WHEREAS, the fisheries and hatcheries of Georgia should be in spected periodically to see that their operation is fulfilling its purpose; and

WHEREAS, it is the duty of each State of the Union to seek out and develop every conceivable mode of supplementing and replenishing natural resources; and

WHEREAS, Georgia is a coastal State and the possibility of oil being discovered within her bounds and within her off-shore tidelands is being explored and should continue to be so; and

WHEREAS, there are various other areas in which Georgia could supplement the great loss of resources.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legis lative Committee to be known as the Natural Resources Committee of the House to be composed of not more than forty members of the House to be appointed by the Speaker, to study the development of natural resources pertaining to the aforesaid matters.

BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution shall have power and authority to meet and shall have fifteen (15) days per member for carrying out the purposes of this Resolution and the members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its studies as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia on or before January 15, 1963 and said Committee shall stand abolished as of that date.

HR 652. By Messrs. Hull and Fleming of Richmond, and others:
A RESOLUTION
To amend House Rule 39; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 39 is hereby amended by adding a new paragraph at the end thereof to read as follows:

THURSDAY, FEBRUARY 8, 1962

1497

"Anything in this Rule or in any other Rule to the contrary notwithstanding, no Bill or Resolution changing the compensation of any elected State-house official shall be considered during the last five days of any session."

HR 653. By Messrs. Pickard of Muscogee, Conner of Jeff Davis, and Twitty of Mitchell:
A RESOLUTION
Creating a Committee to make a study of the various Bills which have been proposed to remedy the problem created by uninsured motor ists; and for other purposes.
WHEREAS, each year sees an increase in the number of motor vehicles using the public ways in the State of Georgia, with the in evitable resulting increase in the number of motor vehicle accidents; and
WHEREAS, there is a concurrent increase in the number of bodily injury and property damage accidents in which the owner and/or op erator of the motor vehicle causing the accident is found legally liable for such damages, but proves financially irresponsible and unable to pay for the damages caused by his negligence; and
WHEREAS, the situation is of such importance to the citizens of this State as to warrant a thorough study of methods available to pro tect the public from monetary losses arising out of bodily injuries and property damages suffered at the hands of financially irresponsible motorists;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the various Bills which have been proposed to remedy the problem created by uninsured motorists and possible solutions to such problems. The Committee members shall re ceive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Committee shall receive the above for not to exceed 15 days for each member. In order to more efficiently carry out its duties, the Committee is authorized to employ clerical help and fix the compensation therefor. The funds neces sary to carry out the purposes herein shall come from the funds appro priated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 15, 1963, on which date the Committee shall stand abolished.

HR 654. By Messrs. Paris of Barrow, Pelham of Schley, and others:

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JOURNAL OP THE HOUSE,

A RESOLUTION

Requesting the State Highway Board to establish a minimum wage of $1.00 per hour for highway department employees; and for other purposes.

WHEREAS, the employees of the maintenance crews of the State Highway Department work long hours in all types of weather in order to keep pace with the ever-increasing work load connected with the maintenance of the highways of this State; and

WHEREAS, because of the large number of traffic fatalities in Georgia, it is imperative that we maintain our roads in the best possible condition; and

WHEREAS, the cost of living has increased considerably since the last wage adjustment for employees of the State Highway Department;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Board is hereby requested and urged to establish a minimum wage of $1.00 per hour for all employees of the State Highway Department.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each mem ber of the State Highway Board.

Mr. Parker of Appling moved that the House do now adjourn until tomorrow morning at 9:30 o'clock a.m., and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock a.m.

FRIDAY, FEBRUARY 9, 1962

1499

Representative Hall, Atlanta, Georgia Friday, February 9, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offerred by Rev. Jon A. Pirtle, Pastor Peachtree Baptist Church, Atlanta, Ga.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uneontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

Mr. Caldwell of Upson asked unanimous consent, that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 861. By Messrs. Caldwell, Ware of Troup and others:
A Bill to be entitled an Act to amend an Act providing for the definition of certain words used concerning the regulation of motor common car riers, so as to define "for hire"; and for other purposes.

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The consent was granted and HB 861 was placed on the General Calendar.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1208. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the Charter of the City of Rossville, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1209. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1210. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the Charter of the City of Rossville; and for other purposes. Referred to the Committee on Local Affairs.
HB 1211. By Mr. Coker of Walker:
A Bill to be entitled an Act to amend an Act providing for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, so as to provide that employees under the system shall be primarily liable to the political subdivisions for which they are employed; and for other purposes.
Referred to the Committee on State of Republic.

HB 1212. By Messrs. Mackay of DeKalb and Abney of Walker:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are licensed citizens band radio operators; and for other purposes.
Referred to the Committee on State of Republic.

FRIDAY, FEBRUARY 9, 1962

1501

HB 1213. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of College Park by extending the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HR 642-1213. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to take appropriate legislative action to insure continuity of State and local governmental operations in periods of emergency; and for other purposes.
Referred to the Committee on State of Republic.

HR 643-1213. By Mr. Keadle of Lamar:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Lamar County; and for other pur poses. Referred to the Committee on Local Affairs.
HB 1214. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act", so as to provide criteria for providing additional funds to local units which have exceptional needs for capital outlay; and for other purposes. Referred to the Committee on Rules.

HB 1215. By Messrs. Ware and Birdsong of Troup, NeSmith of Meriwether, Waldrop of Carroll, Potts of Coweta, Hill of Meriwether and Payton of Coweta:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the Judge of the Superior Court of the Coweta Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1216. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to study of causes, effects, rehabilita tion and treatment facilities for alcoholics; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1217. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of College Park; and for other purposes.
Rsferred to the Committee on Local Affairs.

HR 644-1217. By Messrs. Pannell of Murray, Odom of. Dougherty, Andrews of
Stephens and Undercofler of Sumter: A Resolution creating a committee to study budgetary, financial and fiscal affairs and related matters; and for other purposes.
Referred to the Committee on Rules.

HR 645-1217. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Resolution proposing an amendment to the Constitution, so as to au thorize DeKalb County to levy a tax and/or charge or assessment on any business operating buses in certain areas of DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 646-1217. By Mr. Sheffield of Brooks: A Resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1218. By Messrs. Smith, McClelland and Brooks of Fulton: A Bill to be entitled an Act to amend an Act creating a joint-City-County Board of Tax Assessors in certain counties, so as to fix the salaries of the members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1219. By Messrs. Howard, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of the County of DeKalb; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1220. By Messrs. Howard, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to create and establish in DeKalb County, districts from which the members of the County Board of Education of DeKalb County shall be elected; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 9, 1962

1503

HB 1221. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act so as to provide that the term "actual notice" as used in said Act shall mean in certain instances prior recordation and nothing else; and for other purposes.
Referred to the Committee on Judiciary.

HR 647-1221. By Messrs. Duncan and Waldrop of Carroll: A Resolution proposing an amendment to the Constitution so as to create the Carrollton Payroll Development Authority as a constitutional au thority and public corporation; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1222. By Mr. NeSmith of Meriwether: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1223. By Mr. NeSmith of Meriwether: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1224. By Mr. NeSmith of Meriwether: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to allow the governing authority of said city to pro vide group or other insurance for the benefit of its employees; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1225. By Mr. McGarity of Henry: A Bill to be entitled an Act to grant a Charter to the City of Swan Lake, by incorporating the same as a municipality; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1226. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, by reducing the city limits; and for other purposes.

1504

JOURNAL OF THE HOUSE,

Referred to the Committee on Local Affairs.

HB 1227. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to extend the city limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1228. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that drivers or chauffeurs of disabled veterans shall be entitled to honorary drivers licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1229. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1230. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act entitled "An Act to establish the Criminal Court of Atlanta, so as to adjust and fix the salaries of the Judges and the Solicitor-General of the Criminal Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1231. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to the abolition of justice courts and the office of Justice of the Peace and of notary public ex officio justice of the peace, in certain counties.
Referred to the Committee on Local Affairs.

HR 655-1231. By Mr. Roper of Greene:
A Resolution proposing an amendment to the Constitution so as to create the Green County Authority; and for other purposes. Referred to the Committee on Special Judiciary.

FRIDAY, FEBRUARY 9, 1962

1505

HR 656-1231. By Mr. Fitzgerald of Long:
A Resolution proposing an amendment to the Constitution so as to au thorize the condemnation of property for the purpose of industrial and resort development; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1232. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1233. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to provide that the governing authorities of certain cities shall not enforce any ordinance relating to revenues with out first having submitted same for ratification or rejection; and for other purposes.
Referred to the Committee on Local Affairs.

HR 657-1233. By Mr. Simmons of Banks: A Resolution to compensate Mr. Cohen Martin; and for other purposes.
Referred to the Committee on Appropriations.

HB 1234. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to license fee or tax on Insurance agents; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1235. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act to provide that certain cities shall furnish aid, relief and pensions to members of paid fire depart ments now in active service, so as to provide that such cities shall levy a tax on the premium of all fire and lightning insurance companies or associations on property situated within the corporate limits of such cities; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

1506

JOURNAL OP THE HOUSE,

HB 1184. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Vidalia, so as to provide for wards in said city; and for other purposes.

HR 629-1184. By Mr. Bowen of Toombs:
A Resolution proposing an amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority; and for other purposes.

HR 630-1184. By Mr. Clarke of Monroe: A Resolution compensating E. W. Banks; and for other purposes.
HB 1185. By Messrs. Jones of Sumter, Davis of Wayne, Jones of Suniter, Adams of Polk, Kidd of Baldwin and others: A Bill to be entitled an Act to remedy a cause of unemployment and economic insecurity within the State of Georgia; and for other purposes.

HB 1186. By Messrs. Lowrey, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to provide uniformity in the composition of Boards of Commissioners of Roads and Revenues in Ployd County; and for other purposes.

HB 1187. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to repeal an Act placing the compensation of the Sheriff of Brooks County on a salary basis in lieu of a fee basis, so that the Sheriff of Brooks County shall be placed on a fee basis; for other purposes.

HB 1188. By Mr. Kidd of Baldwin: A Bill to be entitled an Act to provide that it shall be unlawful to operate any motor driven boat on any of the waters of this State towing a person on water skis unless said boat is equipped with a rear view mirror; and for other purposes.
HB 1189. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Morrow; and for other purposes.

FRIDAY, FEBRUARY 9, 1962

1507

HB 1190. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, so as to provide for the City to exercise the right of eminent domain; and for other purposes.

HB 1191. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale; to provide for a Civil Service or Merit System for City Em ployees of said city; and for other purposes.

HR 631-1191. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment to the Constitution to provide that in the case of the death of the Governor-elect the Lieutenant Gov ernor elect shall succeed to the office of Governor; and for other pur poses.
HR 632-1191. By Messrs. Kidd and Chandler of Baldwin:
A Resolution requesting the Board of Regents to make certain property available to the Welfare Department; and for other purposes.

HR 633-1191. By Mr. Kidd of Baldwin:
A Resolution to compensate Hon. J. C. Cooper, Clerk of the Superior Court of Baldwin County; and for other purposes.

HB 1192. By Messrs. Killian and Flexer of Glynn, Davis of Wayne, Wells of Camden, Conner of Jeff Davis and Parker of Appling:
A Bill to be entitled an Act to amend an Act providing a salary system in lieu of a fee system for the Solicitor General of the Brunswick Judicial Circuit; and for other purposes.

HR 634-1192. By Mr. Busbee of Dougherty:
A Resolution compensating Mrs. Mildred W. McDonald and Mr. W. T. Winslett, Jr.; and for other purposes.

HR 635-1192. By Mr. Chance of Twiggs:
A Resolution compensating Mr. and Mrs. Mark Fitzpatrick; and for other purposes.

1508

JOURNAL OF THE HOUSE,

HE 636-1192. By Messrs. Busbee and Odom of Dougherty:
A Resolution authorizing- and directing the conveyance of certain prop erty belonging to the State to the Albany Civitan Club, Inc.; and for other purposes.

HR 637-1192. By Mr. McClelland of Fulton: A Resolution to compensate E. O. Sams; and for other purposes.

HB 1193. By Messrs. Smith and Boyett of Whitfield, Pannell of Murray, Crowe and Greene of Bartow:
A Bill to be entitled an Act to provide for the appointment of an As sistant Solicitor-General in Judicial Circuits in certain counties; and for other purposes.

HB 1194. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act known as the "Georgia State Highway Authority Act", so as to increase the maximum sum of the principal amount of bonds which may be outstanding at any one time and which are issued by Resolution of the Authority; and for other purposes.

HB 1195. By Messrs. Andrews and Williams of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville, by changing the corporate limits by annexing thereto four parcels of land; and for other purposes.

HB 1196. By Mr. Morris of Tift:
A Bill to be entitled an Act to amend an Act to provide for a new Charter for the City of Tifton, and relating to the manager's bond; and for other purposes.

HR 638-1196. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly may grant to the governing authority of Hall County the right to construct, grade, pave, repave and repair roads and streets, etc.; and for other purposes.

HB 1197. By Messrs. Taylor, Thornton and Phillips of Bibb:
A Bill to be entitled an Act to confirm the action of the City of Macon in closing certain alleys and transferring said property; and for other purposes.

FRIDAY, FEBRUARY 9, 1962

1509

HB 1198. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes.

HB 1199. By Messrs. Smith, Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act to create a system of traffic courts, so as to provide compensation for assistant solicitors; and for other purposes.
HB 1200. By Messrs. McClelland, Brooks and Smith of Fulton: A Bill to be entitled an Act to amend an Act pertaining to Coroner's fees, in certain counties; and for other purposes.

HB 1201. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to create a Bond Commission for DeKalb County; and for other purposes.

HB 1202. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to provide for a lien in favor of the owner of live poultry on such poultry; and for other purposes.

HB 1203. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend an Act by further defining situs of intangible property; and for other purposes.

HR 639-1203. By Messrs. Rutland, Mackay and Howard of DeKalb: A Resolution proposing an amendment to the Constitution so as to pro vide for the establishing, acquiring, constructing, etc., a Junior College in the County of DeKalb; and for other purposes.
HR 640-1203. By Mr. Ross of Lincoln: A Resolution compensating Roy Banks; and for other purposes.

HB 1204. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act known as the "Coweta County Pension and Retirement Pay Act; and for other purposes.

1510

JOURNAL OP THE HOUSE,

HB 1205. By Messrs. Story and Morgan of Gwinnett:
A Bill to be entitled an Act to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in Gwinnett County; and for other purposes.

HR 641-1205. By Mr. Smith of Fulton:
A Resolution proposing an amendment to the Constitution providing for the creation of the Metropolitan Atlanta Transit Authority as an in strumentality and agency of the State; and for other purposes.

HB 1206. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State sup ported schools so as to provide that time spent in the Armed Services of the U.S. during a certain period may be included as creditable service under the Act for such a period of time; and for other purposes.

HB 1207. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State Public Schools and other supported schools, so as to provide a method for reinstatement of teachers who have withdrawn their contributions; and for other purposes.

SB 229. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide a method for distributing State funds to the several incorporated municipalities of this State for Street purposes and for the purposes of traffic control; and for other purposes.
Referred to the Committee on State of Republic.

SB 269. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Fannin County, so as to change the compensation of said commissioner and to change the compensation of the clerk of said commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

SB 272. By Senator Perry of the 49th:
A Bill to be entitled an Act to amend an Act to fix the compensation of the Clerk of the Superior Court of Evans County, so as to change the compensation of the clerk of said court; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 9, 1962

1511

SB 234. By Senator Miller of the 40th:
A Bill to be entitled an Act to amend Code Section 32-1004, relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.
Referred to the Committee on Education.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, February 9, 1962, and submits the following:

1. HB

81. Motor Vehicles, inspection

2. HB

181. Railroad employees, safety; (Placed on Cal. to consider unfav. rpt. of Com.)

3. HB

741. Minimum rate, maintenance crew

4. HB

784. Tax equalization, loan

5. HR 385-793. Designate Lake Roanoke

6. HB

797. State Bar of Georgia

7. HB

809. Department of Commerce, appropriation

8. HB

826. Letters of Administration

9. HR 406-831. Felony, maximum sentence

10. HB

890. Life Imprisonment, under eighteen

11. HR 425-891. Reed Bingham State Park

12. HB

907. Georgia Insurance Code, amend

13. HB

911. Budget officer, Board of Education

14. HB

915. Sale of Treated Seed

15. HR 450-916. School Bus Drivers, Committee

16. HB

919. Clerk of Court, use microfilm

17. HB

930. Employees' Retirement, amend

18. HB

933. Certain language over telephone, prohibit

19. HR 472-935. Certain officials, compensation

20. HR 473-935. Death sentence, amend

21. HB

945. Telephone facilities, illegal purposes

22. HB

946. Sale of animal remedies

23. HB

948. Legal evidence, courts

24. HB

949. Prisoner's statement, criminal trials

1512

JOURNAL OP THE HOUSE,

25. HB 1017. Consumer, implied warranties

26. HB 1018. Mufflers, excessive noise, unlawful

27. HB 1037. Abandonment, define

28. HB 1038. Define vagrancy, punishment

29. HB 1039. Confinement in prison

30. HB 1040. Drunkenness, define

31. HB 1052. Employees' Retirement System, amend

32. HB 1101. University System, police security

33. HR 583-1126. Transfer land, Hart and Stephens counties

34. HB 1163. Wesleyan Conservatory Property

35. HR 614-1163. Wesleyan College

36. HB 1132. State Officials, compensation

37. SB 1181. Director of Probation, compensation

38. SB

211. State employees, physical examination

39. HB 1080. Municipalities, certain powers

40. HB

761. Gross Income, define

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman,
Undercofler of Sumter, Secretary.

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1068. Do Pass, by Substitute.
HR 328-716. Do Pass.
Respectfully submitted,
Smith of Grady, Chairman.

FRIDAY, FEBRUARY 9, 1962

1513

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

659. Do Pass.

HB 1153. Do Pass.

HB 1154. Do Pass.

HB 1155. Do Pass.

HB 1156. Do Pass.

HB 1158. Do Pass.

HB 1159. Do Pass, as Amended.

HB 1164. Do Pass.

HB 1166. Do Pass.

HB 1167. Do Pass by Substitution.

HB 1168. Do Pass.

HB 1169. Do Pass.

HB 1170. Do Pass.

HB 1171. Do Pass.

HB 1172. Do Pass.

HB 1173. Do Pass.

HB 1174. Do Pass.

HB 1175. Do Pass.

HB 1176. Do Pass.

HB 1180. Do Pass.

HB 1181. Do Pass.

HB 1182. Do Pass.

HB 1183. Do Pass.

HR 447-915. Do Pass.

HR 610-1158. Do Pass.

HR 613-1158. Do Pass.

HR 615-1163. Do Pass, as Amended.

HR 619-1165. Do Pass.

1514

JOURNAL OF THE HOUSE,

HR 620-1165. Do Pass.

HR 621-1176. Do Pass.

HR 622-1176. Do Pass.

SR

131. Do Pass.

Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Caldwell of Upson County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 835. Do Pass. HB 927. Do Pass.
Respectfully submitted, Caldwell of Upson, Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1125. Do Pass. HB 1142. Do Pass. HB 1165. Do Pass, as Amended.
Respectfully submitted, Barnett of Cherokee, Chairman.

FRIDAY, FEBRUARY 9, 1962

1515

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HR 599. Do Pass, as Amended.

HR 625. Do Pass, as Amended.

HR 433-912. Do Pass, as Amended.

HR 649. Do Pass.

HR 650. Do Pass.

Respectfully submitted,

Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1116. Do Pass.

Respectfully submitted, Bolton of Spalding, Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1132. Do Pass by Substitute.
Respectfully submitted,
Bolton of Spalding, Chairman.

1516

JOURNAL OP THE HOUSE,

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 495. Do Pass. SB 229. Do Pass. HB 1157. Do Pass. HB 1205. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 1151. Do Pass. SB 221. Do Pass. SB 193. Do Pass. SR 91. Do Pass. SB 214. Do Pass, as Amended.
Respectfully submitted, McCracken of Jefferson, Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended by the requisite constitutional majority, the following Bills and Resolutions of the House to-wit:

FRIDAY, FEBRUARY 9, 1962

1517

HB 875. By Messrs. Smith of Grady, Fowler of Douglas and others:
A Bill to amend an Act relating to the definition used in the Motor Carrier Act of 1931, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of certain fresh vegetables; and for other purposes.

HR 478. By Messrs. Milhollin and Williams of Coffee:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the Board of Education of Coffee County by the people; and for other purposes.

HR 483. By Messrs. Williams and Andrews of Hall: A Resolution proposing an amendment to the Constitution so as to au thorize the Board of Commissioners of Roads and Revenues of Hall County to establish districts for the purposes of building, erecting, estab lishing, maintaining and operating storm sewers, and a system of gar bage collection within the county; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority, the following Resolution of the Senate to-wit:
SR 142. By Senator Towson of the 16th: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to abolish Justice Courts and the offices of Justices of the Peace and Notary Public ex-officio Justices of the Peace in Laurens County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the-Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority, the following Resolutions of the House to-wit:

HR 42-99. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Mary L. Scogin (State Highway Dept.) ; and for other purposes.

1518

JOURNAL OF THE HOUSE,

HR 175-538. By Messrs. Hall of Floyd, Greene and Crowe of Bartow: A Resolution to compensate H. S. Mahan, Jr.; and for other purposes.

HR 229-668. By Mr. Underwood of Taylor: A Resolution to compensate Lester B. Fallin; and for other purposes.

HR 286-704. By Messrs. Duncan of Carroll and Waldrop of Carroll:
A Resolution to compensate Albert G. Alien for damages to his auto mobile received in a collision with a State Highway Department truck; and for other purposes.

HR 330-727. By Mr. Knight of Berrien: A Resolution to compensate Ralph Mathis; and for other purposes.

HR 343-735. By Mr. Barnett of Wilkes: A Resolution to compensate Carl S. Hopkins; and for other purposes.

HR 354-741. By Mr. Ware of Troup: A Resolution to compensate Mr. M. A. Teal; and for other purposes.
HR 361-755. By Mr. Smith of Emanuel: A Resolution to compensate Derst Baking Company; and for other pur poses.
HR 384-793. By Messrs. Lee of Clinch, Raulerson of Echols and others: A Resolution to propose opening to the public the perimeter road around the Okefenokee Swamp and the sealed dam at the mouth of the Suwanee River; and for other purposes.
HR 486-957. By Mr. Simpson of Wheeler: A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Wheeler County by the County Board of Education; and for other pur poses.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

FRIDAY, FEBRUARY 9, 1962

1519

Mr. Speaker:

The Senate has passed by the requisite constitutional majority, the following Bills and Resolutions of the House to-wit:

HB 954. By Mr. Hale of Dade:
A Bill to amend an Act abolishing the office of Tax Collector and Tax Receiver of Dade County and creating the Office of Tax Commissioner of Dade County; and for other purposes.

HB 960. By Mr. King of Chattahoochee:
A Bill to provide for retirement of certain employees of Chattahoochee County; and for other purposes.

HB 962. By Messrs. Caldwell and Echols of Upson:
A Bill to amend an Act creating a new Charter for the City of Thomaston, so as to provide for the election of six members of the Council of the City of Thomaston; and for other purposes.

HB 968. By Messrs. Caldwell and Echols of Upson:
A Bill to amend an Act creating a new Charter for the City of Thomaston, so as to change and extend the present corporate limits and to de scribe new territory to become a part of the City of Thomaston; and for other purposes.

HB 976. By Mr. McCracken of Jefferson: A Bill to amend an Act creating the Town of Avera; and for other purposes.
HB 981. By Mr. Wilkes of Cook: A Bill to amend an Act consolidating all the laws chartering the City of Adel, so as to increase the corporate limits; and for other purposes.
HR 506-981. By Mr. Hall of Lee: A Resolution authorizing and directing the State Librarian to furnish certain State Law Books to the Ordinary of Lee County; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

1520

JOURNAL OF THE HOUSE,

Mr. Speaker:

The Senate has adopted, by the requisite constitutional majority, the follow ing Resolutions of the House to-wit:

HR 490-962. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing body of the City of Louisville to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and expanding agriculture, trade and commerce therein and in Jefferson County; and for other purposes.

HR 491-965. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A Resolution proposing an amendment to the Constitution to create the Rome-Floyd County Development Authority; and for other purposes.

HR 502-981. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create the Rockdale County-Conyers Water Authority; and for other purposes.

HR 504-981. By Mr. Singer of Stewart:
A Resolution proposing an amendment to the Constitution so as to au thorize Stewart County to provide a natural gas system for said county; and for other purposes.

HR 507-981. By Mr. Parker of Screven:
A Resolution proposing an amendment to the Constitution so as to create the Screven County Development Authority; and for other purposes.

HR 508-981. By Mr. Watson of Houston: A Resolution proposing an amendment to the Constitution so as to create the City of Perry Industrial Building Authority; and for other purposes.
HR 510-981. By Mr. Bynum of Rabun: A Resolution proposing an amendment to the Constitution so as to create the Rabun County Industrial Building Authority; and for other pur poses.

FRIDAY, FEBRUARY 9, 1962

1521

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate has passed, as amended by the requisite constitutional majority, the following Bills and Resolutions of the House to-wit:

HR 512-985. By Messrs. Duncan and Waldrop of Carroll:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Carrollton to issue and sell revenue bonds for the purpose of carrying out slum clearance; and for other purposes.

HR 513-989. By Mr. King of Chattahoochee:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Chat tahoochee County by the Board of Education; and for other purposes.

HR 515-989. By Mr. Doster of Wilcox:
A Resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Wilcox County shall take office on January 1 after the date of their election; and for other purposes.
HR 517-995. By Mr. Jones of Lumpkin:
A Resolution proposing an amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority; and for other pur poses.

HR 528-1005. By Mr. Horton of Putnam:
A Resolution proposing an amendment to the Constitution so as to set the compensation for the Putnam County Tax Collector; and for other purposes.

HB 629. By Messrs. Bolton and Melton of Spalding:
A Bill to amend an Act relating to the relief of disabilities, so as to provide that the notice of application to remove disabilities shall be pub lished once a week for four weeks within a sixty day period preceding the term of court at which the marital disabilities are removed; and for other purposes.

1522

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate has passed, as amended by the requisite constitutional majority, the following Bills of the House to-wit:

HB 769. By Mr. McCracken of Jefferson:
A Bill to amend an Act pertaining to the sale of county owned property; and for other purposes.

HB 774. By Messrs. Smith of Emanuel and Twitty of Mitchell: A Bill to establish a State Commission on Aging; and for other purposes.

HB 782. By Mr. Bolton of Spalding:
A Bill to amend an Act relating to a non-resident testator's estate, so as to provide that non-residents within the second degree of consanquinity may administer the estate of a resident testator; and for other purposes.

HB 787. By Mr. Willingham of Cobb:
A Bill to provide an appropriation, of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor, for the purpose of providing suitable offices for use by the Em ployment Security Agency; and for other purposes.

HB 906. By Messrs. Mixon of Irwin, Waldrop of Carroll and others:
A Bill to amend an Act relating to the licensing and bonding of dealers in agricultural products so as to include eggs within the definition of agricultural products; and for other purposes.

HB 941. By Messrs. Twitty of Mitchell and Underwood of Montgomery:
A Bill to amend an Act relating to the duties of Supervisor of Purchases, so as to remove requirement that the Supervisor of Purchases do procure fidelity bonds covering State employees; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

FRIDAY, FEBRUARY 9, 1962

1523

HB 1145. By Messrs. Brooks, McClelland and Smith of Fulton; Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to ammend an Act establishing a new Charter for the City of Atlanta, and the several acts amendatory there of; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 160. By Messrs. McClelland, Brooks and Smith of Fulton; Rutland, Mackay and Howard, of DeKalb:
A Bill to be entitled an Act to amend an Act to establish a new Charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 659. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Road and Revenues for Fulton County to establish Rules and Regulations governing the payment of pensions to County employees; and for other purposes, and the several Acts amendatory thereof so as to provide additional pension benefits, to repeal conconflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

1524

JOUENAL OF THE HOUSE,

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

HB 1153. By Mr. Lee of Clayton: A Bill to be entitled an Act to amend an Act approved February 14, 1908, incorporating the town of Forest Park, and all acts amendatory thereof; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1154. By Messrs. Newton and Matthews of Colquitt: A Bill to be entitled an Act to amend an Act to create and establish the City Court of Colquitt County in and for the County of Colquitt; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1155. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act fixing the salary of the Treasurer of Haralson County, approved August 16, 1915, as amended, so as to increase the amount of the expense account of the treasurer of Haralson County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 9, 1962

1525

HB 1156. By Messrs. Killian and Flexer of Coweta:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick, Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1158. By Messrs. Payton and Potts of Coweta:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan and the County of Coweta; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1170. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to create the Cobb County Records and Indentification Bureau, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

1526

JOURNAL OF THE HOUSE,

HB 1168. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act entitled an "Act to create a new Charter for the City of Smyrna" so as to repeal and delete Section 77 of the Charter, and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1169. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend the City Charter of Austell, so as to change the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1171. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the judges of said Circuit receive from Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

FRIDAY, FEBRUARY 9, 1962

1527

HB 1172. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to fix the compensation of the Treasurer of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1173. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act fixing the compensation for the Coroner of Cobb County, so as to change the compensation of the Coroner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1174. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to change the compensation of the Sheriff, the Clerk of the Superior Court, the Chief Deputy Sheriff, the Deputy Sheriff, the Chief Deputy Clerk of the Superior Court and the Clerk of the Court of Ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

1528

JOURNAL OF THE HOUSE,

HB 1176. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Eoads and Revenues for Cobb County, so as to change the compensation of the Commissioner and the Deputy Commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1175. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to be entitled an Act to amend an Act consolidating the Offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1180. By Messrs. Crawford, Dickey and Punk of Chatham: A Bill to be entitled an Act to ammend an Act creating the Municipal Court of Savannah, so as to increase the costs of said Court in all criminal and civil proceedings; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 9, 1962

1529

HB 1182. Mr. McDonald of White:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for White County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1181. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to be entitled an Act to amend the several Acts relating to the Mayor and Alderman of the City of Savannah, to extend the corporate limits of the City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1164. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to provide for additional compensation for the Solicitor-General of the Dublin Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,

was agreed to.

i

On the passage of the Bill, the ayes were 112, nays 0.

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

1530

JOURNAL OF THE HOUSE,

HB 1166. By Messrs. Willingham, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend the City Charter of Kennesaw so as to change the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1183. By Mr. Pannell of Murray:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Chatsworth so as to change the corporate limits thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1054. By Messrs. Kimmons of Pierce, Milhollin of Coffee and others: A Bill to be entitled an Act to repeal an Act providing a supplement to the compensation of the Judge of the Superior Courts of the Waycross Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HF 447-915. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay, Rut land and Howard of DeKalb:

FRIDAY, FEBRUARY 9, 1962

1531

A Resolution providing for a commission to study primary, general and special elections held in the City of Atlanta for the nomination and election of public officials for that City; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1159. By Messrs. Ware and Birdsong of Troup, and Steis of Harris: A Bill to amend an Act entitled "An Act to create a new Charter for the City of West Point, in the County of Troup", so as to authorize the City of West Point to provide any type of group insurance, and similar insurance coverage for all regular employees of said City and their dependents; and for other purposes.
The following Committee amendment was read and adopted:
Committee on Local Affairs moves to amend HB 1159 as follows:
By adding at the end of the language quoted as Section 57 in Section I of said Bill the words "or to an agent of such company".

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, as amended, the ayes were 112, nays 0.

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

HB 1167. By Messrs. Teague, Wilson and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act providing a new Charter for the City of Marietta, so as to change the corporate limits of said City; and for other purposes.
The following Committee substitute was read and adopted:

1532

JOURNAL OF THE HOUSE,

A BILL

TO BE ENTITLED

An Act to amend an Act providing a new Charter for the City of Marietta, approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended, so as to change the corporate limits of said City; to change certain provisions relating to the pension fund for firemen and policemen; to change the election date; to provide for run-off elections for members of Council; to provide for two year terms for the Mayor and members of Council; to provide for compensation and expenses for the Mayor; to provide that neither the Mayor nor any member of Council may be City Manager during the term for which elected; to provide for the sale of general obligation bonds of the City on a public bid basis; to provide an effective date; to provide for severability; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. An Act providing a new Charter for the City of Marietta, approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended, is here by amended by adding a new Section to be known as Section 2B which shall read as follows:
"Section 2B. In addition to the area embraced within the cor porate limits described in Section 2 and Section 2A the corporate limits of the City of Marietta shall include all that area embraced and lying within the following described tracts:
Tract A. All that tract or parcel of land lying and being in Land Lots 214, 215, 218 and 219 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

BEGINNING at a point where the South boundary of Land Lot Number 218 intersects the Northern right of way line of Garrison Road, running thence Northwesterly along the Northern right of way line of Garrison Road to a point 175 feet East of the inter
section of the East right of way line of Powder Springs Street and the North right of way line of Garrison Road; running thence Southerly and crossing Garrison Road to a point on the South right of way line of Garrison Road 175 feet East of the intersection of the East right of way line of Powder Springs Road and the South right of way line of Garrison Road; running thence South 36 degrees 10 minutes West, a distance of 233 feet to a point and corner; running thence South 1 degree 8 minutes East for a dis
tance of 65 feet to a point and corner; running thence South 32 degrees 31 minutes1 West for a distance of 70 feet to a point and corner; running thence South 75 degrees 4 minutes East for a distance of 47 feet to a point and corner; running thence South 2 degrees 28 minutes West for a distance of 164 feet to a point and corner; running thence Southwesterly for a distance of 217 feet

FRIDAY, FEBRUARY 9, 1962

1533

to a point and corner; running thence Southeasterly a distance of 300 feet to a point and corner; running thence North 1 degree 30 minutes West for a distance of 282 feet to a point and corner; running thence easterly for a distance of 139 feet to a point and corner; running thence Northeasterly for a distance of 365 feet to a point on the South right of way line of Garrison Road; running thence Northwesterly along the South right of way line of Gar rison Road for a distance of 370 feet to a point and corner; run ning thence Northerly and crossing Garrison Road to a point on the North right of way line of Garrison Road where the North right of way of Garrison Road intersects the Southern boundary of Land Lot Number 218, and point of beginning.
Tract B. All that tract or parcel of land lying and being in Land Lot 286, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

BEGINNING at a point located on the North right of way line of Hill Street, a distance of 506.2 feet East of the intersection of the North right of way line of Hill Street with the East right of way line of North Avenue; and running thence Northerly 242.3 feet to a point on the Northern boundary of Land Lot 286, which is also the present City Limit line of Marietta, Georgia; running thence Easterly along the Northern boundary of Land Lot 286, which is also the present City Limit line of Marietta, Georgia, for a dis tance of 100 feet to a point; running thence South 1 degree East a distance of 246.2 feet to the North right of way line of Hill Street; running thence Westerly along the North right of way line of Hill Street for a distance of 100 feet to a point of beginning.
Tract C. All that tract or parcel of land lying and being in Land Lots 1240 and 1239, of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

BEGINNING on the Southern right of way line of Power's Ferry Road, which is also the present City Limit line of Marietta, Georgia, at a point 131 feet West of the intersection of the Southern right of way line of Power's Ferry Road and the Western right of way line of Wylie Drive; running thence South 60 degrees 40 minutes West, for a distance of 135 feet to a point and corner; running thence South 59 degrees 22 minutes 30 seconds East for a distance of 135 feet to the Western right of way line of Wylie Drive; run ning thence South 56 degrees 8 minutes 30 seconds West along the Western right oT way line of Wylie Drive for a distance of 100 feet to a point and corner; running thence North 57 degrees 54 minutes West for a distance of 142 feet to a point and corner; running thence North 70 degrees 8 minutes 30 seconds West for a distance of 119.5 feet to a point and corner; running thence South 89 de grees 7 minutes West for a distance of 200 feet to a point and corner; running thence North 9 degrees 53 minutes 30 seconds East for a distance of 279.7 feet to a point on the South right of way of Power's Ferry Road which is also the present City Limit line of Marietta, Georgia; running thence Southeasterly along the South right of way line of Power's Ferry Road and the present City Limit line of Marietta, Georgia, for a distance of 509 feet to the point of beginning.

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JOURNAL OP THE HOUSE,

Tract D. All that tract or parcel of land lying and being in
Land Lot No. 1017, 1071, 1072, and 1073, of the 16th District and 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

BEGINNING on the Northern boundary of Land Lot No. 1073 at a point 82.5 feet West of the Northeast corner of Land Lot No. 1073; said beginning point is also where the present City Limit line of
Marietta, Georgia, intersects the Northern boundary of Land Lot No. 1073; running thence Easterly along the Northern boundary of Land Lot No. 1073 for a distance of 82.5 feet to the Southwest corner of Land Lot No. 1017; running thence Northerly along the Western boundary of Land Lot No. 1017 for a distance of 280 feet to a point; running thence Northeasterly for a distance of 482 feet
to a point and corner; running thence Southeasterly for a distance of 300 feet to a point and corner; running thence Southwesterly for
a distance of 15 feet to a point and corner; running thence South easterly for a distance of 485 feet to a point and corner; running thence Northeasterly for a distance of 15 feet to a point and cor ner; running thence Southeasterly along a line 300 feet South of and parallel to the South right of way line of the US 41 Highway for a distance of 300 feet to a point and corner; running thence Northeasterly for a distance of 300 feet to a point on the South right of way line of US 41 Highway; running thence Southeasterly along the South right of way line of US 41 Highway for a distance of 50 feet to a point and corner; running thence Southwesterly for a distance of 315 feet to a point and corner; running thence South easterly along a line 315 feet South of and parallel to the South right of way line of US 41 Highway for a distance of 475 feet to a point and corner; running thence Southwesterly for a distance of 335 feet to a point and corner in the center line of a branch; running thence Northwesterly and following the meandering of
said branch for a distance of 425 feet to a point and corner; run ning thence Southwesterly for a distance of 255 feet to a point and corner; running thence Southerly for a distance of 177 feet to a point and corner on the Southwesterly side of the right of way easement of the Georgia Power Company and the present City Limit line of Marietta, Georgia; running thence Northwesterly along the Southwesterly line of the said right of way easement of the Georgia Power Company and the present City Limit line of Marietta, Georgia for a distance of 1335.3 feet to the Northern boundary of Land Lot 1073 and the point of beginning.

The above described property is shown more clearly on a plat made by J. P. Phillips, Surveyor, dated May 7, 1959, and is re corded in Plat Book 19, Page 124, Cobb County Records and contains 21.2 acres.

Tract E. All that tract of parcel of land lying and being in Land Lot Number 1222, of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

BEGINNING on the South right of way line of Faith Street, at a point 470 feet East of the intersection of the East right of way line of Lindley Avenue and the South right of way line of Faith Street;

FRIDAY, FEBRUARY 9, 1962

1535

said beginning point is also where the present City Limit line of Marietta, Georgia, intersects the South right of way line of Faith Street and is the Northeast corner of Lot No. 9, Glad Acres Subdivision; running thence Southerly along the present City Limit line of Marietta, Georgia, and the Eastern boundary of Lot Num ber 9, Glad Acres Subdivision, for a distance of 155 feet to the Southwest corner of Lot Number 8, Glad Acres Subdivision; run ning thence Easterly along the present City Limit line of Marietta, Georgia, and the Southern boundaries of Lot Number 8 and 7, of Glad Acres Subdivision, for a distance of 175 feet to the Southeast corner of Lot Number 7, Glad Acres Subdivision; running thence South 3 degrees 12 minutes East along the present City Limit line of Marietta, Georgia, for a distance of 318.5 feet to a point and corner; running thence North 89 degrees 8 minutes West for a distance of 243.7 feet to a point and corner; running thence North 4 degrees 37 minutes West for a distance of 305.9 feet to the South west corner of Lot Number 9, Glad Acres Subdivision; thence con tinued North 4 degrees 37 minutes West along the Western bound ary of Lot Number 9, Glad Acres Subdivision for a distance of 155 feet to the South right of way of Faith Street; running thence Easterly along the South right of way line of Faith Street for a distance of 75 feet to the Northeast corner of Lot Number 9, Glad Acres Subdivision and the point of beginning.

Tract F. All that tract or parcel of land lying and being in Land Lot 576, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

BEGINNING at the Northeast corner of Land Lot 576 which lies on the District line separating the 16th and 17th Districts, said District line is also the present City Limit line of Marietta, Georgia; running thence Southerly along the Eastern boundary of Land Lot No. 576 for a distance of 900 feet to the Northeast corner of Lot No 56 of the G. R. Bentley Subdivision; running thence Westerly along the North lot line of said lot No. 56 for a distance of 240 feet to the Northwest corner of said Lot No. 56 which lies on the Eastern right of way line of Lovena Road; running thence South westerly and crossing Lovena Road to the Northeast corner of Lot No. 55 of the G. R. Bentley Subdivision; running thence North westerly along the North lot line of Lot Nos. 55, 54 and 53 of the G. R. Bentley Subdivision for a distance of 180 feet to a point on the present City Limit line of Marietta, Georgia; running thence Northerly along said City Limit line for a distance of 681 feet to a point and corner; running thence Northwesterly and Northerly along said Marietta City Limit line for a distance of 379.6 feet to the District line separating the 16th and 17th District; said District line is also the present City Limit line of Marietta, Georgia; running thence easterly along said District line and present City Limit line of Marietta, Georgia, to the Northeast corner of Land Lot 576 and point of beginning."

Section 2. Said Act is further amended by striking Section 1H in its entirety and inserting in lieu thereof a new Section 1H to read as follows:

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JOURNAL OF THE HOUSE,

"Section 1H. Any participating employee leaving the services of the City of Marietta for any reason other than retirement under the provisions of this Act, shall be refunded the actual amount of money that he has paid into the fund; provided, however, that any participating employee who leaves the service of the City of Marietta and withdraws the amount of his contribution to this fund as provided in this Section, and subsequently again becomes eligi ble to participate in the fund, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum into said fund."

Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. The present Mayor and Councilmen of the City of Marietta shall continue in office during the terms for which they were elected, and on the second Wednesday in October, 1963, and bienially on said day thereafter an election shall be held in said City for a Mayor and seven Councilmen. Said election shall be held by a Justice of the Peace, or ex-officio justice of the peace, and two freeholders of said city, or by three freeholders of said city; but no person who is a candidate for office at said election shall act as a manager, or clerk, thereof. The polls at the city hall shall be opened at 7:00 a.m. and shall be kept open until 7:00 p.m., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, subject to the run-off provisions hereinafter set forth for Councilmen who do not receive a majority of the votes in their respective wards, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of city council on the book of minutes, or other book kept for such purpose. The Mayor and the City Council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except he be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as provided for in the Charter of Marietta. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. The Mayor shall be elected by the voters of the entire city and this shall apply to all primary, general and special elections. The Mayor and all members of Council shall serve for terms of two years. Neither the person serving as Mayor nor any person serving as a member of Council shall be eligible to serve as City Manager during the term for which any such person is elected Mayor or member of Council. In order to be eligible to serve as Mayor or a member of Council a person must be a freeholder of the City."

Section 4. Said Act is further amended by adding a new Section to be known as Section 3A to read as follows:

FRIDAY, FEBRUARY 9, 1962

1537

"Section 3A. Any other provisions of this Act or any other Act to the contrary notwithstanding, the Mayor shall receive as compensation the sum of $7400.00 per annum, plus his actual ex penses incurred in the performance of his official duties oh Mayor. He shall not be reimbursed for any such expenses unless and until
he has submitted itemized vouchers therfor to the Council and such vouchers have been approved by Council. He shall also receive the sum of $600.00 per annum for service as a member of Lights and Waterworks. The sums provided herein shall be his full and complete compensation and shall receive no other compensation, salary, per diem, expenses, allowances, or any other emoluments or perquisites
whatsoever. The sums provided above shall be paid in equal monthly installments from the funds of Marietta and its Board of Lights and Waterworks."

Section 5. Said Act is further amended by adding a new Section to be known as Section 3B to read as follows:

"Section 3B. In order to be elected as a Councilman from a ward a canridate must receive a majority of the votes in such ward. In the event no candidate receives the majority of the votes, a run off election shall be held between the two candidates receiving the highest number of votes. Such run-off election shall be held two weeks from the date of the regular election. In the event any political party holds a primary, the nominee of such party must receive the majority of the votes in the ward, and if no person re ceives such majority a run-off primary shall be held two weeks from the regular primary. Any primary must be held on a date which will allow sufficient time for persons to qualify in the regu lar city election after such primary, or in the event of a run-off primary."

Section 6. Said Act is further amended adding a new Section to be known as Section 3C to read as follows:

"Section 3C. All general obligation bonds of the City of Mari etta shall be sold on a public bid basis after advertising therfor. The governing authority of the City shall publish the request for bids once a week for two weeks immediately preceding the date specified for the recept of such bids in the official organ of Cobb County, and in a national financial publication."

Section 7. The provisions of this Act shall become effective April 1, 1962.
Section 8. 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 was 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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JOURNAL OF THE HOUSE,

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill by Substitute, was agreed to.

On the passege of the Bill, by substitute, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Under the General Order of business established by the Committee, on Rules the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 614-1163. By Messrs. Phillips of Bibb, Taylor of Bibb and Thornton of Bibb: A Resolution relative to Wesleyan College; and for other purposes.

, The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 104, nays 2.

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

HR 425-891. By Messrs. Matthews and Newton of Colquitt: A Resolution to designate the State Park located on the Little River in Colquitt, Cook and Tift Counties as the "Reed Bingham State Park" and "Bingham Lake"; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 9, 1962

1539

HB 1018. By Messrs. Barnett of Wilkes, Williams of Hall and others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to make it unlawful to sell mufflers which cause excessive noise; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Andrews of Hall Arnsdorff Ballard Barnett of Baker Barnett of Wilkes Baughman Birdsong Black Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Brooks of Fulton Brown Budd Chance Clark of Catoosa Clarke of Monroe Cloer Culpepper Deen Dollar Doster Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming Flexer Floyd
Flynt Fowler of Douglas Fowler of Treutlen Funk

Greene Hale Hall of Floyd Harrell Henderson Hull Joiner Keadle Kidd Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lowrey Mackay McCracken McCutchen Melton Milhollin Miller Mixon Moore Morgan Morris Moss Mullis Murphy Newton Parker of Ware Parker of Appling Farmer Payton

Pelham

Poole

Phillips of Columbia

Potts

Purcell

Roberts

Rodgers of Charlton

Rowland

Rutland

Scoggin

Shuman

Simmons

- .'

Sinclair

Smith of Grady

Smith of Habersham

Smith of Whitfield

Steis

Story

Stuckey

Tamplin

Taylor of Dawson

Teague

Thornton

Twitty

Vaughn

Waldrop

Walker of Telfair

Ware

Watson

Wells of Peach

Wells of Oconee

Williams of Floyd

Williams of Hall

Willingham

Wilson

Young

1540

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Jones of Lumpkin.

Those not voting were Messrs.:

Abney Akins Andrews of Stephens Barber Barrett Boggs Bozeman Branch Brantley Brooks of Oglethorpe Busbee Bynum Caldwell Chandler Cocke Coker Collins Conner Cox Crawford Crowe Davis Dickey Dicus Dorminy
Dunn Pordham Fuqua Hall of Lee Hill Hodges Horton

Howard Hurst Johnson Jones of Liberty Jones of Worth Jones of Sumter Jordan Kelly Keyton Killian Killingsworth Kimmons King Lewis of Burke Lokey Lovett Massee Matthews of Clarke Matthews of Colquitt McClelland McDonald McGarity Moate Mo<\rman NeSmith Odom Otwell Pennell Paris Parker of Screven Phillips of Watson Phillips of Bibb

Pickard Rainey Raulerson Rogers of Paulding Roper Ross Sangster Scarborough Sheffield Simpson Singer Smith of Brantley Smith of Fulton Stevens Strickland Tabb Taylor of Decatur Taylor of Bibb Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Walker of Lowndes1 Wells of Camden White Wickham Wilkes Woodward Mr. Speaker

On the passage of the Bill, the ayes were 110, nays 1.

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

HB 907. By Mr. Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code of 1960" so as to provide new tables as minimum valua tion standards for industrial life insurance policies; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 9, 1962

1541

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Barnett of Baker Barrett Baughman Black Blalock Bolton Bowen of Randolph Boyett Brown Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Coker Collins Cox Deen Dollar Duncan of Fannin Duncan of Carroll Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Harrell

Henderson Howard Hull Joiner Jones of Worth Kidd Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lowrey Mackay Matthews of Clarke McClelland McCracken McCutchen Melton Milhollin Miller Morgan Morris Mullis Murphy Newton Otwell Paris Parker of Ware Farmer Payton Phillips of Columbia Pickard Poole

Potts Purcell Rainey Roberts Ross Rutland Sangster Shuman Simpson Sinclair Smith of Whitfield
Steis Story Strickland Stuckey Tamplin Taylor of Dawson Taylor of Bibb Thornton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee Wickham Williams of Coffee Willingham Woodward Young

Those not voting were Messrs.:

Adams Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Birdsong Boggs Bowen of Toombs

Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Budd Busbee Cloer

Cocke Conner Crawford Crowe Culpepper Davis Dickey Dicus Dorminy

1542

JOURNAL OF THE HOUSE,

Doster Dunn Echols Flynt Fowler of Treutlen Fuqua Hale Hill Hodges Horton Hurst Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Killian Killingsworth Kimmons King

Langford Lokey Lokey Lovett Massee Matthews of Colquitt McDonald McGarity Mixon Moate Moore Moorman Moss NeSmith Odom Pannell Parker of Screven Parker of Appling Pelham Phillips of Walton Phillips of Bibb Raulerson Rodgers of Charlton

Rogers of Paulding Rowland Scarborough Scoggin Sheffield Simmons Singer Smith of Grady Smith of Brantley Smith of Fulton Stevens Tabb Taylor of Decatur Teague Todd Tucker Walker of Lowndes Ware Wells of Camden White Wilkes Wilson Mr. Speaker

On the passage of the Bill the ayes were 106, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 915. By Messrs. Lowrey of Floyd, Fowler of Douglas and others: A Bill to be entitled an Act to amend an Act known as the Georgia Seed Law, to provide that it shall be unlawful for any person to sell or offfer for sale treated seed for feed purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Arnsdorff Ballard

Barber Barnett of Baker Barrett Baughman

Birdsong Black Blalock Bowen of Toombs

FRIDAY, FEBRUARY 9, 1962

1543

Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Budd Bynum Chanca Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Culpeppei1 Deen Dollar Dostei1 Duncan of Fannin Duncan of Carroll Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Hull

Joiner Jones of Worth Jones of Lumpkin Keadle Kelly Kidd Killian Kirkland Knight of Laurens Knight of Berrien Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen Melton Milhollin Mixon Morgan Morris Moss Mullis Murphy NeSmith Newton Otwell Paris Parker of Ware Parker of Appling Farmer Payton

Pelham Phillips of Columbia Poole Purcell Rainey Roberts Rowland Sangster Shuman Sinclair Singer Smith of Habersham Smith of Whitfield Steis Stevens Story Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Williams of Hall Wilson Woodward Young

Voting in the negative was Mr. Andrews of Stephens:

Those not voting were Messrs.:

Adams Andrews of Stephens Barnett of Wilkes Boggs Bolton Bowen of Randolph Brackin Branch

Brantley Busbes Caldwell Conner Crawford Crowe Davis Dickey

Dicus Dorminy Dunn Echols Fuqua Hodges Horton Howard

1544

JOURNAL OF THE HOUSE,

Hurst Johnson Jones of Liberty Jones of Sumter Jordan Keyton Killingsworth Kimmons King Lane Lee of Clayton Lokey Matthews of Colquitt McDonald McGarity Miller Moate Moore

Moorman Odom Pannell Parker of Screven Phillips of Walton Phillips of Bibb Pickard Potts Raulerson Rodgers of Charlton Rogers of Paulding Roper Ross Rutland Scarborough Scoggin Sheffield Simmons

Simpson Smith of Grady Smith of Brantley Smith of Fulton Strickland Stuckey Tabb Taylor of Decatur Tucker Underwood of
Montgomery Wells of Camden White Wilkes Williams of Coffee Willingham Mr. Speaker

On the passage of the Bill, the ayes were 128, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
HB 1132. By Messrs. Smith of Emanuel, Steis of Harris, Flexer of Glynn and others:
A Bill to be entitled an Act to fix and establish the salary and expense allowances to be paid elective Constitutional officers and other elected and appointed officials of this State; and for other purposes.

The following Committee substitute was read:

A BILL
To be entitled an Act to fix and establish the salary and expense allowances to be paid elective Constitutional officers and other elected and appointed officials of this State; to provide that the salaries and expense allowances fixed by this Act shall be in lieu of all other com pensation and allowances for such officers; to repeal an Act approved March 12, 1953 (Ga. Laws 1953, January-February Session, page 613) providing a method of fixing, limiting, and restricting the salary, allow ances and travel expenses to be paid to elected officials and other officers of the State, as amended; to provide an effective date; to repeal all laws, resolutions, executive orders and budget approvals in conflict with this Act and all laws, resolutions, executive orders and budget approvals the operation of which were suspended by said Act of March 12, 1953, as amended; and for other purposes.

FRIDAY, FEBRUARY 9, 1962

1545

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1 Statement of Legislative Purpose and Intent. The Constitution of the State of Georgia, while providing the amount of compensation for certain elected officers of this State, provides that the General Assembly may prescribe other and different salaries for such officers, but shall not diminish the amount of any salary set forth in the Constitution. Pursuant to Constitutional authority, the General Assembly has from year to year enacted numerous laws changing the salaries and allow ances of numerous State officers, individually and piecemeal, so that many injustifiable inequalities have and do exist, which will continue to increase until consideration is given to all such officers generally and collectively. The Act approved March 12, 1953 (Georgia Laws 1953, January-February Session, page 613), purporting to provide a uniform method of fixing, limiting and restricting the salary, allowances and travel expenses of certain officers therein named, having been amended by every session of the General Assembly since its enactment, on thirteen occasions, is no longer operating in a uniform manner to effectively fix, limit and restrict such salaries and allowances, and other Bills are now pending before the General Assembly to further amend same. There is also pending in the General Assembly a Resolution to amend the Con stitution so as to provide that such changes shall not become effective during the term of office in which such changes are made, which pro vision is similar to that contained in the original Constitution of 1945. All of the foregoing facts demonstrate the concern of the General As sembly and the necessity for elimination of the psrpetuation of such piecemeal and sometimes inequitable legislation. It is, therefore, the intent of this Act to fix a definite, readily ascertainable and certain amount as salary for each of such officers by general and collective consideration of all of them, respectively, and to provide for reimburse ment of their actual and necessary expenses personally incurred by them in the performance of their duties, and at the same time limit all emeritus positions to a maximum of $12,000 per annum.

SECTION 2

From and after the effective date of this Act, the following officers shall receive an annual salary in the amount set forth by their respective titles below, payable monthly:

(a) Governor

$30,000

(b) Chief Justice and Associate Justices of the Supreme Court, Chief Judge and Associate Judges of the Court of Appeals and At torney General

22,500 each

(c) Secretary of State State Treasurer Comptroller General Commissioner of Agriculture Commissioner of Labor State School Superintendent State Auditor

20,000 20,000 20,000 20,000 16,000 20,000 20,000

1546

JOURNAL OF THE HOUSE,

Members of Public Service Commission

20,000

Chairman, State Highway Board

19,000

Members, other than Chairman of State

Highway Board

18,500

Supervisor of Purchases

14,000

State Revenue Commissioner

18,500

1

Director of Department of Public Safety

12,500

Superintendent of Banks

14,000

:

Director of Game and Pish

14,000

Director of Department of Commerce

12,000

Director of Department of Public Welfare

16,000

Director of Department of Parks

12,000

Director of Forestry Commission

13,000

Director of Department of Public Health

20,000

Director of the Board of Compensation

15,000

Director of Department of Corrections

16,000

Director of Department of Veterans Service

11,000

SECTION 3

The salaries provided for the foregoing officers by the preceding Section 2 of this Act shall be cumulative of, and in lieu of, all other salaries, fees, compensation, allowances, and perquisites of such offices, of every nature, and including services performed by such officers on all boards, commissions and agencies of the State Government to which such officers belong or serve by virtue of their office. Except augmen tation received by reason of programs wholly financed by Federal grants. .Such officers shall, however, be entitled to reimbursement for all actual
and necessary expenses incurred by them in the performance of their official duties, including mileage allowance for use of their personal automobiles, in the same manner and to the same extent as other State employees. Each such official or board of officials, subject to the pro visions of the Budget Act, is hereby authorized to fix the annual com pensation of all persons in the employ of their respective agency or department, provided said compensation is not regulated under the rules of the State Personnel Board.

SECTION 4

Notwithstanding any other provisions of this Act or any other Act or law, no more than $18,000 of the salary herein fixed and established for said officers shall be considered in determining payments upon their appointment to any emeritus position created by law for any such offices. All salary, expenses and allowances paid to such officers in excess of the sum of $18,000 annually shall be disregarded in calculating the amounts due to any such officers under an emeritus appointment.

SECTION 5

It shall be the duty of the Governor, through the Budget Bureau, to transmit to the Speaker of the House of Representatives and to the President of the Senate for distribution to the members of the respective bodies at least ten days after the convening of the General Assembly each year a list of all State officials, employees and agents, paid in

FRIDAY, FEBRUARY 9, 1962

1547

whole or in part by State funds who were paid compensation, by salary or in any other form, or by a combination thereof, of $12,000.00 or more during the preceding calendar year, or whose salary and all other forms of compensation paid from State funds was, at the close of the preceding calendar year, fixed, paid or payable in monthly or other periodic in stallments of such amount as would, if paid over a full calendar year, equal or exceed the sum of $12,000.00, and to certify the completeness and accuracy of such list.

SECTION 6

In the event any section, paragraph, sentence or clause of this Act shall be declared invalid for any reason by any court of competent juris diction, such decision shall not affect the validity of the remaining por tions of this Act, it being expressly declared that the provisions hereof are severable.

SECTION 7
The Act approved March 12, 1953 (Georgia Laws 1953, JanuaryFebruary Session, page 613), providing a uniform method of fixing, limiting and restricting the salary, allowances and travel expenses to be paid to the officials therein named, such as the Governor, each Judge of the Supreme Court and of the Court of Appeals, the Secretary of State, State Treasurer, Comptroller General, Attorney General, Com missioner of Labor, Commissioner of Agriculture, Superintendent of Schools, each member of the Public Service Commission, each member of the State Highway Board, and the State Auditor, together with all amendments thereto which are in conflict with this Act, are hereby repealed in their entirety.

SECTION 8
The provisions of this Act shall become effective January 1, 1963.
SECTION 9
All laws and parts of laws, resolutions, executive orders and budget approvals in conflict with this Act are hereby repealed, including all laws, resolutions, executive orders and budget approvals the operation of which were suspended by said Act of March 12, 1953 (Georgia Laws 1953, January-February Session, page 613), as amended.

The following amendments to the Committee substitute were ready and adopted:
Bolton of Spalding and Murphy of Haralson moves to amend HB 1132 as follows:
By adding at the end of Section 4 the following:

1548

JOURNAL OP THE HOUSE,

"Notwithstanding any other provisions of this Act, or any other law to the contrary, the payment under any Emeritus posi tion for the Commissioner of Labor shall be determined on the basis of $18,000.00 per annum, regardless of the amount of com pensation actually received by the Commissioner per annum."

Mr. Smith of Emanuel moved to amend the Committee substitute to HE 1132 as follows:
By striking from the first sentence of Section 3 thereof the words "cumulative of and". and by striking the period after the word office in the first sentence of Section 3 and inserting a comma. and by making the capital letter E in the word Except in the first sentence of Section 3 a small letter e.
Mr. Lovett of Laurens offered an amendment which was lost.

The substitute was adopted as amended.
The report of the Committee, which was favorable to the passage of the Bill by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Andrews of Stephens Arnsdorff Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton
Bowen of Randolph Bowen of Toombs
Boyett Bozeman Brooks of Oglethorpe
Brooks of Fulton Brown

Budd Bynum Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Deen
Dickey Dollar
Dorminy Doster Duncan of Fannin
Duncan of Carroll Dunn

Echols Fitzgerald Fleming Flexer Floyd Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Floyd Harrell
Horton Howard
Hull Hurst Joiner
Jones of Worth Jones of Lumpkin

FRIDAY, FEBRUARY 9, 1962

1549

Keadle Kelly Killian King Knight of Laurens Knight of Berrien Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McGarity Melton Milhollin Mixon Moore Morgan Morris Murphy Ne Smith

Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Bibb Pickard Poole Potts Purcell Rainey Roberts Rodgers of Charlton Ross Rutland Sangster Scoggin Shuman Simpson Sinclair Smith of Grady Smith of Fulton

Smith of Whitfield Steis Stevens Story Tamplin Taylor of Dawson Taylor of Bibb Thornton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Williams of Coffee Willingham Wilson Woodward Young

Those voting in the negative were Messrs. :

Chandler Kidd Miller

Phillips of Columbia Rowland Simmons

Smith of Habersham Williams of Hall

Those not voting were Messrs.:

Abney Akins Andrews of Hall Barber Boggs Brackin Branch Brantley Busbee Coker Crawford Crowe Culpepper Davis Dicus Flynt Fordham Fuqua

Hall of Lee Henderson Hill Hodges Johnson Jones of Liberty Jones of Sumter Jordan Keyton Killingsworth Kimmons Kirkland Lane Lee of Clinch Lokey Lovett Matthews of Colquitt McCracken

McDonald Moate Moorman Moss Mullis Pannell Parker of Screven Phillips of Walton Raulerson Rogers of Paulding Roper Scarborough Sheffield Singer Smith of Brantley Strickland Stuckey Tabb

155(5

JOURNAL OP THE HOUSE,

Taylor of Decatur Teague Todd

Tucker Wells of Camden White

Wickham Wilkes Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 134, nays 8.

The Bill, having received the requisite constitutional majority, was passed by substitute, as amended.

Mr. Andrews of Hall stated that he was absent from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 1132.

Mr. Otwell of Porsyth stated that he was absent from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 1132.

By unanimous consent, the following Resolutions of the House were read and adopted:

HR 649. By Messrs. Keyton of Thomas, Parker of Screven, and others:
A RESOLUTION
To authorize the Education Committee of the House to make further studies and analyses of educational problems; and for other purposes.
WHEREAS, the Educational Study Committees of 1961 accom plished outstanding results in the educational field giving to the Legis lature much vital and needed information to improve operation of the educational system; and
WHEREAS, the State expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Legis lature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Education Committee of the House be authorized to make such further studies and analyses of educational problems as is deemed necessary. The Chairman of said Committee shall

FRIDAY, FEBRUARY 9, 1962

1551

have authority to assign individual members to such subcommittees as he deems necessary. Said Committee is authorized to employ such pro fessional and clerical assistance as it requires and shall set their com pensation as authorized by the Speaker of the House of Representatives and incur necessary expense for supplies, etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and com plete investigation and analyses of educational matters, as authorized by the Speaker of the House of Representatives. The members of said Committee shall receive per diem and expenses as provided by Law for interim committees. The Committee shall have 10 days per member for necessary meetings. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

HR 650. By Messrs. Brooks of Oglethorpe, Ross of Lincoln, and others:
A RESOLUTION
To authorize the University System of Georgia Committee of the House to make further studies and analyses of educational problems; and for other purposes.
WHEREAS, the Educational Study Committees of 1961 accom plished outstanding results in the educational field giving to the Legis lature much vital and needed information to improve operation of the educational system; and
WHEREAS, the State expends over 50% of its tax funds in the field of education; and
WHEREAS, it was apparent to said Committees that a much broader analytical study should be made in order to coordinate proper solutions and to provide needed information to the members of the Leg islature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the University System of Georgia Commit tee of the House be authorized to make such further studies and analyses of educational problems as it deemed necessary. The Chairman of said Committee shall have authority to assign individual members to such subcommittees as he deems necessary. Said Committee is authorized to employ such professional and clerical assistance as it requires and shall set their compensation as authorized by the Speaker of the House of Representatives and incur necessary expense for supplies, etc. Said Committee is hereby authorized to make such trips as it deems necessary for a full and complete investigation and analyses of educational mat ters as authorized by the Speaker of the House of Representatives. The members of said Committee shall receive per diem and expenses as pro vided by Law for interim committees. The Committee shall have ten (10) days per member for necessary meetings. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

1552

JOURNAL OP THE HOUSE,

The hour of convening having arrived, the Senate appeared upon the floor of the House for the purpose of hearing an address by Honorable John H. Plynt, Jr. and was called to order by the President of the Senate.

The Secretary of the Senate read HR 439 providing for the Joint Session.

Accompanied by the Committee of Escort and other distinguished guests Congressman Flynt of the 4th Congressional District was escorted to the Speaker's stand.

The President of the Senate recognized Representative Payton of Coweta who presented Miss Paula Johnson, Governor of Girl's State, who delivered the following address:
REPRESENTATIVE FLYNT AND MEMBERS OF THE GEN ERAL ASSEMBLY OF GEORGIA:
Being Governor of Georgia Girl's State has been a great privilege and a very challenging experience. Yet, I feel that this presentation today has been and will continue to be the highest point of my office. I never think of Girl's State without realizing that only in America can a group of young people meet to study and practice Christian ethics in government and observe Democracy in action.
Therefore, I feel the occasion very fitting to reiterate and restate the American's Creed as it applies to young and old alike.
"I believe in the United States of America as a government of the people, by the people,.for the people, whose just powers are derived from the consent of the governed; a Democracy in a Republic; a sovereign nation of many sovereign states; a perfect union, one and inseparable; established upon those principles of freedom, equality, justice, and hu manity for which American patriots sacrificed their lives and fortunes ... I, therefore believe it is my duty to my country to love it; to sup port its Constitution; to obey its laws; to respect its flag; and to de fend it against all enemies.
It is with a great deal of pleasure that I accept this--our national flag--and I shall forever revere, honor, and respect it as a flowing symbol of freedom throughout the world. May God guide you--the legis lative leaders of our prosperous State--in all your future endeavors.
Thank you.

The President recognized Representative Potts of Coweta who presented Joe McNabb, Governor of Boy's State.

FRIDAY, FEBRUARY 9, 1962

1553

Mr. McNabb in well chosen words outlined the beliefs and work of Boy's State.

Lieutenant Gov. Byrd presented Congressman Flynt, to the General Assembly, with the following introductory remarks:
It is my pleasure today to present to you gentlemen of the General Assembly, one of Georgia's most distinguished sons.
The fact that he is a former member of the Georgia General As sembly makes it an even greater pleasure. He served in the House of Representatives in 1947 and 1948.
Jack Flynt is now in his fourth term as a member of the Georgia delegation to the National Congress.
He has served the citizens of Georgia well, both in Congress and at home.
Before being elected as a Representative of the Fourth Congres sional District in 1954, Jack Flynt served in numerous high posts within this State.
To name a few, he was President of the Georgia Bar Association, President of the Solicitor General Association of Georgia, a member of the House of Representatives of Spalding County and a member of the Board of Governors of Georgia Military Academy.
Jack Flynt, as a member of the National Congress, has consistently fought for a conservative form of government despite the fact that he has frequently been in the minority.
In this fight, he has often found himself battling for continuation of our Southern way of life.
Some battles have been lost. Others were won. But, Jack Flynt has always fought with honor.
I consider it indeed an honor to present to you at this time, the Honorable John J. Flynt, Congressman from the Fourth Congressional District of Georgia.

Congressman Flynt expressed his deep appreciation for having been invited on three occasions to address the General Assembly and in his usual capable man ner discussed the many problems confronting the American people.

In accordance with HR 476, Honorable Carl Vinson, Governor Vandiver and other distinguished guests appeared upon the floor of the House.

1554

JOURNAL OP THE HOUSE,

Lieutenant Gov. Byrd gave the following presentation of Congressman Carl Vinson of the 6th Congressional District:

GOVERNOR VANDIVER, CONGRESSMAN FLYNT, SPEAKER SMITH, OUR DISTINGUISHED GUEST, AND MEMBERS OF THIS GENERAL ASSEMBLY . . .

Seldom in the history of these great United States has any man achieved the recognition in his home State, in his nation, and through out the world, as has our distinguished and honored speaker this morning.

He has been called the father of the modern two-ocean Navy . . .

The elder statesman of aviation ...

Backstage Boss of the Pentagon . . . and

The guardian of our nation's armed forces, and many similar com mendatory titles.

Prior to the untimely death of the Honorable Sam Rayburn, our distinguished guest was second, in length of service, only to the late and revered Speaker of the House in the National Congress.

Now, only the Honorable Clarence Cannon of Missouri, Emanuel Celler and John Taber of New York, come anywhere near matching his record of service.

For the record, he's got a FIVE-TERM LEAD ON THEM, so there's no way they can catch him.

His entire career in the Congress has included many significant milestones in the bolstering of the United States military forces.

Many times he stood alone in fighting legislation which he believed would jeopardize the proper defense of our country.

As Chairman of the House Armed Services Committee he has been the ETERNALLY VIGILANT CHAMPION of the military services ... of the nation's security . . . and the defender of the VERY LIVES OF ALL OUR PEOPLE.

We are honored to have him here with us today, in order that we might sufficiently recognize his distinguished service, by receiving this portrait of him, so that it can be displayed in these hallowed halls.

It is my pleasure, therefore, to present to you, the Honorable Carl Vinson of Milledgeville, SENIOR MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES.

Mr. Vinson ...

FRIDAY, FEBRUARY 9, 1962

1555

His entire record, is a monument of unbiased service . . .

To his fellow man . . .

To his State . . .

To his nation . . .

Always, based solely on what is FOR THE GOOD OF THE COUNTRY.

Men are not born great. They are born, as was Carl Vinson, with a capacity to BECOME great.

If, in periods of emergency, their every decision is selfless, and each vote they cast is for the good of the country, they will become good men and great patriots.

This, my friends, is Carl Vinson ... a great Georgian, a great American ... a great patriot.

Honorable Carl Vinson gave the following address:
GOVERNOR VANDIVER, LIEUTENANT GOVERNOR BYRD, MR. SPEAKER, MR. SECRETARY OF STATE, DISTINGUISHED MEMBERS OF THE GENERAL ASSEMBLY:
It is not often that a man has an opportunity to observe his own likeness in a State Capitol.
But if I may offer my own dedication to this event, then allow me to say that I hope this portrait will be looked upon as proof that no son or daughter of Georgia can aspire to greater personal satisfaction and happiness than to serve the people of his State, whether it be in this legislative body, the Congress of the United States, or any branch of government.
I shall always cherish the hope that those who look at this portrait, will be reminded that it is here only because of the opportunity which democracy gives to those who are willing to serve it!
This is the proudest and most humble moment of my life.
Never before has such honor and distinction been bestowed upon me*
No one could receive a greater reward than to be privileged to ad dress the General Assembly of Georgia.

1556

JOURNAL OP THE HOUSE,

But to hear the kind and overly-generous remarks about me, and also the placing of my portrait in this Capitol, raises this event to a magnitude I do not deserve, but which will live in my memory forever.

It is impossible for me to express in words my gratitude and grate fulness to the members of this great legislative body for the honor you pay me today.

No event in my past life, and no event in my future, can ever equal this day.

In fact, the only other incident in my life that can approach the sense of humbleness and pride that I feel today occurred 53 years ago when I took my oath of office here as a member of the House from the County of Baldwin.

It was my high privilege to serve in the House from 1909 to 1912.

My mind's eye today ranges over the procession of the great Geor gians who have served the people in this hall.

I recall vividly some of the distinguished members of the House with whom I served--men such as Joe Hill Hall of Bibb County, Seeb Wright of Ployd, Hooper Alexander of DeKalb, Boykin Wright of Richmond, Alex Lawrence and Randolph Anderson of Chatham, J. J. Flynt of Spalding, W. H. Burwell of Hancock -- and many others who wrote their names with distinction high in the annals of Georgia history.

Their legislative foresight contributed much to the present great ness of this State.

In my last term, I was honored by my colleagues of the House by being elected Speaker Pro Tern.

How well do I recall my feelings when I was called upon to take the gavel and preside over this House during the Speakership of that great Georgian--John Holden of Jefferson.

Memories crowd upon me! In this hall, Democracy has kept its vigil and worked its will for freedom.

The mighty Georgians who have hallowed this House look through the screen of yesteryears upon a living demonstration of what freedom can accomplish.
I shall always feel that my experiences here, and the lessons I learned while in the Georgia Legislature, gave me an invaluable back ground in legislative and parliamentary procedures which, I am confi dent, have enabled me to better meet my responsibilities in the Congress of the United States.
I shall never forget the importance--the significance--and the privilege of serving in this great body.

FRIDAY, FEBRUARY 9, 1962

1557

The State Legislature is the legislative body that is closest to the people. It is the legislative body that is truly responsible for the daily activities of the citizens of this great State.

Here is the foundation of democracy and representative govern ment.

Two years later, in 1914, after my service in the House, I was elected to the Congress of the United States.

And now, in December of this year, it will be my rare privilege to have served in the Congress of the United States for 48 consecutive years.

During this period of time I have seen America grow in stature and achievement to attain its present unchallenged position as the leader of the free world.

As a member of Congress, I have witnessed the passing of the horse and buggy age, and the event of the almost unbelievable era of outer space.

When I first entered the Congress of the United States, a billion dollar federal budget was unheard of; today, a 90-billion dollar federal budget has become inevitable.

Georgia was predominately an agricultural State back in 1909; in fact when I entered the Legislature, we were still recovering from the effects of the War Between the States.

But today, industry, commerce and transportation combine with agriculture to give this State an economy which is both versatile and balanced.

We are rapidly becoming industrialized to a high degree, produc ing countless products for the economy of the nation, and with an export trade with the nations of the earth that is growing in leaps and bounds, exceeding 200-million dollars annually.

During my public service, the citizens of this great State have three times been called upon to do their part in defending the nation in the crises of war.

Together with the nation, we have gone forward, in spite of de pressions, droughts, crop shortages and crop surpluses.
But during the fantastic progress we have made, as one of the greattes States of the nation, truly the Empire State of the South, Georgians have never failed to uphold the basic philosophy of our Federal Consti tution, nor have Georgians broken faith with the fundamental princi ples laid down by our founding fathers.

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JOURNAL OP THE HOUSE,

When I first entered public service more than 50 years ago, I was
confident that the problems that confronted the State of Georgia were overwhelming in their proportions.

But I must confess that as the world gets smaller, and as the popu lation increases, the problems that confront the world become even greater, year by year.
Fifty years ago the lack of roads was a serious handicap to the future of Georgia. Practically no farm homes had the advantages of electricity. Old age, instead of being the evening of a full life, was, for many, a nightmare at sundown.
Today, we have social security for the aged, rural electrification projects light our farms, and we have built one of the finest highway systems in the nation.

A half-century ago Georgia farmers were at the mercy of depressed farm prices; surplus crops meant ruinous prices; and droughts meant no income.
Today, American farmers have crop insurance and farm price sup ports.

The blessings of mankind have been showered upon America; and in the short space of half a century, we have achieved a greatness un paralleled in the march of civilization.

When I first entered the Congress of the United States it was my privilege to serve with a truly great President--Woodrow Wilson.

Since that time, I have served with seven successive Presidents of the United States. Each President has faced problems greater than those of his predecessor.

I can recall clearly and distinctly participating in the debate when the Congress of the United States, in April of 1917, voted to declare war on Germany.

I remember the roaring 20's, and the boom and bust period that followed.

Thereafter, the nation was blessed with the election of a leader with imagination and confidence, and Franklin Delano Roosevelt led us out of the wilderness of doubt, confusion and despair.

But this was shattered by the onset of World War II, and the attack on Pearl Harbor.

And then came the great period of building a war machine that won victory.

FRIDAY, FEBRUARY 9, 1962

1559

In 1945, we again looked forward to a period of peace and pros
perity, only to be confronted with the spread of communism, and its open challenge to our way of life.

We met this communist threat to our freedom at its very inception.

We met this threat with the Greek-Turkish loan.

We met this threat with the Marshall Plan.

We met this threat by rebuilding our Armed Forces.

We met this threat with American courage on the blood-stained battlefields of faraway Korea.

But the struggle with communism continues.

It is a contest, the magnitude of which increases with each passing day, as men vie for the minds and hearts of billions of human beings.

It is a struggle we must win if we are to preserve for posterity the blessings of mankind, which we have rightfully acquired and which we have so willingly shared with others.

It is a fight for survival in a divided world faced with two com pletely contradictory philosophies of life.

On the one hand stands the free world, with the dignity of man as its bulwark; on the other--the claw of communism, which claims the state as all-powerful and human dignity meaningless.
This struggle for the minds of men will continue, and representa tive government, as we know it here in Georgia and throughout the nation, is one of the vital issues at stake.

Our system of government must prevail if mankind and human dignity is to survive, and if we are to remain free.

And it is for this reason that our nation is today faced with the largest peacetime federal budget in its history.

The vast majority of this budget is devoted to national defense so we may be able to meet and deter aggression. To meet this threat headon we must continue to build and improve our strength.

But this strength must be more than military power alone--it must also include sound diplomacy and economic aid to undeveloped nations.

Nature abhors a vacuum--and so do the communists. They exploit every form of human misery in the world.

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JOURNAL OF THE HOUSE,

We must exert every reasonable effort to aid these people in their efforts to remain free.

We must continue to show the world that our democratic way of life--our freedom, our productive capacity, our respect for human dignity, our ideals, and our dedication--is superior to the communist form of government.
Let me says here, that I do not fear for the future of this nation.

I am confident that not only will representative government sur vive, and continue to enhance the inalienable rights of man, but eventu ally our democratic way of life shall prevail throughout the world.
But this cannot be achieved by complacency; it will not be achieved by wishful thinking; nor will it be achieved without sacrifice and determnation.
Communism is the threat to our security; and communism is the obstacle to world peace.
We have met this great threat in the past--we are fighting this threat now--and we will continue the fight.
The immediate problems of the day are all too plain to see--Cuba lies about 90 miles from the tip of Florida.

Here exists a communist satellite growing in strength each day.

Laos, South Viet Nam, Berlin, and Africa, are but a few of the other areas of the world that confront us with questions we must face and solve.
Truly only a nation with strong leadership, strong will, and with hard-working, skilled, intelligent, and courageous people, will win this battle.
But these are the attributes of Americans; these are the attributes of Georgians; these are the attributes which will one day overcome com munism and bring the blessings of peace and prosperity to all the world.
When I think of these problems and compare them with other prob lems that confront this nation, this State, and every State Legislature, I cannot help but recall those days in 1909 when I first entered the General Assembly.

The challenges of those days seemed just as real, and just as im portant as those that face the nation today.

Yet, while the pressing concerns of those yesteryears may seem to pale into insignificance compared with the grave issues of today, never theless, it was the manner in which we as a nation solved those problems

FRIDAY, FEBRUARY 9, 1962

1561

over the past fifty years that has made it possible for us to become the leader of the free world and face the greatest challenge to mankind since the beginning of modern civilization.

"Democracy," as it is lived in the villages, the cities, and the counties of this State, is the keystone of this citadel of freedom which Georgia sets to the face of communism.

Democracy isn't government at the highest level--democracy is government in every village, every town, every county, and every State of the Union.

And here, in this State Legislature, is a true example of democracy at work.

Here is democracy at its best--where the problems of every Georgia citizen are considered, and where that which is best for the greatest number, but with justice for all, has become the cardinal rule of decision.

It is with understandable pride, but with a sincere humbleness of spirit and a deep sense of humility, that I express to you my very sincere gratitude for this greatest day in my lifetime.

I hope that I may some day be worthy of the honor you pay me-- for truly, I can say to you in complete and absolute sincerity, my fond est hopes have never envisioned such an honor as this!

Thank you all.

To perpetuate the memory of Congressman Carl Vinson so that future gen erations shall never forget his many accomplishments, a portrait of Congressman Vinson was presented to the State of Georgia.

Governor S. Ernest Vandiver in accepting the portrait of Congressman Vinson gave the following laudatory remarks:
CONGRESSMAN VINSON, CONGRESSMAN FLYNT, LT. GOV ERNOR BYRD, SPEAKER PRO TEM. SCOGGIN, AND MEMBERS OF THIS GENERAL ASSEMBLY . . .
I am accepting this fine portrait, not just on behalf of Carl Vinson's fellow Georgians, but also on behalf of the people, of these entire United States.
For, I humbly believe that the whole nation -- and not just his native state -- owes Carl Vinson honor and gratitude.
When his portrait goes on display in this Capitol Building, it will serve notice to the world, of our recognition of his unparalleled labors, in behalf of his community, his State and his nation.

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JOURNAL OF THE HOUSE,

Forty-seven years of his life, have been devoted to providing our country, with a strong and a mighty defense force ... a force which has been our STRONGEST GUARANTEE of peace.

His lengthy service in Congress . . . stretching from November 3, 1914 . . . .has somewhat overshadowed his record, as a member of the Georgia House of Representatives, from Baldwin County, when he held the office of Speaker Pro Tern.

His Congressional service, has also eclipsed his record as a county court solicitor, and County Court Judge, prior to his election to Congress.

I am mentioning this service again this morning, my friends, in order that we may recognize the full and true stature, of this public servant we honor here today ... a man who moved on to SERVING HIS NATION in a greater duty, after fulfilling offices of public trust at home.

The best tribute I could give to him, is a passage taken from the inaugural address, of the late President Rutherford B. Hayes. He said:

"HE serves his PARTY best who serves his COUNTRY best."

Carl Vinson's service HAS NEVER been based on party politics, nor his actions motivated by partisan political considerations.

Thank you, Mr. Vinson, for your portrait. We will announce, at a future time, when and where the portrait will go on display, here in the Capitol.

Secretary of State Ben Fortson was handed the portrait and asked to notify Congressman Vinson where the same would be located in the Georgia State Capital.

Mr. Twitty of Mitchell moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session was now dissolved.

Mr. Willingham of Cobb moved that the House do now adjourn until Monday morning at 9:30 o'clock, and the motion prevailed.

The Speaker announced the House adjourned until Monday morning at 9:30 a.m.

MONDAY, FEBRUARY 12, 1962

1563

Representative Hall, Atlanta, Georgia

Monday, February 12, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Elder A. R. Crumpton, Pastor, Claxton Primitive Baptist Church, Claxton, Georgia.
0 Lord God and our Father who art in heaven; Hallowed and Reverend be thy name--Thou who art the God of the heavens and of the universe--Thou who dost hold the destiny of nations in thy hand. Unto thee, O God, are all things subjected, and by whom all things consist. It is unto thee we humbly bow this morning, acknowledging thee as the giver of every good gift and every perfect gift. We come to thee, our Father, with thanksgiving upon our lips and with deep grati tude in our hearts for the blessings of this mortal life.
We pray thy blessings upon this General Assembly and for the leadership of thy Spirit in all deliberations. Give wisdom and under standing for all questions and problems which may confront this body. We pray, O God, for thy continued blessings upon our state and upon our nation of which we are a part. Bless and guide with thy holy coun cil those who hold in hand the reins of our government. Give us grace, our Father, that will be commensurate with all of our needs. "Now unto the King eternal, immortal, invisible, the only wise God, be honor and glory for ever and ever. Amen."

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions.

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JOURNAL OF THE HOUSE,

4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bills on the General
Calendar in any order that he desires.

By unanimous consent the rule governing the introduction of new Bills was waived, and new local Bills were introduced.

The following report of the Committee on Rules was read and adopted: Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 12, 1962, and submits the following:

1. HB

81. Motor Vehicles, inspection (Placed on Gal. to consider unfav. rpt. of Com.)

2. HB

181. Railroad employees, safety

3. HB

269. State Examining Board, additional points (p.p.)

4. HB

495. Public employees, prohibit strikes

5. HB

608. Limit cities, taxation (reconsidered)

6. HR 328- 716. Compensate Willie Mae Hunt Collins

7. HR 344- 735. Department of Commerce, Commissioners

8. HB

738. County Boards of Education, members

9. HB

741. Minimum rate, maintenance crew

10. HR 353- 741. Superintendent of Schools appointed

11. HB

761. Gross Income, define

12. HR 385- 793. Designate Lake Roanoke

13. HB

797. State Bar of Georgia

14. HB

799. Termination of tenancy, notice

15. HB

804. Sell abandoned property

16. HB

809. Department of Commerce, appropriation

17. HB

826. Letters of Administration

18. HR 406- 831. Felony, maximum sentence

19. HB

835. Vehicle license, forest products

20. HB

860. Board of Floral Designers

21. HB

861. Motor carriers for hire (reconsidered)

MONDAY, FEBRUARY 12, 1962

1565

22. HB

862. Motor Contract Carriers, define

23. HB

890. Life Imprisonment, under eighteen

24. HR 424- 891. Commercial Oil Well, payment

25. HB

911. Budget officer, Board of Education

26. HB

914. Minimum Foundation, Uniform (reconsidered)

27. HR 450- 916.

28. HB

919.

29. HB

922.

School Bus Drivers, Committee Clerk of Court, use microfilm Charitable Agencies, amend

30. HB 31. HB

927. Vehicle license, private trailers 930. Employees' Retirement, amend

32. HB

935. Militia districts, how laid out

33. HR 472- 935. Certain officials, compensation

34. HR 473- 935. Death sentence, amend

35. HB

936. Certain machinery, credit against income tax

36. HB 37. HB 38. HB 39. HB

946. Sale of animal remedies 938. Legal evidence, courts 949. Prisoner's statement, criminal trials 974. Sale of absence pictures

40. HR 501- 981. Government, certain business

41. HR 509- 981. Public schools, course in Americanism

42. HB 1017. Consumer, implied warranties

43. HB 1037. Abandonment, define

44. HB 1038. Define vagrancy, punishment

45. HB 46. HB

1039. Confinement in prison 1040. Drunkenness, define

47. HB 48. HB

1050. Insurance, Auto liability 1052. Employees' Retirement System, amend

49. HB 1069. Motor Vehicles, case of injury

50. HB 1077. Motorboats, ad valorem taxation

51. HB 1080. Municipalities, certain powers

52. HB 1081. Annexing territory, method

53. HB 1099. Cross-action, trial 54. HR 562-1101. Convey State property

55. HB 1116. Proceedings prior to arrest

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JOURNAL OF THE HOUSE,

56. HB 1125. Minnow net, length

57. HE 583-1126. Transfer land, Hart, Stephens

58. HB 1129. Relating to Cherokee Indians

59. HB 1142. Night hunting, which animals

60. HR 593-1147. Button Gwinnett, monument

61. HB 1157. Professional Associations, Tax

62. HB 1163. Wesleyan Conservatory Property

63. HR 636-1192. Convey Property, Dougherty County

64. SB

168. Admission to University of Georgia, age

65. SB

181. Director of Probation, compensation

66. SB

252. Compulsory school attendance

67. HB 1068. Salaries, school teachers, bus drivers

68. HB

933. Certain language over telephone, prohibit

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman Undercofler of Sumter, Secretary

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1236. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend the charter of the Town of Port Oglethorpe, so as to enlarge the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1237. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend the Charter of the Town of Port Oglethorpe, so as to enlarge the corporate limits; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1238. By Mr. Clark of Catoosa: A Bill to be entitled an Act to amend an Act creating and incorporat-

MONDAY, FEBRUARY 12, 1962

1567

ing the Town of Fort Oglethorpe in the counties of Walker and Catoosa; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1239. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating and incorporat ing the Town of Fort Oglethorpe, so as to change the provisions re lating to the election of Mayor and Alderman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1240. By Mr. Rogers of Paulding: A Bill to be entitled an Act to provide for the appointment of a County Depository for Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1241. By Mr. Rogers of Paulding: A Bill to be entitled an Act to abolish the office of County Treasurer of Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1242. By Mr. Rogers of Paulding: A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Coroner of Paulding County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 658-1242. By Mr. Moss of Gordon:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to issue certain revenue anticipation obliga tions known as revenue bonds; and for other purposes.
Referred to the Committee on Local Affairs.
HR 659-1242. By Mr. Moss of Gordon:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in said county; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HR 660-1242. By Mr. Taylor of Dawson:
A Resolution proposing an amendment to the Constitution so as to create the Dawson County Industrial Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1243. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to create in certain counties a Tax Collec tion Study Commission to study the collection and assessment of State and County taxes and municipal taxes of cities lying wholly in such counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1244. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act providing for election precincts in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1245. By Messrs. Rutland, Howard and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act repealing the Juvenile Court Act and establishing Juvenile Courts in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1246. By Messrs. Brooks, McClelland and Smith of Fulton, Howard, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the Municipal Revenue Collector; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1247. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cers' Annuity and Benefit Fund, so as to provide for retirement, if disabled after 20 years service; and for other purposes.
Referred to the Committee on State of Republic.

HB 1248. By Mr. Massee of Pulaski: A Bill to be entitled an Act to amend an Act authorizing the State

MONDAY, FEBRUARY 12, 1962

1569

Board of Health to make and promulgate reasonable rules and regula tions for the protection of the health and lives of inmates and patients of hospitals, so as to except dental hospitals; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1249. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide that no minor shall be placed in any private institution in Rockdale County without the consent of the Judge of the Juvenile Court of said County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1250. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1251. By Messrs. Harrell of Payette and Steis of Harris:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act, so as to provide for emergency interim successors to certain state and local officers; and for other purposes.
Referred to the Committee on State of Republic.

HB 1252. By Messrs. Harrell of Fayette and Steis of Harris: A Bill to be entitled an Act to amend the Georgia Civil Defense Act, so as to provide for the convening of the General Assembly and the suspension of their rules following an emergency; and for other pur poses.
Referred to the Committee on State of Republic.
HB 1253. By Messrs. Harrell of Fayette and Steis of Harris: A Bill to be entitled an Act to amend the Georgia Civil Defense Act, so as to provide for emergency relocation or relocations of the seat of state government; and for other purposes.
Referred to the Committee on State of Republic.
HB 1254. By Messrs. Birdsong and Ware of Troup: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain prop erty; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HR 661-1254. By Messrs. McCracken of Jefferson, Underwood of Montgomery and Willingham of Cobb:
A Resolution amending a Resolution creating the Election Laws Study Committee, so as to remove the provisions relating to time; and for other purposes.
Referred to the Committee on Rules.

HR 662-1254. By Mr. Coker of Walker: A Resolution to compensate Mr. Robin H. Hill; and for other purposes.
Referred to the Committee on Appropriations.

HB 1255. By Mr. Miller of Elbert:
A Bill to be entitled an Act placing the clerk of the Superior Court of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1256. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners for the County of Elbert, so as to provide for a change in the number of Commissioner districts and to redefine the number remaining; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1257. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Elbert County from the fee system to the salary sys tem; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1258. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to provide for the registration of voters; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1259. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 12, 1962

1571

HB 1260. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, relating to box ball or bowling alleys; and for other purpurposes.
Referred to the Committee on Local Affairs.

HB 1261. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the boundary of the first and second wards of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1262. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1263. By Messrs. Simmons of Banks and Barber of Jackson: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Maysville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1264. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to delete the certain provisions relating to the mem bers of the school board succeeding themselves; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1265. By Mr. Chandler of Baldwin: A Bill to be entitled an Act to amend an Act creating the new charter for the City of Milledgeville, so as to empower said city to charge a license upon all insurance brokers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1266. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said City; and for other purposes.

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JOURNAL OP THE HOUSE,

Referred to the Committee on Local Affairs.

HB 1267. By Mr. Pannell of Murray:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Chatsworth, so as to close a certain portion of an alley in said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1268. By Messrs. Hull, Fleming, and Fuqua of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that the Mayor and Council shall have the power and authority to grant to the Barringer Corporation the right to erect an overhead passageway across Ellis Street between Albion Avenue and Eighth Street; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1269. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to create a Board of Civil Service Commission; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1270. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill to be entitled an Act carrying into effect the Constitutional Amendment reported in Georgia Laws 1956, empowering the General Assembly of Georgia to consolidate and combine the Richmond County and The City Council of Augusta Tax Assessors; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1271. By Mr. Smith of Grady:
A Bill to be entitled an Act providing that the ordinary of any county may by written order divide or redivide the county into election dis tricts of compact and continguous territory and that the Ordinary may thereafter change such election districts; and for other purposes.
Referred to the Committee on Judiciary.

HB 1272. By Mr. Baughman of Early:

MONDAY, FEBRUARY 12, 1962

1573

A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Early County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1273. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to amend an Act to provide and establish a new charter for the City of Reynolds; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1274. By Mr. Moore of Polk:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General emeritus and the Solicitors-General Retirement Fund of Georgia, so as to provide for services in the Armed Forces of the United States during named National emergencies; and for other pur poses.
Referred to the Committee on Judiciary.

HB 1275. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to create the Washington Wilkes Payroll Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 663-1275. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to create the Rockdale County Industrial Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1276. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1277. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the City of East Point, relating to land lots; and for other purposes.

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Referred to the Committee on Local Affairs.
HB 1278. By Mr. Fitzgerald of Long:
A Bill to be entitled an Act to provide that it shall be unlawful to fish on the Sabbath in certain counties; and for other purposes. Referred to the Committee on Local Affairs.

HR 664-1278. By Mr. Smith of Habersham:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing non-profit housing for elderly persons; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1279. By Messrs. Dicus, Wickham and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act relating to ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus; and for other purposes.
Referred to the Committee on Local Affairs.

HR 665-1279. By Messrs. Williams and Andrews of Hall: A Resolution compensating W. L. West, Sr.; and for other purposes.
Referred to the Committee on Appropriations.

HB 1280. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the Attorney General and the State Department of Law, so as to authorize the Attorney General to issue a certificate of approval to all law schools not accredited by the American Bar Association; and for other pur poses.
Referred to the Committee on Judiciary.

HB 1281. By Mr. Akins of Union:
A Bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of courts of Ordinary, so as to provide that the Clerk of the Superior Court shall attend the Court of Ordinary in all cases for violation of traffic laws in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 12, 1962

1575

HR 667-1281. By Mr. Stuckey of Dodge:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of Dodge County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new in dustries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the Dodge County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 668-1281. By Messrs. Mackay, Rutland and McClelland of Fulton:
A Resolution creating the Metropolitan Atlanta Transit Study Commis sion; and for other purposes.
Referred to the Committee on Local Affairs.

HR 669-1281. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Resolution proposing an amendment to the Constitution so as to pro vide for the General Assembly to prescribe the number of members of the DeKalb County Board of Education and the method of electing said members; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 1208. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the Charter of the City of Rossville, so as to change the corporate limits; and for other purposes.

HB 1209. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the corporate limits; and for other purposes.

HB 1210. By Messrs. Coker and Abney of Walker: A Bill to be entitled an Act to amend an Act creating the Charter of the City of Rossville; and for other purposes.
HB 1211. By Mr. Coker of Walker: A Bill to be entitled an Act to amend an Act providing for the coverage of certain officers and employees of political subdivisions of the State

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under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, so as to provide that employees under the system shall be primarily liable to the political subdivisions for which they are employed; and for other purposes.

HB 1212. By Messrs. Mackay of DeKalb and Abney of Walker:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are licensed citizens band radio operators; and for other purposes.

HB 1213. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park by extending the corporate limits; and for other purposes.

HR 642-1213. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to take appropriate legislative action to insure continuity of State and local governmental operations in pe riods of emergency; and for other purposes.

HR 643-1213. By Mr. Keadle of Lamar:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Lamar County; and for other purposes.

HB 1214. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act", so as to provide criteria for providing additional funds to local units which have exceptional needs for capital outlay; and for other purposes.

HB 1215. By Messrs. Ware and Birdsong of Troup, NeSmith of Meriwether, Waldrop of Carroll, Potts of Coweta, Hill of Meriwether and Payton of Coweta:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the Judge of the Superior Court of the Coweta Judicial Circuit; and for other purposes.

HB 1216. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to study of causes, effects, rehabilita tion and treatment facilities for alcoholics; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1577

HB 1217. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; and for other purposes.

HR 644-1217. By Messrs. Pannell of Murray, Odom of Dougherty, Andrews of Stephens and Undercofler of Sumter:
A Resolution creating a committee to study budgetary, financial and fiscal affairs and related matters; and for other purposes.

HR 645-1217. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Resolution proposing an amendment to the Constitution, so as to authorize DeKalb County to levy a tax and/or charge or assessment on any business operating buses in certain areas of DeKalb County; and for other purposes.

HR 646-1217. By Mr. Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other purposes.

HB 1218. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating a joint CityCounty Board of Tax Assessors in certain counties, so as to fix the salaries of the members; and for other purposes.

HB 1219. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of the County of DeKalb; and for other purposes.

HB 1220. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to create and establish in DeKalb County, districts from which the members of the County Board of Education of DeKalb County shall be elected; and for other purposes.

HB 1221. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act so as to provide that the term "actual notice" as used in said Act shall mean in certain instances prior recordation and nothing else; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 647-1221. By Messrs. Duncan and Waldrop of Carroll:
A Resolution proposing an amendment to the Constitution so as to create the Carrollton Payroll Development Authority as a constitutional authority and public corporation; and for other purposes.

HB 1222. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.

HB 1223. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.

HB 1224. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to allow the governing authority of said City to provide group or other insurance for the benefit of its employees; and for other purposes.

HB 1225. By Mr. McGarity of Henry:
A Bill to be entitled an Act to grant a charter to the City of Swan Lake, by incorporating the same as a municipality; and for other pur poses.

HB 1226. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, by reducing the City limits; and for other purposes.

HB 1227. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the City limits; and for other purposes.

HB 1228. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that drivers or chauffeurs of disabled veterans shall be entitled to honorary drivers licenses; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1579

HB 1229. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; and for other purposes.

HB 1230. By Messrs. Brooks, McClelland and Smith of Fulton: A Bill to be entitled an Act entitled "An Act to establish the Criminal Court of Atlanta, so as to adjust and fix the salaries of the Judges and the Solicitor-General of the Criminal Court of Fulton County"; and for other purposes.
HB 1231. By Messrs. Brooks, McClelland and Smith of Fulton: A Bill to be entitled an Act to amend an Act relating to the abolition of justice courts and the office of Justice of the Peace and of notary public ex officio justice of the peace, in certain counties.
HR 655-1231. By Mr. Roper of Greene: A Resolution proposing an amendment to the Constitution so as to create the Green County Authority; and for other purposes.

HR 656-1231. By Mr. Fitzgerald of Long: A Resolution proposing an amendment to the Constitution so as to authorize the condemnation of property for the purpose of industrial and resort development; and for other purposes.
HB 1232. By Mr. NeSmith of Meriwether: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.
HB 1233. By Mr. Chandler of Baldwin: A Bill to be entitled an Act to provide that the governing authorities of certain cities shall not enforce any ordinance relating to revenues without first having submitted same for ratification or rejection; and for other purposes.

HR 657-1233. By Mr. Simmons of Banks: A Resolution to compensate Mr. Cohen Martin; and for other purposes.

HB 1234. By Messrs. McClelland and Brooks of Fulton:

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A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to license fee or tax on Insurance Agents; and for other purposes.

HB 1235. By Messrs. McClelland and Brooks of Pulton:
A Bill to be entitled an Act to amend an Act to provide that certain cities shall furnish aid, relief and pensions to members of paid fire departments now in active service, so as to provide that such cities shall levy a tax on the premium of all fire and lightning insurance companies or associations on property situated within the corporate limits of such cities; and for other purposes.

Mr. Hall of Ployd County, Chairman of the Committee on Education, sub mitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 628-1182. Do Pass.
Respectfully submitted
Hall of Floyd, Chairman.

Mr. Ballard of Newton County, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways 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 House with the following recommendations:
HB 1194. Do Pass. HR 233-668. Do Pass.
Respectfuly submitted,
Ballard of Newton, Chairman.

MONDAY, FEBRUARY 12, 1962

1581

Mr. Cox of Clarke County, Chairman of the Committee on Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on Institutions and Property has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HR 588-1131. Do Pass, as Amended. Respectfully submitted, Cox of Clarke, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 1184. Do Pass, as Amended. HB 1186. Do Pass. HB 1187. Do Pass. HB 1189. Do Pass, as Amended. HB 1190. Do Pass, as Amended. HB 1191. Do Pass, as Amended. HB 1192. Do Pass. HB 1195. Do Pass. HB 1196. Do Pass, by Substitute. HB 1197. Do Pass. HB 1198. Do Pass. HB 1199. Do Pass. HB 1200. Do Pass. HB 1201. Do Pass. HB 1204. Do Pass. HB 1161. Do Pass. HB 1136. Do Pass. HR 629-1184. Do Pass.

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JOURNAL OF THE HOUSE,

HR 638-1196. Do Pass.

SB

269. Do Pass.

SB

257. Do Pass.

SB . 258. Do Pass.

SB

103 Do Pass, as Amended.

Respectfuly submitted, Underwood of Montgomery, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

: HB 1214. Do Pass.

HR 644-1217. Do Pass.

HR

521. Do Pass.

Respectfully submitted, Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1193. Do Pass.
Respectfully submitted, Bolton of Spalding, Chairman.

MONDAY, FEBRUARY 12, 1962

1583

Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1203. Do Pass.

Respectfully submitted, Blalock of Clayton, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House to wit:

HR 597. By Messrs. Steis of Harris, Akins of Union and others: A Resolution expressing appreciation to the Congressional Delegation from the State of Georgia in the United States Congress; and for other purposes.
The following message was received from the Senate through Mr. Stewar^ the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to wit:

SR 150. By Senators Ayers of the 31st, Waters of the 41st and others: A Resolution creating a Committee to study the Health Code; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:

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JOURNAL OF THE HOUSE,

SB 256. By Senator Braly of the 38th:
A Bill to amend Code Title 114, relating to Workmen's Compensation, so as to provide for a waiver of benefits relative to certain heart con ditions; and for other purposes.

SB 273. By Senator Brown of the 52nd:
A Bill to amend an Act approved Sept. 16, 1891, entitled "An Act to in corporate the City of Hapeville, Georgia, and for other purposes," so as to extend the city limits of City; to give city jurisdiction beyond corporate limits for police, sanitary; and for other purposes.

SB 274. By Senator Brown of the 52nd:
A Bill to amend an Act entitled "An Act to incorporate the City of Hapeville, Georgia, and for other purposes," so as to extend the city limits, give city jurisdiction beyond corporate limits for police, sanitary; and for other purposes.

SB 275. By Senator Brown of the 52nd:
A Bill to amend an Act authorizing emeritus offices for department heads in counties having population of more than 500,000 persons, ap proved March 28, 1961 (Ga. Laws 1961, pp. 2615, et seq.); to repeal conflicting laws; and for other purposes.

SB 276. By Senator Gardner of the 47th:
A Bill creating a small claims court in certain counties in this State, approved April 5, 1961 (Ga. Laws 1961, p. 2852), so as to provide for one or more bailiffs of and for said small claims courts; and for other purposes.

SB 278. By Senator Johnson of the 46th:
A Bill to prohibit picketing, demonstrating, or other riotous conduct on, around, or adjacent to State property, to provide procedures con nected with the same; and for other purposes.

SB 279. By Senator White of the 39th:
A Bill to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, approved March 28, 1961 (Ga. Laws 1961, p. 2511), so as to change the amount of the compensation; to repeal conflicting laws; and for other purposes.

SB 280. By Senator McWhorter of the 50th: A Bill to abolish the City Court of Lexington; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1585

SB 270. By Senator Matthews of the 38th:
A Bill providing fair trade practices for agents and agencies handling the sale and distribution of daily newspapers repealing all laws in con flict herewith; and for other purposes.

SB 139. By Senator Johnson of the 46th: A Bill to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Pish Commission and to game and fish; to repeal conflicting laws; and for other purposes.
SB 261. By Senator Hart of the 53rd: A Bill to provide that no Bill or Resolution changing the compensation of State Officials or employees shall be read the third time in either branch of the General Assembly until each member of such branch shall have been furnished certain information; and for other purposes.
SB 277. By Senator Johnson of the 46th: A Bill to amend an Act effecting a complete revision of the laws of this State relating to the qualification and registration of voters, ap proved March 25, 1958 (Ga. Laws 1958, p. 269), as amended, so as to provide for a registration fee; and for other purposes.
SB 282. By Senators Bell of the 10th, Dykes of the 14th and others: A Bill to amend an Act revising laws relating to the State Board of corrections, approved February 20, 1956 (Ga. Laws 1956, p. 16), as amended; and for other purposes.
SR 132. By Senator Knox of the 54th: A Resolution proposing an amendment to the Constitution so as to provide that no change shall be made in the term of office of county officials, nor the compensation system changed or compensation de creased during the term of office for which elected; and for other purposes.
SR 146. By Senator McWhorter of the 34th: A Resolution proposing an amendment to the Constitution so as to create the Oglethorpe Development Authority; and for other purposes.

SR 148. By Senator Whisnant of the 25th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris

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JOURNAL OF THE HOUSE,

County to use funds for a program of tax equalization and reappraisal; and for other purposes.

SB 281. By Senator Brown of the 52nd:
A Bill to amend an Act establishing a new charter for the City of Roswell, approved Feb. 9, 1950, (Ga. Laws 1950, p. 2178), as amended, so as to change the corporate limits of said City; and for other purposes

SB 241. By Senator Ingram of the 42nd: A Bill to amend an Act creating the Department of Public Safety, so as to provide that no operator's or chauffeur's license shall be issued to anyone under eighteen years old unless they have completed the driver school course offered by the public school system of the State; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to House amendment No. 2 to the following Bill of the Senate:

SB 202. By Senator Overby of the 33rd:
A Bill to amend an Act approved Feb. 3, 1949, establishing an em ployees' retirement system (Ga. Laws 1949, pp. 138 et seq.), as amended, so as to modify means and procedure thereof for members to secure Social Security coverage; and for other purposes.
The Senate has agreed to House amendment No. 1, as amended by the Senate, to the following Bill of the Senate:

SB 202. By Senator Overby of the 33rd: A Bill to amend an Act approved Feb. 3, 1949, establishing an employee's retirement system (Ga. Laws 1949, pp. 138 et seq.), as amended, so as to modify means and procedure thereof for members to secure Social Security coverage; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:

MONDAY, FEBRUARY 12, 1962

1587

The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HB 466. By Mr. Barber of Jackson:
A Bill to amend an Act relating to the purposes for which counties may levy taxes, so as to authorize counties to levy a tax for certain school lunch purposes; and for other purposes.

HB 765. By Messrs. Sinclair of Macon and Rowland of Johnson:
A Bill to amend an Act relating to the creation of the State Board of Medical Examiners; to change the amount of license fees; and for other purposes.

HB 755. By Mr. Bolton of Spalding:
A Bill to amend an Act so as to provide that representatives of estates shall be deemed to have collected certain funds which are required by law to be withheld by the person paying the same for tax purposes; and for other purposes.

HB 928. By Messrs. Abney of Walker, Busbee of Dougherty and others:
A Bill to amend an Act relating to the issuance of warrants and require ments of bonds to keep the peace, so as to require advance costs to be paid by any person requesting the issuance of a warrant; and for other purposes.

HB 998. By Mr. NeSmith of Meriwether:
A Bill to amend the charter of the City of Manchester; to fix the corporate limits of said City; and for other purposes.

HB 1006. By Mr. Lovett of Laurens:
A Bill to abolish the office of County Treasurer of the County of Laurens; and for other purposes.

HB 1007. By Messrs. Jones and Undercofler of Sumter:
A Bill to amend an Act establishing a new charter for the City of Americus; and for other purposes.

HB 1010. By Mr. Wells of Oconee:
A Bill to amend an Act reincorporating the Town of Watkinsville; and for other purposes.

1588

JOURNAL OP THE HOUSE,

HB 1012. By Messrs. Moore and Adams of Polk:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Polk, so as to increase the number of Commissioners and establish Districts; and for other purposes.

HB 1013. By Mr. Stuckey of Dodge:
A Bill to amend an Act creating a new charter for the City of Eastman; to define the corporate limits; and for other purposes.

HB 1014. By Mr. Stuckey of Dodge:
A Bill to amend an Act to provide for four terms of the Superior Court of Dodge County; and for other purposes.

HB 1015. By Mr. Culpepper of Talbot:
A Bill to amend an Act creating the office of Tax Commissioner of Talbot County; and for other purposes.

HB 1016. By Mr. Lewis of Wilkinson:
A Bill to amend an Act creating the Charter of the City of Gordon, so as to extend the city limits; and for other purposes.

HB 1024. By Mr. Boggs of Madison:
A Bill to amend an Act to incorporate the City of Ha, in Madison County; and for other purposes.

HB 1026. By Messrs. Busbee and Odom of Dougherty:
A Bill to amend an Act creating and establishing a new charter for the City of Albany, so as to change the corporate limits; and for other purposes.

HB 1027. By Messrs. Busbee and Odom of Dougherty:
A Bill to amend an Act creating a new charter for the City of Albany; and for other purposes.

HB 1028. By Messrs. Busbee and Odom of Dougherty:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court and the Ordinary of Dougherty on a salary basis; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1589

HB 1029. By Messrs. Busbee and Odom of Dougherty:
A Bill to amend an Act creating a new charter for the City of Albany, so as to change the limit of ad valorem taxes; and for other purposes.

HB 1030. By Messrs. Bolton and Melton of Spalding:
A Bill to amend the charter for the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property; and for other purposes.

HB 1031. By Messrs. Melton and Bolton of Spalding:
A Bill to abolish the present mode of compensation of the Coroner of Spalding County; and for other purposes.

HB 1032. By Mr. Lokey of McDuffie:
A Bill to create the Thomson and McDuffie County Industrial Develop ment Authority; and for other purposes.

HB 1033. By Mr. Doster of Wilcox:
A Bill to grant a new charter for the City of Eochelle; and for other purposes.

HB 1041. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to amend an Act to re-enact the charter of the City of Macon, so as to confirm the action of the mayor and council in closing a portion of the Alley in Square 77 in the old City of Macon; and for other purposes.

HB 1042. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to amend an Act relating to the Charter of the City of Macon; and for other purposes.

HB 1043. By Messrs. Thornton, Phillips and Taylor of Bibb: A Bill to amend an Act relating to the Recorders Court of the City of Macon; and for other purposes.
HB 1044. By Messrs. Thornton, Taylor and Phillips of Bibb: A Bill to amend the charter of the City of Macon, so as to extend the corporate limits of said city; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1045. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to amend the Charter of the City of Macon, relating to insurance for employees of the City of Macon; and for other purposes.

HB 1046. By Messrs. Thornton, Taylor and Phillips of Bibb:
A Bill to amend an Act re-enacting the charter of the City of Macon, so as to change the date for Macon Tax returns; and for other purposes.

HB 1047. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to amend an Act re-enacting the charter of the City of Macon, relating to polling places; and for other purposes.

HB 1048. By Messrs. Thornton, Phillips and Taylor of Bibb:
A Bill to amend an Act to establish a county Board of Commissioners for the County of Bibb; and for other purposes.

HB 1049. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to create a public body corporate and politic, as an instrumentality of the County of Bibb and the City of Macon, and to be known as the Macon-Bibb County Industrial Authority; and for other purposes.

HR 367-766. By Mr. Fowler of Douglas: A Resolution authorizing the placing of a Monument at Vicksburg, Miss, identical to the Georgia Monument placed at Gettysburg and Antietam; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 882. By Mr. Caldwell of Upson:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for the redefinition of a lienholder; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1591

HB 1066. By Mr. Fuqua of Richmond and others:
A Bill to amend an Act known as the "State Office Building Authority Act," so as to change the definition of the word "project"; and for other purposes.

Mr. Cox of Clarke asked unanimous consent that the following Bill of the House be recommitted to the Committee on State of Republic:

HB 1101. By Messrs. Matthews1 and Cox of Clarke, Lane of Bulloch, and others:
A Bill to be entitled to Act to authorize and empower the Board of Regents of the University System to provide for police security forces for Units of the University System; and for other purposes.

The consent was granted and HB 1101 was recommitted to the Committee on State of Republic.

By unanimous consent, the following Bills of the House and Senate were taken up for the purpose of considering the Senate amendments and substitutes thereto:

HB 99. By Messrs. Bolton and Melton of Spalding, and McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to mileage allow ance for State officials and employees, and the furnishing of automobiles by officials and employees, so as to prescribe such mileage allowance, and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Sections 40-2002 and 40-2003, relating to mileage allowance for State officials and employees, and the furnishing of automobiles1 by officials and employees, as amended, particularly by an Act approved February 9, 1960 (Ga. Laws 1960, p. 79), so as to prescribe such mileage allowance and the procedure con nected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 40-2002, relating to mileage allowances for State offi-

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JOURNAL OF THE HOUSE,

cials and employees, as amended, particularly by an Act approved February 9, 1960 (Ga. Laws 1960, p. 79), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 40-2002 to read as follows:

"40-2002. The officers, officials and employees of the various departments, institutions, boards, bureaus, and agencies of the State shall be paid 8 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by automobile, except as provided otherwise in the General Appropriations Act."

SECTION 2

Code Section 40-2003, relating to the furnishing of automobiles by officials and employees, as amended, particularly by an Act approved February 9, 1960 (Ga. Laws 1960, p. 79), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 40-2003 to read as follows:

"40-2003. All officers, officials, or employees of the State and of the various departments, institutions, boards, bureaus, and agen cies of the State, required to travel by automobile in the perform ance of their official duties, shall themselves furnish such auto mobiles as may be necessary for their official use, and shall receive, for the use of such automobile and as expense of operating the same, such mileage allowance as is prescribed by law. The heads of the various departments, institutions, boards, bureaus and agen cies of the State shall be charged with the duty of the enforcement of this law; and they shall devise such forms and procedures for use within their departments, institutions, boards, bureaus and agencies as are necessary for the purpose of carrying into effect the intent of this law.

"Where passenger or other vehicles may be donated, or where the use of such vehicles may be donated to units of the University System for the more effective performance of their research or other duties, such unit is hereby authorized to take title and/or possession to such vehicles and to pay such costs as are reasonable and necessary for their maintenance, protection and operation."

SECTION 3

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

Mr. Bolton of Spalding moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 12, 1962

1593

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Black Blaloek Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Cocke Collins Conner Cox Culpepper Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Flexer Fordham Fowler of Treutlen Funk Hale Hall of Lee

Henderson Hill Howard Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly Kidd Killian Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCutchen McDonald McGarity Milhollin Miller Mixon Moore Moorman Mullis Murphy Newton Odom Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton

Poole Potts Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Smith of Whitfield Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Waldrop Walker of Lowndes Walker of Telfair
Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee
Wilson Woodward Young

Those not voting were Messrs.:

Baughman Birdsong Bowen of Randolph

Brackin Brooks of Oglethorpe Caldwell

Clark of Catoosa Clarke of Monroe Cloer

1594

JOURNAL OF THE HOUSE,

Coker Crawford
Crowe Davis Dicus Doster Echols Floyd Flynt
Fowler of Douglas Fuqua Greene Hall of Lee Harrell Hodges Horton
Hurst Johnson Jones of Liberty Jordan

Keyton Killingsworth
Lane Langford Lewis of Burke Lovett McClelland McCracken Melton
Moate Morgan Morris Moss NeSmith Otwell Pannell
Parker of Screven Phillips of Bibb Pickard Purcell

Rainey Raulerson
Roper Sangster Scarborough Sheffield Smith of Grady Smith of Fulton Smith of Habersham
Steis Taylor of Decatur Vaughn Ware Wickham Wilkes Williams of Hall
Willingham Mr. Speaker

On the motion to agree to the Senate substitute, the ayes were 138, nays 0.

The Senate substitute to HB 99 was agreed to.

HB 732. By Messrs. Fuqua of Richmond and Mackay of DeKalb:
A Bill to be entitled an Act to provide for the "Uniform Commercial Code"; and for other purposes.

The following Senate amendment was read:
Senator Whisnant of the 25th moves to amend HB 732 as follows:
By striking the word "six" in line one of Section 109 A-6-111 and inserting in lieu thereof the word "twelve" and by striking the word "six" in the last line of Section 109 A-6-111 and inserting in lieu thereof the word "twelve", so that said Section 109 A-6-111 as amended shall read as follows: "No action under this article shall be brought nor levy made more than twelve months after the date on which the transferee took possession of the goods unless the transfer has been concealed. If the transfer has been concealed, actions may be brought or levies made within twelve months after its discovery."
Mr. Fuqua of Richmond moved that the House agree to the Senate amend ment.

On the motion to agree to the Senate amendment to HB 732 the ayes were 115, nays 0.

MONDAY, FEBRUARY 12, 1962

1595

The Senate amendment to HB 732 was agreed to.

SB 202. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act approved, establishing an employees' retirement system, so as to modify means and procedure thereof for members to secure Social Security coverage; and for other purposes.

The following Senate amendment to House amendment No. 1 was read:
Senator Overby of 33rd moves to amend the House Amendment No. 1 to SB 202, as follows:
By adding at the end of said House Amendment the following:
"Senate Bill No. 202 is further amended by adding at the end of Section 3 thereof, between the period (.) and the quotation ("), the following language:
'Provided further, however, that in the event of the death of any member of the 1962 General Assembly prior to the passage of this Act, such member shall be deemed to have elected Survivors' Benefits coverage and any benefits payable shall be made to the deceased members widow, any liabilities which may be incurred by reason of this particular provision shall be paid from the sum total of contributions as called for in this Section 3.'"

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to the House amendment No. 1 to SB 202.

On the motion to agree, the ayes were 114, nays 0.

The Senate amendment to House amendment No. 1 to SB 202 was agreed to.

HR 478-946. By Messrs. Milhollin and Williams of Coffee: A Resolution proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Coffee County by the people; and for other purposes.
The following Senate amendment was read:
Whisnant of the 25th moves to amend HR 478-946 as follows:

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JOURNAL OF THE HOUSE,

By striking from Section 1 of said Resolution the paragraph which reads as follows:

"The Board of Education of Coffee County shall be composed of seven members to be elected as hereinafter provided. Two mem bers of the Board shall be residents of Education District No. 1 and shall be elected only by the voters of said District. One member of the Board shall be a resident of each of the other five Education Districts and shall be elected only by the voters of each respective District."; and

By inserting in lieu thereof a new paragraph to read as follows:

"The Board of Education of Coffee County shall be composed of seven members as follows: Two members of the Board shall be residents of Education District No. 1; the remaining five shall con sist of a resident of each of the other five Education Districts. Said members shall be elected by the voters of Coffee County"; and By striking from Section 1 the following:

"The two candidates receiving the highest number of votes in Education District No. 1 shall be the members of the Board from said District. The candidate receiving the highest number of votes
in each of the other Districts shall be the member from such Dis trict."; and

By inserting in lieu thereof the following:

"The two candidates from Education District No. 1 receiving the highest number of votes shall be the members of the Board from that District. The candidate from each of the other Districts receiving the highest number of votes shall be the member from such District."

Mr. Milhollin of Coffee moved that the House agree to the Senate's amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber

Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bowen of Randolph Bowen of Toombs

Boyett Bozeman Branch Brantley Brown Budd Busbee Bynum

MONDAY, FEBRUARY 12, 1962

1597

Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crawford Crowe Culpepper Davis Dickey Doster Duncan of Fannin Dunn Fitzgerald Fleming Flexer Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hall of Lee Hall of Floyd Harrell Hendrson Horton Howard Hurst Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle
Kelly
Killian Killingsworth
King

Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Milhollin Miller Mixon Moate Moore Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Pannell Paris Parker of Appling Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Purcell

Rainey Raulerson Roberts Rogers of Paulding Rutland Sangster Scarborough Scoggin Shuman Simmons Smith of Brantley Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Todd Tucker Undercofler Underwood of Taylor Waldrop Walker of Lowndes Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Boggs Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Caldwell Chandler Coker Conner Deen

Dicus Dollar Dorminy Duncan of Carroll Echols Floyd Flynt Hale Hill Hodges Hurst

Johnson Jones of Lumpkin Keyton Kidd Kimmons Langford McCracken McGarity Melton Moorman Otwell

1598

JOURNAL OF THE HOUSE,

Parker of Screven Parker of Ware Farmer Pelham Pickard Rodgers of Charlton Roper Ross Rowland

Sheffield Simpson Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham Stevens Taylor of Decatur

Thornton Twitty Underwood of
Montgomery Vaughn Walker of Telfair Ware Wells of Camden Mr. Speaker

On the motion to agree to the Senate amendment the ayes were 146, nays 0.

The Senate amendment to HR 478-946 was agreed to.

HB 882. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act''', so as to proivde for the redefinition of a lienholder; and for other purposes.
The Senate Judiciary Committee moves to amend HB 882 as follows:
By striking Section 6 of said Bill in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) Except as provided in Section 4 every owner of a vehicle, which is required to be registered in this State by law and for which no certificate of title has been issued by the Com missioner, shall make application to the Commissioner for a certifi cate of title of the vehicle according to the year the vehicle was manufactured. Such application is to be made in the following man ner: In the year 1963, all 1963 model vehicles shall have a certifi cate of title. In the year 1964, all 1964, 1962, and 1961 model ve hicles shall have a certificate of title. In the year 1965, all 1965, 1960, and 1959 model vehicles shall have a certificate of title. In the year 1966, all 1966, 1958, and 1957 model vehicles shall have a certificate of title. In the year 1967, all 1967, 1956 model vehicles, and all vehicles modeled prior to 1956 shall have a certificate of title. Once a vehicle is modeled in such a year as to bring it under the provisions of this Act, such vehicle, which is thereafter required to be registered in this State, shall have a Georgia Certificate of Title. Beginning in the year 1963, all owners of vehicles which are brought into this State from a State with a Title Registration Act shall register that State's certificate of title in this State by making application to the Commissioner on the forms he prescribes.
"(b) When the owner of a vehicle is required to have a certifi cate of title, or is required to register another State's certificate of title in this State, according to this Act, the Commissioner shall not register or renew the registration of such vehicle until such certificate of title has been delivered to the Commissioner with a properly executed registration application."

MONDAY, FEBRUARY 12, 1962

1599

Mr. Caldwell of Upson moved that the House disagree to the Senate amend ment and the motion prevailed.

The Senate amendment was disagreed to.

HB 1066. By Messrs. Puqua of Richmond, Melton of Spalding and others: A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act," so as to change the definition of the word "project"; and for other purposes.
The following Senate amendment was read:
Mr. Griner of the 45th moves to amend HB 1066 as follows:
'By striking the figure $190,000 in Section two thereof, wherever the same appears, and by substituting therefor the figure $19,000,000.

Mr. Puqua of Richmond moved that the House agree to the Senate amend ment.
On the motion to agree to the Senate amendment to HB 1066 the ayes were 111, nays 0.

The Senate amendment to HB 1066 was agreed to.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 1136. By Messrs. Brooks, Smith and McClelland of Pulton and Howard, Rutland, and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act providing pensions to employees of certain cities; and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 1151. By Mr. Barrett of Cherokee:
A Bill to be entitled an Act to authorize the licensing of pinball machines in certain counties; and for other purposes.

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

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1161. By Messrs. Smith, Brooks and McClelland of Pulton and Mackay, Howard, Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide additional pension benefits for beneficiaries of employees of certain cities who are killed in line of duty; and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1186. By Messrs. Lowrey, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act so as to authorize the employment of a purchasing agent by Floyd County; and for other purposes.

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

On the passage of the Bill, the ayes were 112, nays 0.

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

MONDAY, FEBRUARY 12, 1962

1601

HB 1187. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to repeal an Act placing the sheriff of Brooks County on a salary basis so that hereafter said sheriff shall be compensated on a fee basis; and for other purposes.

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

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1192. By Messrs. Killian and Flexer of Glynn and others:
A Bill to be entitled an Act to amend an Act so as to provide an increase in the salary of the Solicitor General of the Brunswick Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1195. By Messrs. Williams and Andrews of Hall:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Gainesville; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 1197. By Messrs. Taylor, Phillips and Thornton of Bibb:
A Bill to be entitled an Act to confirm the action of the City of Macon in closing certain alleys; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1198. By Messrs. Brooks, McClelland and Smith of Pulton and Mackay, Rutland and Howard of DeKalb: A Bill to be entitled an Act to amend an Act so as to increase the term of imprisonment for certain offenses committed in the City of Atlanta; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1199. By Messrs. Smith, Brooks and McClelland of Fulton and Howard, Rutland and Mackay and DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide com pensation for assistant solicitors of traffic courts in certain cities; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

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

MONDAY, FEBRUARY 12, 1962

1603

HB 1200. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend the Code so as to provide for the payment of an annual salary in lieu of fees to the coroners of certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1201. By Messrs. Howard, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to create a Bond Commission for DeKalb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1204. By Messrs. Payton and Potts of Coweta: A Bill to be entitled an Act to amend an Act providing a pension for employees of Coweta County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1205. By Messrs. Story and Morgan of Gwinnett:

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JOURNAL OP THE HOUSE,

A Bill to be entitled an Act to prohibit the operation of pinball machines in Gwinnett County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

SB 257. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act providing pensions for members of police departments of certain cities; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 258. By Senators Brown of the 52nd and McWhorter of the 34th: A Bill to be entitled an Act to amend an Act providing pensions for members of fire departments in certain cities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 269. By Senator Waters of the 41st:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Commissioner of Roads and Revenues of Fannin County; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1605

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1184. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act so as to provide for wards in the City of Vidalia for the purpose of electing councilmen; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1184 as follows:
By adding in the title before the words "to provide the procedure connected therewith" the words "to remove certain provisions relating to candidates".
By striking from the language quoted as Section 10 in Section 1 of said Bill the last paragraph as follows:
"No person holding an official office in the city of Vidalia, Georgia, shall be qualified to offer as a candidate for an elective office in the city of Vidalia, Georgia, in any election held in and for said city of Vidalia, unless such person resigns the office he then holds or is offering for re-election to the office he then holds."

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, as amended, the ayes were 112, nays 0.

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

HB 1189. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Morrow to adopt housing codes; and for other purposes.

1606

JOURNAL OF THE HOUSE,

The following committee amendment was read and adopted:

The Committee on Local Affairs moves to amend HB 1189, Section
2, by inserting in line two after the word "electrical" the following: "(except any electrical code applying to the installation, repair or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public,)".

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, as amended, the ayes were 112, nays 0.

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

HB 1190. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Lake City to exercise the right of eminent domain; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1190 by insert ing in line one, Section 6, after the word "electrical" the following: "(except any electrical code applying to the installation, repair or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public,)".

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, as amended, the ayes were 112, nays 0.

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

MONDAY, FEBRUARY 12, 1962

1607

HB 1191. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act so as to provide for a Civil Service or Merit System for employees of the City of Riverdale; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1191 by in serting in line two, Section 6, after the word "electrical" the following:
"(except any electrical code applying to the installation, repair or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public,)".

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, as amended, the ayes were 112, nays 0.

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

HB 1196. By Messrs. Morris and Branch of Tift: A Bill to be entitled an Act to amend an Act so as to change the bond required of the City Manager of the City of Tifton; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, were read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to repeal the present charter of the City of Tifton and provide a new charter for the City of Tifton", approved August 14, 1920 (Ga. Laws 1920, p. 1625), as amended, particularly by an Act approved March 24, 1937 (Ga. Laws 1937, p. 2153), and by an Act approved February 18, 1955 (Ga. Laws 1955, p. 2344), so as to provide for a change in the territorial limits of the wards; to provide for approval by the city commission for purchase or sale of city equipment; to provide that the bond required of the city manager be not less than $20,000 dollars; to provide that the city manager make certain reports to the city commission; to provide for time of registration to vote; to provide for qualification of voters; to

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JOURNAL OF THE HOUSE,

provide the time that the registrars shall complete their lists; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

An Act entitled "An Act to repeal the present charter of the City of Tifton and provide a new charter for the City of Tifton", approved August 14, 1920 (Ga. Laws 1920, p. 1625), as amended, particularly by an Act approved March 24, 1937 (Ga. Laws 1937, p. 2153), and by an Act approved February 18, 1955 (Ga. Laws 1955, p. 2344), is hereby amended by striking Section 2a in its entirety and inserting in lieu thereof a new section to read as follows:

"Section 2a. That the City of Tifton be, and the same is here
by, divided geographically into four wards so that: Ward No. 1 shall be, and is, that portion of the City north of the center line
of Tenth Street (a portion of which is unopened as of this time) and east of the center line of Central Avenue; Ward No. 2 shall be, and is, that portion of the City south of the center line of Tenth Street (a portion of which is unopened as of this time) and east of the center line of Central Avenue; Ward No. 3 shall be, and is, that
portion of the City south of the center line of Tenth Street, west of the center line of Central Avenue and northeast of the main line of the Georgia Southern and Florida Railroad; and, also, that portion of the City south of the center line of Eighth Street, south west of the main line of the Georgia Southern and Florida Railroad and west of the center line of Central Avenue; Ward No. 4 shall be, and is, that portion of the City west of the center line of Central Avenue, north of the center line of Tenth Street and northeast of
the main line of the Georgia Southern and Florida Railroad; and, also, that portion of the City north of the center line of Eighth
Street and southwest of the main line of the Georgia Southern and Florida Railroad.

"Upon any extension of the present City limits, the above men tioned ward lines shall be extended in their same general direction so as to intersect with such City limits so extended. The change in wards shall not affect the terms of the present city commissioners."

SECTION 2

Said Act is further amended by adding at the end of Section 10 the following:

"No city equipment shall be traded, sold or bought unless the approval of the city commission is first obtained."

so that when so amended Section 10 shall read as follows:

"Section 10. The city commission thus elected and organized

MONDAY, FEBRUARY 12, 1962

1609

shall be strictly a legislative body. Said commission shall pass all the ordinances for the government of the city, fix the tax rate, license fees and do and perform all necessary work of a legislative character for the successful government of the city. No city equip ment shall be traded, sold, or bought unless the approval of the city commission is first obtained."

SECTION 3
Said Act is further amended by striking from Section 13 the figure "$15,000.00" and inserting in lieu thereof the figure "$20,000.00", so that when so amended Section 13 shall read as follows:
"Section 13. The city manager shall be responsible to the com mission for the proper administration of all the affairs of the city and shall enter into a good and sufficient bond of not less than $20,000, payable to the City of Tifton, and conditioned for the faith ful discharge of his duties as city manager and for the faithful accounting thereto of all property, money and effects belonging to the city that may come into his hands or under his control. Said city manager shall require from each of his subordinates handling any money or having custody or control of any personal property of the city a like bond in such amount as he shall deem proper and upon failure to do so he shall be liable on his own bond for any default of such subordinate and the term "subordinate" shall be held to include any officer or employee appointed or employed by him. The premiums on the bonds required by this paragraph shall be paid by the city out of its general funds.
"Said city manager shall take and subscribe the following oath: "I, ....__._..........._..__._._..........___.........___.____.....,,____......,,.__. do solemnly swear that I will faithfully perform all the duties as is incumbent upon me as manager of the City of Tifton to the best of my skill and ability, so help me God."

SECTION 4
Said Act is further amended by adding to the end of Section 14 the following:
"He shall prepare and submit an operational report monthly to the city commission. He shall have prepared a complete audit each year of the books of the city."

so that when so amended Section 14 shall read as follows:
"Section 14. The city manager may appoint a city clerk, who shall attend all meetings of the commissioners and shall act as secretary of the body, a recorder and chief of police and such other members of the police force as will in his judgment be necessary, both regular and special. He may appoint a chief of the fire de partment and such other members of the fire department as may, in his judgment, be necessary. He may appoint a street super-

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intendent; a board of health, to consist of as many members as in his judgment may be necessary; a sanitary inspector; and auditor; a city physician and all other officers, subordinates and employees, that in his judgment may be necessary for the proper administra tion of the city government. It shall be his duty to enforce all ordi nances, rules and regulations passed by the commission. He shall fix the salaries of all other employees of the city; shall have the right to discharge or suspend any employee of the city when in his judgment the best interest of the city requires it, and from his action in matters of dealing with city employees there shall neither be appeal to nor interference by the commissioner. The city mana ger shall be the purchasing agent for the city and shall buy all supplies of every sort, kind and character used in the city's busi ness. He shall buy all supplies used by the public schools of the city upon proper requisition from the Board of Education therefor. He shall make all contracts for city lighting, street work, sewerage, sanitary work, paving, or any other needful thing to be done for or in behalf of the city. Said city manager shall be engaged in no other sort of kind of business, but shall devote his time and atten tion exclusively to the management of the affairs of the city. He shall, when in his judgment it is necessary, employ a suitable engineer to make surveys estimates, or to lay out and construct any work or enterprise for the city. He shall keep an office in some convenient place and his office shall be open during business hours every day, except Sundays and legal holidays, and shall employ in said office such force as may be necessary in his judgment to prop erly handle the city's business. He shall prepare and submit an operational report monthly to the city commission. He shall make a complete audit each year of the books of the city."

SECTION 5
Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. Be it further enacted that any person who has resided in the City of Tifton for four months and is a qualified voter under Article II, Section I of the Constitution and who shall have registered his name in a registration book hereinafter provided for at least 45 days prior to a city election and who shall have com plied with all requirements as to oath and registration, shall be a qualified voter in the City of Tifton."

SECTION 6
Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. Be it further enacted that immediately after the passage of this Act the clerk of the said City of Tifton shall open a book to be designated as the "Voters' Book" for the City of Tifton containing on the first page thereof the following oath, to-wit:
"I do swear or affirm that I am a citizen of the United States,

MONDAY, FEBRUARY 12, 1962

1611

that I am 21 years of age or will be on the _----..._______________ day of ____----________,,____________-__,,._ this calendar year; and I have resided in this State for one year in the County of Tift within the corporate limits of the City of Tifton for four months im mediately preceding the date of this oath or will so have resided on the __________________________ day of __--___,,----___-_____,,.----_____ of this calendar year; that I possess the qualification of an elector required by the constitution; that I am not disqualified from voting by reason of any offenses committed against the laws of this State. I further swear that I reside at No. .___--______,,.--___,,_Street in the City of Tifton, my age is _______.,,___________,,________ years, my occupa tion is ------,,.--------.-__-__----------__-_--_-----,,----_--_,,---------"

SECTION 7
Said Act is further amended by striking from Section 18 the word "six" and inserting in lieu thereof the word "four" so that when so amended Section 18 shall read as follows:

"Section 18. Signatures and Entries. Be it further enacted that any person desiring to register as a voter may apply to the clerk of the City of Tifton, or his deputy as above described, and after reading said oath or having same read to him, shall evidence the same signing his name in said voters' book underneath the written or printed oath above described; or on the same page following the page on which the oath is written or printed. A memorandum of the date of entry of the voter's name, his street number, or place of residence, his age, and occupation shall be made by the officer in charge of said book. When the applicant is not 21 years old at the date of taking the oath a similar entry or memorandum shall be likewise made, showing the date in that year when he will have reached the age of twenty-one and when the applicant has not re sided in the State one year or in the city four months at the date of taking such oath a similar entry or memorandum shall be made showing the date in that year when he will have resided in this State one year and in the City of Tifton four months."

SECTION 8
Said Act is further amended by striking from Paragraph (b) of Section 20 the words "first day of September" and inserting in lieu thereof "thirtieth day of October" and by striking the words "September 1st" and inserting in lieu thereof "October 30th" so that when so amended said Section 20 (b) shall read as follows:
"Section 20 (b). The registrars shall in each year meet on the thirtieth day of October, or on the Monday thereafter if October 30th falls on Sunday, and begin the work of perfecting a true and correct list of the qualified voters for the City of Tifton, and as taken from voters' book. It shall also be their duty to obtain a list of disqualified voters from the tax commissioner of said County of Tift in which said City of Tifton is located, showing all persons residents of said City of Tifton, who are disqualified by failure to have paid due or past due poll taxes, or from other legal causes

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and any expense attendant thereto to bind the said city from its general funds to pay a reasonable expense attending the actual preparation of such disqualified list, and shall proceed to make up a list to be known as "Qualified Registered Voters List" in alpha betical order of names."

SECTION 9

Said Act is further amended by striking the first sentence of Paragraph (c) of Section 20 and inserting in lieu thereof the following:

"The said registrars shall complete their list of qualified regis tered voters not later than twenty five days prior to the date the annual city election is held in each year, provided the city com mission may grant by resolution an extension of time in event said registrars cannot complete said list by that date."

so that when so amended Paragraph (c) shall read as follows:

(c). The said registrars shall complete their list of qualified registered voters not later than twenty five days prior to the date the annual city election is held in each year, provided the city com mission may grant by resolution an extension of time in event said registrars cannot complete said list by that date. Upon completion of said list of voters same shall within five days file the "List of Registered Qualified Voters" so prepared with the clerk of said city, which list shall be the list of registered qualified voters for the annual election of officers for said City of Tifton for that calendar year, and for an election held in said city by the people until the preparation and filing of list of qualified registered voters for the succeeding year. No person shall vote or be allowed to vote at the annual election for city officers or any election held under the provisions of said city charter or laws of Georgia provided for municipal elections for said city, unless his, or her name, is upon the said registration list so filed by said registrars provided that no person shall be qualified to vote at any election unless he shall have paid all poll taxes due at least six months before the same, except when said election is held within six months from the ex piration of the time fixed by law for the payment of said taxes."

SECTION 10

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

MONDAY, FEBRUARY 12, 1962

1613

HR 615-1163. By Messrs. Melton and Bolton of Spalding:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Griffin Industrial Building Authority; to provide for powers, authority, funds, pur poses and procedure connected 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

Section 1, Article V, Section IX of the Constitution is hereby amended by adding ata the end thereof a new paragraph which shall read as follows:

"A. There is hereby created a body corporate and politic in the City of Griffin to be known as the Griffin Industrial Building Au thority, which shall be an instrumentality of the City of Griffin and a public corporation and which in this amendment is here after referred to as the 'Authority';

"B. The Authority shall consist of seven members. The Chair man of the Board of Commissioners of the City of Griffin, the Chairman of the Spalding County Board of Commissioners, and the Executive Director of the Chamber of Commerce shall be members of the Authority; and, in addition, the Board of Commissioners of the City of Griffin shall appoint four members. Initially the four appointed members shall be appointed with staggered terms of one, two, three and four years, and thereafter the appointed members shall each be appointed to four year terms and shall be eligible to reappointment. Vacancies shall be filled for any unexpired term by the Board of Commissioners of the City of Griffin. Four of the seven members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obli gations of the Authority shall have the same immunity from taxa tion as the property, obligations and interest on the obligations of the City of Griffin.

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue certifi cates, to execute trust agreements or indenures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

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"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Spalding County, suitable for and intended for use as a factory, mill, shop, pro cessing plant, assembly plant, or fabricating plant, including all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construc tion thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equip ping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the build ing or buildings and to pay rentals or installments sufficient, to gether with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Spalding County or City of Griffin;

"P. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is

MONDAY, FEBRUARY 12, 1962

1615

hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged mortgaged, conveyed, assigned, hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Spalding County or the City of Griffin, to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Spalding County or the City of Griffin.
"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings;
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment in Spalding County and in the City of Griffin;
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corp orations shall at any time be used for entertainment, or other pro motional expenses;
"K. Should said 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 the City of Griffin, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time;
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Spalding County and the City of Griffin and reducing un employment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liber ally construed for the accomplishment of these purposes;

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"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation;

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Griffin and the scope of its operations shall be limited to the territory embraced within Spalding County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Griffin Industrial Building Authority;
"Against ratification of amendment to the Constitution so as to create the Griffin Industrial Building Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Spalding County shall vote for ratification thereof, this amendment shall become a part of the Consti tution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certi fy the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The following amendment was read and adopted:
The Committee on Local Affairs move to amend HR 615-1163 as follows:

MONDAY, FEBRUARY 12, 1962

1617

By striking the paragraph lettered "B" as it appears in Section 1 of said Resolution in its entirety and inserting in lieu thereof the following:

"B. The Authority shall consist of seven members. The Chair man of the Board of Commissioners of the City of Griffin, the Chairman of the Spalding County Board of Commissioners, and the
Executive Director of the Chamber of Commerce shall be members of the Authority; and, in addition, the Board of Commissioners of the City of Griffin shall appoint three members and the Board of Commissioners of Roads and Revenues of Spalding County shall appoint one member. Initially the three members appointed by the Commissioners of the City of Griffin shall be appointed with stag
gered terms of one, two and three years; the member appointed by the Commissioners of Roads and Revenues shall have a term of four years. Thereafter the appointed members shall each be ap pointed for four year terms and shall be eligible for reappointment. Vacancies shall be filled for any unexpired term by the Board of Commissioners of the City of Griffin as to the three (3) members appointed by them, or by the Board of Commissioners of Roads and
Revenues of Spalding County as to the member named by them. Pour of the seven members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act."

By adding to the paragraph lettered "D" as it appears in Section I of said Resolution the following power which shall be numbered 10 and shall read as follows:
"(10) The Authority shall have no right of eminent domain or consideration."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Black
Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch

Brantley Brooks of Oglethorpe Brooks of Fulton
Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa

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JOURNAL OF THE HOUSE,

Clarke of Monroe Cocke Collins Cox Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien

Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts

Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper

Dicus Doster Echols Flexer Floyd Flynt Harrell Hodges Hurst

Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton

MONDAY, FEBRUARY 12, 1962

1619

Morris Moss NeSmith Pannell Parker of Screven Rodgers of Charlton Rogers of Paulding

Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield

Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 158 nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HR 616-1163. By Mr. Boggs of Madison:
A RESOLUTION
Proposing an am:ndment to the Constitution so as to create the Madison County Industrial Development Authority; to provide for pow ers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by add ing at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Madison County to be known as the Madison County Industrial De velopment Authority, which shall be an instrumentality of Madison County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of ten members. The President of the Athens area Chamber of Commerce, the Mayor of the City of Danielsville, and the Chairman of the Madison County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Madison County shall appoint two members who shall serve for a term of five years and who shall be eligible for re-appointment. In addition, there shall be one member from each of the five incor porated cities within the county, being Danielsville, Ila, Comer, Carlton, and Hull, to be appointed by the governing authority of each city. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members

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JOURNAL OF THE HOUSE,

shall constitute a quorum and a majority may act for the Author ity in any matter. No vacancy shall impair the power of the Au thority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Madi son County.

"D. The powers of the Authority shall include, but not be lim ited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Madison County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Madison County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings ma chinery and equipment. Such acquisition may be through the acqui sition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

MONDAY, FEBRUARY 12, 1962

1621

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Madison County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity 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 amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment or principal or interest or under any term or condition under which such bonds are issued. Nothing here in contained shall be construed to create a right to compel any exercise of the taxing power of Madison County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Madison County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment in Madison County.
"(2) The lessee or purchaser of the building or buildings in-

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volved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any tinis bs used for entertainment, or other pro motional expenses.

"K. Should said 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 Madison County subject to any mortgages, liens, leases or other encum
brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Madison County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with ref erence to the Authority shall be liberally construed for the accom plishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Ass -mbly may by law further define and pre scribe the powers and duties of the Authority and the exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Au thority shall be an instrumentality of Madison County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to creata the Madison County Industrial Development Authority.

MONDAY, FEBRUARY 12, 1962

1623

"Against ratification of amendment to the Constitution so as to create the Madison County Industrial Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Madison County shall vote for rati fication thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.
The following amendment was read and adopted:
Mr. Boggs of Madison moves to amend HR 616-1163 as follows:
By striking from Section 1 paragraph B "the Mayor of the City of Danielsville" and adding to Line 10 of said ssction and paragraph above, "The City of Colbert."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barbel1 Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs

Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa

Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming

1624

JOURNAL OP THE HOUSE,

Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt

McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moabe Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham
Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin

Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuekey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer

Floyd Flynt Harrell Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett

Melton Morris Moss NeSmith Pannell Parker of Screven Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton

MONDAY, FEBRUARY 12, 1962

1625

Smith of Habersham Smith of Whitfield Taylor of Decatur

Underwood of Montgomery
Vaughn

Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 158, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 621-1176. By Messrs. Willingham, Wilson and Teague of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintend ent by the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Cobb County shall be composed of seven (7) members to be elected as hereinafter provided. For the purpose of electing such members, Cobb County is hereby divided into seven (7) Education Districts to be composed of Militia Dis tricts as follows:
"Education District No. 1 shall be composed of Smyrna Militia District.
"Education District No. 2 shall be composed of Coxes, Howells and Lemons Militia Districts.
"Education District No. 3 shall be composed of Austell, Macland, Oregon, Powder Springs, and Clarkdale Militia Districts.
"Education District No. 4 shall be composed of Acworth, Big Shanty, Lost Mountain and Red Rock Militia Districts.
"Education District No. 5 shall be composed of Elizabeth Gritter, Merritts, and Post Oak Militia Districts.

1626

JOURNAL OF THE HOUSE,

"Education District No. 6 shall be composed of Fullers and Vinings Militia Districts.

"Education District No. 7 shall be composed of Fair Oaks Militia District and that portion of the Marietta Militia District lying outside the corporate limits of the Ciy of Mtarietta.

"Any person in order to be eligible for membership on the Board to represent an education district must reside in the district which he represents. There shall be one member of the Board from each education district. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the Board, nor shall any such person be eligible to serve on the Board. Any person in order to be eligible to serve on the Board must be a freeholder, must be reg istered to vote for members of the General Assembly in Cobb County, and must have resided in the district from which he offers as a candidate for at least one year immediately preceding the date of the election.

"At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest num ber of votes shall be the member of the Board from that district. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and quali
fied. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and, likewise, shall take office on the first day of January immediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chairman who shall serve for that year.

"In the event a vacancy occurs on the Board for any reason other than expiration of a term of office, it shall be the duty of the Ordinary to issue the call for a special election to fill such vacancy for the unexpired term in the district in which the vacancy occurs. He shall issue such call within ten (10) days after the vacancy occurs and shall set the date of such election for not less than twenty-five (25) nor more than thirty (30) days after the vacancy occurs. Candidates shall have fifteen (15) days in which to qualify for such election. In the event the vacancy occurs, however, in not less than thirty (30) nor more than ninety (90) days prior to tha next General Election, the vacancy shall be filled at an election on the date of such General Election. Candidates shall have fifteen (15) days within which to qualify. The Ordinary may include the same on the General Election Ballot or may provide a separate special election ballot therefor.

"The Board shall appoint and employ a County School Super intendent for Cobb County who shall serve at the pleasure of the

MONDAY, FEBRUARY 12, 1962

1627

Board. Provided, that no contract of employm:nt shall extend for more than six months beyond the end of the term of office of the members of the Board employing the Superintendent. No County School Superintendent for Cobb County shall be elected at the General Election in 1964, but the term of office of the School Su perintendent whose term would ordinarily expire at the end of 1964 shall continue until such time as the Board appoints a Supsrintendent in 1965. The terms of the members of the Board of Edu cation in effect at the time of the ratification of this amendment shall expire December 31, 1964, and the Board of Education of Cobb County in effect at that time shall stand abolished.

"The Board of Education of Cobb County as provided for herein and the County School Superintendent as provided for herein, shall be subject to all constitutional provisions and all statutory provi sions relative to county boards of education and county school su perintendents, respectively, unless such provisions are in conflict with the provisions of this amendment.

"In the event this amendment is ratified at the General Election in 1962, an election shall be held on the second Saturday in October, 1963, for the purpose of determining whether the members of the Board of Education created herein shall be elected only by the vot ers of each respective District, or whether such members shall be elected by the voters of the entire county. In either event, no person residing within the limits of any independent school system shall be eligible to vote. It shall be the duty of the Ordinary of Cobb County to cause the date and purposa of such election to be published once a week for four weeks immsdiatsly preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words "No. 1--For electing the members of the Board of Education of Cobb County only by the voters of eash respective Education District." and "No. 2--For electing the mem bers of the Board of Education of Cobb County by the voters of the entire county." The ballot shall be so marked that the voter shall be able to check the proposal for which he desires to vote. If a majority of the votes cast are for No. 1 each member of the Board of Education of Cobb County shall be elected only by the voters of the District. If a majority of the votes cast are for No. 2 all mem bers of the Board of Education of Cobb County shall be elected by the voters of the entire county. The expenses of such election shall be borne by Cobb County. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordi nary to canvass the returns and declare and certify the result of the election. He shall enter the result of the election on his minutes and shall also certify the result thereof to the Secretary of State."

SECTION 2

Whn the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article

1628

JOURNAL OF THE HOUSE,

XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board.

"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The following amendment was read and adopted:
Messrs. Willingham, Wilson and Teague move to amend HR 6211176 as follows:
By inserting after the words "term in" and before the words "the district", the words "or for" in the first sentence of the fourth para graph of the quoted matter in Section 1; and
By inserting between the words "this amendment" and the words "shall expire" the following:
"as well as those subsequently appointed," in the last sentence of the fifth paragraph of the quoted matter in Sec tion 1.

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, as amended, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 12, 1962

1629

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbeo Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocka Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee

Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Suniter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham

Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

1630

JOURNAL OF THE HOUSE,

Thos? not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols F lexer Floyd Flynt Harrell

Hodges

Hurst

Johnson

Keyton

Killian

Killingsworth

Lan?

Langford

Lewis of Burke

Lovett

Melton

Morris

Moss

NeSmith

.

Pannell

Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersharn Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution. ; ~ amended, the ayes were 158, nays 0.

The Resolution, ha.ving received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HR 576-1126. By Mr. Davis of Wayne:
A RESOLUTION
Proposing an amendment to the Constitution so as to relieve the sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"In the event the Board of Commissioners of Roads and Reve nues of Wayne County should provide for county police for Wayne County as is authorized by law, or should a county force for Wayne County be established in any other manner, the sheriff of Wayne County, at such time, shall be relieved of any duties which he now has with regard to law enforcement and with regard to his being jailer and all such duties shall be perform?d by the county polica of Wayne County."

MONDAY, FEBRUARY 12, 1962

1631

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to relieve the sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created.

"Against ratification of amendment to the Constitution so as to relieve the sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adama Akina Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Black Blalock Boggs Bolton Bowen of Toombs Boyett

1632

JOURNAL OF THE HOUSE,

Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts

Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs. :

Birdsong Bowen of Randolph Brackin Caldwell

Cloer Coker Conner Crawford

Culpepper Dicus Doster Echols

Flexer Floyd Flynt Harrell Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford

MONDAY, FEBRUARY 12, 1962

1633

Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven Rodgers of Charlton Rogers of Paulding Roper Sangster

Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 577-1126. By Mr. Davis of Wayne:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a County Administrator of Wayne County; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created the office of County Administrator of Wayne County. It shall be the duty of the Board of Commissioners of Roads and Revenues of Wayne County, as soon as possible after the ratification of this amendment, but not later than April 1, 1963, to appoint a person as County Administrator. No member of the Board shall be appointed County Administrator or acting County Administrator during the term of office for which he was elected nor for a period of one year thereafter.
"The County Administrator shall be chosen by the Board of Commissioners solely upon the basis of his executive and admin istrative qualifications with special reference to his actual experi ence in, or knowledge of, accepted practices in respect to the duties of his office as hereinafter set forth. His salary shall be fixed by

1634

JOURNAL OF THE HOUSE,

the Board of Commissioners and he shall be subject to removal at any time without .notice or statement or proof of cause.

"The County Administrator shall be the chief executive officer of the County of Wayne and head of the administrative branch of the County government. He shall be responsible to the Board for the proper administration of all affairs of the County, except as otherwise provided by law, and it shall be his duty:

"(a) To appoint and remove all officers and employees of the County which ths Commissioners have been heretofore empowered to appoint and discharge, except the County Attorney, who shall be appointed by the Board of Commissioners;
"(b) To see that all rules and regulations adopted by the Board of Commissioners are enforced;
"(c) To exarcise control over all departments or divisions of the County which the Board of Commissioners have heretofore exer cised, or that may hereafter be created;
(d) To attend all meetings of the Board of Commissioners, with the right to take part in the discussion, provided he shall have no vote before the Board;

"(e) To prepare and submit to the Board of Commissioners the annual budget;

"(f) To keep the Board of Commissioners advised as to the financial condition and needs of the County;

"(g) To appoint and remove the Clerk of the Board and the assistant Clerk, as well as the Superintendent of Roads, County Police and all other officers and employees of the County, except as otherwise provided;

"(h) To fix the salaries of all officers and employees of the County, whom he has the right to appoint; and

"(i) To perform such other duties as may be required of him by the Board of Commissioners of Wayne County.

"The Board of Commissioners shall have the right to require the County Administrator to go before them at any time and make such report or reports as they deem necessary.

"The Board of Commissioners may designate some qualified person to act as temporary County Administrator in the absence of the County Administrator, provided that no member of the Board of Commissioners shall be appointed as acting County Ad ministrator. While so engaged, the acting County Administrator

MONDAY, FEBRUARY 12, 1962

1635

shall have all of the right, duties, and authority of the County Ad ministrator.

"The County Administrator shall devote his full time to his
office, and shall hold no other office or employment while so engaged.

"The County Administrator shall be the purchasing agent for the County, by whom all purchases of supplies and all contracts therefor shall be made, and he shall countersign, with the Clerk, all vouchers for the payment of the same under such rules and regulations as the Board of Commissioners may adopt, not incon sistent herewith. The Board of Commissioners shall adopt rules for regulating purchases made by the County and the County Admin istrator shall be governed thereby.

"The County Administrator shall be required to execute and deliver a good and sufficient surety bond payable to the Board of Commissioners, to be approved by them, conditioned upon the faith ful performance of his duties, the amount thereof to be determined by the Board of Commissioners."

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to pro vide for a County Administrator of Wayne County.
"Against ratification of amendment to the Constitution so as to provide for a County Administrator of Wayne County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

1636

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald

Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massae Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity

Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey

MONDAY, FEBRUARY 12, 1962

1637

Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty

Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee

Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Thos? not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 578-1126. By Mr. Davis of Wayne:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the recall of county officers of Wayne County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

1638

JOURNAL OF THE HOUSE,

"Each county officer of Wayne County shall be subject to recall

at any time after his election. The petition for such recall election

must be signed by not less than 15% of the qualified 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 Ordinary of Wayne County, and it must be signed

in the presence of the Ordinary or of an employee of the Ordinary.

The person or persons sponsoring such petition shall address such

petition to the Ordinary, petitioning him to call for a special election

i .

to submit the question of whether any such county officer shall be

recalled. The Ordinary shall allow such person or 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 person or persons must notify the Ordinary

when they desire to officially present the petition to him. It shall

then be the duty of the Ordinary to determine whether such petition

bears the proper percentage of names and to determine the suffi

ciency of the petition. For this purpose, the Clerk of the Superior

Court of Wayne County is hereby directed to furnish the Ordinary

with a list of the registered voters for the last general election.

The Ordinary must make his decision on the sufficiency of the

petition within 15 days after the same is formally presented to

him. In the event he determines 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

20 nor more than 30 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 words, 'For recall

of (name of officeholder) (name of office)' and "Against recall

of (name of officeholder) (name of office)." The Ordinary 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 re-election or

appointment to the unexpired term. 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 herein provided 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

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

MONDAY, FEBRUARY 12, 1962

1639

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

"For ratification of amendment to the Constitution so as to provide for the recall of county officers of Wayne County.

"Against ratification of amendment to the Constitution so as to provide for the recall of county officers of Wayne County."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch

Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy

Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner

1640

JOURNAL OF THE HOUSE,

Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore

Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Robarts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer

Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Thos j not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

MONDAY, FEBRUARY 12, 1962

1641

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HE 582-1126. By Messrs. Busbee and Odom of Dougherty:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia, so as to provide for the establishment of fire protection districts in Dougherty County outside municipalities by the governing authority of Dougherty County; to provide that the governing authority of said county may adopt and enforce fire safety regulations for said fire protection districts and for the entire area out side municipalities; to authorize the governing authority of Dougherty County to provide fire protection for said fire protection districts by contract or otherwise; to provide for referendums; to provide for the levy of a tax to defray the cost of fire protection for the fire districts; to repeal prior constitutional amendments and statutes; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution of Georgia, relating to the districting of counties, is hereby amended by adding at the end thereof the following:
"The Governing Authority of the County of Dougherty is hereby given the authority to district areas outside of municipalities in said county for fire protection purposes, to furnish fire protection to said districts by contract, or by installing a system of its own, or otherwise, and to adopt and enforce fire safety regulations for Dougherty County outside of municipalities, the violation of which shall be a misdemeanor and punished as such. In the event such districts are formed, the Governing Authority of Dougherty County shall levy a tax upon all the real and personal property except cattle and livestock located within such fire districts sufficient to defray all costs of fire protection to such districts; provided, that such tax need not be at the same rate in all such districts, but the rate may be determined separately with respect to each district according to the needs or requirements of such district. Said tax shall be levied on said property before deduction for homestead exemption; and the right to claim homestead exemption shall not apply as against this tax.
"At any time when there is in effect in Dougherty County a program of County fire protection, a referendum election to deter-

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JOURNAL OF THE HOUSE,

mine whether the County shall continue to furnish fire protection in Dougherty County and to levy a tax to defray the expense thereof may be initiated by a petition presented to the Governing Authority of said county signed by one-fourth ( 1A) of the persons who own real or personal property located within a fire district which is subject to the fire protection tax, asking that an election be held for the purpose of determining whether fire protection shall be continued within said county and a tax levied to defray the expense
thereof. Upon receipt of such a petition, the Governing Authority of said county shall call an election to determine the question. Said
election shall be called by written resolution of said governing authority, and notice of the election shall be published once a week for four weeks prior to said election in the newspaper in which the legal advertisements for the county are published, giving notice that on the day named an election will be held to determine the question whether Dougherty County shall continue to furnish fire protection and to levy a tax to defray the expense thereof.

"None but persons owning property within the County subject to the fire protection tax shall be permitted to vote at said election, and the vote of a majority of those voting in said election shall decide and determine the question.
"No referendum shall be held to determine this question within four years of the date of any prior referendum held for this pur pose.
"The Governing Authority of Dougherty County may serve as election managers, or may appoint, in lieu thereof, any three persons who are qualified to vote in said election.

"The polls shall remain open during the hours now fixed by law for general elections. The ballots cast and the voting lists shall be in the custody of the Governing Authority of Dougherty County, Georgia, or the managers appointed by them, which said Authority or said managers, as the case may be, shall declare the result of said election. The ballots, consolidated returns and the other papers declaring the result of the election shall be filed with the Clerk of the Superior Court of Dougherty County, Georgia, and the result shall be certified to the Secretary of State in accordance with the provisions of Code Section 34-1924 of the Code of Georgia as amended by the Acts of 1953.
"All prior laws and parts of laws, constitutional amendments, and statutes, dealing with fire protection in Dougherty County are hereby repealed."

SECTION 2
When the above proposed amendment of the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor

MONDAY, FEBRUARY 12, 1&62

1643

is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph.

The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to authorize the establishment of fire protection districts in Dougherty County outside municipalities by the Governing Authority of Dougherty County; to provide that the Governing Authority of said county may adopt and enforce fire safety regulations for said protection districts and for the entire area outside municipalities; to authorize the Governing Authority of Dougherty County to provide fire protection for said fire protection districts by contract or otherwise; to provide for the levy of a tax to defray the cost of fire protection for the fire districts, to repeal prior constitutional amendments and statutes; and for other purposes." "Against ratification of amendment to authorize the establishment of fire protection districts in Dougherty County out side municipalities by the Governing Authority of Dougherty County; to provide that the Governing Authority of said county may adopt and enforce fire safety regulations for said fire protection districts and for the entire area outside municipalities; to authorize the Governing Au thority of Dougherty County to provide fire protection for said fire protection districts by contract or otherwise; to provide for the levy of a tax to defray the cost of fire protection for the fire districts, to repeal prior constitutional amendments and statutes; and for other purposes."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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, if such amendment be ratified, make proclamation thereof.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins

Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes

1644

JOURNAL OP THE HOUSE,

Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull

Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jonss of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb

Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

MONDAY, FEBRUARY 12, 1962

1645

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 584-1126. By Messrs. Duncan and Waldrop of Carroll:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the "Mt. Zion, Turkey Creek and Flint Corner 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 GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Mt. Zion, Turkey Creek and Flint Corner Develop ment Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and juris diction to be limited to the territory embraced by Militia Districts 1240 and 1436 of Carroll County and the corporate limits of the Town of Mt. Zion. The County of Carroll and the Town of Mt. Zion may contract with the Authority as a public corporation as pro vided by the Constitution of Georgia.

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"The Authority shall consist of seven members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the governing authorities of the County of Carroll and tha Town of Mt. Zion. Members of the Authority shall be residents of Militia Districts 1240 and 1436 within or without the corporate limits of the Town of Mt. Zion. The General Assembly shall pro vide for appointment and terms of members of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretarytreasurer. The secretary-treasurer shall not be required to be a member of the Authority.

"All lands and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation certi ficates issued by the Authority, shall be exempt from Stats, county and municipal taxation.

"Said Authority is created for the purposa of developing and promoting for the public good and general welfare industry, agri culture, commerce natural resources, and vocational training and the making of long-range plans for the coordination of such develop ment, promotion and expansion, within its territorial limits. The
Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Carroll or the Town of Mt. Zion. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. The Authority is specifically authorized to issue revenue bonds for the purposes provided and for the purposes which may be provided by the General Assembly."

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the 'Mt. Zion, Turkey Creek and Flint Corner Development Authority'.
"Against ratification of amendment to the Constitution so as to create the 'Mt. Zion, Turkey Creek and Flint Corner Development Authority.' "

MONDAY, FEBRUARY 12, 1962

1647

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa

Clarke of Monroe Cocke Collins Cox Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Dune an of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner

Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller

1648

JOURNAL OF THE HOUSE,

Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell

Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb

Teague Thornton Todd Tucker Twitty Undercofler Underwood of Tayloi Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

MONDAY, FEBRUARY 12, 1962

1649

HR 585-1126. By Mr. Smith of Habersham:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Clarkesville Industrial Building Authority; to provide for powers, au thority, funds, purposes and procedure connected 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 V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
^1
"A. There is hereby created a body corporate and politic in the City of Clarkesville to be known as the Clarkesville Industrial Build ing Authority, which shall be an instrumentality of the City of Clarkesville and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of five members. The Presi dent of the Clarkesville Chamber of Commerce and the Mayor of the City of Clarkesville shall be ex-officio members of the Authority. In addition the Clarkesville City Council shall appoint three members for a term of five years and they shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said City Council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Clarkesville except such buildings, land and equipment purchased by the Authority and found in existence at the time of the adoption of this amendment.

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1.) To receive and administer gifts, grants and donations and to administer trusts;
"(2.) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3.) To contract with political subdivisions of the State of

1650

JOURNAL OF THE HOUSE,

Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4.) To have and exercise usual powers of private corpora tion except such as are inconsistent with this instrument, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5.) To encourage and promote the expansion and develop ment of industrial and commercial facilities in the City of Clarkesville so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Clarkesville suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such building. No con struction or purchases of materials for construction or purchase of office supplies or equipment whosa value is in excess of three hundred ($300.00) dollars shall be made except by advertisement for sealed bids and on the basis of lowest bid. No member of said Authority or any member or his family shall be allowed to perform any business transaction with said authority or contractor doing business with the Authority. Neither shall any member of the Authority or any member of his family be employed by firms or persons transacting business with the Authority;
"(6.) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations except corporations whose stock is owned in part by any member of the Authority or the governing body of the City of Clarkesville. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur pose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in con nection with the undertaking;
"(7.) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8.) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9.) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

MONDAY, FEBRUARY 12, 1962

1651

"E. The Authority shall not be authorized to create in any mannsr any debt, liability or obligation against the State of Georgia or the City of Clarkesville.

"P. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing the rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been orginally 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 lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to com pel any exercise of the taxing power of the City of Clarkesville to pay any such bonds or the interest thereon nor to enforce pay ment thereof against the property of the City of Clarkesville.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1.) The undertaking for which the bonds are to be issued will increase employment in the vicinity of the City of Clarkesville;
"(2.) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said city, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other
promotional expenses.

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JOURNAL OF THE HOUSE,

"K. Should said Authority for any reason be dissolved, this title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Clarkesville, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said prop erty at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the vicinity of the City of Clarkesville and reducing unem ployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Au thority shall be an instrumentality of the City of Clarkesville and the scope of its operations shall be limited to the territory embraced within said city. The General Assembly shall not extend the juris diction of the Authority nor the scope of its operations beyond such limits."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Clarkesville Industrial Building Authority.
"Against ratification of amendment to the Constitution so as to create the Clarkesville Industrial Building Authority."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

MONDAY, FEBRUARY 12, 1962

1653

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in the City of Clarkesville shall vote for ratification thereof, this amendment shal become a part of the Con stitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox

Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd

Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware

1654

JOURNAL OF THE HOUSE,

Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin

Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker

Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Thos; not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Flynt Floyd Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 586-1131. By Mr. Phillips of Walton: A RESOLUTION
Proposing an amendment to the Constitution so as to create the

MONDAY, FEBRUARY 12, 1962

1655

Walton Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected 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 V, Section IX of the Constitution is hereby amended by add ing at the end thereof a new paragraph which shall read as follows:

"A. There is hereby created a body corporate and politic in Walton County to be known as the Walton Industrial Building Authority, which shall be an instrumentality of Walton County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members. The Presi dent of the Monroe-Walton County Chamber of Commerce, the Chair man of the Monroe City Council, and the Chairman of the Walton County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenues of Walton County shall appoint two members and shall be eligible for a term of five years and shall be eligible for re-appoint ment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Walton County.

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1.) To receive and administer gifts, grants and donations and to administer trusts;
"(2.) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3.) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4.) To have and exercise usual powers of private corpora tion except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and

1656

JOURNAL OF THE HOUSE,

to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5.) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Walton County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Walton County, suitable for and in tended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the ac quisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;
"(6.) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may "be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7.) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8.) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9-) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Walton County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws
1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as

MONDAY, FEBRUARY 12, 1962

1657

if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypo thecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default of such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein con tained shall be construed to create a right to compel any exercise of the taxing power of Walton County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Walton County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired herein, to be placed in escrow and to be negotiated from time to time as proeeeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1.) The undertaking for which the bonds are to be issued will increase employment in Walton County;
"(2.) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 Walton County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Walton County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the ac complishment of these purposes.

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"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise, further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Walton County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Walton Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Walton Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Walton County shall vote for ratifi cation thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his
proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Eesolution, was agreed to.

MONDAY, FEBRUARY 12, 1962

1659

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock
Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua

Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell

Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee

1660
Wells of Camden White Wickham

JOURNAL OP THE HOUSE,
Williams of Coffee Williams of Hall Wilson

Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Eodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 587-1131. By Messrs. Lewis and Tucker of Burke:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Burke County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1 Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Burke County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a pub lic corporation, its scope and jurisdiction to be limited to the terri-

MONDAY, FEBRUARY 12, 1962

1661

tory embraced by Burke County. The county may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

"The county is authorized to levy a tax on all taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed.

"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue-anticipa tion bonds issued by the Authority, shall be exempt from State and local taxation.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Burke. The Authority is created for nonprofit pur poses and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

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

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

"For ratification of amendment to the Constitution so as to create the Burke County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Burke County Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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if such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe

Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King

Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Screven Parker of Ware Farmer Payton

MONDAY, FEBRUARY 12, 1962

1663

Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons

Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin T aylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty

Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of'Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 589-1131. By Messrs. Coker and Abney of Walker:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Walker County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1664

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Walker County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Walker County. The County may contract with the Authority as a public corporation as provided by the Con stitution of Georgia.
"There shall be seven (7) members of the Authority and they shall be as follows: The Commissioner of Road and Revenues of Walker County, a member appointed by the governing body of Chickamauga, a member appointed by the governing body of Rossville, a member appointed by the governing body of LaFayette, a member appointed by the Kiwanis Club of Chattanooga Valley, and two (2) members from the county at large appointed by the five (5) members provided for above to serve at the pleasure of said five (5) members.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxa tion.
"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Walker or any municipality located within the County of Walker. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and executively for the pur poses for which the Authority is created."

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

MONDAY, FEBRUARY 12, 1962

1665

XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to create the Walker County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Walker County Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs

Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox

Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene

1666

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Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt
McClelland McCracken McCutchen McDonald

McGarity Milhollin Miller
Mixon Moate Moore Moorman
Morgan Mullis Murphy Newton
Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts
Ross Rowland Rutland Scarborough Scoggin Shuman Simmons

Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian
Killingsworth Lane Langford Lewis of Burk Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

MONDAY, FEBRUARY 12, 1962

1667

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 591-1147. By Messrs. Dickey, Crawford and Funk of Chatham:
A RESOLUTION
Proposing an amendment to the Constitution so as to create addi tional industrial areas in the County of Chatham; to fix the boundaries of said industrial areas; to provide that needed municipal services be furnished said areas as a prerequisite for taxation by any municipal corporation; to provide for the levying of taxes in a manner different from the manner of levying taxes on other classes of property; to limit the amount of taxes that may be levied in said industrial areas by any municipal corporation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
WHEREAS, the growth of industry in Chatham County in those parts thereof heretofore designated as industrial areas makes it expe dient to encourage further the growth of industry in said County by the designation of additional areas for the like purpose and to provide for the furnishing of certain services to such areas by any municipal corporation which may hereafter be in a position to render same.
WHEREAS, three areas in said county currently devoid of indus trial improvement and a fourth area currently being improved are so located so that there are certain local businesses which should enjoy the privileges and immunities of an industrial area, and it is deemed espe cially appropriate for such designation; now therefore
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph III of the Constitution of Geor gia is hereby amended by adding at the end of Paragraph III the fol lowing :
"There are hereby created in Chatham County, west of the property of the Georgia Ports Authority (commonly known as the Savannah State Docks) and adjacent to the boundaries of the City of Port Wentworth certain areas to be known as industrial areas, which areas shall include all the land and improvements located within the following boundaries:
Parcel No. 1
"ALL that certain tract or parcel of land comprising the area

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of land in Chatham County, Georgia, which is bounded on the North by the Southern line of the right-of-way of Crossgate Road (which road is now in its westerly extension within the present corporate limits of the City of Port Wentworth), on the East by the present corporate limits of the City of Port Wentworth, on the
South by the present corporate limits of the City of Port Went worth, and on the West by the Eastern line of the right-of-way of a portion of Georgia State Highway 21 (which is within the present corporate limits of the City of Port Wentworth)'.

Parcel No. 2
"ALL that certain tract or parcel of land comprising the area of land in Chatham County, Georgia, which is bounded on the North by the present corporate limits of the City of Port Went worth, on the East by the pressnt corporate limits of the City of Port Wentworth, on the South by the Northern line of the rightof-way of Crossgate Road (which road is now in its westerly ex tension within the present corporate limits of the City of Port Wentworth), and on the West by the Eastern line of the right-ofway of a portion of Georgia Highway 21 (which is within the pres ent corporate limits of the City of Port Wentworth).

Parcel No. 3
"ALL those certain tracts or parcels of land lying contiguous and comprising the combined area of land in Chatham County, Geor gia, the boundary of which is determined as follows: Beginning at the point which marks the intersection of the northerly line of the right-of-way of Coastal Highway Seventeen (17) with the low water line of the westerly edge of the Savannah River, proceeding thence in a direction generally westwardly along the said northerly line of said right-of-way to its point of intersection with the present corporate limits of the City of Port Wentworth, proceeding thence in a direction at first westwardly and then northwardly along the line of said corporate limits to its point of intersection and concur rence with the southerly bank of Augustine Creek and thence along said creek bank in a direction generally northwardly to the inter section of said creek bank with the easterly line of the right-of-way of the highway known as Georgia Route Twenty-one (21) ; and thence in a direction generally northwardly along said easterly line of said right-of-way to a point which is the most westerly point of the parcel of land herein described, which point is determined as follows: commencing at a point on said easterly line of the rightof-way of said highway known as Georgia Route Twenty-one (21) which point marks the intersection of said easterly line with the projection eastwardly of the center line of the highway known as Georgia Route Thirty (30), and proceeding thence north eighteen degrees and no minutes west (N 18 WO') for a distance of twentythree hundred feet (2300') to a point on said easterly line, and thence north fifteen degrees and no minutes west (N 15 W 0') a distance of four hundred and eighty-five (485') feet to a point on said easterly line of said right-of-way of said Georgia Route Twen ty-one (21) which is the most westerly point of the parcel of land

MONDAY, FEBRUARY 12, 1962

1669

herein described; proceeding from said most westerly point as so determined north sixty-nine degrees and nineteen minutes east (N 69 E 19') to a point on the low water line of the wsst bank of the Savannah River, a distance of fifteen thousand six hundred ninetyone and 6/100ths feet (15,691.06') thence in a direction generally southwardly along the said low water line of the west bank of the Savannah River to the point which marks the intersection of the northerly edge of the right-of-way of Coastal Highway Seventeen (17) with the westerly edge of the low water line of the Savannah River, which is the point of beginning.

Parcel No. 4

"ALL that certain tract or parcel of land commencing at the intersection of the south line of Whatley Avenue and the north line of the Atlantic Coast Line Railroad right-of-way; thence in a southwesterly direction along the north line of the Atlantic Coast Line Railroad right-of-way to the point of intersection of the north line of the Atlantic Coast Line Railroad right-of-way and the east line of Ogeechee Avenue; thence in a northwesterly direction along the east line of Ogeechee Avenue to a point on the west line of the Atlantic Coast Line Railroad right-of-way; thence in a northerly direction along the west line of the Atlantic Coast Line Railroad right-of-way to a point on the north line of 52nd Street Extended; thence in a westerly direction along the north line of 52 Street Extended to the east line of Tremont Subdivision (which line is also the west line of the Atlantic Coast Line Railroad Industrial Sites) ; thence in a northerly direction along the east line of Tremont Sub division to a point on the south line of the Ogeechee Road; thence in an easterly direction along the south line of the Ogeechee Road to a point on the east line of the Atlantic Coast Line Railroad rightof-way; thence in a southeasterly direction along the east line of the Atlantic Coast Line Railroad right-of-way to a point, which point is the east line of Ogeechee Heights Subdivision; thence in a northerly direction along the east line of Ogeechee Heights Subdi vision to a point on the south line of the Ogeechee Road; thence in an easterly direction along the south line of the Ogeechee Road to a point, which point is the intersection of the south line of the Ogeechee Road and the south line of Victory Drive; thence in a southeasterly direction along the south line of Victory Drive to the east line of the Savannah Industrial Park; thence in a southerly direction along the east line of the Savannah Industrial Park (which line is also the west line of the Board of Education property and the west line of Edwin Avenue) and the east line of the Derst Baking Company (which line is also the west line of the Board of Education property) to a point on the north line of the Atlantic Coast Line Railroad right-of-way to a point on the south line of Clinch Street; thence in a northeasterly direction along the south line of Clinch Street to a point, which point is the intersection of the south line of Clinch Street and the south line of Whatley Ave nue; thence in a northeasterly direction along the south line of Whatley Avenue to a point on the north line of the Atlantic Coast Line Railroad right-of-way, which is the point of beginning.

"The industrial areas as above described shall not hereafter be

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included within the limits of any municipal corporation, hereafter incorporated or now existing, except by process of constitutional amendment, and said areas shall not be subject to taxation by any municipal corporation now existing or hereafter incorporated except in the manner herein provided. The duly constituted authorities of any municipal corporation hereafter incorporated nor now existing, shall be authorized and empowered to levy taxes on the land and improvements in said industrial areas when such municipal corpo ration shall be able to furnish needed municipal services to said areas or parts thereof, and the levy of taxes on said industrial areas, or parts thereof, shall be limited to five (5) mills on the dol lar and the assessment of said property shall be the same assess ment as is made by the County of Chatham on the tax returns of the property and improvements located within said industrial areas. The duly constituted authorities of any such municipal corporation when empowered to levy taxes on the land and improvements within said industrial areas are hereby expressly prohibited from exercis ing regulatory licensing or any other municipal or governmental function over said area.

"Should any part or parts of said Parcel 1 or of said Parcel 2, as hereinabove bounded and described, be or become used for a purpose not primarily industrial in nature, then and in that event, the municipal corporation furnishing municipal services to the part or parts so used for a non-industrial purpose shall be relieved of the restrictions herein imposed upon the right of such municipal corporation to include the part or parts so used within the limits of such municipality and, as to such part or parts, of the tax and assessment limitations herein imposed, and of the prohibition herein contained against the exercise by such municipal corporation of regulatory licensing or other municipal or governmental function thereof.

"On or after January 1, 1966, any municipal corporation here after incorporated or now existing furnishing or able to furnish municipal services to said Parcel 1 and Parcel 2 may, upon publish ing notice of its intention to do so once a week for three (3) succes sive weeks in one or more newspapers of general circulation in Chatham County, Georgia, show to the Superior Sourt of Chatham County that no industry is or has located in the area comprising said Parcels 1 and 2 taken as a whole and, unless such showing shall be countered by a showing to said Court that notwithstanding the truth thereof improvements having a valuation of not less than two hundred thousand ($200,000.00) dollars have been made in said area by or on behalf of persons or corporations other than the petitioning municipal corporation and that said improvements are of a nature to establish said areas as an industrial park area espe cially designed for industrial uses said Court shall render a find ing that anything hereinabove expressed to the contrary notwith standing it shall be lawful for the petitioning municipality to pro ceed to include said parcels or either of them within the limits of
said municipality and that the restrictions hereinabove imposed on
such municipality with regard to the levying of taxes and assess
ments of property within said parcels are removed and that the pro-

MONDAY, FEBRUARY 12, 1962

1671

hibition hereinabove expressed against the exercise by such munici pality of regulatory licensing or other municipal functions over said area is without force and effect."

SECTION 2
The provisions hereof shall not apply to any residential property in any of said areas described herein.

SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create additional industrial areas in the County of Chatham.
"Against ratification of amendment to the Constitution so as to create additional industrial areas in the County of Chatham."

All persons desiring to vote for the adoption of the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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JOURNAL OP THE HOUSE,

Thoss voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee

Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelhani

Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

MONDAY, FEBRUARY 12, 1962

1673

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killings-worth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 592-1147. By Mr. Brantley of Candler:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Candler County Industrial Authority; to provide for powers, authority, funds, purposes and procedure connected 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 GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Candler County, Georgia to be known as the Candler County Indus trial Authority, which shall be an instrumentality of Candler County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five (5) members to be as

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follows: The President of the Metter Chamber of Commerce, the Chairman of the Candler County Commissioners, the Mayor of the City of Metter and two members to be appointed by the Mayor of the City of Metter for terms of five years, who shall be eligible for reappointment and in case of a vacancy for an unexpired term the Mayor shall appoint a person to fill such vacancy.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Candler County.

"D. The powers of the Authority shall include, but not be lim ited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Candler County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Candler County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acqui sition of an existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessse or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose,

MONDAY, FEBRUARY 12, 1962

1675

to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Candler County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein,
and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of the Candler County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Candler County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

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"The undertaking for which the bonds are to be issued will increase employment in Candler County.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said 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 Candler County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Candler County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. 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 retrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Candler County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

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

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

"For ratification of amendment to the Constitution so as to create the Candler County Industrial Authority.

MONDAY, FEBRUARY 12, 1962

1677

"Against ratification of amendment to the Constitution so as to create the Candler County Industrial Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum

Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd

Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee

1678

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Matthews of Clarke Matthews of Cloquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia

Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson
Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley
Steis Stevens Story Strickland Stuckey Tabb

Tamplin Taylor of Dawson Taylor of Bibb league Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs. :

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Plexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

MONDAY, FEBRUARY 12, 1962

1679

HR 607-1151. By Messrs. Story and Morgan of Gwinnett:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Gwinnett Industrial Building Authority; to provide for powers, au thority, funds, purposes and procedure connected 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

"A. There is hereby created a body corporate and politic in Gwinnett County to be known as the Gwinnett Industrial Building Authority, which shall be an instrumentality of Gwinnett County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of five members to be ap pointed by the governing authority of the county for terms of one
(1), two (2), three (3), four (4) and five (5) years, and each year thereafter one member shall be appointed for a period of five (5) years. In addition thereto the President of the Gwinnett County Chamber of Commerce, a member of the County State Legislative body to be appointed by the governing authority of the county and the Chairman of the Board of County Commissioners shall serve as ex-officio members. The members shall be eligible for re-appoint ment. Vacancies shall be filled for any unexpired term by the Board of County Commissioners. In the event of a tie vote the President of the Gwinnett County Chamber of Commerce, ex-officio member,
shall cast his vote to break such tie. The ex-officio members are not to be clothed with the power to vote except as provided herein. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Gwinnett County.

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1.) To receive and administer gifts, grants and donations and to administer trusts.

1680

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"(2.) To borrow money, to issue notes, and revenue bonds, to execute trust agreements or indentures, and to sell, convey, mort gage, pledge and assign any and all of its funds, property and income as security therefor.
"(3.) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name.
"(4.) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may not be members of tlv; Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority.
"(5.) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Gwinnett County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Gwinnett County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including demolition of existing structures, or through the acquisi tion of an existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building.
"(6.) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
"(7.) To accumulate its funds from year to year and to invest accumulated funds in any manner the public funds of the State of Georgia or any of its political subdivisions may be invested.
"(8.) To designate officers to sign and act for the Authority generally or in any specific manner.
"(9.) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Gwinnett County. No public funds shall ever be expended for or on behalf of said Authority.

MONDAY, FEBRUARY 12, 1962

1681

"F. The members of the Authority shall receive no compen sation for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, 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, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Gwinnett County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Gwinnett County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorized proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: The under taking for which the bonds are to be issued will increase employment in Gwinnett County.

"J. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 vest title in Gwinnett County. Provided, all bonded indebtedness, liens, mort gages or encumbrances are satisfied subject to leases in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade

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within Gwinnett County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accom plishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Gwinnett County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Gwinnett Industrial Building Authority.
"Against ratification of amendment to the Constitution so as to create the Gwinnett Industrial Building Authority."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Gwinnett County shall vote for ratification thereof, this amendment shall become a part of the Constitu tion of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

MONDAY, FEBRUARY 12, 1962

1683

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald

Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Cloquitt McClelland McCracken McCutchen McDonald McGarity

Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simp son Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey

1684

JOURNAL OF THE HOUSE,

Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thomton Todd Tucker Twitty

Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee

Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin CaldweU Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Plexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton
Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 610-1158. By Mr. Undercofler of Sumter:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Americus-Sumter Payroll Development Authority; to provide powers, authority, funds, purposes and procedure connected therewith; 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 V. Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

MONDAY, FEBRUARY 12, 1962

1685

"A. There is hereby created a body corporate and politic in the County of Sumter and the City of Americus, to be known as the Americus-Sumter Payroll Development Authority and to be here after in this amendment referred to as the 'Authority', for the pur pose of expanding and developing industry and agriculture in the City of Americus and the County of Sumter and for improving the general welfare of the people of said county. The Authority herein created shall be a public corporation and an instrumentality of the County of Sumter and the City of Americus.

"B. The Authority shall consist of five members as follows: Two members shall be appointed by the Mayor and Council of the City of Americus; two members shall be appointed by the Com missioners of Roads and Revenues of Sumter County, and a fifth member shall be appointed by the joint and concurrent action of the Mayor and Council of the City of Americus and the Commissioners of Roads and Revenues of Sumter County, and the respective terms of the members shall begin as follows:
"(1.) The first member appointed by the City of Americus shall be appointed for a term of one (1) year;
"(2.) The first member appointed by the Sumter County Com missioners shall be appointed for a term of two (2) years;
"(3.) The member appointed by the joint action of the City of Americus and the Sumter County Commissioners shall be appointed for a term of three (3) years;
"(4.) The second member appointed by the Sumter County Commissioners shall be appointed for a term of four (4) years;
"(5.) The second member appointed by the City of Americus shall be appointed for a term of five (5) years; and thereafter upon the expiration of such terms; successors shall be appointed for a term of five years by the political body who appointed the member whose term is expiring. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said political subdivisions. Should any member resign, or be unable to serve, or move beyond the boundary of Sumter County, his successor shall be appointed to serve his re maining term by the political subdivision who originally appointed the member being removed."

SECTION 2

The powers of the Authority herein created shall include, but shall not be limited to, the power:

"A. To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Americus, other munici palities and other political subdivisions and with private persons and corporations.

"B. To buy, acquire, develop, improve, own, operate, maintain,

1686

JOURNAL OF THE HOUSE,

sell, lease, as Lessor and Lessee, and mortgage land, buildings and property of all kinds within the County of Sumter.

"C. To grant, loan and lease without adequate consideration or
without any consideration and with and without security, any of its funds and property to private persons and corporations operating
or proposing to operate any industrial planter establishment within the County of Sumter or at any place within Sumter County. The provisions of this clause shall not be construed to limit any other power of the Authority.

"D. To borrow money and to issue Revenue anticipation bonds, and notes therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, income and/or anticipated tax revenue as security therefor.

"E. To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all exist ing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make con tracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Au thority being under no obligation to accept and pay for any property condemned under the Authority of this Act except from funds pro vided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned.
"P. To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Americus, County of Sumter, and to make long range plans therefor.
"G. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
"H. To elect its own officers from the membership of said Authority and to authorize and empower such officers to act for the Authority generally or any specific matter.

"I. To appoint and select officers, agents, and employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys and fix their compensation, and to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority.

"J. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the Authority, the cost of such project to be

MONDAY, FEBRUARY 12, 1962

1687

paid in whole or in part from the proceeds of the revenue bonds or certificates of the Authority, or, in whole or in part, from tax revenue.

"K. To exercise all of the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Bond Law (Ga. Laws 1937, p. 761; 1957, p. 36), as now amended or as may hereafter be amended, with reference to the issuance of revenue anticipation bonds insofar as such pertain to the corporate purposes of the Authority.

"L. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds, antici pated tax or other revenue, or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.

"M. To use the rents, profits and proceeds from the projects erected, leased or sold, or any other funds or revenue to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the Authority.

"N. To do all things within its power to encourage the indus trial and agricultural development of Sumter County, and to encour age the location of new industries to said county.

"O. To exercise any power usually possessed by private cor porations performing similar functions, which is not inconflict with the Constitution and laws of this State.

"P. To do all things necessary and convenient to carry out the powers expressly given in this Act.

"Q. To receive and administer gifts, grants and donations and to administer trusts."

SECTION 3

The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Americus, the State of Georgia, now Sumter County.

SECTION 4
The property, obligations and the interest or 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 Americus and Sumter County.
The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of six years

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JOURNAL OP THE HOUSE,

or longer under any lease or other agreement, for the purposes of tax ation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law.

SECTION 5

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Constitution so as to create the Americus-Sumter Payroll De velopment Authority and to provide for powers, authority, funds, pur poses and procedures connected therewith". "Against ratification of amendment to Constitution so as to create the Americus-Sumter Payroll Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins

Andrews of Stephens Andrews of Hall Arnsdorff

Ballard Barber Barnett of Wilkes

MONDAY, FEBRUARY 12, 1962

1689

Barnett of Baker Barrett Baughman
Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton
Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull

Joiner Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb

Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor
Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

1690

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Pulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 613-1158. By Mr. Simmons of Banks:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Banks County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected 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 V, Section IX of the Constitution is hereby amended by add ing at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Banks County to be known as the Banks County Industrial Building Authority, which shall be an instrumentality of Banks County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five members. The Mayor of

MONDAY, FEBRUARY 12, 1962

1691

the City of Homer and the Chaiman of the Banks County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenues of Banks County shall appoint three members and shall be eligible for a term of five years and shall be eligible for re-appointment. Vacan cies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Banks County.

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1.) To receive and administer gifts, grants, and donations and to administer trusts;
"(2.) To borrow money, to issue notes, bonds and revenue certi ficates, to execute trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(3.) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4.) To have and exercise usual powers of private corpora tion except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and managsment of the Authority;
"(5.) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Banks County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Banks County, suitable for and intended for use as a factory, mill, shop, processing plant, including all necessary and appurtenant land and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construc tion thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;
"(6.) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms of corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchas;r

1692

JOURNAL OF THE HOUSE,

shall be required to pay all costs of operating and maintaining th? building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7.) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8.) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9.) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Banks County.

"F. The members of the Authority shall receive no compen sation for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at 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 amended, Ga. Code Ann. Supp. Chapter 37-8, 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 lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as pro vided herein, and such trust agreement or indenture may provide herein, and such trust agreement or indenture may provide for fore closure or forced sale of any property of the Authoity upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Banks County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Banks County.
"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

MONDAY, FEBRUARY 12, 1962

1693

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1.) The undertaking for which the bonds are to be issued will increase employment in Banks County;
"(2.) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other pro motional expenses.

"K. Should said 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 Banks County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Banks County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accom plishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may further regulate the management and conduct of the Authority. The Au thority shall be an instrumentality of Banks County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

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

1694

JOURNAL OF THE HOUSE,

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

"For ratification of amendment to the Constitution so as to create the Banks County Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Banks County Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for membsrs 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch

Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy

Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner

MONDAY, FEBRUARY 12, 1962

1695

Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore

Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer

Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Thos3 not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

1696

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 617-1165. By Mr. Harrell of Fayette:
A RESOLUTION
Proposing an Amendment to the Constitution so as to create the Fayette County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected 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 VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Fayette County, Georgia, to be known as the Fayette County In dustrial Building Authority, which shall be an instrumentality of Fayette County and a public corporation and which in this amend ment is hereby referred to as the 'Authority';
"B. The Authority shall consist of three members, one a resi dent of the City of Fayetteville, one a resisdent of Peachtree City and one a resident of Fayette County at large, all whom shall be appointed by the board of Commissioners of Roads and Revenues for Fayette County. The original members shall be appointed for two, four and six year terms, such terms to be determined by lot. Subsequent terms shall be for six years. Members shall be eligible for reappointment. Members shall serve until their successors are duly appointed and qualify and may be removed from office by the Board of Commissioners of Roads and Revenues only for mis conduct or moving their residence from the County. Vacancies shall be filled for an unexpired term by the Board of Commissioners of Roads and Revenues. No vacancy shall impair the power of the Authority to act. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter;
"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Fayette County;

MONDAY, FEBRUARY 12, 1962

1697

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1). To receive and administer gifts, grants and donations and to administer trusts;
"(2). To issue revenue anticipation certificates or bonds for the purpose of paying all or part of the cost of any project of the Authority. To exercise all the rights, powers and privileges and be subject to the same liabilities as a municipality under the pro visions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), and as subsequently amended, with reference to the is suance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;
"(3). To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(4). To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(5). To have and exercise unsual powers of private corpora tion except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(6). To encourage and promote the expansion and development of industrial and commercial facilities in Fayette County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Fayette County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabri cating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of building, in cluding the demolition of existing structures, or through the acquisi tion of an existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building;
"(7). No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, forms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possesion. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have in curred in connection with the undertaking;

1698

JOURNAL OF THE HOUSE,

"(8). To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9). To designate officers to sign and act for the Authority generally or in any specific matter; and
"(10). To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Fayette County and nothing herein contained shall be con strued to create a right to compel any exercise of taxing power of Fayette County to pay any indebtedness or the interest thereon of the Authority nor enforce payment thereof against any property of Fayette County;

"P. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. The Authority may authorize additional revenue anticipa tion certificates or bonds, for extensions and permanent improve ments to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Certificates or bonds so placed
in escrow shall, when sold and delivered, have such standing with the certificates or bonds of the same issue os may be provided in the authorizing proceedings;

"H. No obligations except refunding obligations shall be issued hereunder unless the Authority shall have found and declared that:
"(1.) The undertaking for which the obligations are to be issued will increass employment in Fayette County;
"(2.) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"I. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment or other pro motional expenses.

"J. Should said 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 Fayette County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"K. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade

MONDAY, FEBRUARY 12, 1962

1699

within Fayette County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accom plishment of these purposes.

"L. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"M. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Fayette County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (%) of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment 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:

"For ratification of amendment to the Constitution so as to create the Fayette County Industrial Building Authority",

"Against ratification of amendment to the Constitution so as to create the Fayette County Industrial Building Authority".
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Fayette County shall vote for ratification thereof, this amendment shall become a part of the Con stitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

1700

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald

Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk
Fuqua Greene Hale Hail of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Logging Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity

Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey

MONDAY, FEBRUARY 12, 1962

1701

Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty

Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee

Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Thoss not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols P lexer Ployd Plynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 618-1165. By Mr. Miller of Elbert:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Elbert County shall elect a County School Superintendent for Elbert 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:

1702

JOURNAL OF THE HOUSE,

SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution is hereby ameded by adding at the end thereof the following:
"The Board of Education of Elbert County shall elect a County School Superintendent of Elbert County. The Superintendent shall serve at the pleasure of the Board and the County School Superin tendent of Elbert County shall no longer be elected by the voters of Elbert County. However, this amendment shall not affect the term of any County School Superintendent elected by the people and serving at the time of the ratification of this amendment. He shall serve the remainder of his term and until his successor is elected by the Board of Education of Elbert County. In case of a vacancy in the office of the Superintendent of Schools of Elbert County by death, resignation, or any other cause, the Board of Education shall elect another person to complete the vacated term. The Board of Education of Elbert County shall fix the compensation of the Superintendent;
"The County School Superintendent of Elbert County as pro vided for herein shall be subject to all other constitutional provisions and all general statutory provisions relative to county school super intendents unless such provisions are in conflict with the provisions of this amendment."

SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members to each of the two branches of the General Assembly, and the same has been entered on their jour nals with the "Ayes" and "Nays" taken thereon, such proposed amend ment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution to provide that the Board of Education of Elbert County shall elect a County School Superintendent;
"Against ratification of amendment to the Constitution to provide that the Board of Education of Elbert County shall elect a County School Superintendent."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph

MONDAY, FEBRUARY 12, 1962

1703

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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen

Dickey Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Punk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch

Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole

1704

JOURNAL OF THE HOUSE,

Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley

Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor

Waldrop
Walker of Lowndes Walker of Telfair Ware
Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Ployd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority was adopted.

HR 619-1165. By Mr. Miller of Elbert:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by the people; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1705

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended, particularly by an amend ment applying to Elbert County, which was ratified at the general elec tion in 1958, and which may be found in Georgia Laws 1958, p. 717, is hereby amended by adding at the end thereof the following:

"The amendment to this Paragraph applying to Elbert County, ratified at the general election in 1958 and found in Georgia Laws 1958, p. 717, is hereby amended;

"The Board of Education of Elbert County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Elbert County is hereby divided into five Education Districts. (All directions are general directions from the City of Elberton). Education District No. 1 shall be composed of that area outside the corporate limits of the City of of Elberton between State Highway 72 (southwest) and State Highway 17 (southeast). Education District No. 2 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (southeast) and State Highway 72 (east). Education District No. 3 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (east) and State Highway 17 (north). Education District No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (north) and State Highway 72 (southeast). Education District No. 5 shall be com posed of the area within the corporate limits of the City of Elberton;

"One member from each of the five Education Districts shall be elected, and in order to be eligible to represent a District on the Board, a person must be a resident of said District. All members of the Board shall be elected by the voters of the entire County of Elbert. If a member removes his residence from the District which he represents, the remaining members of the Board shall immedi ately declare that a vacancy exists and shall fill such vacancy as provided for hereinafter;

"The persons who were elected as members of the Board at the election in 1958, as provided for in the aforesaid amendment relating to the Elbert County Board of Education, ratified at the general election in 1958, shall hold office until January 1, 1965. The successors to such persons shall be elected at the general elec tion to be held in 1964 for initial staggered terms as follows: The members from Education Districts Nos. 1, 2 and 3 shall take office for a term of two years and until their successors are elected and qualified. The persons who are elected from Education Districts Nos. 4 and 5 shall take office for a term of four years and until their successors are elected and qualified. Successors to these mem bers shall be elected at the same time as members of the General

1706

JOURNAL OP THE HOUSE,

Assembly from Elbert County are elected and shall take office on the first day of January immediately following their election for a term of four years and until their successors are elected and quali fied. All future successors shall likewise be elected at the same time as members of the General Assembly are elected from Elbert County and shall likewise take office on the first day of January immedi ately following their election for a term of four years and until
their successors are elected and qualified;

"In the event a vacancy occurs on the Board for any reason other than expiration of a term of office, the remaining members of the Board shall appoint a successor to fill the vacancy for the unexpired term. The person appointed to fill the vacancy shall be a resident of the District in which the vacancy occurs. The Board, at its first meeting in January following the election of new mem bers, shall elect a chairman, who shall serve for two years and until the next chairman is elected. Any person may succeed himself as chairman. The terms of the members of the Board of Education existing at the time of the ratification of this amendment shall ex pire at the end of the year 1964, and such Board shall stand abol ished at that time. The removal of any member from the District that he represents shall disqualify the member and vacate his office and a successor shall be appointed as herein provided;

"The Board of Education of Elbert County, as provided for herein shall be subject to all other constitutional provisions and all general statutory provisions relative to county boards of edu cation unless such provisions are in conflict with the provisions of this amendment."

SECTION 2

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County and to provide staggered terms therefor."
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County and to provide staggered terms therefor."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

MONDAY, FEBRUARY 12, 1962

1707

If 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams
Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard
Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs
Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton
Brown Budd
Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Been
Dickey

Dollar Dorminy
Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming
Fordham Fowler of Douglas Fowler of Treutlen Funk
Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan
Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson

Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken
McCutchen McDonald
McGarity Milhollin Miller
Mixon Moate Moore Moorman
Morgan Mullis
Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb
Pickard Poole Potts Purcell Rainey

1708

JOURNAL OF THE HOUSE,

Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens

Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop

Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Plexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158 nays 0.

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

HR 620-1165. By Mr. Fowler of Douglas:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses, to adopt and enact ordinances, rules and regulations for the policing and governing of said County and to provide penalties, to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1709

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Douglas County by whatever name designated, created or called is hereby empowered and authorized for regulatory and revenue purposes, to levy, assess, and collect license fees and occupational taxes from and against any persons, firms or corporations, except those subject to regulation by the State Public Service Commission, who may maintain or engage in any business or businesses in any area of Douglas County outside of the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes the governing authority shall have the power and authority to classify businesses and to asses, levy and collect different license fees and occupational taxes from and against different classes of businesses, to enforce payment of license fees and occupational taxes by the issuance and levy of executions; to provide for public welfare, health and security of the people of Douglas County said governing authority shall have the power and authority to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission; for the purpose of protecting and preserving the health, safety, and public welfare of the citizens thereof, to adopt and enact ordinances or regulations for the governing and policing of said county, to regulate by ordinance the traffic on the streets, roads and highways thereof as it may deem advisable, not in conflict with the general laws of the State and of the United States, to adopt rules and regulations to effectuate the powers herein granted, to enforce the payment of the license fees and oc cupational taxes, to adopt and enact ordinances for the policing and governing of all the duties and powers now or hereafter vested in the governing authority of Douglas County. The governing author ity of Douglas County shall be further empowered and authorized to provide that a violation of any rule, regulation or ordinance made pursuant to the powers and authority herein authorized or the failure to pay any license fees or occupational taxes herein author ized shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. No further enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but the General Assembly hereafter may at any time by law modify, alter, restrict and limit the powers herein granted, and hereafter may at any time prescribe the manner and means by which the powers may be exercised by said governing authority."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed

1710

JOURNAL OF THE HOUSE,

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

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

"For ratification of amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses, to adopt and enact ordinances, rules and regulations for the policing and governing of said County and to provide penalties;

"Against ratification of amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses, to adopt and enact ordinances, rules and regulations for the policing and governing of said County and to provide penalties."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett

Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe

Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins

MONDAY, FEBRUARY 12, 1962

1711

Cox Crowe Davis Been
Dickey Dollar Dorminy Duncan of Pannin Duncan of Carroll
Dunn Fitzgerald Fleming
Fordham Fowler of Douglas Fowler of Treutlen
Funk
Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill
Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton

Lewis of Wilkinson
Loggins Lokey
Lowrey Mackay Massee
Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald
McGarity Milhollin Miller
Mixon Moate Moore Moorman
Morgan Mullis
Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling
Farmer Payton Pelham Phillips of Columbia Phillips of Walton
Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts
Ross

Rowland Rutland
Scarborough Scoggin Shuman Simmons
Simpson Sinclair Singer Smith of Brantley Steis
Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson
Taylor of Bibb Teague Thornton Todd
Tucker Twitty Undercofler Underwood of Taylor Waldrop
Walker of Lowndes Walker of Telfair Ware
Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall
Wilson Woodward Young

Those not voting were Messrs. :

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus

Doster Echols Flexer Floyd Flynt Harrell
Hodges Hurst Johnson Keyton

Killian
Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris
Moss NeSmith

1712

JOURNAL OF THE HOUSE,

Pannell Parker of Screven Eodgers of Charlton Rogers of Paulding Roper Sangster

Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur

Underwood of Montgomery
Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 622-1176. By Messrs. Teague, Willingham and Wilson of Cobb:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an Amend ment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945, to provide that the General Assembly of Georgia may exempt from taxation in the City of Smyrna the homestead of each resi dent of the City of Smyrna actually occupied by the owner as a residence and homestead, not to exceed $2,000.00, provided said owner is at least sixty-five (65) years of age and has been a resident of City of Smyrna for a period of not less than ten (10) years; to provide for the submis sion of this Amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same as follows:
SECTION 1
That the Constitution of Georgia of 1945 be amended by adding to Article VII, Section I, Paragraph IV of the following words:
"Provided however that the General Assembly of Georgia may by law exempt from taxation by the City of Smyrna, except for school purposes and to pay interest on and retire bonded indebted ness, the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, provided said owner is at least sixtyfive (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of applica tion by said owner for such exemption."
SECTION 2
Be it further enacted by the authority aforesaid that when this Amendment shall have been agreed to by the requisite two-thirds of

MONDAY, FEBRUARY 12, 1962

1713

the members of each House, with the "Ayes" and "Nays" entered thereon it shall be published as required by law and submitted to the qualified voters of the State of Georgia and the City of Smyrna for ratification or rejection at the next general election at which Constitutional Amend ments may be voted on. All persons voting at said election shall have written or printed on their ballots the following words:

"For ratification of the Amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 to provide that the General Assembly may exempt from taxation in the City of Smyrna, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00, of each owner actually occupying said property as a residence and homestead provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for exemption'" and the words "Against ratification of the Amend ment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 to provide that the General Assembly may ex empt from taxation in the City of Smyrna, except for school pur poses and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00, of each owner actually occupying said property as a residence and homestead provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for such exemption". Returns shall be made and results declared as required by law. If the said Amendment be adopted as required by law by the quali fied voters to whom said Amendment is submitted as required by law, said Amendment shall become part of Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 and the Gover nor shall issue his proclamation thereof.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Black Blalock Boggs Bolton
Bowen of Toombs Boyett Bozeman Branch

Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee
Bynum Chance Chandler Clark of Catoosa

1714

JOURNAL OF THE HOUSE,

Clarke of Monroe
Cocke Colling Cox
Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn
Fitzgerald Fleming Fordham
Fowler of Douglas Fowler of Treutlen Funk
Fuqua Greene Hale Hall of Lee
Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien

Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins
Lokey Lowrey Mackay Massee Matthews of Clarke
Matthews of Colquitt McClelland
McCracken McCutchen McDonald McGarity Milhollin
Miller Mixon Moate Moore Moorman
Morgan Mullis Murphy
Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer
Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard
Poole Potts Purcell Rainey Raulerson Roberts

Ross Rowland Rutland Scarborough Scoggin Shuman Simmons
Simpson Sinclair
Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb
Tamplin Taylor of Dawson
Taylor of Bibb Teague Thornton Todd Tucker Twitty
Undercofler Underwood of Taylor Waldrop
Walker of Lowndes Walker of Telfair Ware
Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall
Wilson Woodward Young

Those not voting were Messrs. :

Birdsong Bowen of Randolph Brackin Caldwell Cloer
Coker Conner
Crawford Culpepper

Dicus Doster Echols Flexer Floyd Flynt Harrell
Hodges Hurst

Johnson
Keyton Killian Killingsworth Lane Langford
Lewis of Burke Lovett Melton

MONDAY, FEBRUARY 12, 1962

1715

Morris Moss NeSmith Pannell Parker of Screven Rodgers of Charlton Rogers of Paulding

Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield

Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158 nays 0.

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

HR 629-1184. By Mr. Bowen of Toombs:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority; to provide for the submission of this amendment for ratification or rejec tion ; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, as amended by an amendment creating the Vidalia Development Authority found in Georgia Laws 1956, p. 426, and ratified at the General Election of 1956, is hereby amended by striking from Section H. of the aforesaid 1956 amendment the v/ord "one" and inserting in lieu thereof the word 'two" so that when so amended said Section H. shall read as follows:
"H. The City of Vidalia is authorized to levy an annual tax, not to exceed two mills, on all taxable property within the city for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of Vidalia to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;"
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed

1716

JOURNAL OF THE HOUSE,

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

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

"For ratification of amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority.

"Against ratification of amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs

Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa

Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming

MONDAY, FEBRUARY 12, 1962

1717

Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Logging Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt

McClelland McCracken McCutchen McDonald
McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin

Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs. :

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer

Floyd Flynt Harrell Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett

Melton Morris Moss NeSmith Pannell Parker of Screven Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton

1718

JOURNAL OF THE HOUSE,

Smith of Habersham Smith of Whitfield Taylor of Decatur

Underwood of Montgomery
Vaughn

Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 638-1196. By Messrs. Williams and Andrews of Hall:
A RESOLUTION
Proposing to the qualified voters of Hall County an amendment to the Constitution so as to authorize the governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 is amended by adding thereto the following:
"The General Assembly may grant to the governing authority of Hall County, Georgia, in addition to powers already granted, the power to construct, grade, pave, repave and repair roads and streets, curbs, gutters, and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court of said county, where the owners of such property; having at least 51% of the frontage abutting such proposed improvements, shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners; and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property; to issue revenue bonds for the purpose of paying the costs of the above, said bonds being repaid by the special assessments against abutting property owners."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals and the "Ayes" and "Nays" taken thereon, such proposed

MONDAY, FEBRUARY 12, 1962

1719

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

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

"For ratification of amendment to the Constitution authorizing the Governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court.

"Against ratification of amendment to the Constitution author izing the governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for election 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes
Barnett of Baker Barrett

Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch
Brantley Brooks of Oglethorpe

Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe
Cocke Collins

1720

JOURNAL OF THE HOUSE,

Cox Crowe Da vis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill H orton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton

Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClellnad McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross

Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley
Steis Stevens Story Strickland Stuckey
Tabb Tamplin Taylor of Dawson Taylor of Bibb
Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs. :

Birdsong Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper

Dicus Doster Echols Flexer Floyd Flynt Harrell Hodges Hurst

Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton

MONDAY, FEBRUARY 12, 1962

1721

Morris Moss NeSmith Pannell Parker of Screven Rodgers of Charlton Rogers of Paulding

Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield

Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

SR 131. By Senator Dykes of the 14th:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the Cochran Independent School System and the Bleckley County School System into one consolidated school system; to create a board of education having authority to operate said school system; to provide for the members of said board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I, of the Constitution of Georgia, is hereby amended by adding at the end thereof the follow ing:
"That the existing independent school system of the City of Cochran and the existing school system in the County of Bleckley outside the corporate limits of said city, are hereby merged into one school system, co-extensive with the limits of Bleckley County, and the said existing independent school system of the City of Cochran and the school system of Bleckley County outside the corporate limits of said City of Cochran are hereby abolished. Said merged school districts shall constitute a new school system and districts, and shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Cochran and the County of Bleckley, and shall be known as the Bleckley County School System.
"The school system so created is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor.

1722

JOURNAL OF THE HOUSE,

"The said Bleckley County School System is hereby vested with the power to conduct a system of public education throughout the limits of Bleckley County and with all powers and authorities grant ed to public school systems and districts by the Constitution and laws of the State of Georgia.

"The administration of said Bleckley County School System
shall be vested in a board, to be known as the Bleckley County Board of Education, hereinafter referred to as the board. Said board shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the purposes of this amendment. Said board shall consist of five members, two of whom shall reside within the corporate limits of the City of Cochran
Militia District, one of whom shall reside in the area included within the Walker and Carey Militia Districts, one of whom shall reside in the area included within the Manning and Salem Militia Districts, and one of whom shall reside within the area included within the Davison, Trippeville and Prazier Militia Districts.

"For the purposes of electing the members of the board, Bleck ley County is hereby divided into four (4) districts, as follows:

"(1) The Cochran District, comprising the Cochran Militia District;

"(2) The Walker-Carey District, comprising the Walker and Carey Militia Districts;

"(3) The Manning-Salem District comprising the Manning and Salem Militia Districts;

"(4) The Davison-Trippeville-Frazier District comprising the Davison, Trippeville, and Frazier Militia Districts.

"Thereafter, the boundaries of each district shall be changed by the General Assembly of Georgia. No person shall be elected to said board who does not reside within the district which such person is to represent.

"Each member of the board shall be elected by the qualified voters of his school district. Each member shall be elected for a term of five (5) years, except that the first elected board members under this provision shall be for such terms as will provide for the expiration of the term of one member of the Bleckley County Board of Education each year.
"Within fifteen days after the ratification of this amendment, it shall be the duty of the Ordinary of Bleckley County to issue the call for an election to be held within the school districts, as herein provided, to elect members of the board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a suc cessor to the member whose term expires that year shall be held

MONDAY, FEBRUARY 12, 1962

1723

on the Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assembly is hereby authorized to change the election day herein provided.

"At the election called upon ratification of this amendment, the candidate from the Cochran school district receiving the largest number of votes in the Cochran District shall serve for a term of five (5) years. The candidate from the Cochran school district re ceiving the second largest number of votes in the Cochran District shall serve for a term of one (1) year. The candidate from the Walker-Carey school district receiving the largest number of votes in the Walker-Carey District shall serve for a term of two (2) years. The candidate from the Manning-Salem school district re ceiving the largest number of votes in the Manning-Salem District shall serve for a term of three (3) years. The candidates from the Davison-Trippeville-Frazier school district receiving the largest number of votes in the Davison-Trippeville-Frazier District shall serve for a term of 4 years.

"Vacancies on said board shall be filled by the remaining mem bers of the board, except that the grand jury shall appoint the member for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents.

"With respect to the initial operations of the school system herein created, the Board of Education of Bleckley County, as pro vided for before this amendment becomes a part of this Consti tution, shall exercise all powers necessary in order to effectuate the purposes of this amendment until the election provided herein is held and the members of the board are elected and qualified.

"The General Laws of Georgia shall govern the financial oper ations of said Bleckley County School System. However, the General Assembly is authorized to pass such laws and legislation as may be necessary to the operation, conduct and control of said Bleckley County School System and its fiscal affairs, including the right and authority to create indebtedness not in conflict with the Con stitution of Georgia, and to enable said Bleckley County School System to contract, and be contracted with, and to do any and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Bleckley County, and to effectuate the purposes of this amendment.

"The incumbent Bleckley County School Superintendent shall serve as superintendent of the new Bleckley County School System until the end of the term for which he was elected. From and after the ratification of this amendment the voters of Bleckley County shall no longer elect the Bleckley County School Superintendent. The Bleckley County Board of Education herein provided shall elect or employ a superintendent and fix his salary and the term of his office. His employment shall be effective on January 1st immedi ately following the expiration of the term of office of the super intendent in office at the time of the ratification of this amendment.

1724

JOURNAL OF THE HOUSE,

"The General Assembly may authorize the City of Cochran and the County of Bleckley to appropriate money from the general funds to the board for educational purposes, and may grant unto said board all the powers of eminent domain, with all the remedies to execute such powers provided by any other laws of Georgia.

"The property of the Independent School System of the City of Cochran and the property of the existing school system in the County of Bleckley outside the corporate limits of said city shall become the property of the Bleckley County School system as of the effective date of this amendment.

"The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers granted herein are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Bleckley County.

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon,
the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para
graph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said paragraph of the Constitution.

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

"For ratification of amendment to Article VIII, Section V, Paragraph 1, of the Constitution of Georgia providing for the merger of the independent school system of Cochran and the exist ing school system of the County of Bleckley."

"Against ratficiation of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the merger of the independent school system of Cochran and the exist ing school system of the County of Bleckley."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment 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, if such amendment be ratified, make proclamation thereof.

MONDAY, FEBRUARY 12, 1962

1725

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming

Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Masses Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller

Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson

1726

JOURNAL OF THE HOUSE,

Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor

Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden

White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong
Bowen of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Pannell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

SR 136. By Senator Braley of the 38th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Paulding County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

MONDAY, FEBRUARY 12, 1962

1727

"A. There is hereby created a body corporate and politic in Paulding County to be known as the Paulding County Industrial Building Authority, which shall be an instrumentality of Paulding County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of six (6) members as follows: The Mayor of the City of Dallas, the Mayor of the City of Hiram, the President of the Paulding County Chamber of Commerce, the governing head of Paulding County, and two (2) members which shall be appointed by the governing head of Paulding County for a term of three (3) years, who shall be eligible for reappointment. In case of a vacancy for an unexpired term said governing Au thority of Paulding County shall appoint such person to fill said vacancy. A majority of members shall constitute a quorum and a majority may act for the authority in the matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Pauld ing County.
"D. The powers of the Authority shall include, but not be limited to, the power:
"(1.) To receive and administer gifts, grants and donations and to administer trusts;
"(2.) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(3.) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4.) To have and exercise usual powers of private corpora tion except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5.) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Paulding County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Paulding County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant

1728

JOURNAL OF THE HOUSE,

lands and appurtenances thereto, and all necessary or useful furnish ings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the ac quisition of existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building;

"(6.) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7.) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8.) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9.) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Paulding County.

"F. The members of the Authority shall receive no compen sation for their services to the Authority except for expenses actually incurred in carrying out the official business of said Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937,
p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, 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, hypo thecated or otherwise incumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or

MONDAY, FEBRUARY 12, 1962

1729

forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Paulding County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Paulding County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1.) The undertaking for which the bonds are to be issued will increase employment in Paulding County;
"(2.) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said 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 Pauld ing County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Paulding County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise

1730 '

JOURNAL OP THE HOUSE,
thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Paulding County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."
"Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Paulding County Industrial Building Authority.
"Against ratification of amendment to the Constitution so as to create the Paulding County Industrial Building Authority."
All persons desiring to vote for the adoption of the proposed amend ment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 results 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens

Andrews of Hall Arnsdorff Ballard Barber

Barnett of Wilkes Barnett of Baker Barrett Baughman

MONDAY, FEBRUARY 12, 1962

1731

Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty

Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch
Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard

Poole Potts Purcell Rainey Raulerson Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley
Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb
Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowen of Randolph Brackin

Caldwell Cloer Coker

Conner Crawford Culpepper

1732
Dicus Doster Echols Plexer Floyd Flynt Harrell Hodges Hurst Johnson Keyton Killian Killingsworth

JOURNAL OF THE HOUSE,

Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Panell Parker of Screven Rodgers of Charlton Rogers of Paulding Roper

Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

SR 140. By Senator Lambert of the 28th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Morgan County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Morgan County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the County of Morgan. The county may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"Morgan County is authorized to levy a tax on all taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed.
"The members of the Authority, their qualifications, terms and methods of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties,

MONDAY, FEBRUARY 12, 1962

1733

powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implemen tation of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the County of Morgan.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or Morgan County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.
"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the build ing or buildings and to pay rentals or installments sufficient, to gether with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in con nection with the undertaking."

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

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

"For ratification of amendment to the Constitution so as to create the Morgan County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Morgan County Development Authority."

1734

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment; and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bolton Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe

Cocke Collins Cox Crowe Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth

Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore

MONDAY, FEBRUARY 12, 1962

1735

Moorman Morgan Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson

Roberts Ross Rowland Rutland Scarborough Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Brantley Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague

Thorn ton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Bowan of Randolph Brackin Caldwell Cloer Coker Conner Crawford Culpepper Dicus Doster Echols Flexer Floyd Flynt Harrell

Hodges Hurst Johnson Keyton Killian Killingsworth Lane Langford Lewis of Burke Lovett Melton Morris Moss NeSmith Panell Parker of Screven

Rodgers of Charlton Rogers of Paulding Roper Sangster Sheffield Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Taylor of Decatur Underwood of
Montgomery Vaughn Wilkes Willingham Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite two-thirds constitxitional majority, was adopted.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

1736

JOURNAL OF THE HOUSE,

SR 142. By Senator Towson of the 16th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to abolish Justice Courts and the offices of Justices of the Peace and Notary Public ex-officio Justices of the Peace in Laurens County; and for other purposes.
Referred to the Committee on Judiciary.

SR 144. By Senators Ingram of the 42nd and Perry of the 49th:
A Resolution proposing an amendment to the Constitution of Georgia to authorize each county municipality, political subdivision or County Board of Education to make loans; and for other purposes.
Referred to the Committee on Education.

SB 249. By Senator Ingram of the 42nd: A Bill to be entitled an Act to amend an Act creating a Board of Educa tion of the State approved Feb. 10, 1937, so as to provide the Board with authority to create a driver education program; and for other purposes.
Referred to the Committee on Education.
SB 266. By Senator Sanders of the 18th: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be unlawful to enter, go upon or cross certain highways, except at certain designated points; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 268. By Senators Hart of the 53rd, Miller of the 40th and Raynor of the 4th: A Bill to be entitled an Act to amend the "Georgia Water Quality Con trol Act", approved March 13, 1957 (Ga. Laws 1957, p. 629), so as to give certain powers to the director of the State Game and Fish Com mission; and for other purposes.
Referred to the Committee on Industry.

SB 271. By Senators Hart of the 53rd and Perry of the 49th:
A Bill to be entitled an Act known as the "Georgia Agricultural Com modities Promotion Act", so as to change the provisions providing for the termination of marketing orders and marketing agreements and pro cedures connected therewith; and for other purposes.
Referred to the Committee on Agriculture.

MONDAY, FEBRUARY 12, 1962

1737

SB 139. By Senator Johnson of the 46th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish; and for other purposes.
Referred to the Committee on Natural Resources.

SR 150. By Senators Ayers of the 31st, Harrington of the 20th, Braly of the 38th and Waters of the 41st:
A Resolution creating a Committee to study the Health Code; and for other purposes.
Referred to the Committee on Rules.

SB 256. By Senator Braly of the 38th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to provide for a waiver of benefits relative to certain heart conditions; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 270. By Senator Mathews of the 38th:
A Bill to be entitled an Act providing fair trade practices for agents and agencies handling the sale and distribution of daily newspapers; repealing all laws in conflict herewith; and for other purposes.
Referred to the Committee on Industry.

SB 273. By Senator Brown of the 52nd:
A BilFto be entitled an Act to amend an Act approved September 16, 1891, entitled "An Act to incorporate the City of Hapeville, Georgia, and for other purposes," so as to extend the city limits of city; to give city jurisdiction beyond corporate limits for police, sanitary; and for other purposes.
Referred to the Committee on Local Affairs.

SB 274. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville, Georgia, and for other purposes," so as to extend the city limits, give city jurisdiction beyond corporate limits for police, sanitary; and for other purposes.
Referred to the Committee on Local Affairs.

1738

JOURNAL OF THE HOUSE,

SB 275. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act authorizing emeritus offices for department heads in counties having population of more than 500,000 or more than 500,000 persons; and for other purposes.
Referred to the Committee on Local Affairs.

SB 276. By Senator Gardner of the 47th:
A Bill to be entitled an Act creating a small claims court in certain counties in this State, so as to provide for one or more bailiffs of and for said small claims courts; and for other purposes.
Referred to the Committee on Local Affairs.

SB 277. By Senator Johnson of the 46th:
A Bill to be entitled an Act to amend an Act effecting a complete re vision of the Laws of this State relating to the qualification and regis tration of voters, so as to provide for a registration fee; and for other purposes.
Referred to the Committee on State of Republic.

SB 278. By Senator Johnson of the 46th:
A Bill to be entitled an Act to prohibit picketing, demonstrating, or other riotous conduct on, around, or adjacent to State property, to provide procedures connected with the same; and for other purposes.
Referred to the Committee on State of Republic.

SB 279. By Senator White of the 39th:
A Bill to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary basis in lieu of fees, so as to change the amount of the compensation; and for other purposes.
Referred to the Committee on Local Affairs.

SB 280. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to abolish the City Court of Lexington; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 12, 1962

1739

SR 132. By Senator Knox of the 54th:
A Resolution proposing an amendment to the Constitution so as to pro vide that no change shall be made in the term of office of county officials, nor the compensation system changed or compensation de creased during the term of office for which elected; and for other purposes.
Referred to the Committee on Local Affairs. SR 146. By Senator McWhorter of the 34th:
A Resolution proposing an amendment to the Constitution so as to create the Oglethorpe Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.

SR 148. By Senator Whisnant of the 25th:
A Resolution proposing an amendment to the Constitution so as to au thorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal; and for other purposes.
Referred to the Committee on Local Affairs.

SB 241. By Senator Ingram of the 42nd:
A Bill to be entitled an Act creating the Department of Public Safety, so as to provide that no operator's or chauffeur's license shall be issued to anyone under 18 years old unless they have completed the driver school course offered by the public school system or recognized agency of the State; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 261. By Senator Hart of the 53rd:
A Bill to be entitled an Act to provide that no Bill or Resolution chang ing the compensation of State Officials or employees shall be read the third time in either branch of the General Assembly until each member of such branch shall have been furnished certain information; and for other purposes.
Referred to the Committee on State of Republic.

SB 281. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

1740

JOURNAL OP THE HOUSE,

SB 282. By Senators Bell of the 10th, Dykes of the 14th and others:
A Bill to be entitled an Act to amend an Act revising laws relating to the State Board of Corrections, as amended; and for other purposes.
Referred to the Committee on State Institutions and Property.

Under the General order of Business by the Committee on Rules, the follow ing Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 741. By Messrs. Adams of Polk, Rogers of Paulding, and others:
A Bill to be entitled an Act to provide that all personnel of the Georgia State Highway maintenance crew shall be compensated not less than at a minimum rate of $1.00 per hour; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.

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

HB 741 was ordered immediately transmitted to the Senate.

HB 945. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of notice from a law enforcement officer that such facilities are used for illegal purposes; and for other purposes.

Mr. Busbee of Dougherty asked unanimous consent that HB 945 be post poned until Tuesday, February 13, 1962, and the consent was granted.

HB 945 was postponed until Tuesday, February 13, 1962.
HB 860. By Messrs. Taylor, Thornton of Bibb, and Knight of Berrien: A Bill to be entitled an Act to create the Georgia Board of Floral Designers; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1741

The following amendments were read and adopted:

Mr. Murphy of Haralson moves to amend HB 860 as follows:
'By striking from Section 9 the term "Superior Court of Pulton County" and inserting in lieu thereof the words "Superior Court of the residence of the applicant."'

Mr. Taylor of Bibb moves to amend HB 860 as follows:
By striking from the first sentence of Section 2 the word and figure "three (3)" and inserting in lieu thereof the word and figure "five (5)", and
By striking from sentence two of Section 2 the word "three" and inserting in lieu thereof the word "five", and
By striking the word "six" in the same sentence and inserting in lieu thereof the word "ten", and
By striking from the fifth sentence of Section 2 the word "one" from the first two places in the sentence where it is found and inserting in lieu thereof the word "two".
By striking from Section 4 the word and figure "two (2)" and inserting in lieu thereof the word and figure "three (3)".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Baughman Birdsong Bowen of Randolph Boyett Branch

Brooks of Fulton Brown Budd Busbee Caldwell Chance Chandler Clarke of Monroe Culpepper Duncan of Fannin Dunn Echols

Fitzgerald Flexer Floyd Hall of Floyd Hill Howard Hurst Joiner Jones of Worth Keadle Kidd Killian

1742

JOURNAL OF THE HOUSE,

Killingsworth King Kirkland Knight of Berrien Langford Lee of Clinch Lewis of Wilkinson Lokey Lowrey Mackay Massee McClelland McCracken McDonald McGarity Milhollin Miller Moate Moore Moorman Morris

NeSmith Odom Paris Parker of Ware Payton Pelham Phillips of Columbia Phillips of Walton Poole Potts Rainey Raulerson Roberts Roper Rutland Scarborough Scoggin Sheffield Shuman Simmons Smith of Fulton

Smith of Habersham Smith of Whitfield Steis Stevens Tamplin Taylor of Dawson Taylor of Bibb Thornton Underwood of Taylor Walker of Lowndes Walker of Telfair Ware Watson Wells of Oconee Wilkes Williams of Coffee Williams of Hall Woodward Young

Those voting in the negative were Messrs.:

Barnett of Wilkes Barnett of Baker Barrett Black Brantley Clark of Catoosa Cloer Crawford Dickey Dorminy Fleming Flynt Fordham Fowler of Treutlen

Hall of Lee Henderson Horton Hull Jones of Liberty Jones of Lumpkin Jordan Lane Lovett Matthews of Colquitt McCutchen Mixon Morgan Mullis

Murphy Newton Phillips of Bibb Purcell Ross Sangster Simpson Smith of Brantley Story Stuckey Tabb Todd Vaughn Waldrop

Those not voting were Messrs.:

Barber Blalock Boggs Bolton Bowen of Toombs Bozeman Brackin Brooks of Oglethorpe Bynum Cocke Coker Collins

Conner Cox Crowe Davis Deen Dicus Dollar Doster Duncan of Carroll Fowler of Douglas Funk Fuqua

Greene Hale Harrell Hodges Johnson Jones of Sumter Kelly Keyton Kimmons Knight of Laurens Lee of Clayton Lewis of Burke

MONDAY, FEBRUARY 12, 1962

1743

Loggins Matthews of Clarke Melton Moss Otwell Pannell Parker of Screven Parker of Appling Farmer Pickard Rodgers of Charlton

Rogers of Paulding Rowland Sinclair Singer Smith of Grady Strickland Taylor of Decatur Teague Tucker Twitty Undercofler

Underwood of Montgomery
Wells of Peach Wells of Camden White Wickham Willingham Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 97, nays 42.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Taylor of Bibb gave notice that at the proper time he would ask the House to reconsider its action in failing to give HB 860 the requisite constitutional majority.

Mr. Parker of Appling stated that he was absent from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 860.

HR 472-935. By Messrs. Steis of Harris, Plexer of Glynn, Vaughn of Rockdale and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made; 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 III, Section XI, Paragraph I of the Constitution is hereby amended by striking said paragraph in its entirety and inserting in lieu thereof a new paragraph which shall read as follows:
"The General Assembly, by a majority vote of both branches thereof, may change the compensation of any elective official pro-

1744

JOURNAL OF THE HOUSE,

vided for in the Constitution, but no such change shall become effective during the term of office in which such change is made."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to provide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made.

"Against ratification of amendment to the Constitution so as to provide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following amendment was read and adopted:

Mr. Wilkes of Cook moves to amend. HR 472-935 as follows:
By adding in Section 1 after the last word made the following:
"Provided however, that no bill shall be introduced to fix or alter the salary of any State Official whose salary is required to be fixed by statute or the Constitution, unless the same is intro duced in the regular twelve (12) day session convened in each odd numbered year."

MONDAY, FEBRUARY 12, 1962

1745

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barrett
Baughman Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Branch Brantley Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Crawford Crowe Culpepper Da vis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming F lexer Flynt Fordham

Fowler of Douglas Fowler of Tretulen Funk Fuqua
Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lse of Clayton Lev/is of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCracken McCutchen McDonald

McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy Newton Odom Otwell Paris Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Bibb Pickard Poole Potts Purcell Rainey Raularson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Simpson Singer Smith of Fulton Smith of Habersham Smith of Whitfield

1746

JOUENAL OF THE HOUSE,

Steis Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Teague Thornton Todd

Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Ware

Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Wilson Woodward Young

Those not voting were Messrs.:

Ballard Barnett of Baker Bog-gs Bolton Boyett Bozeman Brackin Brooks of Oglethorpe Brooks of Fulton Clark of Catoosa Coker Conner Cox Dicus

Doster Floyd Greene Hill Hodges Johnson Keyton Kimmons Matthews of Clarke Melton Moss NeSmith Pannell Parker of Screven

Phillips of Walton Rowland Sinclair Smith of Grady Smith of Brantley Stevens Tamplin Taylor of Decatur Twitty Watson Wells of Camden Willingham Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 164, nays 0.

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

Mr. Wilkes of Cook asked unanimous consent that the House reconsider its action in adopting the following Resolution of the House:

HR 472-935. My Messrs. Steis of Harris, Flexer of Glynn, Vaughn of Rockdale and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made; and for other purposes.

The consent was granted and the House reconsidered its action in adopting HR 472-935.

MONDAY, FEBRUARY 12, 1962

1747

The following Resolution of the House, its adoption having been reconsidered, was again taken up for consideration and read:

HR 472-935. By Messrs. Steis of Harris, Plexer of Glynn, Vaughn of Rockdale, and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made; 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 III, Section XI, Paragraph I of the Constitution is hereby amended by striking said paragraph in its entirety and inserting in lieu thereof a new paragraph which shall read as follows:
"The General Assembly, by a majority vote of both branches thereof, may change the compensation of any elected official pro vided for in the Constitution, or by statute, but no such change shall become effective during the term of office in which such change is made; providing, however, that no Bill shall be introduced to fix or alter the salary of any State official whose salary is required to be fixed by statute or the Constitution, unless the same is introduced in the regular twelve-day session convened in each odd numbered year".
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide that a change in the compensation of certain officials shall not be effective during the term of office in which such change is made.
"Against ratification of amendment to the Constitution so as to provide that a change in the compensation of certain officials

1748

JOURNAL OP THE HOUSE,

shall not be effective during the term of office in which such change is made."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following amendment was read and adopted:
Mr. Wilkes of Cook moves to amend HR 472-935 by adding in Section I after the word "Constitution" the following:
"Or by statute" and by adding after the last word in Section I the following:
"Providing, however, that no Bill shall be introduced to fix or alter the salary of any State official whose salary is required to be fixed by statute or the Constitution, unless the same is introduced in the regular twelve-day session convened in each odd numbered year";
so that Section I, when so amended, will read as follows:
"The General Assembly, by a majority vote of both branches thereof, may change the compensation of any elected official pro vided for in the Constitution, or by statute, but no such change shall become effective during the term of office in which such change is made; providing, however, that no Bill shall be introduced to fix or alter the salary of any State official whose salary is required to be fixed by statute or the Constitution, unless the same is introduced in the regular twelve-day session convened in each odd numbered year".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams

Akins Andrews of Stephens

Andrews of Hall Arnsdorff

MONDAY, FEBRUARY 12, 1962

1749

Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bowen of Toombs Boyett Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Chandler Clark of Catoosa Cloer Coker Collins Conner Cox Crawford Dollar Doster Duncan of Fannin Dunn Echols Fleming Flexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard

Hull Hurst Joiner Jones of Liberty Jones of Worth Jones of Sumter Keadle Kelly Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Colquitt Lewis of Wilkinson Loggins Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Mixon Moate Moore Moorman Morgan Morris Mullis Murphy Newton Odom Pannell Paris Parker of Ware Parker of Appling Farmer Payton Pelham

Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Purcell Rainey Roberts Rogers of Paulding Ross Sangster Scarborough Scoggin Sheffield Shuman Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Thorn ton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Birdsong Boggs Bolton Bowen of Randolph Brackin

Brantley
Bynum Caldwell Chance Clarke of Monroe

Cocke Crowe Culpepper Davis Deen

1750

JOURNAL OF THE HOUSE,

Dickey Dicus Dorminy
Duncan of Carroll Fitzgerald Floyd Hodges Johnson Jones of Lumpkin Jordan Keyton Kimmons Langford Lewis of Burke Mackay

McGarity Melton Milhollin
Miller Moss NeSmith Otwell Parker of Screven Pickard Potts Raulerson Rodgers of Charlton Roper Rowland Rutland

Simmons Simpson Sinclair
Singer Smith of Brantley Stevens Taylor of Decatur Taylor of Bibb Teague Vaughn Walker of Telfair Ware Watson Wells of Camden Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 145, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

HB 1081. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide an alternative method for annex ing territory to the municipalities of this State by action of the munici pal governing bodies upon written request of 100% of the property owners in the affected area; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 77, nays 68.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Bolton of Spalding gave notice that at the proper time he would ask the House to reconsider its action in failing to give HB 1081 the requisite constitu tional majority.

HR 593-1147. By Messrs. Dickey and Crawford of Chatham:
A Resolution relating to the erection of a monument to Button Gwinnett; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1751

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 118, nays 0.

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

HR 636-1192. By Messrs. Busbee and Odom of Dougherty:
A Resolution authorizing and directing the conveyance of certain prop erty belonging to the State to the Albany Civitan Club; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bowen of Randolph Bowen of Toombs
Boyett Bozeman Branch Brantley Brown Budd Busbee Bynum Chance Clark of Catoosa Clarke of Monroe

Cloer Cox Crawford
Culpepper Dickey Duncan of Fannin Dunn Echols Fleming Flexer Flynt Fowler of Douglas Fowler of Treutlen Fuqua Hall of Lee Harrell Horton Hull Joiner
Jones of Liberty Jones of Worth Jones of Sumter Jordan Keadle Kelly

Killian King
Knight of Laurens Knight of Berrien Lane
Lee of Clinch
Lee of Clayton Lewis of Wilkinson Loggins Lokey
Lovett Mackay Massee Matthews of Clarke McClelland McCutchen McDonald Milhollin Miller Mixon Moate Morgan Morris Mullis Murphy

1752

JOURNAL OF THE HOUSE,

Newton Odom Pannell Paris Parker of Appling Payton Phillips of Bibb Poole Potts Purcell Raulerson Roberts Rogers of Paulding Roper

Rutland Sangster Scarborough Shuman Simmons Smith of Habersham Smith of Whitfield Steis Story Strickland Tabb Taylor of Dawson Teague Todd

Tucker Undercofler Underwood of Taylor Waldrop Walker of Lowndes Watson Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Ballard Birdsong Boggs Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Caldwell Chandler Cocke Coker Collins Conner Crowe Davis Been Dicus Dollar Dorminy Doster Duncan of Carroll Fitzgerald Floyd Fordham Funk Greene Hale Hall of Floyd Henderson

Hill Hodges Howard Hurst Johnson Jones of Lumpkin Keyton Kidd Killingsworth Kimmons Kirkland Langford Lewis of Burke Lowrey Matthews of Colquitt McCraeken McGarity Melton Moore Moorman Moss NeSmith Otwell Parker of Screven Parker of Ware Farmer Pelham Phillips of Columbia Phillips of Walton Pickard

Rainey Rodgers of Charlton Ross Rowland Scoggin Sheffield Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Fulton Stevens Stuckey Tamplin Taylor of Decatur Taylor of Bibb Thornton Twitty Underwood of
Montgomery Vaughn Walker of Telfair Ware Wells of Camden White Wickham Wilkes Mr. Speaker

On the adoption of the Resolution, the ayes were 117, nays 0.

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

MONDAY, FEBRUARY 12, 1962

1753

JOINT SESSION

The hour of convening having arrived, the Senate appeared upon the floor of the House for the purpose of hearing an address by Honorable Herman E. Talmadge.

The President of the Senate called the joint session to order.

The Clerk read HR 427.

Senator Talmadge, Governor Vandiver and the Committee of Escort appeared upon the floor of the House.

Lieutenant Governor Garland Byrd offered the following introductory re marks in presenting Senator Talmadge:
GOVERNOR VANDIVER, MR. SPEAKER, MEMBERS OF THE GENERAL ASSEMBLY, STATE OFFICIALS, AND GUESTS:
It is my privilege today to present to you gentlemen one of the greatest leaders Georgia, the South, and the nation -- has ever known.
You will notice that I said "present".
It would be presumptuous, indeed, for anyone to presume to "intro duce" our distinguished speaker to a Georgia audience.
He -- personally -- his splendid record -- and the outstanding qual ities of his leadership are well known to all of you.
However, in the time allotted to me to present him to you, I would like to make a few observations.
Herman Talmadge is a Georgian who has carried our philosophy of government not only to the people of other sections of the nation, but to the people of the world as well.
In his appearances on national television programs and through other media, he has helped tremendously in letting the people of other sections know some of the problems we face here in Georgia and the South.
As our governor for six years, he endeared himself to all the people of Georgia by instituting a program of constructive reform through which the dreams of progressive citizens for many years were finally transmitted into reality.

1754

JOURNAL OF THE HOUSE,

His career has been an inspiration to all of those who aspire to public service and his unselfish devotion to Georgia and the common future of our people is an inspiration for those of us who are working for a better state.

As our Junior United States Senator from Georgia, he has won for himself the respect and admiration of his contemporaries in the Senate.

His statesmanlike approach to the problems of grave concern con fronting our nation have further reinforced the solid backing and sup port he enjoys among the people of Georgia.

In Washington, this vigorous public servant has been untiring in his support of all programs to provide a better life for Americans today -- and a better America for citizens tomorrow.

He has pursued his dedicated course of service to his fellowman with quiet dignity and unassuming modesty.

Georgians are proud of Senator Herman Talmadge and proud that the nation shares their pride.

Georgians remember his as a great Governor.

Every Georgian cherishes him as the personification of his own beliefs and aspirations.

Senator Talmadge . . . Sir . . . will you now speak to your people?

Senator Herman E. Talmadge addressed the General Assembly.

Mr. Twitty of Mitchell moved that this Joint Session be now dissolved and the motion prevailed.

The President announced the Joint Session dissolved.

Under the General Order of business established by the Committee on Eules the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1157. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Income Tax Act of 1931, by providing that associations created pursuant to the provisions of the Georgia Professional Association Act shall be included within the term "Associations"; to provide that such Professional As-

MONDAY, FEBRUARY 12, 1962

1755

sociations shall be taxed as corporations under said Income Tax Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

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

HB 1157 was ordered immediately transmitted to the Senate.

HB 948. By Messrs. Thornton of Bibb and Hale of Bade:
A Bill to be entitled an Act to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement; and for other purposes.

The following Committee substitute was read and adopted;
A BILL
To be entitled an Act to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence sub mitted by either party, and shall permit the defendant to make his own statement, so as to provide that in all proceedings before a court of inquiry of this State the accused may testify in his own behalf; to provide that if the accused elects to so testify, the accused shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue; to provide that the failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement, is hereby amended by adding at the end of said Section the following:

1756

JOURNAL OF THE HOUSE,

"In the alternative, however, if the prisoner wishes to testify and announces in open court before any court of inquiry his in tention to do so, he may so testify in his own behalf. If he so elects, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure."

so that when so amended said Section shall read as follows:

"Section 27-405. The court shall hear all legal evidence sub mitted by either party, and shall always permit the defendant to make his own statement of the transaction (not under oath) if he desires to do so. The weight to be given to such statement shall be entirely in the discretion and sound judgment of the court. When ever such statement is made, it shall be the duty of the court to reduce it to writing, and return it with the other papers to the proper court in the event of a commitment. In the alternative, how ever, if the prisoner wishes to testify and announces in open court before any court of inquiry his intention to do so, he may so testify in his own behalf. If he so elects, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. The failure of a defendant to testify shall create no presumption against him, and no com ment shall be made because of such failure."

SECTION 2

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 105, nays 4.

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

HB 949. By Messrs. Thornton of Bibb and Hale of Dade:
A Bill to be entitled an Act to amend Code Section 38-415, relating to the prisoner's statement in criminal trials and the procedure connected therewith, so as to permit the accused to testify; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1757

The following Committee substitute was read and adopted;

A BILL

To be entitled an Act to amend Code Sections 38-415, relating to the statement of the accused in criminal trials and the procedure con nected therewith, and 38-416, relating to persons not competent or compellable to testify, so as to provide that in all criminal trials of this State the accused may testify in his own behalf; to provide that if the accused elects to so testify, the accused shall be sworn as any other wit ness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue; to provide that evidence of prior felony convic tions may be admitted in those cases where the same are alleged in the indictment as provided by law; to provide that the failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure; to provide that the criminal defendant shall be competent to testify; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, is hereby amended by adding at the end of said Section the following:

"In the alternative, however, if the prisoner wishes to testify and announces in open court his intention to do so, he may so testify in his own behalf. If so, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. Evidence of prior felony convictions may be admitted in those cases where the same are alleged in the indict ment as provided by law. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure."

so that when so amended said Section shall read as follows:

"38-415. In all criminal trials, the prisoner shall have the right to make to the court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath, and shall have such force only as the jury may think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on crossexamination, should he think proper to decline to answer. In the alternative, however, if the prisoner wishes to testify and announces in open court his intention to do so, he may so testify in his own behalf. If so, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no

1758

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evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. Evidence of prior felony convictions may be admitted in those cases where the same are alleged in the indict ment as provided by law. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure."

SECTION 2

Code Section 38-416, relating to persons not competent or compellable to testify, is hereby amended by striking the words "competent or", so that when so amended said Section shall read as follows:

"38-416. No person, who shall be charged in any criminal pro ceeding with the commission of any indictable offense or any offense punishable on summary conviction, shall be compellable to give evidence for or against himself."

SECTION 3

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 104, nays 1.

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

HB 948 and HB 949 were ordered immediately transmitted to the Senate.

HB 809. By Messrs. Singer of Stewart, Dicus of Muscogee and others:
A Bill to be entitled an Act to amend an Act known as the General Ap propriations Act, so as to amend the appropriation to the Department of Commerce; and for other purposes.

The Speaker resolved the House into a Committee of the Whole, designating

Mr. Parker of Appling as Chairman thereof, for the purpose of considering HB 809.

MONDAY, FEBRUARY 12, 1962

1759

The following Committee substitute was read and adopted;

A BILL
To be entitled an Act to amend an Act entitled "An Act to make appropriations for the operation of the State Government, for the sup port of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for Roads and for all other governmental activities authorized by law for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law; to provide for the control and administration of the funds;", approved April 5, 1961 (Ga. Laws 1961, p. 356), so as to provide for contingent appropriations to the Department of Commerce for a five (5) year period to survey, prospect and test for minerals and ores in this State; to amend certain figures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled "An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institu tions, for aid to the University System and to the common schools of the State, for aid to the counties for Roads and for all other govern mental activities authorized by law for the fiscal year beginning July 1, 1961 and ending June 30, 1962 and for each and every fiscal year thereafter until repealed or modified by law; to provide for the control and administration of the funds;", approved April 5, 1961 (Ga. Laws 1961, p. 356), is hereby amended by adding the following paragraph to Section 50 of said Act:
"To supplement and become part of the appropriations to the Commerce Department for the purpose of providing funds for a five (5) year period to survey, prospect and test for minerals and ores in this State; the Commerce Department is authorized to con tract with the Geology Department of the University of Georgia in order to carry out the purposes of this provision."

SECTION 2
Said Act is further amended by striking from Section 50 the words and figures "Total Contingent Appropriations .... $53,800,000.00" and inserting in lieu thereof the words and figures "Total Contingent Ap propriations .... $53,875,000.00".

SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

The Committee of the Whole arose and through its Chairman reported HB 809 back to the House with the recommendation that it Do Pass by substitute.

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JOURNAL OF THE HOUSE,

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, by substitute, the ayes were 103, nays 0.

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

HB 1052. By Messrs. Kirkland of Tattnall, Morgan of Gwinnett and Cox of Clarke:
A Bill to be entitled an Act to provide for certain changes in and addi tions to the provisions of the Employee's Retirement System of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Kirkland of Tattnall and Mr. Underwood of Montgomery stated that they were absent from the Hall of the House at the time the votes were counted, but had they been present they would have voted "Aye" on HB 1052.
HB 1040. By Messrs. Payton of Coweta and Morgan of Gwinnett: A Bill to be entitled an Act to amend Section 56-608 of the Code of Georgia, so as to provide that people convicted for the violation of the provisions of said Section shall be confined in a county jail, county works camp or other place provided by counties for maintenance of county prisoners; and for other purposes.
The following Committee amendment was read and adopted.
The State Institutions and Property Committee moves to amend House Bill 1040 as follows:
To amend the caption of said Bill by inserting the words "to provide for working prisoners" immediately before the words "to repeal con flicting laws"; and

MONDAY, FEBRUARY 12, 1962

1761

By adding the following sentence at the end of Section 1:

"If committed to the county jail, the county governing authority may work said prisoner on any public road or public property."

Mr. Payton of Coweta asked unanimous consent that HB 1040 be postponed until Tuesday, February 13, 1962.

The consent was granted and HB 1040 was postponed until February 13, 1962.

HB 1077. By Messrs. Otwell of Forsyth, Chance of Twiggs, and others:
A Bill to be entitled an Act to fix the situs of motor boats for the pur pose of ad valorem taxation; and for other purposes.

Mr. Andrews of Hall asked unanimous consent that HB 1077 be postponed until Tuesday, February 13, 1962.

The consent was granted and HB 1077 was postponed until February 13, 1962.

HR 473-935. By Mr. Smith of Fulton:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a jury verdict of life imprisonment without parole as an alternative to the death sentence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The Constitution is hereby amended by adding at the end of Article V, Section I, Paragraph XI, relating to the State Board of Pardons and Paroles, a paragraph which shall read as follows:
"The above paragraph notwithstanding, all capital felony cases where the jury finds the defendant guilty and does not recommend mercy thereby subjecting him to the death sentence, such jury may recommend life imprisonment without a parole and it shall be the duty of the judge to so sentence such defendant. Once sentenced the State Board of Pardons and Parole shall not have power to grant a reprieve, pardon or parole. However, in exceptional cases and by a unanimous recommendation of the State Board of Pardons and

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Paroles, the Governor may grant executive clemency to a defendant so sentenced, but only after notice of the impending pardon has been published once a week for four weeks in a newspaper of general circulation in the county from which said defendant was sentenced."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to provide for a jury verdict of life imprisonment without parole as an alternative to the death sentence.

"Against ratification of amendment to the Constitution so as to provide for a jury verdict of life imprisonment without parole as an alternative to the death sentence."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

Mr. Smith of Fulton asked unanimous consent that HB 473-935 be postponed until Tuesday, February 13, 1962.

The consent was granted and HB 473-935 was postponed until February 13, 1962.

HB 933. By Messrs. Brantley of Candler and Lane of Bulloch:
A Bill to be entitled an Act to prohibit the use of certain language over the telephone; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1763

Mr. Brantley of Candler asked unanimous consent that HB 933 be postponed until Tuesday, February 13, 1962.

The consent was granted and HB 473-935 was postponed until February 13, 1962.

HB 919. By Messrs. Williams and Andrews of Hall: A Bill to be entitled an Act to amend Chapter 24-27 of the Code relating to the clerks of the superior court, so as to provide that the clerk of the superior court may keep certain records by microfilm or other photo graphic processes of a permanent nature; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 930. By Messrs. Dickey, Funk and Crawford of Chatham: A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System; and for other purposes.
Mr. Dickey of Chatham asked unanimous consent that HB 930 be postponed until Tuesday, February 13, 1962.
The consent was granted and HB 930 was postponed until February 13, 1962.
HR 501-981. By Messrs. Crawford and Dickey of Chatham:
A RESOLUTION Proposing that the General Assembly of Georgia do hereby respect fully request the Congress of the United States to propose to the people an amendment to the Constitution of the United States, or to call a con vention for such purpose as provided by Article V of the Constitution, an article providing as follows:
"ARTICLE ____,,
"Section 1. The Government of the United States shall not en-

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JOURNAL OP THE HOUSE,

gage in any business, professional, commercial, financial, or indus trial enterprise except as specified in the Constitution.

"Section 2. The Constitution or laws of any State, or the laws of the United States, shall not be subject to the terms of any foreign or domestic agreement which would abrogate this amendment.

"Section 3. The activities of the United States Government which violate the intent and purposes of this amendment shall, with in a period of three (3) years from the date of ratification of this amendment, be liquidated and the properties and facilities affected shall be sold.

"Section 4. Three (3) years after the ratification of this amendment, the sixteenth (16th) Article of amendments to the Constitution of the United States shall stand repealed and there after Congress shall not levy taxes on personal incomes, estates, and/or gifts."

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a certified copy of this Resolution be forwarded by the Secretary of State to the President of the United States Senate, the Speaker of the House of Representatives, and to each Member of Congress from the State of Georgia.

Mr. Mackay of DeKalb asked unanimous consent that HR 501-981 be postponed until Tuesday, February 13, 1962.

The consent was granted and HR 501-981 was postponed until February 13, 1962.

HB 927. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to change certain provisions relating to private trailers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Hall

Barber Barnett of Wilkes

Barnett of Baker Baughman

MONDAY, FEBRUARY 12, 1962

1765

Birdsong Black Blalock Boyett Brackin Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Conner Crowe Culpepper Davis Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Floyd Fowler of Douglas Funk Greene Hale Hall of Lee Harrell Henderson Horton Hull Joiner Jones of Worth

Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Killian Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay Massee McClelland McCracken Milhollin Miller Mixon Moate Moore Morgan Morris Mullis Murphy Odom Pannell Paris Parker of Appling Farmer Pelham Phillips of Bibb Poole

Potts Purcell Roberts Rodgers of Charlton Roper Rutland Scarborough Sheffield Simmons Simpson Sinclair Smith of Whitfield Steis Stevens Story Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Twitty Undercofler Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Adams Akins Andrews of Stephens Arnsdorff Ballard Barrett Boggs Bolton Bowen of Randolph Bowen of Toombs Bozeman Branch Brantley Brown Budd

Coeke Coker Collins Cox Crawford Deen Dickey Dicus Dorminy Doster Fitzgerald Flexer Flynt Fordham Fowler of Treutlen

Fuqua Hall of Floya Hill Hodges Howard Hurst Johnson Jones of Liberty Keyton Kidd Killingsworth Kimnions King Kirkland Lane

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Lovett Matthews of Clarke Matthews of Colquitt McCutchen McDonald McGarity Melton Moorman Moss NeSmith Newton Otwell Parker of Screven Parker of Ware Payton Phillips of Columbia

Phillips of Walton Pickard Rainey Raulerson Rogers of Paulding Ross Rowland Sangster Scoggin Shuman Singer Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Strickland

Stuckey Taylor of Decatur Todd Tucker Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Lowndes Walker of Telfair Ware Wickham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1017. By Messrs. Brooks of Fulton and McCracken of Jefferson: A Bill to be entitled an Act to provide that the manufacturer of any new personal property sold either directly to the ultimate consumer, or sold through a dealer, or some other person, shall be deemed to impart certain implied warranties to said ultimate consumers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1163. By Messrs. Phillips, Taylor and Thornton of Bibb: A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act", so as to provide appropriations for the acquisition of Wesleyan Conservatory Property; and for other purposes.
The Speaker resolved the House into a Committee of the Whole, designating Mr. Fowler of Douglas as Chairman thereof, for the purpose of considering HB 1163.

MONDAY, FEBRUARY 12, 1962

1767

The Committee of the Whole arose and through its Chairman reported HB 1163 back to the House with the recommendation that it Do Pass.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Blalock Bowen of Randolph Bowen of Toombs Boyett Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Conner Crowe Davis Deen Dollar Duncan of Fannin Duncan of Carroll Dunn Fleming Flexer Floyd Fowler of Douglas Fowler of Treutlen Funk Fuqua

Greene Hale Hall of Lee Harrell Henderson Horton Howard Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Kelly Killian Kimmons Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Burke Loggins Lokey Lowrey Mackay Massee Matthews of Clarke McClelland Milhollin Miller Mixon Morgan Morris Mullis Murphy Odom Pannell Paris Parker of Screven Farmer

Phillips of Bibb Poole Potts Rainey Roberts Rodgers of Charlton Rowland Rutland Sangster Scarborough Scoggin Sheffield Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Twitty Waldrop Walker of Lowndes Watson Wells of Peach Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson Young

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Those voting in the negative were Messrs.:

Culpepper

McCracken

Those not voting were Messrs. :

Adams Andrews of Stephens Ballard Black Boggs Bolton Bozeman Branch Brantley
Chandler Clarke of Monroe Cocke
Coker Collins Cox
Crawford Dickey Dicus Dorminy Doster Echols Fitzgerald Flynt Fordham Hall of Floyd Hill
Hodges Hull
Hurst

Johnson Jones of Worth Keadle Keyton Kidd
Killingsworth King Kirkland Knight of Laurens Lane Lewis of Wilkinson Lovett Matthews of Colquitt McCutchen McDonald McGarity Melton
Moate Moore Moorman
Moss NeSmith Newton Otwell Parker of Ware
Parker of Appling Payton Pelham

Phillips of Columbia
Phillips of Walton Pickard Purcell Raulerson Rogers of Paulding Roper
Ross Shuman
Simmons Singer Strickland Stuckey Taylor of Decatur Teague
Todd Tucker
Undercofler Underwood of
Montgomery
Underwood of Taylor Vaughn
Walker of Telfair Ware Wells of Oconee Wickham Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 118, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1163 was ordered immediately transmitted to the Senate.
Mr. Brooks of Fulton stated that he was absent from the Hall of the House at the time the roll was called but had he been present, he would have voted "Aye" on HB 1163.

HB 922. By Messrs. Loggins of Chattooga, Hale of Dade and others:
A Bill to be entitled an Act to amend an Act known as the Charitable Agencies and Licenses Required Act, so as to provide the method of

MONDAY, FEBRUARY 12, 1962

1769

licensing all types of charitable organizations who wish to engage in activities which include providing for care of dependent or defective persons; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide the procedure for regulation of solicitation and collection of funds for charitable purposes; to provide for the registration with the Secretary of State of charitable organiza tions; to provide certain exemptions from the provisions of this Act; to provide for reports by registered charitable organizations with the Secretary of State; to provide for the registration and giving of bond by professional funds raisers; to provide for the filing of contracts with the Secretary of State; to provide for the registration of pro fessional solicitors; to provide for procedure of enforcement of this Act; to provide for the designation of the Secretary of State as agent for service of process in certain cases; to provide penalties; to provide for the repeal of certain Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Solicitation and Collection of Funds for Charitable Purposes.
Definitions. As used in this section unless the context requires otherwise:
(a) "Charitable organization" includes any benevolent, philan thropic, patriotic or eleemosynary person or one purporting to be such.
(b) "Contribution" means the promise or grant of any money or property of any kind or value.
(c) "Professional fund raiser" includes any person who for com pensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this State for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of solicit ing contributions for such purpose. A bona fide officer or employee of a charitable organization is not deemed a professional fund raiser.
(d) "Professional solicitor" includes any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes from persons in this state.
(e) "Department" means secretary of state.

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SECTION 2

Registration of Charitable Organizations.

(a) Every charitable organization, except as otherwise provided in Section 3, which intends to solicit contributions from persons in this state by any means whatsoever shall, prior to any solicitation, file with the department upon forms prescribed by it, the following information:

1. The name under which the charitable organization intends to solicit contributions.

2. The names and address of officers, directors, trustees, and execu tive personnel.

3. The names and addresses of any professional fund raiser and professional solicitors who act or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions or other remuneration to be paid to the professional fund raisers and professional solicitors.

4. The general purposes for which the charitable organization is organized.

5. The purposes for which the contributions to be solicited will be used.

6. The period of time during which the solicitation will be made.

7. Such other information as may be necessary or appropriate in the public interest or for the protection of contributors.
(b) The registration form, and any other documents prescribed by the department, shall be signed by the president or other authorized officer and the chief fiscal officer of the charitable organization.

(c) For filing such registration, the department shall receive a fee of $5.00 to be paid at the time of registration.

(d) Such registration shall be effective either for a prescribed period, pursuant to reasonable regulation of the department, or on a continuing basis, without limitation as to time.

SECTION 3
Exempt Persons. The following persons shall not be required to register with the department.

(a) Religious agencies and organizations, and charities, agencies, and organizations operated, supervised or controlled by or in connec tion with a religious organization; and

MONDAY, FEBRUARY 12, 1962

1771

(b) Educational institutions when solicitation of contributions is confined to its student body and their families, alumni, faculty and trustees.

(c) Fraternal, civic, benevolent, patriotic and social organizations when solicitation of contributions is confined to its membership or within the county in which the organization is located.

(d) Persons requesting any contributions for the relief of any individual, specified by name at the time of the solicitation, if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary.

(e) Local community organizations or local fund-raising campaign managers affiliated with or acting for a statewide parent charitable organization by contract or agreement need not register separately with the department. The single registration of the state-wide parent organi zation shall be considered all-inclusive of all its affiliated local com munity fund-raising organizations and individuals.

SECTION 4
Reports By Registered Charitable Organizations. Every charitable organization required to register pursuant to Section 2 which has re ceived contributions during the preceding calendar year shall file a written report with the department upon forms prescribed by it, on or before March 31st of each year, which shall include a financial state ment covering the preceding fiscal year of operation, verified by an independent public accountant clearly setting forth the gross income, expenses and net amount inuring to the benefit of the charitable organi zation. A charitable organization which maintains its books on other than a calendar year basis shall upon application to the department therefor be permitted to file its report within 90 days after the close of its fiscal year. Such reports shall state the names of its professional fund raisers and professional solicitors used during the year, if any, and the amounts of compensation received by them. Such report when filed shall become a public record in the office of the department. The report of a state-wide parent charitable organization shall include the combined reports of all its local community fund-raising affiliates. This total state report shall be verified by a certified public accountant. Community reports of local affiliates or local managers to the parent organization need not be made separately to the department, but shall be made to the parent organization after being verified by an inde pendent local audit.

SECTION 5
Professional Fund Raisers; Registration and Bond Required. No person shall act as a professional fund raiser for a charitable organi zation required to register pursuant to Section 2 until he has first registered with the department. Applications for such registration shall be in writing, under oath, in the form prescribed by the department and shall be accompanied by an annual fee of $50.00. The applicant

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shall at the time of making application, file with, and have approved by, the department a bond in which the applicant shall be the principal obligor, in the sum of $5,000.00, with one or more sureties whose lia bility in the aggregate as such sureties will at least equal such sum. The bond shall run to the secretary of state for the use of the state and to any person who may have a cause of action against the obligor of such bond for any malfeasance or misfeasance in the conduct of such solicitation. Registration when effected shall be for a period of one year, or a part thereof, expiring on August 31st, and may be renewed upon the filing of the bond and fee prescribed herein for additional one year periods.

SECTION 6

Contracts to be retained. All contracts entered into by such pro fessional fund raisers and charitable organizations shall be in writing and true and correct copies thereof shall be kept on file in the office of the charitable organization and the professional fund raiser for a period of 3 years from the date of the solicitation of contributions provided for therein actually commences. Such contracts shall be avail able for inspection and examination by the secretary of state and other
authorized agencies.

SECTION 7

Professional Solicitor: Registration Required. Every professional solicitor employed or retained by a professional fund raiser required to register pursuant to this Section shall, before accepting employment by such professional fund raiser, register with the department. Appli cation for such registration shall be in writing, under oath, in the form prescribed by the department, and shall be accompanied by a fee of $10.00. Such registration when effected shall be for a period of one year, or a part thereof, expiring on August 31st, and may be renewed upon payment of the fee prescribed by the Section, for additional one year periods.

SECTION 8

Enforcement by Attorney General.

(a) An action for violation of this section may be prosecuted in any superior court of this state by the attorney general in the name of the state and in any such action, the attorney general shall exercise all the powers and perform all duties which the solicitor general of a judicial circuit would otherwise be authorized to exercise or to perform therein.

(b) Whenever the attorney general has reason to believe that any charitable organization, professional fund raiser or professional solici tor is operating in violation of this section, or there is employed or is about to be employed in any solicitation or collection of contributions for a charitable organization any device, scheme or artifice to defraud or for obtaining money or property by means of any false pretense, representation or promise, in addition to any other action authorized

MONDAY, FEBRUARY 12, 1962

1773

by law, he may bring in any superior court of this state an action in the name of the state against such charitable organization, professional fund raiser or professional solicitor, and any other person who has participated or is about to participate in such solicitation or collection by employing such device, scheme, artifice, false representation or promise, to enjoin such professional fund raiser or professional solicitor, or other person from continuing such solicitation or collection or engag ing therein or doing any acts in furtherance thereof, or to cancel any registration statement previously filed with the department.

SECTION 9
Designation of Secretary of State as Agent for Service of Process; Service of Process. Any charitable organization, professional fund raiser or professional solicitor resident or having his or its principal place of business without the state or organized under and by virtue of the laws of another state, who or which shall solicit contributions from people in this state, shall be deemed to have irrevocably appointed the secretary of state as his or its agent upon whom may be served any process directed to such charitable organization, professional fund raiser, professional solicitor or any partner, principal, officer or direc tor thereof, in any action or proceeding brought by the attorney general under this section. Any such charitable organization, professional fund raiser or professional solicitor may file with the secretary of state a designation, in terms complying herewith, duly acknowledged, irre vocably appointing the secretary of state as his or its agent upon whom may be served any such process. Service of such process upon the secretary of state shall be made by personally delivering to and leaving with him or a person designated by him a copy thereof at his office and such service shall be sufficient service provided that notice of such service and a copy of such process are forthwith sent by the attorney general to such charitable organization, professional fund raiser, or professional solicitor by registered mail with return receipt requested, at his or its office as set forth in the registration form re quired to be filed in the department subsequent to Sections 2, 5 and 8, or in default of the filing of such form at the last address known to the attorney general. Service of such process shall be complete 10 days after the receipt by the attorney general of a return receipt purport ing to be signed by the addressee or a person qualified to receive his or its registered mail, in accordance with the rules and customs of the post-office department, or, if acceptance was refused by the addressee or his or its agent, 10 days after the return to the attorney general of the original envelope bearing a notation by the postal authorities that receipt thereof was refused.

SECTION 10
Unauthorized Use of Names When Soliciting or Collecting Con tributions.
(a) No person who is required to register pursuant to this section shall use the name of any other person for the purpose of soliciting contributions from persons in this state, without the written consent of such other person.

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(b) A person is deemed to have used the name of another person for the purpose of soliciting contributions if such latter person's name is listed on any stationery, advertisement, brochure or correspondence of the charitable organization or his name is listed or referred to as one who has contributed to, sponsored or endorsed the charitable or ganization or its activities.

(c) Whoever violates this Section shall be guilty of a misdemeanor, and shall be punished therefor as required by law.

SECTION 11

An Act to provide a method of licensing charitable agencies, insti tutions and societies, providing care for dependent or defective persons, approved March 28, 1935 (Ga. Laws 1935, p. 347), is hereby repealed in its entirety.
SECTION 12
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments to the Committee substitute were read and adopted:

Mr. Mackay of DeKalb moves to amend the Committee Substitute to HB 922 by adding a new section to read as follows:
"Nothing contained herein shall serve to deny the right to any municipality to pass such ordinances, rules and regulations as may be deemed appropriate to regulate further the soliciting of funds within such municipality. Such ordinance may not alter any of the obligations as set forth herein but may add thereto other requirements and rules as to the municipality involved appears to be proper."

Mr. Loggins of Chattooga moves to amend the Committee Substitute to HB 922 as follows:
By adding to Section 1 a subsection (f) to read as follows:
" (f) 'solicitation' or 'solicitation of funds' or 'solicit' includes the sending of goods, wares and merchandise not ordered or requested by the recipient and where less than fifty per cent (50%) of the total funds so raised or devoted, or will be devoted, to the purported purpose of the charitable organization. TB Seals, Easter Seals, and related seals and stamps which have a recognized and established usage as a method of soliciting funds for charities shall not be considered goods, wares, and merchandise."
By adding to subsection (a) of Section 2 a paragraph after para graph 6, to be known as 6 (a) and to read as follows:

MONDAY, FEBRUARY 12, 1962

1775

"(a) Method of Solicitation."

By striking from Section 1 the word "section" wherever it may appear and inserting in lieu thereof the word "Act".

By striking from Sections 7, 8, and 9 the word "section" and in serting in lieu thereof the word "Act".

By striking from Section 10 wherever they may appear the words "section" and "Section" and inserting in lieu thereof the word "Act".

By adding the following language at the end of Section l(d): "But shall not include any person who furnishes entertainment on a fixed fee basis at any event staged or conducted by such an organiza tion even though at such event such person may solicit contributions to the organization."

The substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Barber Barnett of Wilkes Barrett Baughman Boggs Bolton Boyett Brooks of Oglethorpe Brooks of Fulton Brown Busbee Caldwell Chance Chandler
Clark of Catoosa Clarke of Monroe Cloer Conner

Cox Crowe Davis Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Fowler of Douglas Fuqua Greene Hale
Hall of Lee Henderson Hill Horton

Howard Hull Joiner Jones of Sumter Keadle Kelly Killian Knight of Laurens Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lowrey Mackay Massae Matthews- of Clarke
McClelland McCracken McCutchen Melton

1776

JOURNAL OF THE HOUSE,

Miller Mixon Moate Moorman Morgan Morris Mullis Murphy NeSmith Odom Pannell Paris Parker of Appling Phillips of Columbia Poole Purcell Raulerson

Rodgers of Charlton Roper Rowland Rutland Scarborough Scoggin Sheffield Sinclair Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb

Tamplin Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden White Wilkes Young

Those voting in the negative were Messrs.:

Andrews of Hall Barnett of Baker Bowen of Randolph Brackin

Budd Culpepper Harrell Jordan

Kimmons Williams of Hall

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Ballard Birdsong Black Blalock Bowen of Toombs Bozeman Branch Brantley Bynum Cocke Coker Collins Crawford Deen Dickey Dicus Dorminy Flynt Fordham Fowler of Treutlen Funk Hall of Floyd Hodges

Hurst Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Keyton Kidd Killingsworth King Kirkland Knight of Berrien Lane Lee of Clayton Lokey Lovett Matthews of Colquitt McDonald McGarity Milhollin Moore Moss Newton Otwell Parker of Screven Parker of Ware

Farmer Payton Pelham Phillips of Walton Phillips of Bibb Piekard Potts Rainey Roberts Rogers of Paulding Ross Sangster Shuman Simmons Simpson Singer Smith of Grady Smith of Fulton Taylor of Dawson Taylor of Decatur Teague Underwood of
Blontgomery Vaughn Walker of Lowndes

MONDAY, FEBRUARY 12, 1962

1777

Walker of Telfair Ware Wickham

Williams of Coffee Willingham Wilson

Woodward Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 113, nays 10.

The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.

HB 1129. By Messrs. Pannell of Murray, Moss of Lincoln, and others:
A Bill to be entitled an Act to repeal certain laws and parts of laws relating to the Cherokee Indians; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes weer 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1125. By Messrs. Milhollin of Coffee, Parker of Appling and Dorminy of Ben Hill: A Bill to be entitled an Act to amend an Act which revised, superseded and consolidated the laws relating to the Game and Pish Commission, so as to change the maximum limit on the length of a minnow net.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 799. By Mr. McClelland of Fulton: A Bill to be entitled an Act to amend Section 61-105 of the Code relat ing to giving notice for the termination of a tenancy at will, so as to clarify the time when such notice is to be given; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend Section 61-105 of the Code relating to giving notice for the termination of a tenancy at will, so as to clarify the time when such notice is to be given; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Section 61-105 of the Code relating to giving notice for the termination of a tenancy at will is hereby amended by striking and deleting therefrom the words "two months' " and "one month's" wher ever the same appear therein and by substituting in lieu thereof the words "sixty days' " and "thirty days'", so that, when so amended, said Section shall read as follows:

"61-105. Sixty days' notice is necessary from the landlord to terminate a tenancy at will. Thirty days' notice is necessary from the tenant."

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1142. By Mr. Lane of Bulloch: A Bill to be entitled an Act to amend an Act which revised, superseded, and consolidated the laws relating to the Game and Fish Commission, so as to provide which animals might be hunted at night; and for other purposes.
The following amendments were read and adopted:
Mr. Raulerson of Echols moves to amend HB 1142 as follows: By inserting the words "Rabbits" after skunk.

MONDAY, FEBRUARY 12, 1962

1779

Mr. Murphy of Haralson moves to amend HB 1142 as follows:

By striking from sub-section C of Section 1 the language "or by publishing such advertisement at least once in a newspaper of general circulation in the county" and inserting in lieu thereof the words: "And by publishing such advertisement at least once in the newspaper in which legal notices of the county are published."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Boggs Bolton Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clarke of Monroe Cloer Crawford Crowe Culpepper Davis Dickey Duncan of Fannin Dunn Fleming Flexer Fordham Fowler of Treutlen Funk

Greene Harrell Henderson Howard Hull Joiner Jones of Liberty Jones of Sumter Jordan Keadle Keyton Killian Kimmons Knight of Berrien Lane Lewis of Wilkinson Lewis of Burke Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen Miller Mixon Morgan Morris Moss Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Appling Farmer

Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Ross Rowland Sangster Scarborough Scoggin Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tamplin Taylor of Dawson Tucker Twitty Undercofler Underwood of Taylor Ware Wells of Peach Wells of Oconee Wells of Camden Williams of Hall Willingham Young

1780

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Blalock Caldwell Echols Horton

Langford Lee of Clayton McCracken Moate

Moorman Tabb Todd Watson

Those not voting were Messrs.:

Andrews of Stephens
Ballard Barrett Birdsong Black Bowen of Randolph Brackin Branch Clark of Catoosa Cocke Coker Collins Conner Cox Been Dicus Dollar Dorminy Doster Duncan of Carroll Fitzgerald Floyd Flynt Fowler of Douglas Fuqua Hale Hall of Lee Hall of Floyd

Hill Hodges Hurst Johnson Jones of Worth Jones of Lumpkin Kelly Kidd Killingsworth King Kirkland Knight of Laurens Lee of Clinch Loggins Lokey Lovett Matthews of Colquitt McDonald McGarity Melton Milhollin Moore Newton Parker of Screven Parker of Ware Payton Pelham Phillips of Columbia

Phillips of Walton Roper Rutland Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Brantley Smith of Fulton Taylor of Decatur Taylor of Bibb Teague Thornton Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Walker of Telfair White Wickham Wilkes Williams of Coffee Wilson Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 109, nays 12.

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

HB 1116. By Mr. Flexer of Glynn:
A Bill to amend Code Chapter 27-1, relating to proceedings prior to arrest so as to specify the information that shall be stated in the affidavits made or the warrants issued for the arrest of an offender against the penal laws of this State; and for other purposes.
Mr. Flexer of Glynn asked unanimous consent that HB 1116 be postponed until Tuesday, February 13, 1962.

MONDAY, FEBRUARY 12, 1962

1781

The consent was granted and HB 1116 was postponed until February 13, 1962.

HB 608. By Messrs. Steis of Harris, Ross of Lincoln, and others:
A Bill to amend an Act to amend Code Section 92-4105 of the 1933 Code of Georgia which provides for the limitation on Cities' right of taxation by exempting from taxation traveling salesmen, so as to exempt cer tain merchants and dealers and their employees from municipal tax ation; and for other purposes.

The following amendment was read and adopted:

Mr. Brantley of Candler moves to amend HB 608 as follows:
By striking the word "retail" from the third line of the sub-sec tion B.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Barnett of Wilkes Barnett of Baker Baughman Boggs Bolton Boyett Bozeman Brantley Brooks of Oglethorpe Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe

Cloer Crawford Crowe Culpepper Davis Dickey Dollar Duncan of Fannin Dunn Echols Fleming Flexer Fordham Fowler of Douglas Funk Greene Hall of Floyd Harrell Hill Horton Howard

Hull Joiner Jones of Lumpkin Jones of Sumter Jordan Keadle Killian Kimmons Lane Langford Lewis of Wilkinson Lokey Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen Mixon Moate Morgan

1782

JOURNAL OP THE HOUSE,

Moss Mullis Murphy Odom Paris Parker of Appling Farmer Phillips of Bibb Poole Potts Purcell Rainey Raulerson Rodgers of Charlton

Rowland Sangster Scarborough Scoggin Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Dawson Taylor of Bibb

Tucker Twitty Undercofler Underwood of
Montgomery Walker of Lowndes Watson Wells of Oconee Wells of Camden White Williams of Hall Young Mr. Speaker

Voting in the negative was Mr. Brooks of Fulton.

Those not voting were Messrs.:

Adams Ballard Barber Barrett Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Brackin Branch Brown Clark of Catoosa Cocke Coker Collins Conner Cox Deen Dicus Dorminy Doster Duncan of Carroll Fitzgerald Floyd Flynt Fowler of Treutlen Fuqua Hale Hall of Lee Henderson Hodges Hurst Johnson

Jones of Liberty Jones of Worth Kelly Keyton Kidd Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Burke Loggins Lovett Matthews of Colquitt McCracken McDonald McGarity Melton Milhollin Miller Moore Moorman Morris Ne Smith Newton Otwell Pannell Parker of Screven Parker of Ware Payton Pelham Phillips of Columbia

Phillips of Walton Pickard Roberts Rogers of Paulding Roper Ross Rutland Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Brantley Smith of Fulton Strickland Tabb Taylor of Decatur Teague Thornton Todd Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Wells of Peach Wickham Wilkes Williams of Coffee Willingham Wilson Woodward

MONDAY, FEBRUARY 12, 1962

1783

On the passage of the Bill, as amended, the ayes were 103, nays 1.

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

The following Resolutions of the House were again taken up for considera tion and read:
HR 433-912. By Messrs. Barrett of Cherokee, Underwood of Taylor, McCutchen of Gilmer, Ross of Lincoln, Arnsdorff of Effingham and others:
A RESOLUTION
Authorizing the continued existence of the Sub-committee on Hy giene & Sanitation, No. 2; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP Georgia:
WHEREAS, the Subcommittee on Hygiene & Sanitation, No. 2, was created pursuant to HR 244, creating the Hygiene & Sanitation Com mittee, in order to study the need of a dental college in this State and to study the facilities and requirements of nursing homes for the aged throughout the State; and
WHEREAS, said Committee has diligently studied the above stated problems; and
WHEREAS, the Subcommittee has found that due to the lack of adequate personnel, trained in the profession of dentistry, the people of Georgia are not being provided with sufficient dental care; and
WHEREAS, the Subcommittee after studying the existing facilities at the Medical College of Georgia, in Augusta, and after having inter viewed various officials of said college have determined that said pro posed dental college should be established in conjunction with the Medi cal College at Augusta; and
WHEREAS, there is a great and ever growing need in. the State for more facilities and trained care for those people who are aged and can no longer care for themselves; and
WHEREAS, the possibility of establishing new and better nursing homes in this State and upgrading the now existing facilities must be thoroughly investigated; and studied; and
WHEREAS, said Committee needs further time to hold proper hearings and to ascertain from expert advice what amount of money and what minimum facilities are required to implement legislation which may be passed pursuant to the recommendations presented by the Subcommittee.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Subcommittee on Hygiene & Sani tation, No. 2, be continued as an interim committee until the next Ses
sion of the General Assembly. That the Subcommittee be allotted 25 days for the study of problems with which it is concerned and that the members of said Subcommittee be the same as those members now serv ing and be paid the required per diem and expenses for the time which they shall contribute to the work of said Subcommittee.

BE IT FURTHER RESOLVED that the Subcommittee is hereby authorized and directed to:

(A) Ascertain the type buildings necessary for establishing a Dental College of Georgia, to be located in Augusta, Richmond County, Georgia in conjunction with the Medical College of Georgia and the cost of the necessary construction thereof;

(B) Determine the type and cost of all necessary equipment to adequately equip the proposed Dental College of Georgia;

(C) Investigate the availability of trained personnel necessary to staff and operate a first-rate Dental College in Georgia;

(D) Study the curricula of other Dental Colleges so as to be sure that the proposed Dental College of Georgia will be an ac credited institution;

(E) Make inquiries throughout the counties of the State as to the need for qualified dentists and to apply the established ratio used throughout the United States of practicing dentists as to population so as to determine the number of additional qualified dentists needed in the State of Georgia, keeping in mind the now practicing dentists in Georgia so as to not overpopulate the profes
sion;

(F) Calculate from expert testimony and opinion of educators the number of available qualified students in Georgia interested in the profession of dentistry.

BE IT FURTHER RESOLVED that said Subcommittee be granted funds with which to procure clerical assistance and also to pay the expenses of those traveling from other States to give expert advice and testimony;

BE IT FURTHER RESOLVED that a representative of the Geor gia Dental Association, a representative of the Department of Health and a representative from the Medical College of Georgia be asked to serve on said Subcommittee by the members thereof so long as said Subcommittee may need them and that such persons be paid the same compensation as the members of said Subcommittee. All funds neces sary for the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.

MONDAY, FEBRUARY 12, 1962

1785

The following Committee amendment was read and adopted:

Rules Committee moves to amend HR 433, as follows:
By striking therefrom the following language:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the Subcommittee on Hy giene & Sanitation, No. 2, be continued as an interim committee until the next Session of the General Assembly. That the Subcom mittee be allotted 25 days for the study of problems with which it is concerned and that the members of said Subcommittee by the same as those members now serving and be paid the required per diem and expenses for the time which they shall contribute to the work of said Subcommittee."
and inserting in lieu thereof the following language:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created an interim legislative committee to be known as the Hy giene & Sanitation Committee, said Committee to be composed of 12 members to be appointed by the Speaker. That said Committee is hereby allotted 10 days each member for the study of problems with which it is concerned and for the carrying out the purposes of this Resolution, and that the members of said committee shall receive the compensation, per diem, expenses and allowances au thorized for members of interim legislative committees for the time which they shall contribute to the work of said committee."
Said Resolution is further amended by striking therefrom the fol lowing language:
"BE IT FURTHER RESOLVED that said Subcommittee be granted funds with which to procure clerical assistance and also to pay the expenses of those traveling from other States to give expert advice and testimony."
The following Committee amendment was read and adopted:
Said Resolution is further amended by striking therefrom the fol lowing language:
"BE IT FURTHER RESOLVED that a representative of the Georgia Dental Association, a representative of the Department of Health and a representative from the Medical College of Georgia be asked to serve on said Subcommittee by the members thereof so long as said Subcommittee may need them and that such persons be paid the same compensation as the members of said Subcom mittee. All funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the legis lative branch of the government."

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and inserting in lieu thereof the following languages:

"BE IT FURTHER RESOLVED that all funds necessary for the purposes of this Resolution shall come from the funds appro
priated to or available to the legislative branch of the government."

The Resolution was adopted, as amended.

HR 599. By Messrs. McCutchen of Gilmer, Walker of Lowndes, Abney of Walker, Cox and Matthews of Clarke:
A RESOLUTION
Proposing the creation of a Committee to investigate the possibility of establishing a section in the gallery to be used exclusively by the various news media; and for other purposes.
WHEREAS, it is most important that the public be adequately informed of the deliberations of the House of Representatives; and
WHEREAS, in order to more easily give the public a knowledge able access to such deliberations it is highly important that the various news media be given ample opportunity to observe the business of the House in order that they may report on same expediently; and
WHEREAS, it is of the greatest importance that the members of the House be allowed to pursue the business of the House without being fettered by the confusion resulting from the different instrumentalities of the various news media being placed on the floor of the House; and
WHEREAS, the creation and establishment of a separate section of the spectator's gallery for the exclusive use of the news media would insure the efficient conduct of the business of the House and also insure more accurate reporting of the deliberations of the House by the various news media;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a committee of six (6) members of the House be appointed by the Speaker to study the possibility of estab lishing a section in the spectator's gallery with appropriate equipment therein for the exclusive use of the news media.
BE IT FURTHER RESOLVED that the members of the Committee shall meet for the purpose of organizing and electing a chairman, a secretary and such other officers as deemed advisable. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, not exceeding- twenty (20) days. Said Committee may procure appro priate secretarial assistance. Said Committee is further hereby au thorized to visit other States in the pursuit of its investigation. The funds necessary for the purposes of this Resolution shall be paid from

MONDAY, FEBRUARY 12, 1962

1787

the funds appropriated to or available to the legislative branch of the government.

BE IT FURTHER RESOLVED that the Secretary of State be appointed as an ex-officio member of said Committee and that said Secretary of State shall receive no further compensation than that salary allowed to him by law.

The following Committee amendment was read and adopted:
Rules Committee moves to amend HR 599, as follows:
By striking therefrom the following language:
"that a Committee of six (6) members of the House",
and inserting in lieu thereof the following language: "that a Committee of five (5) members of the House".
Said Resolution is further amended by striking therefrom the words and figures:
"not exceeding twenty (20) days."
and inserting in lieu thereof the following: "not exceeding ten (10) days each member."
Said Resolution is further amended by striking therefrom the fol lowing language:
"Said Committee may procure appropriate secretarial assist ance. Said Committee is further hereby authorized to visit other States in the pursuit of its investigation."

The Resolution was adopted, as amended.

HR 625. By Messrs. Parker of Screven; Paris of Barrow; Lane of Bulloch, and Tucker of Burke:
A RESOLUTION
Creating a Committee to investigate the possibility of constructing port facilities on the Savannah River near Sylvania, Georgia.
WHEREAS, the Federal Government has expended millions of dol lars on dredging and other projects on the Savannah River in order to make it navigable as far North as Augusta, Georgia; and

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JOURNAL OF THE HOUSE,

WHEREAS, a new toll bridge will be constructed across the Sa vannah River at a point adjacent to Sylvania, Georgia and such bridge will be a connecting link in a complete route from Columbus, Georgia, through Macon, Georgia to Charleston, South Carolina; and

WHEREAS, port facilities located on the Savannah River adjacent to Sylvania would be approximately the half-way mark between Sa vannah and Augusta ports; and

WHEREAS, a new carpeting plant has been constructed in Bulloch County which uses wool imported from Australia which now has to be transported from the port at Savannah about 60 miles away, but the
distance from the port adjacent to Sylvania to such plant would be only 12 miles; and

WHEREAS, all the above indicates that it would be advantageous to have port facilities on the Savannah River adjacent to Sylvania and the possibility thereof should be studied;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the possibility of constructing port facilities on the Savannah River adjacent to Sylvania, Georgia. The Committee shall consult with the members and staff of the Georgia Ports Authority and shall be authorized to consult with other persons having a knowl edge of ports and port development in this and other jurisdictions. The members shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative committees, but shall receive the same for not to exceed 15 days per member. The Com mittee shall meet within 30 days after all members are appointed for the purpose of electing a Chairman and Secretary and such other officers as deemed advisable. The Committee shall adopt its own procedures for carrying out the purposes of this Resolution. The funds necessary for this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Committee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

The following Committee amendment was read and adopted:
Rules Committee moves to amend HR 625, as follows:
By striking from the resolved clause thereof the following language:
"but shall receive the same for not to exceed 15 days per mem ber.",
and inserting in lieu thereof the following language:
"But shall receive the same for not to exceed 10 days each member."

MONDAY, FEBRUARY 12, 1962

1789

The Resolution was adopted, as amended.

The following Resolutions of the House were read and adopted:
HR 521. By Messrs. Barrett of Cherokee, Andrews of Stephens, Wilkes of Cook, Odom of Dougherty, Bowen of Randolph, and others:
A RESOLUTION
Commending Representative Charles A. Pannell of Murray County; and for other purposes.
WHEREAS, pursuant to Senate Resolution No. 75, a joint com mittee was appointed to study the budget and financial administration of the State; and
WHEREAS, Honorable Charles A. Pannell of Chatsworth, Repre sentative from Murray County was elected Chairman of said joint com mittee; and
WHEREAS, Honorable Charles A. Pannell entered into his duties as Chairman of said joint committee with the most studious concentra tion and the highest sense of duty and with a most conscientious and honest attitude; and
WHEREAS, Honorable Charles A. Pannell has in the interim since the adjournment of the 1961 Session of the General Assembly contributed his most valuable time and services to the work of said joint committee by spending an average of one day per week and often more days per week in working for said committee; and
WHEREAS, said Charles A. Pannell has foregone many civic en gagements of importance and has suffered in his law practice to go unheeded in order to further pursue his duties as Chairman of said joint committee; and
WHEREAS, due to the perseverence and conscientiousness of Hon orable Charles A. Pannell in directing and guiding the work of said joint committee, said committee has produced a report which has been favorably received by both the Governor of this State and the General Assembly and which has directed the General Assembly to a course of action dedicated to the restitution of fully constitutional Government based on the principle of separation of powers; and
WHEREAS, such devotion to the welfare and program of the State should not go unrecognized by the members of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Charles A. Pannell of Chatsworth, Representative from Murray County and Chairman of the joint committee known as the Budget Study Committee be commended for his

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JOURNAL OF THE HOUSE,

fine leadership, ceaseless devotion to duty and untiring efforts in work ing with the Committee in preparing and presenting a report which, if acted upon by this body, will insure to the legislative organ of the State Government of Georgia its rightful place in the administration and organization of the State Government.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Honorable Charles A. Pannell.

HR 670. By Mr. Smith of Emanuel:
A RESOLUTION
Wishing a speedy recovery for Honorable Mitchell G. Doster, Jr.; and for other purposes.
WHEREAS, Honorable Mitchell G. Doster, Jr., Clerk of the Supe rior Court of Wilcox County, suffered a heart attack and is confined to St. Joseph Infirmary; and
WHEREAS, he is the brother of Honorable Norman Doster, Repre sentative from Wilcox County;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that best wishes for a speedy recovery are hereby extended to Honorable Mitchell G. Doster, Jr.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honora ble Mitchell G. Doster, Jr.

HR 671. By Messrs. Andrews and Williams of Hall:
A RESOLUTION
Endorsing the Honorable Joe T. Wood for the office of Junior ViceCommander-in-Chief of the Veterans of Foreign Wars of the United States; and for other purposes.
WHEREAS, the election for the national officers for the Veterans of Foreign Wars of the United States will be held before the next con vening of the General Assembly of Georgia; and
WHEREAS, Honorable Joe T. Wood a prominent Georgia citizen of Gainesville, Hall County, Georgia, has become renown as a leader in the Veterans of Foreign Wars of the United States; and
WHEREAS, Honorable Joe T. Wood, while State Commander of the Veterans of Foreign Wars of the United States, was elected "Com-

MONDAY, FEBRUARY 12, 1962

1791

mander of the Year" and served as a member of the "All American Team" of State Commanders; and

WHEREAS, he has recently served as "National Chief of Staff" of the Veterans of Foreign Wars; and

WHEREAS, Mr. Wood was Commander of the District Organization of the Veterans of Foreign Wars and he has served in many other official capacities at a post, department and national level in the Veterans of Foreign Wars; and

WHEREAS, Mr. Wood has served on the Veterans Service Board of the State of Georgia and has been prominent in many civic affairs; and

WHEREAS, in these times when the United States is confronted with the many complex problems, intelligent and reliable leadership of persons whose integrity is beyond reproach is vital to the veterans organizations of the United States; and

WHEREAS, he has worked for the benefits of the Veterans of this State for many years;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Joe T. Wood is hereby en dorsed as a candidate for Junior Vice-Commander-in-Chief of the Vet erans of Foreign Wars of the United States, and this body does hereby recommend and urge his election to this high National office in said Veterans Organization.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appro priate copies of this Resolution to Honorable Joe T. Wood to the State Headquarters of the Veterans of Foreign Wars of the United States and to the Georgia Public Information Media. Said Clerk is further authorized to forward an appropriate copy of this Resolution to the Chairman of the Defense and Veteran Affairs Committee of the House of Representatives of Georgia in order that the same may be transmitted to the next National Convention of the Veterans of Foreign Wars of the United States.

HR 672. By Messrs. Smith of Emanuel and Undercofler of Sumter:
A RESOLUTION
Commending Honorable B. E. Thrasher, Jr., State Auditor; and for other purposes.
WHEREAS, Honorable B. E. Thrasher, Jr., State Auditor has ren dered more than thirty-five years of outstanding service to the State of Georgia, all of which service has been performed in the State Depart ment of Audits; and

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JOURNAL OF THE HOUSE,

WHEREAS, he began his work with the State in 1927 as an Exam iner, became Assistant State Auditor in 1938, and State Auditor in 1941; and

WHEREAS, he is the one person primarily responsible for the beautiful new State Office Buildings which now surround the Capitol Building and which are necessary in order to carry on the increased business of the State Government; and
WHEREAS, his knowledge of the operations of the State Govern ment has enabled him to act as a consultant to all department heads, and he has given freely of his time and advice to the various agencies of the State in order that their duties might be more efficiently per formed; and
WHEREAS, he has always been mindful of the people's interests in dealing with the State's finances, and has rightfully earned the repu tation of being the "Watchdog" of public funds; and
WHEREAS, he has always faithfully, conscientiously and efficiently performed the duties of his office and his presence at the Capitol is sorely missed; and

WHEREAS, illness has prevented him from being at his office and the members of the General Assembly have been unable to secure his advice and counsel;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby commend Honorable B. E. Thrasher, Jr. for his outstanding record of honest and conscientious public service, and wish for him many more years of service. The members further extend their sincerest wishes for a speedy recovery and express their hopes that he will soon be able to return to his office at the State Capitol.
BE IT RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable B. E. Thrasher, Jr.

HR 673. By Mr. Culpepper of Talbot:
A RESOLUTION
Urging the Federal Government to give financial assistance to the Georgia Game and Fish Commission for studying the problems created by the enormous growth of the beaver population in the Southeastern United States; and for other purposes.
WHEREAS, in the past few years there has been a rapid increase of the beaver population in the Southeastern States and in contrast there has been a steady decrease in the selling price of beaver pelts; and
WHEREAS, the decrease in the price of beaver pelts has brought about a continuous reduction in the number of beaver trappers; and

MONDAY, FEBRUARY 12, 1962

1793

WHEREAS, this enormous population of beavers is constantly damaging and destroying millions of dollars worth of timber, croplands, ponds, highways and other valuable land and structures; and

WHEREAS, this problem is one of the most serious facing the landowners in the Southeastern portion of these United States; and

WHEREAS, it is deemed desirable and almost imperative that a study program be undertaken to study the problems created by the in creased beaver population and that procedures be effected to control the population and to mitigate the damages caused thereby.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the present Federal Administration and the Congressional Delegation of the people of this State in Congress, exert every effort in order that appropriate legislation and funds be made available for the purpose of controlling the growth and damages of the beaver population in the Southeastern States.

BE IT FURTHER RESOLVED that the Clerk of the House be in structed to transmit an appropriate copy of this Resolution to the Congressional Delegation from the State of Georgia, to the Director of the Department of Interior and to each member of the Southeastern Association of Game and Fish Commissioners.

HR 674. By Messrs. Smith, McClelland and Brooks of Fulton:
A RESOLUTION
WHEREAS, on. the afternoon of November 9, 1961, little Vivian Alien, 9, was standing near a lighted radiant heater when her clothing ignited from contact with the open flame and, in great pain and fright, was running from the room; and
WHEREAS, her cousin, Betty Alien, 12, on hearing her screams, did rush to the child's assistance and, without regard for her personal safety, proceeded to roll the screaming child on the floor until the fire was extinguished; and
WHEREAS, Betty Alien's prompt reaction in this emergency did, without doubt, result in saving a human life and was the direct result of the emergency fire instructions given school children in Atlanta by the Atlanta Fire Department; and
WHEREAS, such bravery and unselfishness should not go un noticed; now therefore
BE IT RESOLVED by this House of Representatives, the Senate concurring, that we hereby recognize this exceptional display of bravery and alertness on the part of Betty Alien, and the Atlanta Fire Depart ment for its fine training of school children in emergencies, and do commend all concerned for this heroic action.

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BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Betty Alien, to C. H. Hildebrand, Jr. Chief of the Depart ment of Fire, and to J. F. Seagraves, Chief of the Fire Prevention Bureau, City of Atlanta.

HR 675. By Messrs. Smith of Emanuel, Twitty of Mitchell, Cox of Clarke, and Hill of Meriwether:
A RESOLUTION
Urging Honorable Harry S. Truman to accept an invitation to speak at the annual Spring Banquet of the Demosthenian Literary Society; and for other purposes.
WHEREAS, the Demosthenian Literary Society is the oldest literary society in the South and has achieved a remarkable record in public service; and
WHEREAS, some of the outstanding statesmen and orators in the entire United States have been members of the Society; and
WHEREAS, the Society has extended an invitation to former Presi dent Harry S. Truman to be its honored guest and speaker at the annual Spring Banquet in 1962; and
WHEREAS, it would be a signal honor for the Society for Mr. Truman to appear and make an address to the members; and
WHEREAS, the Society has consulted Honorable Richard B. Rus sell and Honorable Herman E. Talmadge, Georgia's United States Sena tors, and Honorable Ernest Vandiver, Governor of Georgia, who have promised to assist in obtaining the consent of Mr. Truman to speak;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby goes on record as endorsing the invitation of the Demosthenian Literary Society to the Honorable Harry S. Truman to speak at the Society's annual Spring Banquet in 1962, and hereby urges former President Truman to accept the invi tation. This body further expresses a keen desire to have Mr. Truman visit the State of Georgia and extends a most cordial invitation to him to do so.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Harry S. Truman and to the President of the Demosthenian Literary Society.

HR 676. By Messrs. Hull, Fleming and Fuqua of Richmond:
A RESOLUTION
Expressing regrets at the passing of James T. Plunkett; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1795

WHEREAS, Honorable J. T. Plunkett, Sheriff of Richmond County, passed away on February 7, 1962; and

WHEREAS, Sheriff Plunkett was serving his third term as Sheriff of Richmond County; and

WHEREAS, Sheriff Plunkett was a native of Richmond County and received his education at Richmond Academy and Georgia Teachers College; and

WHEREAS, Sheriff Plunkett was active on several law enforce ment boards in this State including the Georgia Peace Officers' Asso ciation and the Georgia Sheriff's Association, of which he was a charter member; and

WHEREAS, Sheriff Plunkett was active in religious and civic affairs and was a member of the Hill Baptist Church; and

WHEREAS, Sheriff Plunkett was widely known as an honest and forthright law enforcement officer who was always zealous in protecting the rights of every man, while yet being ever mindful of his duty as a public officer and acting accordingly; and
WHEREAS, the State and the County of Richmond have suffered a great loss by the demise of this man;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does express its regrets at the passing of James T. Plunkett and extends its most heartfelt con dolences to Sheriff Plunkett's family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives be instructed to transmit a copy of this Resolution to the family of Sheriff James T. Plunkett.

HR 677. By Mr. Arnsdorff of Effingham:
A RESOLUTION
Proclaiming March 12th of each year "Georgia Salzburger Day" in order to honor and perpetuate the memory of the Salzburgers; and for other purposes.
WHEREAS, exactly eleven months after Oglethorpe's Vanguard had set out, the first party of Salzburgers embarked for this country; and
WHEREAS, with the help of Oglethorpe, they established the colony of Ebenezer, on the Savannah River, March 12, 1734; and
WHEREAS, the Salzburgers developed at one time the most num erous single population element in Georgia; and

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WHEREAS, they were frugal, straightforward, and industrious people who were followers of the Lutheran Church and who put an un divided faith in God and a simple reliance in their ministers; and

WHEREAS, John Adam Truetlen, the first Governor of Georgia, was a Salzburger; and

WHEREAS, the Salzburgers have had a profound and everlasting effect upon the high degree of religious, cultural and moral development of Georgia and the Nation as a whole; and

WHEREAS, it is only fitting that one day of each year be pro claimed Georgia Salzburger Day, in order to further honor and per petuate the memory of the Georgia Salzburgers.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the Governor of Georgia is hereby author ized and requested to proclaim March 12th of each year as "Georgia Salzburger Day".

HR 688. By Messrs. Hill of Meriwether, Bozeman of Thomas and others:
A RESOLUTION
WHEREAS, young telephone ladies in attendance have greatly aided the members of this House in placing and receiving their telephone calls during this session, and
WHEREAS, these young ladies, Mrs. Mildred Arnold, Mrs. Valeria Henry and Mrs. Doris Hicks, have cheerfully given their services through the facilities of the well-planned telephone center which has been pro vided by the Southern Bell Telephone and Telegraph Company;
NOW, THEREFORE BE IT RESOLVED, that these above named young ladies be extended the warmest thanks of this House for their prompt, efficient, and untiring efforts in providing the most helpful service and convenience.
BE IT FURTHER RESOLVED that a copy of this Resolution be given the Southern Bell Telephone and Telegraph Company and one each to the young ladies as a token of the appreciation of this House.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 666. By Messrs. Doster of Wilcox and Kelly of Jasper: A RESOLUTION
Creating a Traffic Laws Study Committee; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1797

WHEREAS, the needless loss of lives on the highways presents a problem of great magnitude and which concerns every citizen of this State; and

WHEREAS, it is imperative that the traffic laws be constantly studied in order that they be kept up to date;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Traffic Laws Study Committee to be composed of five members of the House, to be appointed by the Speaker, for the purpose of studying traffic laws and the administration thereof in this and other states. In order to more efficiently perform its duties the Committee is hereby authorized to employ clerical and technical assistance and fix the compensation there for. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative commit tees, but shall receive the same for not to exceed 20 days per member. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Committee shall seek to find ways to improve the traffic laws and reduce the number of deaths on the high ways. The Committee shall make a report of its findings and recom mendations on or before January 14, 1963, on which date the Committee shall stand abolished.

HR 678. By Messrs. Andrews of Hall and Fordham of Bulloch:
A RESOLUTION
Creating a committee to study the feasibility of having separate barber and beautician boards; and for other purposes.
WHEREAS, it is important to the citizens of this State that barbers and beauticians practicing on the citizens of this state should be duly qualified; and
WHEREAS, the proper means of assuring that these persons are so qualified is to have them submit themselves for examination before a board; and
WHEREAS, barbers and beautificans are somewhat dissimilar pro fessions so that it might be more feasible to submit them to different examining boards.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the feasibility of having separate boards for barbers and beauticians. The membership shall be limited to five members of the House which shall be chosen from the Hygiene and Sanitation Committee by the Speaker. The committee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legis lative committees. In order to more efficiently carry out its duties, the

1798

JOURNAL OP THE HOUSE,

committee is authorized to employ clerical help and fix the compensa tion therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General As sembly on or before January 14, 1963, on which date the committee shall stand abolished.

HR 679. By Mr. Kidd of Baldwin:
A RESOLUTION
Requesting the State Board of Education to increase the facilities for the education and training of mentally retarded children; and for other purposes.
WHEREAS, the State Board of Education has the authority to provide educational and training services for severely mentally retarded children; and
WHEREAS, the State Board of Education has the authority to establish, operate and maintain such facilities it deems necessary to provide educational and training services for mentally retarded children; and
WHEREAS, the Department of Education has made great strides in furnishing educational and training services for mentally retarded children; and
WHEREAS, there is a great need for expanded facilities for the mentally retarded children in the State of Georgia; and
WHEREAS, educational and training services for the mentally retarded encourages the mentally retarded to be more dependent on themselves.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Board of Education and the Unit Services of Exceptional Children, providing educational and training services for mentally retarded children, be commended for their efforts in providing the present educational and training services for severely mentally retarded children and this body does especially express to Dr. Mamie Jones, the Director of said Unit, their sincerest appreciation and gratitude.
BE IT FURTHER RESOLVED that the State Board of Education is hereby prevailed upon and seriously urged to establish and locate additional educational and training institutions for mentally retarded throughout the State of Georgia.
BE IT FURTHER RESOLVED that the various municipalities, counties and local school systems are hereby prevailed upon and urgently

MONDAY, FEBRUARY 12, 1962

1799

requested to make local funds available for the training of the mentally retarded children in their respective areas.

BE IT FURTHER RESOLVED that the State Board of Education provide as large a sum as possible from its general fund to carry out the purposes and the request set forth in this Resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appro priate copies of this Resolution to the State Superintendent of Schools, the Chairman of the State Board of Education and Dr. Mamie Jones.

HR 680. By Mr. Kidd of Baldwin:
A RESOLUTION
Requesting the Democratic Executive Committee of the State of Georgia to make a study and promulgate certain rules and regulations; and for other purposes.
WHEREAS, some states and counties of the United States, by and through the political party Executive Committee have adopted and pro mulgated rules and regulations governing and restricting the candidates relative to their campaigns; and
WHEREAS, in the past several years the expenses for conducting a campaign as a candidate in a primary has become almost restrictive; and
WHEREAS, candidates on many occasions, epecially those being supported by special interests, have unlimited funds in which to promote his campaign as a candidate; and
WHEREAS, some restrictions should be made by the political parties supervising the conducting of campaigns relative to the amount of expenditures and the funds spent in such campaigns.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that this body does urgently re quest the Democratic Executive Commitee of the State of Georgia to make a study and an investigation and to promulgate rules and regula tions that would restrict the campaigns and campaign expenses of candidates insofar as political rallies, radio time, television, time, news paper advertising, are concerned.
BE IT FURTHER RESOLVED that this body does respectfully request the Democratic Executive Committee to promulgate such other and regulations as would restrict the campaign expenses of candidates regardless of the funds that such candidate may have available.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized to transmit a copy of this Reso-

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JOURNAL OP THE HOUSE,

lution to His Excellency, the Governor and to the Chairman of the Democratic Executive Committee of Georgia.

HR 681. By Mr. Kidd of Baldwin:
A RESOLUTION
Authorizing the Governor to make funds available for the purpose of establishing research facilities to attract and encourage the establish ment of industries in the State of Georgia; and for other purposes.
WHEREAS, industrial facilities are constantly locating and ex panding in Georgia; and
WHEREAS, facilities should be established throughout the State in order that information relating to the natural resources, labor and other factors in particular parts of the State could be immediately avail able to industies interested in establishing in the State of Georgia; and
WHEREAS, the Industrial Development Branch of the Engineering Experiment Station of the Georgia Institute of Technology is doing a tremendous service to the State but does not have facilities or personnel to adequately carry out its functions;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that this body does hereby recom mend to the Budget Bureau that the sum of $750,000.00 be made avail able at the earliest possible date for the specific and sole use for allow ing the Industrial Development Branch to establish ten research fa cilities throughout the State of Georgia in order that competent and trained personnel can make evaluations and investigations relating to the industrial potential in the area where such facilities are located.
BE IT FURTHER RESOLVED that the information of said facili ties shall include, but not be limited to, the natural resources and labor available in the areas and that such facilities could furnish facts and information needed by industrial prospects that are interested in estab lishing in such areas.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized to deliver an appropriate copy of this Resolution to His Excellency, The Governor.

HR 682. By Messrs. Underwood of Montgomery, Smith of Grady, and others:
A RESOLUTION
Creating a committee to study oil, mineral and gas lease and other instruments; and for other purposes.

MONDAY, FEBRUARY 12, 1962

1801

WHEREAS, the deeds, leases and other instruments of this State have been confused by leases and deeds which have been given for oil, mineral or gas rights on the lands of this State, both public and private; and

WHEREAS, it is imperative that the members of this Body be come familiar with the problems which have emanated from the above mentioned instruments; and

WHEREAS, the situation is of such importance to the citizens of this State to warrant a thorough study of methods available to protect the public from losses arising from the confusion created by oil, mineral and gas leases and deeds;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the problems caused by oil, mineral and gas leases, deeds and other instruments and possible solutions to such problems. The committee is authorized to travel both within and without the State. The committee members shall receive the compensa tion, per diem, expenses and allowances authorized for members of in terim legislative committees. The Committee shall receive the above for not to exceed 20 days for each member. In order to more efficiently carry out its duties, the committee is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the committee shall stand abolished.

HR 683. By Mr. Sangster of Dooly:
A RESOLUTION
Creating an interim legislative committee to study matters relating to the retirement of employees of The Department of Public Safety; and for other purposes.
WHEREAS, a majority of the members and employees of The Georgia Department of Public Safety, particularly such members and employees thereof that are attached to the Uniform Division and the division commonly known as The Georgia Bureau of Investigation, are constantly subjected to extremely hazardous duties including the ap prehension of criminals and flagrant violators of the traffic laws of the State; and
WHEREAS, the members of said Department are only afforded the same retirement rights and benefits as other State employees; and
WHEREAS, many municipalities, counties and states in the United States have reduced the retirement age for peace officers, policemen, sheriffs and other law enforcement bodies.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legislative committee to be composed of five members of the House of Representa tives to be appointed by the Speaker. The committee shall have power and authority to evaluate the future needs of the State of Georgia re lating to The Department of Public Safety, to study the advisability and need of amending the provisions of the Employees' Retirement System of Georgia insofar as the same relates to the members and employees of The Department of Public Safety and to conduct and make investigations and studies relevant to the retirement benefits afforded members and employees of The Department of Public Safety. The com mittee shall be further authorized to confer with the officials of this State and of the other states upon any subjects relating to the subject matter of this Resolution and shall do such other things as may be necessary for the carrying out of the terms of this Resolution.

BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution shall have power and authority to meet and shall have ten (10) days each member for carrying out the purposes of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and allowances authorized for mem
bers of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a
report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Geor gia on or before January 15, 1963 and said committee shall stand abolished as of that date.

HR 684. By Mr. Fowler of Douglas:
A RESOLUTION
WHEREAS, the State of Georgia is entering into a period antici pated record-breaking activity in economic and industrial expansion, and
WHEREAS, such economic growth will be accompanied by an everincreasing demand for housing to accommodate the expanding popu lation, and
WHEREAS, private enterprise through the investment of private capital is recognized as the soundest and most satisfactory source of new home construction;
NOW, THEREFORE, BE IT RESOLVED by the Members of the House and the Senate of the General Assembly of Georgia that the Members of the Georgia Delegation in the Congress of the United States be requested to opposed any Federal legislation which would ad versely effect the flow of private capital into the home construction field in Georgia, or which would, in any manner, restrict or curtail the

MONDAY, FEBRUARY 12, 1962

1803

continued maximum production effort in housing and home construction which is so vitally important to social, industrial, and economic progress in this State;

BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted promply to each Member of the Georgia Delegation in the House of Representatives of the Congress of the United States and to Senator Herman E. Talmadge, and Senator Richard B. Russell.

HR 685. By Messrs. Chandler and Kidd of Baldwin:
A RESOLUTION
Requesting the College of Agriculture at the University of Georgia to make certain studies; and for other purposes.
WHEREAS, Georgia's climate is ideal for the growing of many agricultural products; and
WHEREAS, large quanities of the agricultural products produced in the State of Georgia are sent out of the State for processing; and
WHEREAS, there is a great need in the State of Georgia for more food processing plants;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the Board of Regents, the Officials of the University of Georgia and the Officials of the College of Agriculture at the University of Georgia are hereby urgently re quested to immediately put forth an exerted effort in making a study and survey of the food processing facilities, the use of agricultural products, and the use of agricultural by-products, and to make such other study of facts and circumstances relating to agricultural products that may be of interest to industries engaged in the processing of agricultural products.
BE IT FURTHER RESOLVED that all of the information learned from such study be consolidated, distributed to and be available to all those industries which are engaged in the processing of agricultural products and agricultural by-produtcs.
BE IT FURTHER RESOLVED that such information also be used for the purpose of encouraging new industries engaged in the processing of agricultural products to locate in Georgia.
HR 686. By Messrs. Kidd and Chandler of Baldwin and others:
A RESOLUTION
Creating an interim committee to study the employment situation in Georgia; and for other purposes.

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WHEREAS, there exists in the State of Georgia and throughout the entire nation serious conditions and problems relating to unemploy ment; and

WHEREAS, according to a recent survey, many Georgians are un employed notwithstanding the fact that some 14,700 jobs were unfilled in Georgia due to the lack of trained personnel to fill them; and

WHEREAS, according to the same survey there were 21,001 persons available, who could have been trained to fill said positions; and

WHEREAS, there will be an increasing need for trained industrial employees as Georgia becomes more industrialized.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legislative committee to be composed of five members of the House of Representa tives to be appointed by the Speaker. The Commitee shall be author ized and empowered to study the unemployment situation in this State; to make recommendations regarding the same; to study vocational and technical schools and the staffs and facilities of such schools. The com mittee shall be authorized to study all matters relating to unemploy ment and to make studies of laws relating to unemployment and the training of unemployed in this State or any other state where necessary.

BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution shall have ten (10) days each member for carrying out the purposes of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and al lowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia on or before January 15, 1963 and said committee shall stand abolished as of that date.

HR 687. By Mr. Williams of Hall:
A RESOLUTION
Authorizing the Speaker to take action to improve the public ad dress system in the House; and for other purposes.
WHEREAS, it is a despicable condition when one member sitting at one side of the House cannot understand the words spoken by a member on the podium or in any other part of the House because of the inadequacy of the public address system and the generally poor acoustics of the House Chamber; and

MONDAY, FEBRUARY 12, 1962

1805

WHEREAS, it is imperative to the work of the House of Repre sentatives that all members hear and understand what their cohorts expound and elaborate upon; and

WHEREAS, if this body is to continue producing progressive legis lation for this State the sorry conditions herein cited must be improved;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker be appointed as a commitee of one, or in his discretion he may appoint a committee consisting of mem bers of the House not to exceed five (5) in number to study the problem of acoustics in the House Chamber and how the same may be improved.

BE IT FURTHER RESOLVED that the Speaker or the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. In order to more efficiently carry out its duties the Speaker or committee is authorized to employ clerical help and fix the compensation therefor. Funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The Speaker or the appointed committee is hereby author ized after it has made its findings and has investigated the matter to take such steps as may be necessary for the improvement of the acoustics of the House Chamber. Such improvement shall be completed on or before the beginning of the 1963 Session of the General Assembly.

Mr. Raulerson of Echols moved that the House do now adjourn until tomorrow morning at 9:00 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

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Representative Hall, Atlanta, Georgia, Tuesday, February 13, 1962.

The House met purseuant to adjournment at 9:00 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Robert S. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia.
Eternal God, our Heavenly Father, we thank Thee for the power to think clearly, constructively, and courageously in the interest of those whom we serve.
We pray that every chosen servant in this assembly would acknowl edge Thee as Sovereign God, and in Thee would we put our trust. Thou knowest our needs, our fears. We ask Thee for strength and wisdom to meet our needs, overcome our fears, and do Thy will.
We thank Thee for the ability and the privilege of serving others. May our service be pleasing and acceptable in Thy Sight. May our conscience be clear as we stand in Thy presence.
Bless each of us according to our needs, and use us to honor and glorify Thy name. Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

TUESDAY, FEBRUARY 13, 1962

1807

5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 13, 1962, and submits the following:

1. HR

105. Ordinaries' Retirement Fund, Committee

2. HB

495. Public employees, prohibit strikes

3. HR 328- 716. Compensate Willie Mae Hunt Collins

4. HB

724. Board of Workmen's Compensation (reconsidered)

5. HB

761. Gross Income, define

6. HR 385- 793. Designate Lake Roanoke

7. HB

797. State Bar of Georgia

8. HB

826. Letters of Administration

9. HR 406- 831. Felony, maximum sentence

10. HB

835. Vehicle license, forest products

11. HB

861. Motor carriers for hire (reconsidered)

12. HB

862. Motor Contract Carriers, define

13. HR 417- 875. Governors to succeed themselves

14. HB

890. Life Imprisonment, under eighteen

15. HR 424- 891. Commercial Oil Well, payment

16. HB

911. Budget officer, Board of Education

17. HB

914. Minimum Foundation, Uniform (reconsidered)

18. HR 450- 916. School Bus Drivers, Committee

19. HB

930. Employees' Retirement, amend (p.p)

20. HB

933. Certain language over telephone, prohibit (p.p.)

21. HR 473- 935. Death sentence, amend (p.p)

22. HB

936. Certain machinery, credit against income tax

23. HB

945. Telephone facilities, illegal purpose (p.p.)

24. HB

946. Sale of animal remedies

25. HR 479- 950. Reapportion Senate

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JOURNAL OF THE HOUSE,

26. HB

974. Sale of obscene pictures

27. HR 501- 981. Government, certain business

28. HR 509- 981. Public Schools, course in Americanism

29. HB

996. Land registration, examiners

30. HB 1037. Abandonment, define

31. HB 1038. Define vagrancy, punishment

32. HB 1039. Confinement in prison

33. HB 1040. Drunkenness, define (p.p.)

34. HB 1050. Insurance, Auto liability

35. HB 1062. Equitable Proceedings

36. HB 1063. Land registration, publication

37. HB 1071. Clerks Superior Courts, duties

38. HB 1077. Motorboats, ad valorem taxation (p.p)

39. HB 1080. Municipalities, certain powers

40. HB 1090. Invest in obligations, insurers

41. HB 1099. Cross-action, trial

42. HR 575-1110. County to levy tax

43. HB 1116. Proceedings prior to arrest (p.p)

44. HB 1121. Retirement System, credits

45. HR 583-1126. Transfer land, Hart, Stephens

46. HR 588-1131. Black Rock State Park

47. HB 1165. Fishing license, salt water

48. HR 628-1182. School lunch, levy tax

49. HB 1194. Highway Authority Act, amount of bonds

50. HB 1203. Intangible property, taxable situs

51. HB 1214. Minimum Foundation Program, additional funds

52. HR 644-1217. Budgetary Committee, create

53. HB

678. Retirement System, amend

54. HB 1068. Salaries, school teachers, bus drivers

55. HB

971. Teachers Retirement (consider unfavorable report)

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
/s/ Twitty of Mitchell, Vice-Chairman /a/ Undercofler of Sumter, Secretary

TUESDAY, FEBRUARY 13, 1962

1809

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1236. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend the Charter of the Town of Fort Oglethorpe, so as to enlarge the corporate limits; and for other purposes.

HB 1237. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend the Charter of the Town of Fort Oglethorpe, so as to enlarge the corporate limits; and for other purposes.

HB 1238. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating and incorporating the Town of Fort Oglethorpe in the counties of Walker and Catoosa; and for other purposes.

HB 1239. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating and incorporating the Town of Fort Oglethorpe, so as to change the provisions relating to the election of Mayor and Alderman; and for other purposes.

HB 1240. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to provide for the appointment of a County Depository for Paulding County; and for other purposes.

HB 1241. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to abolish the office of County Treasurer of Paulding County; and for other purposes.

HB 1242. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Coroner of Paulding County; and for other purposes.

HR 658-1242. By Mr. Moss of Gordon:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to issue certain revenue anticipation obliga tions known as revenue bonds; and for other purposes.

1810

JOURNAL OF THE HOUSE,

HR 659-1242. By Mr. Moss of Gordon:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of in dustries in said county; and for other purposes.

HR 660-1242. By Mr. Taylor of Dawson:
A Resolution proposing an amendment to the Constitution so as to create the Dawson County Industrial Building Authority; and for other purposes.

HB 1243. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to create in certain counties a Tax Collection Study Commission to study the collection and assessment of State and County taxes and municipal taxes of cities lying wholly in such counties; and for other purposes.

HB 1244. By Messrs. Mackay, Rutland and Howard of DeKalb:
A Bill to be entitled an Act to amend an Act providing for election precincts in certain counties; and for other purposes.

HB 1245. By Messrs. Rutland, Howard and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act repealing the Juvenile Court Act and establishing Juvenile Courts in certain counties; and for other purposes.
HB 1246. By Messrs. Brooks, McClelland and Smith of Fulton, Howard, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to the Municipal Revenue Collector; and for other purposes.
HB 1247. By Mr. Brooks of Fulton: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for retirement, if disabled after 20 years service; and for other purposes.

HB 1248. By Mr. Massee of Pulaski:
A Bill to be entitled an Act to amend an Act authorizing the State Board of Health to make and promulgate reasonable rules and regulations for

TUESDAY, FEBRUARY 13, 1962

1811

the protection of the health and lives of inmates and patients of hos pitals, so as to except dental hospitals; and for other purposes.

HB 1249. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide that no minor shall be placed in any private institution in Rockdale County without the consent of the Judge of the Juvenile Court of said County; and for other purposes.

HB 1250. By Messrs. Mackay, Howard and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County; and for other purposes.
HB 1251. By Messrs. Harrell of Payette and Steis of Harris: A Bill to be entitled an Act to amend the Georgia Civil Defense Act, so as to provide for emergency interim successors to certain state and local officers; and for other purposes.
HB 1252. By Messrs. Harrell of Fayette and Steis of Harris: A Bill to be entitled an Act to amend the Georgia Civil Defense Act, so as to provide for the convening of the General Assembly and the sus pension of their rules following an emergency; and for other purposes.
HB 1253. By Messrs. Harrell of Fayette and Steis of Harris: A Bill to be entitled an Act to amend the Georgia Civil Defense Act, so as to provide for emergency relocation or relocations of the seat of State government; and for other purposes.
HB 1254. By Messrs. Birdsong and Ware of Troup: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of West Point, so as to authorize the sale of certain property; and for other purposes.
HR 661-1254. By Messrs. McCracken of Jefferson, Underwood of Montgomery and Willingham of Cobb: A Resolution amending a Resolution creating the Election Laws Study Committee, so as to remove the provisions relating to time; and for other purposes.
HR 662-1254. By Mr. Coker of Walker: A Resolution to compensate Mr. Robin H. Hill; and for other purposes.

1812

JOURNAL OP THE HOUSE,

HB 1255. By Mr. Miller of Elbert:
A Bill to be entitled an Act placing the Clerk of the Superior Court of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.

HB 1256. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners for the County of Elbert, so as to provide for a change in the number of Commissioner districts and to redefine the number remaining; and for other purposes.

HB 1257. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the sheriff of Elbert County from the fee system to the salary system; and for other purposes.

HB 1258. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to provide for the registration of voters; and for other purposes.

HB 1259. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said City; and for other purposes.

HB 1260. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, relating to box ball or bowling alleys; and for other purposes.

HB 1261. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the boundary of the first and second wards of said City; and for other purposes.

HB 1262. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1813

HB 1263. By Messrs. Simmons of Banks and Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating a new Charter for the Town of Maysville; and for other purposes.

HB 1264. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to delete the certain provisions relating to the members of the school board succeeding themselves; and for other purposes.

HB 1265. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Milledgeville, so as to empower said City to charge a license upon all insurance brokers; and for other purposes.

HB 1266. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said City; and for other purposes.
HB 1267. By Mr. Pannell of Murray: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Chatsworth, so as to close a certain portion of an alley in said City; and for other purposes.

HB 1268. By Messrs. Hull, Fleming, and Fuqua of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Au gusta, so as to provide that the Mayor and Council shall have the power and authority to grant to the Barringer Corporation the right to erect an overhead passageway across Ellis Street between Albion Avenue and Eighth Street; and for other purposes.
HB 1269. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Au gusta, so as to create a Board of Civil Service Commission; and for other purposes.

HB 1270. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill to be entitled an Act carrying into effect the Constitutional Amendment reported in Georgia Laws 1956, empowering the General Assembly of Georgia to consolidate and combine the Richmond County and the City Council of Augusta Tax Assessors, and for other purposes.

1814

JOURNAL OP THE HOUSE,

HB 1271. By Mr. Smith af Grady:
A Bill to be entitled an Act providing that the ordinary of any county may by written order divide or redivide the county into election districts of compact and continguous territory and that the Ordinary may there after change such election districts; and for other purposes.

HB 1272. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Early County; and for other purposes.

HB 1273. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to amend an Act to provide and establish a new Charter for the City of Reynolds; and for other purposes.

HB 1274. By Mr. Moore of Polk:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General emeritus and the Solicitors-General Retirement Fund of Georgia, so as to provide credit for services in the Armed Forces of the United States during named National emergencies; and for other purposes.

HB 1275. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to create the Washington Wilkes Payroll Development Authority; and for other purposes.

HR 663-1275. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to create the Rockdale County Industrial Building Authority; and for other purposes.

HB 1276. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to change the corporate limits; and for other purposes.

HB 1277. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to land lots; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1815

HB 1278. By Mr. Fitzgerald of Long:
A Bill to be entitled an Act to provide that it shall be unlawful to fish on the Sabbath in certain counties; and for other purposes.

HR 664-1278. By Mr. Smith of Habersham:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing non-profit housing for elderly persons; and for other purposes.

HB 1279. By Messrs. Dicus, Wickham and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act relating to ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus; and for other purposes.

HR 665-1279. By Messrs. Williams and Andrews of Hall: A Resolution compensating W. L. West, Sr.; and for other purposes.
HB 1280. By Mr. Kidd of Baldwin: A Bill to be entitled an Act to amend an Act relating to the Attorney General and the State Department of Law, so as to authorize the Attor ney General to issue a certificate of approval to all law schools not accredited by the American Bar Association; and for other purposes.
HB 1281. By Mr. Akins of Union: A Bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of courts of Ordinary, so as to provide that the Clerk of the Superior Court shall attend the Court of Ordinary in all cases for violation of traffic laws in certain counties; and for other purposes.
HR 667-1281. By Mr. Stuckey of Dodge: A Resolution proposing an amendment to the Constitution so as to authorize the governing body of Dodge County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the Dodge County Development Authority; and for other purposes.
HR 668-1281. By Messrs. Mackay, Rutland and McClelland of Fulton: A Resolution creating the Metropolitan Atlanta Transit Study Commis sion; and for other purposes.

1816

JOURNAL OF THE HOUSE,

HR 669-1281. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Resolution proposing an amendment to the Constitution so as to provide for the General Assembly to prescribe the number of members of the DeKalb County Board of Education and the method of electing said members; and for other purposes.

SR 142. By Senator Towson of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to abolish Justice Courts and the offices of Justices of the Peace and Notary Public ex-officio Justices of the Peace in Laurens County; and for other purposes.
SR 144. By Senators Ingram of the 42nd and Perry of the 49th:
A Resolution proposing an amendment to the Constitution of Georgia to authorize each county municipality, political subdivision or county Board of Education to make loans; and for other purposes.
SB 249. By Senator Ingram of the 42nd:
A Bill to be entitled an Act to amend an Act creating a Board of Edu cation of the State approved Feb. 10, 1937, so as to provide the Board with authority to create a driver education program; and for other purposes.
SB 266. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that it shall be unlawful to enter, go upon or cross certain highways, except at certain designated points; and for other purposes.
SB 268. By Senators Hart of the 53rd, Miller of the 40th and Raynor of the 4th:
A Bill to be entitled an Act to amend the "Georgia Water Quality Con trol Act", approved March 13, 1957 (Ga. Laws 1957, p. 629), so as to give certain powers to the director of the State Game and Fish Com mission; and for other purposes.

SB 271. By Senators Hart of the 53rd and Perry of the 49th:
A Bill to be entitled an Act known as the "Georgia Agricultural Com modities Promotion Act", so as to change the provisions providing for the termination of marketing orders and marketing agreements and procedures connected therewith; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1817

SB 139. By Senator Johnson of the 46th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish; and for other purposes.

SR 150. By Senators Ayers of the 31st, Harrington of the 20th, Braly of the 38th and Waters of the 41st:
A Resolution creating a Committee to study the Health Code; and for other purposes.

SB 256. By Senator Braly of the 38th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to provide for a waiver of benefits relative to certain heart conditions; and for other purposes.

SB 270. By Senator Mathews of the 38th:
A Bill to be entitled an Act providing fair trade practices for agents and agencies handling the sale and distribution of daily newspapers; repealing all laws in conflict herewith; and for other purposes.

SB 273. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act approved September 16, 1891, entitled "An Act to incorporate the City of Hapeville, Georgia, and for other purposes," so as to extend the city limits of City; to give city jurisdiction beyond corporate limits for police, sanitary; and for other purposes.

SB 274. By Senator Brown of the 52nd: A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville, Georgia, and for other purposes," so as to extend the city limits, give city jurisdiction beyond corporate limits for police, sanitary; and for other purposes.
SB 275. By Senator Brown of the 52nd: A Bill to be entitled an Act to amend an Act authorizing emeritus offices for department heads in counties having population of more than 500,000 or more than 500,000 persons; and for other purposes.
SB 276. By Senator Gardner of the 47th: A Bill to be entitled an Act creating a small claims court in certain counties in this State, so as to provide for one or more bailiffs of and for said small claims courts; and for other purposes.

1818

JOURNAL OF THE HOUSE,

SB 278. By Senator Johnson of the 46th:
A Bill to be entitled an Act to prohibit picketing, demonstrating, or other riotous conduct on, around, or adjacent to State property, to pro vide procedures connected with the same; and for other purposes.

SB 279. By Senator White of the 39th:
A Bill to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary basis in lieu of fees, so as to change the amount of the compensation; and for other purposes.

SB 280. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to abolish the City Court of Lexington; and for other purposes.

SR 132. By Senator Knox of the 54th: A Resolution proposing an amendment to the Constitution so as to provide that no change shall be made in the term of office of county officials, nor the compensation system changed or compensation de creased during the term of office for which elected; and for other purposes.
SR 146. By Senator McWhorter of the 34th: A Resolution proposing an amendment to the Constitution so as to create the Oglethorpe Development Authority; and for other purposes.
SR 148. By Senator Whisnant of the 25th: A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal; and for other purposes.
SB 241. By Senator Ingram of the 42nd: A Bill to be entitled an Act creating the Department of Public Safety, so as to provide that no operator's or chauffeur's license shall be issued to anyone under 18 years old unless they have completed the driver school course offered by the public school system or recognized agency of the State; and for other purposes.
SB 261. By Senator Hart of the 53rd: A Bill to be entitled an Act to provide that no Bill or Resolution chang ing the compensation of State Officials or employees shall be read the

TUESDAY, FEBRUARY 13, 1962

1819

third time in either branch of the General Assembly until each member of such branch shall have been furnished certain information; and for other purposes.

SB 277. By Senator Johnson of the 46th:
A Bill to be entitled an Act to amend an Act effecting a complete re vision of the Laws of this State relating to the qualification and regis tration of voters, so as to provide for a registration fee; and for other purposes.

SB 281. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Roswell, so as to change the corporate limits of said City; and for other purposes.

SB 282. By Senators Bell of the 10th, Dykes of the 14th, and others:
A Bill to be entitled an Act to amend an Act revising laws relating to the State Board of Corrections, as amended; and for other purposes.
The following Interim Committee report was received:
REPORT OF THE INTERIM COMMITTEE CREATED BY HOUSE RESOLUTION WHICH WAS CREATED FOR THE PURPOSE OF STUDYING CERTAIN ALLEGATIONS OF BAD FAITH BY LIABILITY INSURANCE COMPANIES,
AND FOR OTHER PURPOSES.
This Committee has held numerous meetings, both public and pri vate, and has heard from a large number of witnesses, including mem bers of the Bar of Georgia, members of the General Assembly, the State Insurance Commissioner and his associates, and many private citizens of this State, the substantial majority of whom testified to the fact that many of the claims of citizens of this State in reference to injury and property damage made against certain liability insurance com panies are not being properly dispatched and in good faith negotiated by said liability insurance companies. This Committee does not desire to name any of the companies involved, although practically all com plaints were directed against two automobile liability insurance com panies doing business in this State.
This Committee recommends very strongly that the Insurance Com missioner of this State maintain a closer contact and closer supervision and give more study to the various complaints being filed by said citizens against said automobile liability insurance companies in reference to the failure of said companies to properly and promptly dispatch and in good faith negotiate said claims.

1820

JOURNAL OF THE HOUSE,

This Committee further recommends that a closer supervision be maintained over the various insurance adjusters doing business in this State and the manner in which they handle and negotiate said claims.

This Committee finds from a study of all evidence presented to it that there are instances involving certain liability insurance companies where denial of liability is made for the sole and only purpose of delay, resulting in an ultimate settlement for less money than the claim de serves because of said delay.

This Committee finds further that in the Superior Courts and various other Constitutional Courts of Georgia there have been filed numerous lawsuits as a result of said delay which have, in turn, placed a great financial burden on the taxpayers of the State of Georgia.
This Committee recommends to the 1963 Session of the General Assembly of Georgia that proper legislation be enacted to regulate the activities of insurance adjusters in Georgia in regard to the settlement of claims of third parties and to place certain qualifications on insur ance adjusters to do business in the confines of the State of Georgia.
This Committee further recommends that the 1963 Session of the General Assembly of Georgia enact legislation to provide for penalties against liability insurance companies, not otherwise presently provided by law, where it is shown that said insurance companies are guilty of bad faith in the negotiation of personal injury and property damage claims made by third parties and where, as a result of said bad faith, unnecessary litigation is forced upon the third party to pursue its claim to final settlement.
This Committee has met from time to time for the purposes set forth in the Resolution creating the Committee and, although authorized by the Legislature to receive pay and per diem for five days, this Com mittee has met and no vouchers have been presented, nor will be pre sented, to the Treasurer of this State for the services of this Commit tee; therefore, this Committee has functioned throughout its existence without any expense to the State of Georgia.
Wilson Brooks, Chairman, Fulton County
Robert (Bob) Andrews, Vice Chairman, Hall County
J. Taylor Phillips, Secretary, Bibb County
Harold G. Clarke Monroe County
Charles M. Jones Liberty County

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker: Your Committee on Appropriations has had under consideration the follow-

TUESDAY, FEBRUARY 13, 1962

1821

ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 511- 985. Do Pass. HR 637-1192. Do Pass, as Amended. HR 480- 950. Do Pass. HR 526- 999. Do Pass. HR 657-1233. Do Pass. HR 270- 704. Do Pass, as Amended. HR 481- 957. Do Pass. HR 514- 989. Do Pass, as Amended.
Respectfully submitted, Smith of Grady, Chairman.

Mr. Steis of Harris County, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1177. Do Pass.
Respectfully submitted, Steis of Harris, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1271. Do Pass.
HB 1274. Do Pass.

1822

JOURNAL OF THE HOUSE,

HB 1221. Do Pass. SB 199. Do Pass, by Committee Substitute.
Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local 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 House with the following recommendations:

HB

660. Do Pass.

HB

760. Do Pass.

HB 1084. Do Pass.

HB 1208. Do Pass.

HB 1209. Do Pass.

HB 1210. Do Pass.

HB 1213. Do Pass.

HB 1216. Do Pass.

HB 1217. Do Pass.

HB 1218. Do Pass.

HB 1219. Do Pass.

HB 1220. Do Pass.

HB 1222. Do Pass.

HB 1223. Do Pass.

HB 1224. Do Pass.

HB 1225. Do Pass.

HB 1226. Do Pass.

HB 1227. Do Pass.

HB 1229. Do Pass.

HB 1230. Do Pass.

HB 1231. Do Pass.

HB 1232. Do Pass.

HB 1160. Do Pass,

TUESDAY, FEBRUARY 13, 1962

1823

HB 1162. Do Pass, as Amended.

HB

203. Do Pass, as Amended.

HB 1233. Do Pass, by Substitute.

HB 1277. Do Pass.

HB 1276. Do Pass.

HR 643-1213. Do Pass.

HR 645-1217. Do Pass.

HR 646-1217. Do Pass.

Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 224. Do Pass.

HB 242. Do Not Pass.

Respectfully submitted, Barrett of Cherokee, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Reso lution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:

HR 661-1254. Do Pass.

Respectfully submitted,

Twitty of Mitchell, Vice-Chairman.

1824

JOURNAL OP THE HOUSE,

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 641-1205. Do Pass.

HB 1215. Do Pass.

HR 647-1221. Do Pass.

HR 655-1231. Do Pass.

Respectfully submitted,

Bolton of Spalding,

Chairman.

Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 574-1109. Do Pass, by Substitute. Respectfully submitted, Cox of Clarke, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

SB

278. Do Pass.

SB

183. Do Pass.

SB

259. Do Pass.

HR 631-1191. Do Pass.

TUESDAY, FEBRUARY 13, 1962

1825

HR 642-1213. Do Pass.

HB 1251. Do Pass.

HB 1252. Do Pass.

HB 1253. Do Pass.

SB

225. Do Pass.

SB

176. Do Pass.

SB

235. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 639-1203. Do Pass. Respectfully submitted, Matthews of Clarke, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 458. By Messrs. McClelland, Brooks, and Smith of Fulton; Rutland and Mackay of DeKalb:
A Bill to provide that when any member or former member of the General Assembly has been or shall be employed by any political sub division or agency of the State of Georgia or elected to an office therein, where there is a pension plan applicable to such employment of office, he shall receive credit for time served as a member of the General Assembly; and for other purposes.

1826

JOURNAL OF THE HOUSE,

HB 745. By Messrs. Twitty of Mitchell and Smith of Emanuel: A Bill to provide that the State of Georgia shall be a party to the "Southern Interstate Nuclear Compact"; and for other purposes.

HB 917. By Mr. Taylor of Bibb:
A Bill making it unlawful for any carrier or shipper of property or any person or association of persons to pay or agree to pay for the benefit of a labor organization certain charges; and for other purposes.

HR 494-968. By Messrs. Jones and Undercofler of Sumter:
A Resolution authorizing the transfer of certain real property located in Americus, Sumter County; and for other purposes.

HR 551-1067. By Messrs. Fuqua of Richmond, Melton of Spalding and Stuckey of Dodge: A Resolution creating a Committee relative to the Construction of a new Governor's Mansion; and for other purposes.
HR 363-763. By Messrs. Brooks, McClelland and M. Smith of Fulton: A Resolution proposing an amendment to the Constitution so as to authorize the issuance of Revenue Anticipation Certificates; and for other purposes.

HR 423-888. By Messrs. Greene and Crowe of Bartow:
A Resolution proposing an amendment to the Constitution so as to create the Cartersville Development Authority; and for other purposes.

HR 530-1024. By Mr. Wells of Oconee:
A Resolution proposing an amendment to the Constitution so as to create the Oconee County Industrial Development Authority; and for other purposes.

HR 531-1024. By Senator Purcell of Franklin:
A Resolution proposing an amendment to the Constitution so as to create the Franklin County Industrial Building Authority; and for other purposes.

HR 532-1024. By Mr. Andrews of Stephens:
A Resolution proposing an amendment to the Constitution so as to create the Stephens County Development Authority; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1827

HR 533-1024. By Mr. Johnson of Jenkins:
A Resolution proposing an amendment to the Constitution so as to create the Jenkins County Development Authority; and for other purposes.

HR 535-1032. By Mr. Lokey of McDuffie:
A Resolution proposing an amendment to the Constitution so as to create the Thomson and McDuffie County Development Authority; and for other purposes.

HR 537-1034. By Messrs. Pickard, Wickham and Dicus of Muscogee:
A Resolution proposing an amendment to the Constitution so as to authorize Muscogee County to issue certain revenue anticipation obliga tions known as revenue bonds; and for other purposes.

HR 540-1040. By Messrs. Milhollin and Williams of Coffee: A Resolution proposing an amendment to the Constitution so as to create the Coffee County Recreational Authority; and for other pur poses.
HR 542-1049. By Messrs. Thornton, Phillips and Taylor of Bibb: A Resolution proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and the City of Macon to make certain appropriations through the Macon-Bibb County Industrial Authority so as to encourage the location of indus trial facilities; and for other purposes.
HR 543-1049. By Messrs. Phillips, Thornton and Taylor of Bibb: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets and related installations, both within and with out the corporate limits; and for other purposes.
HR 550-1065. By Messrs. Moore and Adams of Polk: A Resolution proposing an amendment to the Constitution so as to create the Cedartown Development Authority; and for other purposes.
HR 559-1072. By Mr. White of Mclntosh: A Resolution proposing an amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to

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close streets, roads, alleys and sidewalks in said City; and for other purposes.

HR 565-1101. By Mr. Clark of Catoosa:
A Resolution proposing an amendment to the Constitution so as to provide for sewage districts for the County of Catoosa; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolution of the House to wit:
HB 951. By Mr. Ross of Lincoln: A Bill to amend an Act providing compensation for the Treasurer of Lincoln County; and for other purposes.
HB 957. By Mr. Joiner of Washington: A Bill to amend an Act creating a new charter for the City of Tennille so as to change the corporate limits of the City of Tennille; and for other purposes.
HB 1019. By Mr. Rogers of Paulding: A Bill to create the office of Commissioner of Roads and Revenue for Paulding County; and for other purposes.
HB 1117. By Mr. Davis of Wayne: A Bill to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Wayne County; and for other purposes.
HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke: A Bill to amend an Act, so as to provide for final settlements of doubt ful and disputed claims, subject to approval of the State Board of Workmen's Compensation; to define further "injury" and "Personal injury"; and for other purposes.

HR 516-995. By Messrs. Crawford, Dickey and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts in Chatham County; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1829

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate insists on its position on the following Bill of the House and respectfully ask that a Committee of Conference be appointed:

HB 882. By Mr. Caldwell of Upson:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for the redefinition of a lienholder; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate: Senators: Staples of the 37th, White of the 39th and Conger of the 8th.

The Senate has passed by the requisite constitutional majority the following Bills and Resolution of the Senate to wit:

SB 285. By Senator Brown of the 52nd:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.

SB 286. By Senator Ingram of the 42nd:
A Bill to amend an Act incorporating the Town of White, in the County of Bartow; to define the corporate limits; and for other pur poses.

SB 287. By Senator Harden of the 27th:
A Bill to amend an Act creating the Charter for the City of Braselton so as to remove from the city limits all property owned by Jackson County Board of Education upon which is situated the Jackson County High School, to repeal conflicting laws; and for other purposes.

SB 288. By Senator Harden of the 27th:
A Bill to amend an Act creating the Charter for the City of Hoschton so as to remove from the city limits all property owned by Jackson County Board of Education upon which is situated the Jackson County High School; to repeal conflicting laws; and for other purposes.

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SB 283. By Senator Overby of the 33rd:
A Bill to amend an Act known as the "Urban Redevelopment Law", ap proved March 3, 1955, (Ga. Laws 1955, p. 354), as amended, so as to provide that municipalities may exchange land owned in Urban Re development Areas for certain land owned by certain organizations; and for other purposes.

SR 157. By Senator Sanders of the 18th:
A Resolution requesting the Institute of Law and Government of the School of Law and the Center for Continuing Education of the Uni versity of Georgia to conduct the Third Institute for Georgia Legisla tors, providing for the formation of a Program Committee; and for other purposes.

The Senate has adopted the following Resolution of the Senate to wit:

SR 155. By Senator Sanders of the 18th:
A Resolution expressing regrets at the passing of Honorable James T. Plunkett; and for other purposes.

Mr. Bolton of Spalding asked unanimous consent, that the House reconsider its action in failing to give the following Bill of the House the requisite consti tutional majority:

HB 1081. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to provide an alternative method for annex ing territory to the municipalities of this State by action of the munici pal governing bodies upon written request of 10% of the property owners in the affected areas; and for other purposes.

The consent, was granted and HB 1081 was placed on the General Calendar.

Mr. Taylor of Bibb asked unanimous consent, that the House reconsider its action in failing to give the following Bill of the House the requisite con stitutional majority:

HB 860. By Messrs. Taylor and Thornton of Bibb, Knight of Berrien, Baughman of Early, Flexer of Glynn and Mullis of Bleckley and others:
A Bill to be entitled an Act to create the Georgia Board of Floral Designers; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1831

The consent was granted and HB 860 was placed on the General Calendar.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto.

HB 951. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act providing compensation for the Treasurer of Lincoln County; and for other purposes.

The following Senate amendment was read:
Senator Clary of the 29th moves to amend HB 951 as follows:
By striking from Section 1 the words and figures "Seven Hun dred and Twenty ($720.00) Dollars", and inserting in lieu thereof the words and figures "Nine Hundred ($900.00) Dollars".

Mr. Ross of Lincoln moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 951 was agreed to.

HB 957. By Mr. Joiner of Washington: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Tennille so as to change the corporate limits of the City of Tennille; and for other purposes.
The following Senate amendment was read:
Senator Harrington of the 20th moves to amend HB 957 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Not less than 20 nor more than 30 days after the date of the approval of this Act, by the Governor, or after it other wise becomes law, it shall be the duty of the Clerk of the City of Tennille to issue the call for an election for the purpose of sub stituting this Act to the registered voters within the present cor porate limits of the City for approval or rejection. The Clerk shall

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set the date of such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The Clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Washington County. The ballot shall have written or printed thereon, the words 'For approval of the Act changing the corporate limits of the City of Tennille' and 'Against approval of the Act changing the corporate limits of the City of Tennille.' "

All persons desiring to vote in favor of the Act shall vote for ap proval and those persons desiring to vote for rejection of the Act shall vote against approval.
After the Clerk sets the date for the election in the City it shall be the duty of the Ordinary to immediately issue the call for an elec tion for the purpose of submitting this Act to the registered voters of the area proposed to be annexed to the City. The Ordinary shall set the date of such election for the same day as the day set by the Clerk. The Ordinary shall cause the date and purpose of the election to be published once a week for two .weeks immediately preceding the date thereof in the official organ of Washington County. The ballot shall have written or printed thereon, "For approval of the Act changing the corporate limits of the City of Tennille" and "Against approval of the Act changing the corporate limits of the City of Tennille."
All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval.
It shall be the duty of the Clerk to hold and conduct the election within the City. He shall hold such election under the same laws, rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the Clerk to canvass the returns and declare and certify the result of the election in the City. It shall be the duty of the Ordinary to hold and conduct the election in the area pro posed to be annexed. He shall hold such election under the same laws and rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election in the area proposed to be annexed. If a majority of the votes in each of the afore said elections are for approval of the Act it shall become of full force and effect. If less than a majority of the votes cast in either of the aforesaid elections are for approval of the Act, it shall be void and of no force and effect. The Ordinary shall keep a list of expenses incurred by him in holding the election in the area proposed to be annexed, and it shall be the duty of the City of Tennille to reimburse him for such expenses. The expenses of the election in the City shall likewise be borne by the City of Tennille. The Ordinary shall certify the results of the election in the area proposed to be annexed to the Clerk and the Clerk in turn shall certify the results of the election within the City and the election in the area proposed to be annexed to the Secretary of State."
Mr. Joiner of Washington moved that the House agree to the Senate amendment.

TUESDAY, FEBRUARY 13, 1962

1833

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 957 was agreed to.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1213. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park by extending the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HR 643-1213. By Mr. Keadle of Lamar:
A Resolution authorizing and directing the State Librarian to fur nish certain law books to the Ordinary of Lamar County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1216. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to study of causes, effects, rehabilitation and treatment facilities for alcoholics; and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 660. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of Police Departments in certain cities, so as to provide additional pension benefits for all members of the police department of such cities who have served in excess of 30 years at the time of retirement; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 760. By Messrs. Brooks, M. Smith and McClelland of Fulton: A Bill to be entitled an Act establishing a new charter for the City of Atlanta relating to the qualifications of the Mayor; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1193. By Messrs. Smith and Boyett of Whitfield, Pannell of Murray, Crowe and Greene of Bartow: A Bill to be entitled an Act to provide for the appointment of an Assistant Solicitor-General in Judicial Circuits in certain counties; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1835

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1208. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the Charter of the City of Rossville, so as to change the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1209. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1210. By Messrs. Coker and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the Charter of the City of Rossville; and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1220. By Messrs. Howard, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to create and establish in DeKalb County, Georgia, districts from which the members of the County Board of Education of DeKalb County shall be elected; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1217. By Messrs. Brooks, Smith and McClelland of Fulton: A Bill to amend an Act establishing a new Charter for the City of College Park, approved December 16, 1895; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1084. By Messrs. Brooks, Smith and McClelland of Fulton: A Bill to be entitled an Act to fix the salary of Judges of Juvenile Courts in counties of Georgia having a certain population; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 13, 1962

1837

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1218. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating a joint-City-County Board of Tax Assessors in certain counties, so as to fix the salaries of the members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1219. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of the County of DeKalb; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1222. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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JOURNAL OF THE HOUSE,

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

HB 1223. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1224. By Mr. NeSmith of Meriwether: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to follow the governing authority of said city to provide group or other insurance for the benefit of its employees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1225. By Mr. McGarity of Henry: A Bill to be entitled an Act to grant a Charter to the City of Swan Lake, by incorporating the same as a municipality; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 13, 1962

1839

HB 1226. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, by reducing the city limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1227. By Mr. Smith of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to extend the city limits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1229. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

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JOURNAL OF THE HOUSE,

HB 1230. By Messrs. Brooks, McClelland and Smith of Pulton:
A Bill to be entitled an Act entitled "An Act to establish the Criminal Court of Atlanta, so as to adjust and fix the salaries of the Judges and the Solicitor-General of the Criminal Court of Fulton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1231. By Messrs. Brooks, McClelland and Smith of Fulton: A Bill to be entitled an Act to amend an Act relating to the abolition of justice courts and the office of Justice of the Peace and of notary public ex officio justice of the peace, in certain counties.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1232. By Mr. NeSmith of Meriwether: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 13, 1962

1841

HB 1160. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County . . . and for other purposes" approved February 2, 1945 (Ga. Laws 1945, Pages 528538) and the several Acts amendatory thereof by providing an alternate pension plan for teachers and employees of the Board of Education of Fulton County now in service who may elect to accept the increased benefits and increased deductions under such alternate plan and for all teachers and employees who may hereafter enter the service of the Board of Education of Fulton County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by authority of the same that the Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County . . . and for other purposes" approved February 2, 1945 (Ga. Laws 1945, Pages 528-538) and the several acts amendatory there of, be further amended as follows:
SECTION 1
The pension benefits provided by this section and the several sub sections thereof shall be in lieu of like pension benefits provided by exist ing provisions of this Act.
(a) Any teacher or employee eligible for a pension under this Act, who is in the service of the Board of Education of Fulton County prior to the effective date of this amendment, may elect to come under the provisions of this amendment by making written application to the pen sion board. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act; as amended. All such teachers and em ployees in the service of said Board of Education on the effective date of this Act, who do not in writing agree to accept the benefits and obli gations of this amendment, shall have their rights and obligations determined under the law as it existed prior to this amendment. Teachers and employees coming into the service of said Board of Education on or after the effective date of this amendment shall have their benefits and obligations fixed by the provisions of this amendment in lieu of the provisions of this Act as same existed prior to this amendment.
(b) Any teacher or employee who shall elect to come under the

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terms of this amendment, must attain the age of sixty (60) years and
shall have served 25 years, before being eligible to retire and receive the benefits, as provided by this amendment; provided, however, that any teacher or employee who has served twenty-five (25) years and who has attained the age of fifty-five (55) years may elect to retire on a reduced pension, said reduction to be one-twelfth (1/12) of two percent (2%) per month for each month the teacher or employee lacks in being sixty (60) years of age; provided, further, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of total and permanent disability.

(c) When any teacher or employee coming under the provisions of this amendment shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to two percent (2%) of his monthly earnings up to and including $300.00 and one-and one-half percent (1-%%) of his monthly earnings in excess of $300.00, multiplied by his years of creditable service. Monthly earnings shall be the average of the highest five (5) years' salary during the term of employment.

(d) In no event shall the total pension benefits payable under this amendment, plus any social security benefits that may inure to such person by reason of his employment by the Board of Education of Fulton County, exceed seventy-five (75%) percent of the average monthly salary used in computing the benefits under the terms of this amendment. No department head of said board of education shall be eligible for benefits under this amendment unless he shall waive in writing any emeritus salary to which he may be legally entitled under the terms of any applicable law, general or special.

(e) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing service pensions in Subparagraph (c) above, and, provided, further, that pensions for bene ficiaries designated under the terms of this Act, as amended, shall be fifty percent (50%) of the amount the pensioner was receiving or would have received had he exercised his right to retire. Provided, further, that, if a widow of a pensioner is more than (5) years younger than the pensioner, that there shall be deducted from her pension one-twelfth (1/12) of two percent (2%) per month for each month that she is more than five (5) years younger than the pensioner; provided, how ever, that said reduction of one-twelfth (1/12) of two percent (2%) per month shall not apply, if the beneficiary is sixty (60) years or more of age at the time she becomes eligible for benefits.

(f) There shall be deducted from the total salary of any teacher or employee electing to come under this amendment the sum of five per cent (5%), in the event he does not provide for payment of a pension to his beneficiary, as authorized by this Act, as amended, or the sum of six percent (6%), in the event he does provide for the continuance of the pension to his beneficiary. Like deductions shall be made from the salaries of future employees required to come under this amendment.

TUESDAY, FEBRUARY 13, 1962

1843

(g) In addition to the payments required to be made in Subparagraph (f) above, any teacher or employee who may become a participant under this amendment shall be entitled to all benefits and receive credit for all the years of his creditable service, provided he shall pay into the Fund the sum of five percent (5%) of his total salary from the time he was first employed by the Fulton County Board of Education, or from July 1, 1939, whichever date is later, if he does not provide for the payment of a pension to a beneficiary; and the sum of six percent (6%) of his total salary from the time he was first employed by the Fulton County Board of Education, or from July 1, 1939, whichever date is later, if he does provide for the payment of a pension to a beneficiary. Payments previously made to the Pension Fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%).

Said total amount due may be paid at the time the teacher or employee elected to come under the terms of this amendment or in sixty (60) monthly installments from the date of his participation under this amendment. Provided, however, that the pension board may at its dis cretion allow additional time for such payments to be made.

Any teacher or employee who does not elect to participate under this amendment within six (6) months of the effective date of this amendment, but who later elects to participate, shall be required to pay interest at the rate of four percent (4%) per annum from the effective date of this amendment to the date he elects to participate. In the event the teacher or employee should retire or die before said payments into the Fund are completed, the Secretary of the pension board is authorized to deduct the monthly payments from retirement or bene ficiary benefits until the obligation is discharged.

(h) This section and the several subsections shall be effective the first day of the month following the passage and approval of this Act and the payments required by subsection (f) above, as to those then employed and electing to come under this amendment, shall begin with that date, as to those subsequently coming into the service of the Fulton County Board of Education or subsequently electing to participate under the terms of this amendment, said payments shall begin with the employ ment or date of such election.

(i) In addition to the Fund derived from deductions from salaries and wages, as required by subsection (f) of this amendment, it shall be the duty of the governing authorities of Fulton County to appropriate and pay into the Pension Fund an amount which shall equal the total amount of such deductions, including the amounts paid into said Fund by said teachers and employees for prior creditable service, as required by Subparagraph (g) of Section 1. Provided, however, the governing authorities of Fulton County may delay the matching of additional con tributions caused by the enactment of this amendment to the January 1st next following the effective date of this amendment, and provided, further, that said governing authorities of Fulton County may match the payments for prior creditable service, as provided for in Subpara graph (g) of Section 1 in annual installments over a period not to exceed twenty (20) years from the January 1st next following the effective

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date of this amendment. Should said Pension Fund at any time be
insufficient to meet and pay the pensions due to such officers and em ployees, the governing authorities of Fulton County shall appropriate from current funds amounts sufficient to make up the deficiency.

SECTION 2
Said Act is further amended by adding to Paragraph 10 of said Act, as amended by Georgia Laws 1957, pages 2574 et. seq., the words "School System" following the words "Fulton County" as they appear at Georgia Laws 1957, page 2577, line 5.

SECTION 3
A copy of notice of intention to apply for this local legislation is attached hereto and made a part of this Bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law.

SECTION 4
All laws and parts of laws in conflict with this Act, be and the same are hereby repealed.

SECTION 5
This amendment, if enacted, and the election to accept its benefits, shall be predicated upon an acknowledgment that the General Assembly in adopting this amendment reserves the right to further amend said Act and reduce the benefits provided hereunder in the event the em ployees and teachers of the Board of Education of Fulton County should qualify for benefits under the Federal O.A.S.I. program. Provided, further, that the benefits of this Act shall in no event be reduced by an amount greater than the Social Security to which such employee may be entitled upon his retirement.

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, by substitute, the ayes were 110, nays 0.

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

HB 1162. By Messrs. Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities,

TUESDAY, FEBRUARY 13, 1962

1845

so as to provide increased pensions for certain officers and employees; and for other purposes.

The following Committee amendments were read and adopted:
Local Affairs Committee, of Fulton County, moves to amend HB 1162, in the following particulars:
Section 1. By adding at the end of the first paragraph of Subparagraph (a) of Section 1 of this amendment the following:
"This amendment and the election to accept its benefits shall be predicated upon an acknowledgment that the General Assembly in adopting this amendment reserved the right to further amend said Act and to reduce the benefits provided hereunder, in the event the officers and employees of any such city should ever qualify and accept the benefits under the Federal O.A.S.I. program by reason of his employment by such city. Provided, further, that the benefits of this Act, as amended, shall in no event be reduced as a consequence of participation in said Federal O.A.S.I. program below the benefits as same existed prior to the enactment of this amend ment."
Local Affairs Committee, of Fulton County, moves to amend HB 1162, in the following particulars:
Section 1. By striking from Subparagraph (d) of Section 1 of said Act the following words: "or any emeritus benefits", and adding a new sentence at the end of said Subparagraph (d) of Section 1 as follows: "No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act.", so that, as amended, said Subparagraph (d) of Section 1 shall read as follows:
"(d) In no event shall the total pension benefits payable under this amendment, plus any Social Security benefits that may inure to such person by reason of his employment by such city, exceed seventy-five percent (75%) of the average monthly salary used in computing the pension benefits under the terms of this amend ment. No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act."
Respectfully submitted,
/s/ Smith of Fulton, McClelland of Fulton, Brooks of Fulton, Howard of DeKalb, Mackay of DeKalb, Rutland of DeKalb.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:

SR 157. By Senator Sanders of the 18th:
A Resolution requesting the Institute of Law and Government of the School of Law and the Center for Continuing Education of the Uni versity of Georgia to conduct the Third Institute for Georgia Legislators, providing for the formation of a Program Committee; and for other purposes.
Referred to Committee on Rules.

SB 285. By Senator Brown of the 52nd: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.
Referred to the Committee on Local Affairs.
SB 286. By Senator Ingram of the 42nd: A Bill to be entitled an Act to amend an Act incorporating the Town of White, in the County of Bartow; and for other purposes.
Referred to the Committee on Local Affairs.

SB 287. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act creating the Charter for the City of Braselton so as to remove from the city limits all property owned by Jackson County Board of Education upon which is situated the Jackson County High School; and for other purposes.
Referred to the Committee on Local Affairs.

SB 288. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act creating the Charter for the City of Hoschton so as to remove from the city limits all property

TUESDAY, FEBRUARY 13, 1962

1847

owned by Jackson County Board of Education upon which is situated the Jackson County High School; and for other purposes.
Referred to the Committee on Local Affairs.

SB 283. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to provide that municipalities may exchange land owned in Urban Redevelopment Areas for certain land owned by certain organizations; and for other purposes.
Referred to the Committee on Special Judiciary.

Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 945. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of notice from a law enforcement officer that such facilities are used for illegal purposes; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of court order; to require the giving of notice to the subscriber; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
When any municipal, county, state or federal law enforcement officer, acting within his apparent jurisdiction, applies to the Solicitor General of the Superior Court and makes oath or affidavit that he has reason to believe that certain telephone facilities or any part thereof are being used or have been used in the violation of any federal law or the laws of the State of Georgia or the ordinances of any munici pality therein, the Solicitor General shall petition the Judge of the Superior Court to issue a Rule Nisi which shall be promptly served upon the person, firm or corporation in whose name said telephone facilities are listed, requiring said party, within a reasonable time to be fixed by said Judge, which shall not be less than 48 hours from time of service of said petition on said party, to show cause before said

1848

JOURNAL OF THE HOUSE,

Judge why said telephone facilities should not be promptly removed. At the hearing on the Rule Nisi the burden of proof shall be carried by the petitioner. Upon finding by the Court that the said telephone facili ties are being used in violation of the laws hereinabove described, the Court shall issue an Order requiring the telephone company to dis connect and remove such facilities and said telephone company shall upon receipt of such Order, which shall be served upon an officer of the telephone company by the sheriff of the county in which the telephone facilities are installed or his duly authorized deputies, proceed within a reasonable time to disconnect and remove such facilities and discontinue all telephone service rendered over said facilities until further order of the Court.
SECTION 2

The law enforcement officer who applies to the Solicitor General for the removal of such facilities shall, in his official capacity, be a neces sary party to any proceeding or action arising out of or under the pro visions of this Act.
SECTION 3

No telephone company shall be liable for any damages, penalty, or forfeiture, civil or criminal, for any Act done in compliance with any order issued by the Judge of the Superior Court in question.

SECTION 4

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 103, nays 0.

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

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 481-957. By Mr. Walker of Telfair: A Resolution to compensate J. D. Williams; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 13, 1962

1849

On the adoption of the Resolution, the ayes were 119, nays 0.

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

HR 514-989. By Mr. Stuckey of Dodge:
A Resolution to compensate Mrs. Mary W. Screws; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 514-989 by inserting the figure "$113.74" wherever the figure "$220.79" appears in said Resolution.

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, as amended, the ayes were 119, nays 0.

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

HR 270-704. By Mr. Crowe of Bartow: A Resolution to compensate Watkins C. White; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 270-704 by inserting the figures "322.53" wherever the figures "28,177.53" appear in the last paragraph of said Resolution.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, as amended, the ayes were 119, nays 0.

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

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JOURNAL OF THE HOUSE,

HR 526-999. By Mr. Fleming of Richmond:
A Resolution to compensate Ballentine Motors of Augusta, Inc., and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, as amended, the ayes were 119, nays 0.

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

HR 657-1233. By Mr. Simmons of Banks: A Resolution to compensate Cohen Martin; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, as amended, the ayes were 119, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 480-950. By Mr. Barber of Jackson: A Resolution to compensate Grady Haggard; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 637-1192. By Mr. McClelland of Fulton: A Resolution to compensate E. O. Sams; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1851

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 637-1192 by inserting the figure "$500.00" wherever the figure "$750.00" appears.

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, as amended, the ayes were 119, nays 0.

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

HR 511-985. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate E. Clyde Perkins; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 119, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 328-716. By Mr. Sinclair of Macon: A Resolution to compensate Mrs. Willie Mae Hunt Collins; and for other purposes.
Mr. Smith of Grady, Chairman of the Appropriations Committee, asked unanimous consent that HR 328-716 be recommitted to the Appropriations Com mittee for further study.
The consent was granted and HR 328-716 was recommitted to the Committee on Appropriations.
HB 936. By Mr. Busbee of Dougherty: A Bill to be entitled an Act to amend Title 92 of the Georgia Code to provide for a credit against income taxes in amount paid for certain machinery; and for other purposes.

1852

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Busbee of Dougherty moves to amend HB 936 as follows:
Mr. Busbee of Dougherty moves to amend HB 936 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide for the promulgation of rules and regulations".
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Code Section 92-3002 as amended to date, is further amended by adding thereto a new subsection to be designated "(q)" which shall read as follows:
'92-3002 Definitions. -- (q). The words "machinery for new and expanded industry" shall mean and include:
"(1.) That machinery which is directly and proximately used in the manufacture of tangible personal property, when such ma chinery is incorporated for the first time into plant facilities located in this State, provided, that any machine or machinery which con stitutes a replacement of any machine or machinery previously utilized in this State shall not be deemed machinery for new and expanded industry except as hereinafter expressly set forth.
"(2.) Notwithstanding the provisions of subparagraph (1) above, when any machine or machinery shall constitute a replace ment of any machine or machinery and such replacement shall be made for the purpose of substantially expanding the production capacity of the manufacturing operation making such replacement, such replacement machine or machinery shall be deemed to be "machinery for new and expanded industry" to the extent that the normal production capacity of such replacement machine or ma chinery exceeds the normal production capacity of the machine or machinery replaced.'"
By adding at the end of the language quoted as Subsection (b) of Code Section 92-3111 in Section 2 of said Bill the following:
"The State Revenue Commissioner is hereby authorized to promulgate such rules and regulations regarding the submission of data supporting the credit authorized hereunder as may be neces sary, in his discretion, for the proper administration thereof."

The following substitute, offered by Mr. Kidd of Baldwin, was read:
A BILL
TO BE ENTITLED
An Act to amend that certain Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" incorporated in the Acts of the

TUESDAY, FEBRUARY 13, 1962

1853

General Assembly of the State of Georgia of 1951, and set forth in Georgia Laws 1951, page 360 to 387 both inclusive, by amending Para graph 2 of Section 2 of said Act by adding two (2) new sub-paragraphs to be appropriately numbered; providing for exemption from the tax provisions of said Act, capital expenditures of industry; and providing for exemption of farm and agricultural equipment; repealing all laws and conflicts herewith; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of the same, that Paragraph 2 of Section 2 of Georgia Retailers' and Con sumers' Sales and Use Tax Act, as set forth in the Acts of the General Assembly of the State of Georgia, Georgia Laws 1951, pages 365-366 inclusive, be and the same is hereby amended by adding to said para graph and section, two (2) new sub-paragraphs to be appropriately numbered, to read as follows:

"Section 1. The tax levied by this Act shall not apply to the purchase of materials expended by manufacturing, processing, and industrial plants and buildings during the period of construction of any plant, factory or building to be located in the State of Georgia, nor shall it apply to any expansion or additional improvement of any such existing industry. It being the intention of this provision that industry be encouraged to locate, establish and construct such plants and facilities in the State of Georgia. It being further in tended that the sales and use tax shall not apply under the pro visions of this Amendment until such time as the manufacturing or processing of the finished product is commenced.

"Section 2. The tax levied by this Act shall not apply to equip ment and machinery for new or expanded agriculture. This shall include such equipment and machinery which is used exclusively for agricultural purposes and which is incorporated for the first time into farm facilities established in this State and does not apply to replacement equipment or machinery."

Be it further enacted that all laws, or parts of laws, in conflict with the provisions of this Act be, and the same are hereby repealed.

On the motion to adopt the substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Andrews of Stephens Andrews of Hall Barnett of Baker Brown Budd Chandler

Collins Crowe Dicus Floyd Fordham Greene Kidd

Lane Lee of Clinch Massee Milhollin Mullis Pickard Rainey

1854

JOURNAL OP THE HOUSE,

Raulerson Ross Rowland Sinclair

Smith of Brantley Smith of Habersham
Stuckey White

Wickham Wilkes

Those voting in the negative were Messrs.:

Abney Akins Arnsdorff
Barber
Barnett of Wilkes Barrett Baughman Birdsong Blalock Bolton
Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brantley
Brooks of Fulton Busbee Bynuni Chance
Clark of Catoosa Clarke of Monroe
Cloer Cox Crawford Culpepper Davis Been Dickey Dollar
Doster Duncan of Fannin Dunn
Fleming Fowler of Douglas Fuqua Hale Hall of Lee Hall of Floyd Harrell
Henderson Hill Hull Joiner

Jones of Liberty Jones of Worth
Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Killian Killingsworth Kimmons King Knight of Berrien Langford Lee of Clayton
Lewis of Wilkinson Lewis of Burke Loggins
Lokey Lovett Lowrey
Mackay Matthews of Clarke
Matthews of Colquitt McCracken
McCutchen McDonald
McGarity Melton Miller Mixon Moate Moorman
Morgan Morris
Newton Odom Otwell Pannell Parker of Screven Parker of Appling
Farmer Pelham Phillips of Columbia

Those not voting were Messrs.:

Ballard Black

Boggs Branch

Phillips of Bibb Poole Potts Purcell Rodgers of Charlton Rogers of Paulding Roper Rutland Sangster Scarborough Scoggin Sheffield Simmons Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Willingham Wilson Woodward Young
Brooks of Oglethorpe Caldwell

TUESDAY, FEBRUARY 13, 1962

1855

Cocke Coker Conner Dorminy Duncan of Carroll Echols Fitzgerald
Flexer Flynt Fowler of Treutlen Funk Hodges Horton

Howard Hurst Johnson Kirkland Knight of Laurens McClelland Moore
Moss Murphy NeSmith Paris Parker of Ware Payton

Phillips of Walton Roberts Shuman Simpson Singer Taylor of Decatur Teague
Todd Underwood of
Montgomery Walker of Lowndes Walker of Telfair Mr. Speaker

On the motion to adopt the substitute, the ayes were 31, nays 130.

The substitute was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Ballard
Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Blalock Bolton
Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brantley
Brooks of Fulton

Brown Budd Busbee
Bynum Caldwell Chance Chandler
Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Conner Cox Crawford
Crowe Deen Davis Dickey Dicus Dollar
Dorminy

Doster Duncan of Fannin Dunn
Echols Fitzgerald Fleming Flexer
Floyd Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee
Hall of Floyd Harrell Henderson Hill Horton Hull
Joiner

1856

JOURNAL OF THE HOUSE,

Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killings-worth Kimmons King Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate Moorman

Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Pickard Poole Potts Purcell Kainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Simmons Sinclair Smith of Grady Smith of Brantley

Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thornton Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Woodward Young

Those voting in the negative were Messrs.:

Black

Singer

Wilson

Those not voting were Messrs.:

Boggs Branch Brooks of Oglethorpe Coker Culpepper Duncan of Carroll Flynt Fowler of Treutlen Hodges

Howard Hurst Johnson Kirkland Knight of Laurens McGarity Moore Parker of Ware Payton

Phillips of Walton Shuman Simpson Taylor of Decatur Todd Walker of Lowndes Mr. Speaker

TUESDAY, FEBRUARY 13, 1962

1857

On the passage of the Bill, as amended, the ayes were 177, nays 3.

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

Messrs. Odom of Dougherty, Howard of DeKalb, and Payton of Coweta, stated they were absent from the Hall of the House at the time the roll was called but had they been present they would have voted "Aye" on HB 936.

HE 105. By Mr. McCracken of Jefferson:
A Resolution providing for the investigation of the Ordinaries' Retire ment Fund, of Georgia; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating a committee to study the various retirement systems; and for other purposes.
WHEREAS, the General Assembly has created a large number of retirement systems and similar systems covering many public officials and employees; and
WHEREAS, it is desirable that the members of this Body be fur nished information concerning the procedures used in administering these various systems and relative to the present status of and future needs of such systems;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Retirement Systems Study Committee to be composed of five members of the House to be appointed by the Speaker, and three members of the Senate to be appointed by the President of the Senate, for the purpose of con ducting a study as aforesaid on all the various retirement systems and similar systems which have been created by the General Assembly. The Committee is hereby authorized to study the laws relative thereto and relative to similar systems and the administration thereof of this and other jurisdictions. The Committee is hereby authorized to hold hearings and to examine the records of all such systems. The Committee is here by granted subpoena powers and such other powers as are necessary for the performance of its functions under this Resolution. All the offi cials and employees of all such systems are hereby directed to cooperate with said Committee in every way possible. The members shall be ap pointed within thirty days after the adjournment of the 1962 session, and shall meet within thirty days after all members are appointed for the purpose of organizing, electing a Chairman, a Secretary, and such other officers as deemed desirable and adopting procedures for its oper-

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JOURNAL OF THE HOUSE,

ation. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative commit tees, but shall receive the same no longer than twenty days per member unless authorized by the Speaker and the President of the Senate. The Committee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government.

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, by substitute, the ayes were 113, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 495. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to prohibit strikes by public employees; to define "strikes" and "public employee", and for other purposes.

The following substitute was read and adopted:
A BILL
To be entitled an Act to prohibit strikes by State employees; to define "strikes" and "State employee"; to prohibit any person inciting or influencing a State employee to strike; to prescribe consequences and penalties for such violations; to repeal all laws or parts of laws in con flict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
No person holding a position by appointment or employment in the government of the State of Georgia or any agency, authority, board, commission, or public institution thereof shall promote, encourage or participate in any strike.
SECTION 2
The word "strike", as used herein, shall mean the failure to report for duty, the willful absence from one's position, the stoppage or de-

TUESDAY, FEBRUARY 13, 1962

1859

liberate slowing down of work, or the withholding, in whole or in part, of the full, faithful and proper performance of the duties of employ ment, for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of State employment; provided, however, that nothing herein shall limit or impair the right of any State employee to express or communicate a complaint or opinion on any matter related to the conditions of State employment so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment.

SECTION 3

Any State employee who violates Section 2 of this Act shall be deemed to have terminated his employment, shall forfeit his civil service status, job rights, seniority, and emoluments, if any; and subsequent to such violation shall not be eligible for appointment or re-appointment, employment or re-employment by the State of Georgia or any agency, authority, board, commission, or public institution thereof, or in any other branch of the State service, for a period of three (3) years, after such violation, except upon the following conditions:
(a) his compensation, direct or indirect, shall in no event exceed that received by him immediately prior to the time of such vio lation; and
(b) the compensation, direct or indirect of such person shall not be increased until after the expiration of three years from such subsequent appointment or re-appointment, employment or reemployment; and
(c) such persons shall be on probation for a period of five years following such appointment or re-appointment, employment or reemployment, during which period he shall serve without tenure and at the pleasure of the appointing or employing officer or body.

SECTION 4
Any person not a State employee who shall knowingly incite, agitate, influence, coerce, persuade or picket to urge a State employee to strike shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment not to exceed one year, or by a fine of not less than $100.00 nor more than $1,000.00, or both, such fine and imprisonment to be in the discretion of the court.
SECTION 5
No person exercising any authority, supervision or direction over any State employee shall have the power to authorize, approve or con sent to a strike by one or more State employees, and such persons shall not authorize, approve or consent to such strike.
SECTION 6

Be it further enacted by the authority aforesaid that if any clause, sentence, or part of this Act, or the application thereof, to any person

1860

JOURNAL OF THE HOUSE,

or circumstances shall for any reason be adjudged to be invalid, such judgment shall not impair or invalidate the remainder of this Act which will remain in full force and effect.

SECTION 7

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

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 107, nays 3.

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

HB 1080. By Messrs. Bolton of Spalding, Steis of Harris and others:
A Bill to be entitled an Act to grant to the incorporated municipalities of this State certain common powers; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to grant to the incorporated municipalities of this State certain basic powers, including certain powers over their officers and employees relating to duties and compensation; the author ity to provide for absentee voting; the granting of franchises for the use of their streets; local taxation; the authority to provide hospitals and clinics; the authority to acquire and maintain certain facilities; authority to regulate the use of their streets and parking thereon; the authority to operate water and sewer systems; the authority to issue bonds and financial obligations in accordance with the Constitution and general laws; providing the effect of this Act on other laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
It is hereby declared to be the intention of the General Assembly to vest certain general powers in the governing body of each of the incorporated municipalities of this State, such powers to be in addition to, or cumulative of, those which any municipality may now have under

TUESDAY, FEBRUARY 13, 1962

1861

its charter or any other special or general law. It is the purpose of this grant of general powers:

(a) To provide authority for all incorporated municipalities to exer cise certain common functions of local government;

(b) To provide for local self-government to the extent of the powers granted; and,

(c) To relieve the necessity for special legislative action by the General Assembly to the extent of the powers herein granted.

SECTION 2

In addition to the powers it may now have, the governing body of any incorporated municipality shall have the following powers, under this Act, relating to the administration of municipal government:

(a) The powers to establish municipal offices, agencies and em ployments; to define, regulate and alter the powers, duties, qualifica tions, compensation and tenure of all municipal officers, agents and employees: Provided, that the municipal governing body shall not have the right to fix or change their own terms, nor to alter their own com pensation; and provided, further, that such duties or responsibilities as are specifically given to a particular official or employee by charter may not be altered.

(b) The power to establish merit systems, retirement systems and insurance plans for all municipal employees and establish insurance plans for school employees of independent municipal systems; and to provide the method or methods of financing such systems and plans.

(c) The power to contract with any State Department or Agency, or any other political subdivision for joint services or the exchange of services; and to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any State Agency or political subdivision to perform any service or execute any project for such agency or subdivision in which the municipality has an interest.
(d) The power to legislate, regulate and administer all matters pertaining to absentee voting in municipal elections.

(e) The granting or franchises to or making contracts with rail roads, street railways or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone and telegraph companies, water companies and other public utilities for the use and occupancy of the streets of the city for the purpose of rendering utility services, upon such conditions and for such time as the governing authority of the municipality may deem wise; subject to the Constitution and the general laws of the State of Georgia.

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JOURNAL OP THE HOUSE,

SECTION 3
In addition to the powers it may now have, the governing body of any incorporated municipality may provide for the general health and welfare by establishing hospitals and clinics for the reception and treatment of charitable and pay patients, and shall have the power to contract with any State Agency or political subdivision of the State to provide joint facilities or services for the care and treatment of patients.

SECTION 4
In addition to the powers it may now have, any municipality shall have the power, in the interest of the health and general welfare, to accept by gift, acquire, construct, lease, own, regulate, operate, improve, open, close, or extend public streets, alleys, sidewalks, parks, swimming pools, golf courses, recreation grounds, airports, airfields, parking areas, parking buildings, athletic fields, grandstands and stadia build ings used or useful for sports, buildings used or useful for housing fairs and exhibits, buildings for educational purposes, libraries, buildings used or useful for poultry and live stock shows and exhibits for buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above. Any municipality may, under this Act, contract with any other political subdivision for the joint use of any of the above facilities.

SECTION 5
In addition to any powers it may now have, any incorporated mu nicipality shall have the authority to regulate and control the use of its streets and public ways; and any municipality by authority of this Section may regulate the parking of vehicles on any of its streets or public ways, and to this end may acquire and place parking meters on or immediately adjacent to any or all of its streets for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege.

SECTION 6
In addition to the powers which it may now have, any incorporated municipality shall have the power under this Act, to acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, wholly within or wholly without the munici pality, or partially within and partially without the municipality; and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith; and to operate and maintain any such systems for its own use, for the use of public and private consumers, and users within and without the territorial boundaries of the municipality; and to prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished by such systems.
SECTION 7
The governing body of each incorporated municipality of this State

TUESDAY, FEBRUARY 13, 1962

1863

is hereby given the authority to issue, refund and liquidate financial obligations, including bonds, incurred to finance any facilities or services which such municipality undertakes to provide under authority of this Act, subject to the provisions of the Constitution of Georgia and general laws applicable to such bonds or other financial obligations.

SECTION 8

The provisions of this Act are in addition to the powers heretofore or hereafter granted to any incorporated municipality.

SECTION 9

The provisions of this Act are hereby declared to be severable, and should any provision hereof be declared unconstitutional the remaining Sections shall remain of full force and effect.

Mr. Killian of Glynn offered the following amendment which was read and adopted:
Mr. Killian of Glynn and Phillips of Bibb moves to amend Commit tee Substitute to HB 1080 as follows:
By inserting in Section 2 paragraph (a) thereof after the words "change their own terms" the words "or the terms of their successors", and inserting after the words "their own compensation" the words "or the compensation of their successors".
And further by striking from paragraph 6 the words "or wholly without".
Mr. Killian of Glynn moves to amend HB 1080 by striking from Section 6 the following words wherever same appear: "wholly", "or wholly without" or "partially within" and "partially with out the municipality", "and without".

Mr. Andrews of Hall moved the Previous question.

On the motion for the previous question the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff

Barber Barnett of Wilkes Barnett of Baker Barrett Baughman

Black Boggs Bolton Bowen of Randolph Bowen of Toombs

1864

JOURNAL OF THE HOUSE,

Boyett Bozeman
Brantley Brown
Budd Busbee Bynum Caldwell Chance Chandler Cloer
Coker Conner Cox Crawford
Crowe Culpepper Been
Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fleming
Floyd Funk Fuqua Greene Hale
Hall of Lee Hall of Floyd Harrell Henderson Howard Hull Hurst Joiner Jones of Liberty
Jones of Worth

Jones of Lumpkin
Jones of Sumter Jordan Keadle Kelly
Keyton Kidd King Langford
Lee of Clinch Lewis of Wilkinson Lewis of Burke Lowrey
Mackay Matthews of Clarke Matthews of Colquitt McClelland
McCracken McCutchen McGarity Milhollin Miller Mixon Moate Moore Moorman Morris Moss Murphy
Newton Otwell Paris
Parker of Ware Farmer Pelham Phillips of Columbia
Phillips of Bibb Pickard Poole Potts Raulerson Roberts

Rogers of Paulding Roper Ross gangster Sheffield Simmons Simpson
Singer Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stevens Story Strickland
Stuckey Tabb Tamplin Taylor of Dawson
Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Oconee Wells of Camden
Wickham Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.

Brooks of Oglethorpe Fordham Horton

Lane Loggins Massee

Smith of Habersham

Those not voting were Messrs.:

Adams Ballard Birdsong

Blalock Brackin Branch

Brooks of Fulton Clark of Catoosa Clarke of Monroe

TUESDAY, FEBRUARY 13, 1962

1865

Cocke Collins Davis
Duncan of Carroll Fitzgerald Flexer Flynt
Fowler of Douglas Fowler of Treutlen Hill
Hodges
Johnson Killian Killingswortli Kimmons Kirkland
Knight of Laurens

Knight of Berrien Lee of Clayton Lokey
Lovett McDonald Melton Morgan
Mullis NeSmith Odom
Pannell
Parker of Screven Parker of Bibb Payton Phillips of Walton Purcell
Rainey

Rodgers of Charlton Rowland Rutland
Scarborough Scoggin Shuman Sinclair
Smith of Grady Taylor of Decatur Walker of Lowndes
Wells of Peach
White Wilkes Woodward Mr. Speaker

On the motion for the previous question, the ayes were 140, nays 7.

The previous question was ordered.

The Substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Blalock
Boggs Bolton
Bowen of Randolph Bowen of Toombs

Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Chance Clarke of Monroe Cloer
Coker Collins
Crawford Crowe

Culpepper Davis Deen Dickey Dicus Dorminy Doster Duncan of Fannin Dunn Fleming Floyd
Fowler of Douglas Fuqua
Greene Hale

1866

JOURNAL OP THE HOUSE,

Hall of Floyd Harrell Howard Hull Joiner Jones of Liberty Jones of Lumpkin
Jones of Sumter Jordan Keadle Keyton
Kidd Killian
Killingsworth King Langford
Lee of Clinch Lee of Clayton Lewis of Wilkinson
Lewis of Burke Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCracken
McCutchen McGarity

Milhollin Miller
Mixon Moorman
Morris Moss Mullis
Murphy NeSmith Newton
Odom Pannell
Paris Parker of Ware Farmer Payton Pelham Phillips of Columbia Phillips of Bibb
Pickard Potts Raulerson Roberts Rodgers of Charlton
Rogers of Paulding Ross Rutland Sangster Sheffield

Simmons Sinclair Smith of Fulton Smith of Whitfield Steis Stevens Strickland
Tabb Tamplin
Taylor of Bibb Thornton Tucker Twitty Undercofler Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Woodward
Young

Those voting in the negative were Senators:

Black Caldwell Chandler Clark of Catoosa Conner Cox Dollar Echols Flynt Fordham
Hall of Lee Henderson Hill

Horton Hurst Kelly Lane Loggins Lokey Matthews of Clarke
Moate Moore Morgan Phillips of Walton Poole Rainey

Scarborough Singer Smith of Habersham Story Stuckey Teague Underwood of
Montgomery Watson Willingham
Wilson

Those not voting were Messrs.:

Adams Andrews of Stephens Ballard Brackin Branch Budd Cocke

Duncan of Carroll Fitzgerald Flexer Fowler of Treutlen Funk
Hodges Johnson

Jones of Worth Kimmons Kirkland Knight of Laurens Knight of Berrien McDonald Melton

TUESDAY, FEBRUARY 13, 1962

1867

Otwell Parker of Screven Parker of Appling Purcell Roper Rowland

Scoggin Shuman Simpson Smith of Grady Smith of Brantley Taylor of Dawson

Taylor of Decatur Todd Walker of Lowndes Wickham Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 131, nays 36.

The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.

Mr. Jones of Worth stated that he was absent from the Hall of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 1080.

HB 1080 was ordered immediately transmitted to the Senate.

HB 890. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend Title 27 of the Code relating to criminal procedure, so as to provide that persons under the age of eighteen years shall not be sentenced to death for the commission of a capital crime, but shall instead be sentenced to life imprisonment; and for other purposes.

Mr. Smith of Habersham and McCutchen of Gilmer offered an amendment which was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Andrews of Hall Barber

Barnett of Wilkes Barnett of Baker Boyett Branch

Brooks of Fulton Brown Busbee Bynum

1868

JOURNAL OP THE HOUSE,

Chandler Clarke of Monroe Coker Cox Crowe Davis Dickey Duncan of Carroll Fleming Plexer Puqua Henderson Horton Howard Jones of Liberty Kidd Killian

Lewis of Wilkinson Mackay Matthews of Clarke McClelland McCutchen Miller Murphy Odom Pannell Payton Phillips of Columbia Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Smith of Fulton

Smith of Habersham Smith of Whitfield Steis Story Stuckey Tamplin Teague Thornton Tucker Waldrop Watson Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson

Those voting in the negative were Messrs.:

Abney Adams Black Blalock Chance Clark of Catoosa Conner
Culpepper Dorminy Fordham Fowler of Douglas Funk Hill Joiner Jones of Sumter Kelly Knight of Berrien

Lane Langford Lee of Clinch Lee of Clayton Lewis of Burke Lokey Lovett Lowrey Massee McCracken Morris Mullis Newton Paris Pelham Rainey Raulerson

Roberts Rutland Sangster Sheffield Shuman Sinclair Strickland Tabb Taylor of Dawson Undercofler Underwood of
Montgomery Underwood of Taylor White Willingham Woodward

Those not voting were Messrs.:

Arnsdorff Ballard Barrett Baughman Birdsong Boggs Bolton Bowen of Randolph Bowen of Toombs Bozeman Brackin Brantley

Brooks of Oglethorpe Budd Caldwell Cloer Cocke Collins Crawford Deen Dicus Dollar Doster Duncan of Carroll

Dunn Echols Fitzgerald Floyd Flynt Fowler of Treutlen Greene Hale Hall of Lee Hall of Floyd Harrell Hodges

TUESDAY, FEBRUARY 13, 1962

1869

Hull Hurst Johnson Jones of Worth Jones of Lumpkin Jordan Keadle Keyton Killings-worth Kimmons King Kirkland Knight of Laurens Loggins Matthews of Colquitt McDonald McGarity Melton Milhollin Mixon

Moate Moore Moorman Morgan Moss NeSmith Otwell Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Ross Scoggin Simmons

Simpson Singer Smith of Grady Smith of Brantley Stevens Taylor of Decatur Taylor of Bibb Todd Twitty Vaughn Walker of Lowndes Walker of Telfair Ware Wells of Peach Wickham Wilkes Young Mr. Speaker

On the passage of the Bill, the ayes were 62, nays 49.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Smith of Fulton served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 890 the requisite constitutional majority.

HR 644-1217. By Messrs. Pannell of Murray, Odom of Dougherty and others:
A Resolution creating a committee to study budgetary, financial and fiscal affairs and related matters; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Barber

Barnett of Wilkes Barrett Baughman

Black Boggs Boyett

1870

JOURNAL OF THE HOUSE,

Bozeman Branch Brooks of Oglethorpe Brown Busbee Bynum Chandler Clark of Catoosa Clarke of Monroe
Cloer Conner
Cox Crawford Crowe Davis Deen Dickey Dicus Dorminy Duncan of Fannin
Echols Fleming Flexer Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Floyd Henderson Horton Howard Hull Joiner

Jones of Worth Kelly Keyton Killian Kirkland Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lovett Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Milhollin Miller Mixon Morgan Morris Murphy Newton Odom Pannell Paris Parker of Screven Payton Pelham Phillips of Columbia Pickard Poole Purcell

Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Rutland Scarborough Scoggin Sheffield Shuman Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Thornton Tucker Underwood of Taylor Waldrop Watson Wells of Oconee Wickhani Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Abney Adams Andrews of Stephens Arnsdorff Ballard Barnett of Baker
Birdsong Blalock Bolton Bowen of Randolph Bowen of Toombs
Brackin Brantley Brooks of Fulton
Budd Caldwell

Chance Cocke Coker Collins Culpepper Dollar Doster Duncan of Carroll Dunn Fitzgerald Floyd Flynt Fowler of Treutlen Hall of Floyd Harrell Hill

Hodges Hurst Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kidd Killingsworth Kimmons King Knight of Laurens Lee of Clayton Lewis of Burke Loggins

TUESDAY, FEBRUARY 13, 1962

1871

Lokey Lowrey McDonald McGarity Melton Moate Moore Moorman Moss Mullis NeSmith Otwell Parker of Ware Parker of Appling Farmer

Phillips of Walton Phillips of Bibb Potts Rainey Ross Sangster Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Taylor of Dawson Taylor of Decatur Todd

Twitty Undercofler Underwood of
Montgomery Vaughn
Walker of Lowndes Walker of Telfair
Ware Wells of Peach Wells of Camden
White Wilkes Woodward Mr. Speaker

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 946. By Mr. Newton of Colquitt:
A Bill to be entitled an Act to regulate the sale of animal remedies; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to regulate the sale of animal remedies; to define terms; to regulate the labeling of animal remedies; to prohibit the adulteration or misbranding of animal remedies; to provide for the registration of animal'remedies and the procedure connected therewith; to prescribe the duties of the Commissioner of Agriculture in relation thereto; to prohibit the sale or offering for sale of any animal remedies not registered as provided herein; to provide for standards and rules and regulations and a procedure connected therewith; to provide ex ceptions; to provide for registration and inspection fees and the dis position thereof; to provide a penalty for violation; to provide for in junctions; to provide for performance standards for poultry vaccines and minimum standards for potency, safety, purity and efficacy thereof; to provide for the enforcement of this Act and the rules and regulations promulgated hereunder; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Definitions:

SECTION 1

(A) "Person" includes any individual, firm, partnership, corpora tion, association, or combination thereof.

1872

JOURNAL OP THE HOUSE,

(B) "Animals" means any animate being, which is not human, en dowed with the power of voluntary action.

(C) "Animal Remedies" means all drugs, combination of drugs, proprietary medicines, and combination of drugs and other ingredients, other than for food purposes or cosmetic purposes, which are prepared or compounded for livestock, poultry, or other animal use.

(D) "Drug" means:

1. Articles recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

2. Articles intended for use in the diagnosis, cure, mitigation, treat ment, or prevention of disease in animals.

3. Articles, other than food and cosmetics, intended to affect the structure or any function of the body of livestock, poultry, or other animals.

4. Articles intended for use as a component of any article specified herein.

(E) "Label" means a display of written, printed, or graphic matter upon the immediate container of any animal remedy. The requirement made under authority of this Act that any word, statement, or other information appear on the label and shall not be deemed to be complied with unless such word, statement, or other information also appears on the outside container or wrapper of the retail package of such animal remedy, or is easily legible through the outside container or wrapper.

(F) "Labeling" means all labels and other written, printed, or graphic or verbal matter;
1. Upon any animal remedy or any of its containers or wrappers;
2. Accompanying such animal remedy;
3. Pertaining whatsoever to the animal remedy.

(G) "Dosage Form" means any animal remedy prepared in tablet, pills, capsules, ampules, or other units suitable for administration as an animal remedy.

(H) "Advertisement means all representations, other than those on the label, disseminated in any manner or by any means, relating to animal remedies as defined in this Act.

(I) The Commissioner of Agriculture shall administer this Act. All authority vested in the Commissioner by virtue of the provisions of

TUESDAY, FEBRUARY 13, 1962

1873

this Act may, with like force and effect, be exercised by such employees of the Department of Agriculture as the Commissioner from time to time designates for said purposes.

(J) "Commissioner" means the Commissioner of Agriculture.

SECTION 2

Adulteration of Animal Remedy:

An animal remedy is adulterated:

(A) If it was prepared, or held under conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to animal health.

(B) If its composition, purity, strength, or quality falls below or differs from that which it is purported or is represented to possess by its labeling; provided, however, the Commissioner may allow a reason able tolerance from such representation where he deems such tolerance necessary.

(C) If it consists in whole or in part of any filthy, putrid or de composed substance.

(D) If it bears or contains any poisonous or deleterious substance which may render it injurious to animal health under such conditions of use as are customary or usual.

(E) If its container is composed of any injurious or deleterious substance which may render it injurious to animal health.

(F) If it fails to conform to the standards established for such products.

SECTION 3

Misbranding of Animal Remedy.

An animal remedy is misbranded:

(A) Unless the label bears,

1. The name and address of the manufacturer or person responsible for placing such animal remedy on the market.

2. The name, brand, or trademark under which the animal remedy is sold.

3. An accurate statement of the minimum net contents of the package, lot, or parcel, such contents stated by weight in the case of

1874

JOURNAL OP THE HOUSE,

solids, by volume in the case of liquids, and by both count and weight or volume per dose in the case of dosage forms.

4. The common or usual name of each active ingredient. In the case of a drug intended to be mixed with or in a feed for animals, and in the case of a mixture of a drug with or in a feed for animals, the common or usual name of each active ingredient shall be stated and also the percentage of each active ingredient and, in the case of antibiotics, the number of grains of each active ingredient present in one pound of the product.

5. Adequate directions for use.

6. Adequate warnings against use in those conditions, whether pathological or normal, where its use may be dangerous to the health of animals, or against unsafe dosage, methods and duration of methods, administration, or application, in such manner and form as are necessary for the protection of animals.

(B) If the labeling is false or misleading in any particular.

(C) If its container is so made, formed, or filled as to be deceptive or misleading in any manner.

(D) If it is dangerous to the health of animals when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling of such remedy.

(E) If any word, statement, or other information required to appear on the label is not prominently placed on such label with such conspicuousness as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary con ditions of purchase and use.

(P) If its label does not comply with rules and regulations promul gated hereunder.

(G) Any animal remedy that is manufactured and distributed under license from and under the supervision of the U. S. Department of Agriculture, and in compliance with the regulations of such Department, may be exempt from the provisions of the Act by the Commissioner.

SECTION 4
Disposition of Adulterated or Misbranded Remedies.
The Commissioner of Agriculture shall cause animal remedies, which are found not to comply with this Act, to be withheld from sale pending compliance with this Act:
(A) Whenever the Commissioner or his agent finds or has reason able cause to believe an animal remedy is adulterated or misbranded

TUESDAY, FEBRUARY 13, 1962

1875

under this Act, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained, and warning all per sons not to dispose of such article in any manner until permission is given by the Commissioner or the Court. Any such article may be removed from display by the manufacturer or vendor, but shall be re tained on the premises. If the Commissioner finds that such detained article is not adulterated or misbranded, he shall remove the tag or other marking.

(B) If such a detained article is found, after examination and analysis, to be adulterated or misbranded, the Commissioner may peti tion the Judge of the Superior Court of the county where the article is found and detained for a libel for condemnation of such article.

(C) If the court finds that a detained animal remedy is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the owner or the person in possession, under the super vision of the Commissioner or his agent, or as may be directed by the Court. All court costs and fees, and storage and other proper expenses, shall be levied against and collected from the owner or the person having custody of the article.

(D) If the adulteration or misbranding can be corrected by proper processing or labeling of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a sufficient bond, payable to the Commissioner conditioned that such article shall be so processed or labeled, has been executed, may order such article to be delivered to the owner for such processing or labeling under the supervision of the Commissioner. The expense of such supervision shall be paid by the owner. The bond shall be returned to the owner on the representation to the court by the Commissioner that the article no longer violates this Act and that expenses incident to such proceeding have been paid.

Registration.

SECTION 5

All animal remedies offered for sale in the State of Georgia shall be registered with the Commissioner of Agriculture by the manufacturer or person responsible for placing such animal remedy on the market.

(A) Any such person may make application for the registration of any animal remedy by filing with the Commissioner on forms furnished by him, a statement with respect to such animal remedy setting forth:

1. The name and principal address of the manufacturer or person responsible for placing such animal remedy on the market with the name and address of the person to whom correspondence should be directed.

2. The name, brand, or trademark under which the animal remedy will be sold.

1876

JOURNAL OF THE HOUSE,

(B) A label or specimen of labeling for any animal remedy shall accompany each application for registration, and, when requested by the Commissioner, a representative and true sample or specimen of each animal remedy to be registered shall accompany such application.

(C) If the Commissioner, after examination and investigation, finds that the application and labeling comply with this Act, a certificate of registration shall be issued to the applicant on payment of an inspec tion fee as provided herein. All such certificates shall be issued for a period not exceeding one year, expiring the thirty-first day of Decem ber of each year; but no such certificate shall be construed to be a recommendation or endorsement of the animal remedy registered by the Commissioner.

(D) The registration provided herein shall not apply to an animal remedy intended solely for investigational, experimental, or laboratory use by qualified persons, provided the Commissioner is notified as to the animal remedies to be used, the extent thereof, and the purpose and such animal remedy is plainly labeled "For investigational use only".

(E) The Commissioner may determine whether a preparation in tended for animal use and subject to registration shall be registered as an animal feed-stuff and/or as an animal remedy.

SECTION 6

Investigation.

The Commissioner of Agriculture shall make all necessary investi gations pertinent to the enforcement of this Act.

The Commissioner or his agent shall have free access at all reason able hours to any establishment in which animal remedies are manu factured, processed, packed, stored, sold or offered for sale, to inspect such premises and to determine compliance or non-compliance with this Act.

The Commissioner or his agent may secure samples or specimens of any animal remedy after paying or tendering payment for them. He shall make an examination or analysis of such sample as he shall deem necessary to enforce the provisions of this Act.

SECTION 7

Revocation of Registration.

The Commissioner of Agriculture may refuse to issue any certifi cate of registration to any applicant if available facts and evidence indicate that the product proposed for registration is of negligible or no value for the correcting, alleviating, or mitigating animal injuries or diseases for which it is intended, or suspend or revoke any registra tion for flagrant violation of this Act. Notice shall be given to the

TUESDAY, FEBRUARY 13, 1962

1877

applicant before any such refusal shall be made and an opportunity given to present information in support of the application. Notice shall be given and an opportunity to be heard given before any registration shall be revoked.

SECTION 8

Prohibition.

No person shall:

(A) Sell, deliver, hold, or offer for sale any animal remedy which has not been registered with the Commissioner, except that any bio logical product for use on or testing of any livestock, poultry, or any animal, manufactured under a license issued by the U. S. Department of Agriculture, shall not be considered as being subject to the registra tion requirements of this Act.

(B) Manufacture, sell, deliver, hold, or offer for sale any animal remedy that is adulterated or misbranded.

(C) Compound, manufacture, make, produce, pack, package, or prepare within this State any animal remedy to be offered for sale or distribution unless such compounding, manufacture, making, producing, packaging, packing, or preparing is done with adequate equipment under
the supervision of a licensed veterinarian, a graduate chemist, a licensed pharmacist, a licensed physician, or some other person as may be approved by the Commissioner after an investigation and a determinanation by the Commissioner that he is qualified by scientific or technical training or by experience to perform such duties of supervision as may be necessary to protect animal health and public safety.

(D) Disseminate any advertisement which is false or misleading in any respect, but no person or medium for the dissemination of any advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be subject to the penalties for violations of the Act, by reason of the dissemination
by him of such false advertisement, unless he refused, on the request of the Commissioner to furnish the name and address of the manufac turer, packer, distributor, seller, or advertising agency which caused him to disseminate such advertisement.

(E) Refuse to permit entry or inspection, or to permit the acqui sition of a sample or specimen of any animal remedy, as authorized by this Act.

(F) Dispose of a detained article in violation of this Act.

(G) Give a guaranty which is false, except a. person who relied on a guaranty to the same effect signed by, and containing the name and address of, the person from whom he received the animal remedy in good faith.

1878

JOURNAL OF THE HOUSE,

(H) Alter, mutilate, destroy, obliterate, or remove any part of the labeling of any animal remedy if such acts result in such animal remedy being misbranded, or do any other act, while such animal remedy is being held for sale, which results in the misbranding of such article.

(I) Forge, counterfeit, simulate, or falsely represent, or without proper authority, use any mark, stamp, tag, label, or other identification device required by this Act.

(J) Sell or offer to sell any biological product for use on any live stock, poultry, or other animal, unless such product is manufactured under a license issued by the U. S. Department of Agriculture or a regis tration issued by the Commissioner, or unless such product meets the requirements of the Federal "Food, Drug, and Cosmetic Act", or other applicable Federal Law.

(K) Sell or offer to sell any biological product that had npt been stored under conditions prescribed by the rules and regulations of the U. S. Department of Agriculture, or as prescribed by the Federal "Food, Drug, and Cosmetic Act", or by the Commissioner.

The Commissioner or any employee of the Department of Agricul ture shall not use or reveal information acquired under this Act, except in the enforcement of this Act or to the Courts when relevant in any judicial proceeding.

SECTION 9

Standards. Rules and Regulations.

(A) The Commissioner shall enforce the provisions of this Act and the Commissioner may promulgate and adopt such reasonable rules and regulations and standards as are necessary in the enforcement thereof. Such rules and regulations and standards shall be not less than the conform, insofar as practicable, with the rules and regulations promul gated under the Federal "Food, Drug, and Cosmetic Act", and with the rules and regulations promulgated by the U. S. Department of Agri culture.
(B) The Commissioner may promulgate regulations exempting from any labeling and packaging requirements of this Act, animal remedies or their components which are, in accordance with the practice of the trade, to be processed, labeled, or repacked at establishments other than those where they were originally processed or packed; but such animal remedies, when so processed, labeled or repacked, shall be subject to such sections.
(C) The Commissioner shall establish performance standards for poultry biologicals (vaccines) and he shall establish minimum standards for potency, safety, purity and efficacy of such vaccines not less than the following:
1. Potency. Each and every biological (vaccine) must contain sufficient quantity of antigenic components to assure maximium

TUESDAY, FEBRUARY 13, 1962

1879

immune response when administered according to the manufactu rer's written directions. Manufacturer's specifications must guaran tee minimum virus vaccine units on the basis of individual exposure dose.

2. Safety. Each and every biological must not adversely affect the health of poultry other than the intended antigenic response.

3. Purity. Each and every biological must be free of any recog nizable agent capable of adversely affecting the health of poultry
and free of extraneous matters other than those essential to the potency and efficacy of the antigenic component.

4. Efficacy. Each and every biological must be effective in preventing any clinical or pathological evidence of the natural dis ease for which it is intended, and to produce this effect within two weeks following use in poultry flocks.

SECTION 10

Reports.

The Commissioner may publish at such times and in such forms as he may deem proper, information concerning the sales of animal reme
dies, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of animal remedies sold within the State as compared with the analyses guaranteed in the registration and on the label.

SECTION 11

Exception.

This Act shall not apply to or interfere with the compounding or dispensing of Veterinarians' prescriptions, nor the dispensing of drugs or preparations by registered pharmacists compounded at the request of the purchaser and not for resale, nor shall such sections apply to any animal remedy sold exclusively to, for use exclusively by a licensed Veterinarian.

SECTION 12

Fees.
The Commissioner shall, before issuing a certificate of registration for any animal remedy, collect from the applicant for such certificate, an inspection fee of Five Dollars for each separate article registered. When an animal remedy has been registered and the inspection fee paid by the manufacturer or distributor, no other person shall be required to pay such fee.
Registration of any animal remedy may be continued in force upon the payment of an annual inspection fee of Five Dollars for each sepa-

1880

JOURNAL OF THE HOUSE,

rate product registered. Such registration must be applied for and all inspection fees paid on or before the thirty-first day of January of each year. Registration shall be applied for all inspection fees paid prior to distributing the product in the State.
Any retailer of animal remedies who has bought a supply of such remedies at a time as shown by invoice dates, when such remedies were registered, may sell or otherwise dispose of such remedies without registering them.

SECTION 13

Disposition of Pees.
All funds collected by the Department of Agriculture under this Act shall be paid into the State Treasury.

SECTION 14
Prosecution.
The Commissioner of Agriculture shall report violations of this Act and the Rules and Regulations promulgated hereunder to the proper prosecuting authorities of the Courts of this State.
Each Solicitor General or Solicitor to whom the Commissioner reports any violations of this Act or the rules and regulations promulgated hereunder shall institute appropriate proceedings in any Court of com petent jurisdiction without delay. Before any such violation is reported to any Solicitor General or Solicitor for the institution of criminal pro ceedings, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Commissioner or a designated agent, either orally or in writ ing, in person or by Attorney, with regard to such contemplated pro ceeding.
This section shall not require the Commissioner to report, for the institution of prosecution under such sections, minor violations of this Act or the Rules and Regulations promulgated hereunder if he believes the public interest will be adequately served in the circumstances by a suitable written notice of warning.

SECTION IB
Penalties.
Any person who shall violate any provision of this Act, or any standard or rule and regulation issued thereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law.
SECTION 16
In addition to the remedies provided herein, notwithstanding the existence of any remedy at law, and further notwithstanding the Pend-

TUESDAY, FEBRUARY 13, 1962

1881

ency of any criminal prosecution or any civil action, the Commissioner is authorized to apply to the Superior Court having jurisdiction and the Court is hereby authorized to grant a temporary injunction, re straining order or permanent injunction enjoining the violation of this Act, the Rules and Regulations promulgated hereunder the refusal to comply with the provisions of this Act, or the threats or expressed intent to violate the provisions of this Act, and such proceedings may be maintained without bond.

SECTION 17

The provisions of this Act shall be cumulative in nature to other laws pertaining to animal remedy heretofore provided for the protection of animal health.

SECTION 18

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Akins Andrews of Stephens Andrews of Hall Barber Barnett of Wilkes Barnett of Baker Baughman Black Boggs Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Coker Collins

Cox Crawford Crowe Culpepper Davis Dickey Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Flynt Fordham Fowler of Douglas Funk Hale Hall of Lee Harrell Howard Hull

Joiner Jordan Keadle Kelly Keyton Killian Kirkland Knight of Berrien Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen Milhollin Mixon Moate Moore Morgan

1882
Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Payton Phillips of Bibb Poole Purcell Rowland

JOURNAL OF THE HOUSE,
Rutland Sheffield Shuman Simmons Sinclair Singer Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland

Stuckey Tabb Taylor of Bibb Teague Underwood of Taylor Waldrop Watson Wells of Oconee White Williams of Coffee Williams of Hall Willingham Young

Those not voting were Messrs.:

Abney Arnsdorff Ballard
Barrett Birdsong Blalock Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Budd Caldwell Cloer Cocke Conner Deen Dicus Dollar Duncan of Carroll Floyd Fowler of Treutlen Fuqua Greene Hall of Floyd Henderson Hill Hodges Horton Hurst
Johnson Jones of Liberty

Jones of Worth Jones of Lumpkin Jones of Sumter Kidd Killingsworth Kimmons
King Knight of Laurens Lane
Langford Lee of Clinch Lee of Clayton
Loggins Lokey McCracken McDonald McGarity Melton
Miller Moorman Morris Moss Parker of Screven Parker of Ware
Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Pickard
Potts Rainey Raulerson

Roberts Rodgers of Charlton Rogers of Pauldhig Roper
Ross Sangster Scarborough Scoggin Simpson Smith of Grady Smith of Fulton Tamplin Taylor of Dawson Taylor of Decatur Thornton
Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Camden Wickham
Wilkes Wilson Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, FEBRUARY 13, 1962

1883

HB 835. By Mr. Budd of Lowndes:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to clarify the license fees for trucks hauling forest prod ucts fertilizer and agricultural products and for truck-tractors pulling trailers hauling forest products; and for other purposes.

Mr. Budd of Lowndes asked unanimous consent that HB 835 be postponed until Wednesday, February 14, 1962.

The consent was granted and HB 835 was postponed until February 14, 1962.

HB 1063. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to amend Code Section 60-209 relating to the process, notice, service and publication under proceedings to secure land registration; and for other purposes.

Mr. Scarborough asked unanimous consent that HB 1063 be postponed until Wednesday, February 14, 1962.

The consent was granted and HB 1063 was postponed until February 14, 1962.

HB 1071. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend Code Section 24-2715 of the Code of Georgia of 1933 which prescribes additional duties of Clerks of Supe rior Courts and Clerks of City Courts, so as to authorize Clerks of Superior Court, from time to time, to destroy certain books; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall

Arnsdorff Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Boggs Bowen of Randolph

1884

JOURNAL OF THE HOUSE,

Bozeman Brackin Brooks of Oglethorpe Brown Busbee Bynum Chance Clark of Catoosa Cloer Coker Collins Cox Crawford Crowe Dickey Dollar Dorminy Doster Dunn Echols Fitzgerald Fleming Flexer Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hull

Joiner Keadle Kelly Keyton Killian Kirkland Knight of Berrien Lane Langford Lewis of Wilkinson Lewis of Burke Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Milhollin Miller Mixon Moate Moorman Morgan Mullis Murphy NeSmith Newton Odom Pannell Paris Parker of Screven Farmer

Phillips of Columbia Poole Purcell Rodgers of Charlton Rowland Rutland Sheffield Simmons Sinclair Smith of Fulton Smith of Habersham Smith of Whitfield Stevens Story Strickland Tabb Tamplin Taylor of Dawson Teague Thornton Twitty Underwood of Taylor Waldrop Ware Watson Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Adams Ballard Birdsong Black Blalock Bolton Bowen of Toombs Boyett Branch Brantley Brooks of Fulton Budd Caldwell Chandler Clarke of Monroe Cocke Conner Culpepper

Davis Deen Dicus Duncan of Fannin Duncan of Carroll Floyd Flynt Fordham Fowler of Treutlen Hill Hodges Howard Hurst Johnson Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter

Jordan Kidd Killingsworth Kimmons King Knight of Laurens Lee of Clinch Lee of Clayton Loggins Lokey Lovett Massee McDonald Melton Moore Morris Moss Otwell

TUESDAY, FEBRUARY 13, 1962

1885

Parker of Ware Parker of Appling Payton Pelham Phillips of Walton Phillips of Bibb Pickard Potts Rainey Raulerson Roberts Rogers of Paulding Roper Ross

Sangster Scarborough Scoggin Shuman Simpson Singer Smith of Grady Smith of Brantley Steis Stuckey Taylor of Decatur Taylor of Bibb Todd Tucker

Undercofler Underwood of
Montgomery Vaughn Walker of Lowndes Walker of Telfair Wells of Peach Wells of Camden Wickham Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 112, nays 0,

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

HB 1116. By Mr. Plexer of Glynn:
A Bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to specify the information that shall be stated in the affi davits made or the warrants issued for the arrest of an offender against the penal laws of this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Black Bolton Bowen of Randolph

Boyett Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Cloer Cocke Collins Cox Crawford

Crowe Davis Dickey Dollar Duncan of Pannin Echols Fitzgerald Flexer Fordham Fowler of Douglas Funk Hale Hall of Lee

1886

JOURNAL OF THE HOUSE,

Hall of Floyd Harrell Henderson Hull Joiner Jordan Killian Knight, of Berrien Lane Langford Lewis of Wilkinson Lewis of Burke Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen Melton Miller

Moorman Morgan Mullis Murphy NeSmith Odom Pannell Paris Parker of Screven Parker of Ware Farmer Poole Purcell Rodgers of Charlton Rogers of Paulding Rowland Rutland Sheffield Shuman Simmons Simpson

Sinclair Smith of Fulton Smith of Whitfield Stevens Story Tamplin Taylor of Dawson Teague Thornton Twitty Underwood of Taylor Waldrop Walker of Telfair Ware Watson Wells of Oconee Wilkes Williams of Hall Young

Those voting in the negative were Messrs.:

Barrett Clarke of Monroe Horton
Kelly

Keyton McCracken McGarity Phillips of Columbia

Smith of Habersham Tabb White

Those not voting were Messrs.:

Adams Birdsong Blalock Boggs Bowen of Toombs Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Chandler Coker Conner Culpepper Deen Dicus Dorminy Doster Duncan of Carroll Dunn Fleming

Floyd Flynt Fowler of Treutlen Fuqua Greene Hill Hodges Howard Hurst Johnson Jones of Liberty Jor.es of Worth Jones of Lumpkin Jones of Sumter Keadle Kidd Killingsworth Kimmons King Kirkland Knight of Laurens Lee of Clinch

Lee of Clayton Loggins Lokey Lovett McDonald Milhollin Mixon Moate Moore Morris Moss Newton Otwell Parker of Appling Payton Pelham Phillips of Walton Phillips of Bibb Pickard Potts Rainey Raulerson

TUESDAY, FEBRUARY 13, 1962

1887

Roberts Roper
Ross Sangster Scarborough
Scoggin Singer Smith of Grady
Smith of Brantley Steis

Strickland Stuckey
Taylor of Decatur Taylor of Bibb Todd
Tucker Undercofler Underwood of
Montgomery Vaughn

Walker of Lowndes Wells of Peach
Wells of Camden Wickham Williams of Coffee
Willingham Wilson Woodward
Mr. Speaker

On the passage of the Bill, the ayes were 100, nays 11.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Flexer of Glynn gave notice that at the proper time he would ask the House to reconsider its action in failing to give HB 1116 the requisite constitu tional majority.

HB 974. By Messrs. Matthews of Clarke and Killian of Glynn:
A Bill to be entitled an Act to amend Code Section 26-6301 relating to the sale or exhibition of obscene pictures, to provide for punishment for the sale of obscene literature with knowledge of its obscene character; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 1.

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

HB 1214. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act", so as to provide criteria for providing additional funds to local units which have exceptional needs for capital outlay; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1888

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 761. By Messrs. Brooks of Fulton, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to amend Section 92-3107 of Code of Georgia, which said section defines gross income, so as to provide that amounts received as pensions from the government of the United States, any state of the United States, or any political subdivi sion of Georgia, shall be exempt from taxation; and for other purposes.

The following amendment was read and adopted:
Messrs. Brooks, Smith and McClelland of Fulton move to amend HB 761 by placing a comma after the word "pensions" in line 5 of Section I thereof and by inserting after said comma the words "or for retirement as members of the armed forces," so that when so amended said sub-paragraph (6) shall read as follows:
"(6) Amounts received as pensions, or for retirement as mem bers of the armed forces, from the Government of the United States, any State of the United States, or any political subdivision of the State of Georgia ."

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, as amended, the ayes were 104, nays 0.

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

HB 1165. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to game and fish and to provide licensing and permits, so as to provide that fishing license shall be required when fishing in salt water; and for other purposes.

The following Committee amendment was read and adopted: Natural Resources Committee moves to amend HB 1165 as follows:

TUESDAY, FEBRUARY 13, 1962

1889

By striking Section 1 in its entirety.

Said Act is further amended by renumbering Section 2 to Section 1

and by striking from said Section the following:

"Said Act is further amended by striking from Section 31 thereof the last paragraph which reads as follows:",

and by inserting in lieu thereof the following:

"An Act relating to the Game and Fish Commission and to game and fish and to provide licensing and permits approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 974) and by an Act approved February 3, 1961 (Ga. Laws 1961, p. 52), is hereby amended by striking from Section 31 the last paragraph which reads as follows:"

Said Act is further amended by inserting in Section 2 after the words and figures "Combination hunting and fishing license . . . $3.25" the following sentence:

"Sports crabbing shall not be interpreted as fishing under the provisions of this Act."

Said Act is further amended by changing Section 3 to Section 2 and Section 4 to Section 3.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Ballard Barnett of Wilkes Barnett of Baker Barrett Black Bowen of Randolph Bowen of Toombs Brantley Brooks of Fulton Bynum Chance Chandler

Clark of Catoosa Cloer Collins Conner Cox Davis Deen Echols Fordham Fowler of Douglas Hall of Lee Henderson Horton

Howard Joiner Jones of Lumpkin Jordan Keadle Kimmons Lane Langford Lee of Clayton Lewis of Wilkinson Lowrey McClelland McDonald

1890

JOURNAL OF THE HOUSE,

Milhollin Miller Moorman Moss Mullis Murphy Newton Otwell Pannell Farmer Phillips of Columbia Phillips of Bibb Poole Raulerson Rodgers of Charlton Roper

Ross Rutland Scarborough Scoggin Simmons Simp son Smith of Grady Smith of Pulton Smith of Habersham Steis Strickland Stuckey Tamplin Taylor of Bibb Teague Thornton

Todd Twitty Underwood of
Montgomery Underwood of Taylor
Waldrop Walker of Telfair
Ware Wells of Peach Wells of Oconee
Wilkes Williams of Coffee Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.:

Abney Adams Andrews of Hall Arnsdorff
Barber Baughman Birdsong
Boyett Bozeman Brown
Busbee Clarke of Monroe
Cocke Coker Crawford Culpepper Dickey Dollar Duncan of Fannin Dunn
Fitzgerald

Fleming Flexer Flynt Funk Harrell Hull Jones of Liberty Jones of Worth Jones of Sumter Keyton Kidd Killian Lee of Clinch Lewis of Burke Massee Matthews of Clarke Matthews of Colquitt
McCutchen McGarity Melton Mixon

Morris Odom Paris Parker of Ware Payton Pelham Pickard Potts Roberts Rowland Sheffield Shuman Sinclair Smith of Brantley Smith of Whitfield Tucker Under cofler Vaughn Watson White

Those not voting were Messrs.:

Andrews of Stephens
Blalock Boggs Bolton Brackin
Branch Brooks of Oglethorpe
Budd Caldwell Crowe Dicus

Dorminy Doster Duncan of Carroll
Floyd Fowler of Treutlen Fuqua Greene Hale Hall of Floyd Hill
Hodges

Hurst Johnson Kelly Killingsworth King Kirkland Knight of Laurens
Knight of Berrien Loggins
Lokey Lovett

TUESDAY, FEBRUARY 13, 1962

1891

Mackay
McCracken Moate Moore
Morgan NeSmith Parker of Screven Parker of Appling Phillips of Walton

Purcell
Rainey Rogers of Paulding Sangster
Singer Stevens Story Tabb Taylor of Dawson

Taylor of Decatur Walker of Lowndes Wells of Camden Wickham Woodward Young Mr. Speaker

On the passage of the Bill, as amended, the ayes were 85, nays 62.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Conner of Jeff Davis served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 1165 the requisite con stitutional majority.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 882. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend the Motor Vehicle Certificate of Title Act, so as to provide for the redefinition of a lienholder; and for other purposes.

Mr. Caldwell of Upson moved that the House insist on its position in dis agreeing to the Senate amendment to HB 882 and that a Committee of Conference on the part of the House be appointed to confer with a like Committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Confer ence on the part of the House, the following members:
Messrs. Caldwell of Upson, Duncan of Carroll and Jones of Lumpkin.
Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up for consideration and read:
HB 914. By Messrs. Rutland, Mackay and Howard of DeKalb: A Bill to be entitled an Act to amend the Minimum Foundation Program

1892

JOURNAL OF THE HOUSE,

for Education Act, so as to make uniform the method of determining the local financial ability of each county; and for other purposes.

The following amendment was read and adopted:
Mr. Rutland of DeKalb moves to amend HB 914 by renumbering Section 2 to be Section 3 and inserting a new Section 2 to read as follows:
"The effective date of this Act shall be July 1, 1962."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Black Blalock Bolton Bowen of Randolph Brantley Brown Budd Bynum Chance Chandler Cloer Cocke Crawford Crowe Culpepper Davis Deen Dicus Duncan of Fannin Fitzgerald Fleming Floyd Funk Hall of Lee

Harrell Henderson Horton Howard Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Knight of Berrien Langford Lee of Clinch Lewis of Burke Mackay Matthews of Clarke McDonald Melton Milhollin Moorman Morris Mullis NeSmith Otwell Pannell Farmer Payton Phillips of Bibb

Poole Purcell Rainey Roberts Rowland Rutland Sheffield Simpson Sinclair Smith of Grady Smith of Brantley Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Taylor of Bibb Teague Thornton Tucker Undercofler Underwood of Taylor Vaughn Waldrop Wells of Peach Wilkes Williams of Coffee Williams of Hall
Young

TUESDAY, FEBRUARY 13, 1962

1893

Those voting in the negative were Messrs.:

Brooks of Pulton Dollar Fordham Kimmons Lewis of Wilkinson Lowrey Massee

Matthews of Colquitt McClelland Morgan Murphy Phillips of Columbia Potts Raulerson

Rodgers of Charlton Scarborough Shuman Simmons Smith of Fulton White

Those not voting were Messrs.:

Abney Adams Andrews of Stephens Ballard Barrett Birdsong Boggs Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Busbee Caldwell Clark of Catoosa Clarke of Monroe Coker Collins Conner Cox Dickey Dorminy Doster Duncan of Carroll Dunn Echols Flexer Flynt Fowler of Douglas Fowler of Treutlen

Fuqua Greene Hale Hall of Floyd Hill Hodges Hull Hurst Johnson Keyton Killian Killingsworth King Kirkland Knight of Laurens Lane Lee of Clayton Loggins Lokey Lovett McCracken McCutchen McGarity Miller Mixon Moate Moore Moss Newton Odom Paris

Parker of Screven Parker of Ware Parker of Appling Pelham Phillips of Walton Pickard Rogers of Paulding Roper Ross Sangster Scoggin Singer Smith of Habersham Tamplin Taylor of Dawson Taylor of Decatur Todd Twitty Underwood of
Montgomery Walker of Lownd^s Walker of Teifair Ware Watson Wells of Oconee Wells of Camden Wickham Willingham Wilson Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 93, nays 20.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Under the General Order of Business established by the Committee on Rules, the following Resolution and Bill of the House were taken up for consideration and read the third time:

1894

JOURNAL OF THE HOUSE,

HE 628-1182. By Mr. Barber of Jackson:

A RESOLUTION

Proposing to the qualified voters of the State of Georgia an amend ment to Article VII, Section II, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section II, Paragraph I of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end thereof a new subparagraph to read:

Subparagraph 10. For school lunch purposes.

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes.

"Against ratification of amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns

TUESDAY, FEBRUARY 13, 1962

1895

for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Boggs Bozeman Brackin Brantley Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Conner Crowe Davis Deen Dicus Dollar Dorminy Duncan of Fannin Dunn

Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Treutlen Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Suniter Jordan Keadle Kelly Keyton Kidd Killian Kimmons Kirkland Knight of Berrien Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Lowrey Mackay Massee

Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Farmer Payton Pelham Phillips of Columbia Phillips of Bibb Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rutland Sangster Scarborough Scoggin Sheffield

1896

JOURNAL OF THE HOUSE,

Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland

Tabb Tamplin Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn

Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Woodward Young'

Those voting in the negative were Messrs.: Rowland

Those not voting were Messrs.:

Birdsong Bolton Bowen of Randolph Bowen of Toombs Boyett Branch Brooks of Oglethorpe Cocke Coker
Cox Crawford Culpepper Dickey Doster Duncan of Carroll Flynt Fowler of Douglas Funk Fuqua

Greene Hale Hodges Hurst Johnson Killingsworth King Knight of Laurens Lane Lee of Clayton Moate Moore Moss Parker of Ware Parker of Appling Phillips of Walton Pickard Purcell Rogers of Paulding

Roper Ross Singer Smith of Grady Stevens Stuckey Taylor of Dawson Taylor of Decatur Underwood of
Montgomery Walker of Lowndes Ware Wells of Camden Wickham Willingham Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 1.

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

HR 628-1182 was ordered immediately transmitted to the Senate.

HB 797. By Messrs. Payton of Coweta, Smith of Emanuel and others:
A Bill to be entitled an Act to provide for the licensing and disciplining of the members of the State Bar of Georgia; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1897

Mr. Abney of Walker moved that further consideration of HB 797 be in definitely postponed.

The motion prevailed and further consideration of HB 797 was indefinitely postponed.

Under the General Order of Business established by the Committee on Rules, the following Bills of the House were again taken up for consideration and read:

HB 933. By Messrs. Brantley of Candler and Lane of Bulloch:
A Bill to be entitled an Act to prohibit the use of certain language over the telephone; and for other purposes.

The following amendment was read and adopted:
Messrs. Brantley of Candler and Lane of Bulloch move to amend HB 933 by striking Section 2 in its entirety and substituting in lieu thereof the following:
"In every telephone directory published in this State after Jan uary 1, 1963, in which are listed the call numbers of any telephone located within this State, except such as are distributed solely for business advertising purposes, commonly known as classified tele phone directories, there shall be printed in type not smaller than the smallest type appearing on the same page, a notice, preceded by the word, "warning" printed in bold face type, setting forth the substance of the first Section of this Act."

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, as amended, the ayes were 118, nays 1.

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

HB 861. By Messrs. Caldwell of Upson, Ware of Troup and others:
A Bill to be entitled an Act to amend Section 68-601 of the Code so as to define "for hire" transportation of a motor common carrier; and for other purposes.

1898

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Caldwell of Upson moves to amend HB 861 by striking from the caption thereof the words "indirectly or in concert with another entity", and substituting in lieu thereof the words "or knowingly and willfully acting with another". And to further amend by striking from Section 1 of the Act the words "indirectly or in concert with another entity", and substituting in lieu thereof the words "or knowingly and willfully acting with another".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff Ballard Barber Baughman Birdsong Blalock Boggs Bozeman Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Collins Culpepper Been Dollar Dorminy Duncan of Fannin Dunn Echols Fleming F lexer Flynt Fordham Fowler of Douglas Fowler of Treutlen

Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hull Joiner Jones of Lumpkin Jones of Sumter Keadle Keyton Kidd Killian Kimmons Lane Langford Lee of Clayton Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen McDonald Melton Mixon

Moorman Morgan Mullis Murphy Paris Parker of Screven Farmer Payton Phillips of Bibb Poole Potts Purcell Raulerson Rodgers of Charlton Rutland Scoggin Sheffield Shuman Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Story Tamplin Thornton Twitty Undercofler Waldrop Walker of Telfair Ware

TUESDAY, FEBRUARY 13, 1962

1899

Wells of Peach Wells of Oconee Wells of Camden

Wilkes Wilson Young

Mr. Speaker

Those voting in the negative were Messrs.:

Abney Adams Barnett of Wilkes Barnett of Baker Clarke of Monroe Crawford Dickey Jones of Worth

Jordan Knight of Berrien Matthews of Colquitt Morris NeSmith Odom Pannell Ross

Scarborough Smith of Habersham Underwood of Taylor Vaughn Watson Williams of Hall Woodward

Those not voting were Messrs.:

Andrews of Stephens Barrett Black Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Brantley Brooks of Fulton Chandler Cloer Cocke Coker Conner Cox Crowe Davis Dicus Doster Duncan of Carroll Fitzgerald Floyd Funk Fuqua Greene

Hodges Howard Hurst Johnson Jones of Liberty Kelly Kilingsworth King Kirkland Knight of Laurens Lee of Clinch Lewis of Wilkinson Lewis of Burke McGarity Milhollin Miller Moate Moore Moss Newton Otwell Parker of Ware Parker of Appling Pelham Phillips of Columbia Phillips of Walton Pickard

Rainey Roberts Rogers of Paulding Roper Rowland Sangster Simmons Simpson Singer Stevens Strickland Stuckey Tabb Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Todd Tucker Underwood of
Montgomery Walker of Lowndes White Wickham Williams of Coffee Willingham

On the passage of the Bill, as amended, the ayes were 103, nays 23.

The Bill, having received the requisite constitutional majority, was passed, as

amended.

ij

1900

JOURNAL OF THE HOUSE,

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 862. By Messrs. Caldwell of Upson, Ware of Troup and others:
A Bill to be entitled an Act to amend Section 68-502 of the Code so as to define "for hire" transportation of a motor contract carrier; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 96, nays 14.

The Bill, having failed to receive the requisite constitutional majority, was lost.

HR 424-891. By Messrs. Matthews and Newton of Colquitt:
A RESOLUTION
Proposing an amendment to Article VII, Section I, Paragraph II of the Constitution so as to create the authorized payment for the bringing in of the first commercial oil well in this 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 GEORGIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution is hereby amended by striking therefrom the words and figures "two hundred and fifty thousand dollars ($250,000)" and inserting in lieu thereof the words and figures "five hundred thousand dollars ($500,000)", so that said Article, as so amended, shall read:
"The General Assembly shall not by vote, resolution, or order grant any donation or gratuity in favor of any person, corporation or association. The General Assembly is authorized to provide by law for the payment of five hundred thousand dollars ($500,000) 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

TUESDAY, FEBRUARY 13, 1962

1901

is hereby vested in the Director of the State Department of Mines, Mining and Geology. 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 equipment, 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.
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to increase the payment authorized for bringing in the first com mercial oil well.

"Against ratification of amendment to the Constitution so as to increase the payment authorized for bringing in the first com mercial oil well."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following substitute, offered by Messrs. Matthews and Newton of Colquitt, was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase and change the provisions relating to the authorized payment for the bring ing in of the first commercial oil or gas well in this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1902

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

Article VII, Section I, Paragraph II of the Constitution is hereby amended by striking said paragraph in its entirety and inserting in lieu thereof a new Paragraph II to read as follows:

"The General Assembly shall not by vote, resolution, or order, grant any donation or gratuity in favor of any person, cor poration or association. The General Assembly is authorized to provide by law for the payment of five hundred thousand dollars ($500,000) to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil or gas well in this State. Such well must be a commercial producing well for a period of 30 days and the determination as to whether a well qualifies is hereby vested in the Director of the State Depart ment of Mines, Mining and Geology, who shall seek the advice of experts on this subject. Such law shall provide for the distribution of said amount in any manner which the General Assembly may provide."
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to increase and change the provisions relating to the payment au thorized for bringing in the first commercial oil well.

"Against ratification of amendment to the Constitution so as to increase and change the provisions relating to the payment au thorized for bringing in the first commercial oil well."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the

TUESDAY, FEBRUARY 13, 1962

1903

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, by substitute.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Conner Crawford Crowe Culpepper Davis Been Dickey Dollar Dorminy Duncan of Fannin Dunn Fleming

Flexer Fordham Fowler of Douglas Fowler of Treutlen Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Kimmons Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland

McCracken McCutchen McGarity Melton Miller Mixon Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Farmer Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Whitfield Steis Story

1904

JOURNAL OF THE HOUSE,

Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Todd Tucker Twitty

Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Telfair Ware Watson Wells of Peach

Wells of Oconee White Wilkes Williams of Coffee Willingham Woodward Young

Those voting in the negative were Messrs.:

Horton Payton

Phillips of Bibb Ross

Smith of Habersham

Those not voting were Messrs.:

Adams Andrews of Hall Barnett of Baker Black Blalock Boggs Brackin Branch Caldwell Cloer Coker Cox Dicus Doster Duncan of Carroll Echols Fitzgerald Floyd Flynt

Fuqua
Hodges Hurst Johnson Killingsworth King Knight of Laurens Lee of Clinch Lewis of Wilkinson Loggins McDonald Milhollin Moate Moore Moss Parker of Ware Parker of Appling Pelham Phillips of Columbia

Phillips of Walton Pickard Potts Rogers of Paulding Simmons Simpson Singer Stevens Taylor of Decatur Taylor of Bibb Thornton Vaughn Walker of Lowndes Wells of Camden Wickham Williams of Hall Wilson Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 144, nays 5.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Mr. Horton of Putnam stated that he inadvertently voted "Nay" on the adoption of HR 424-891 and would like to be recorded as having voted "Aye".

HR 424-891 was ordered immediately transmitted to the Senate.

TUESDAY, FEBRUARY 13, 1962

1905

HB 1068. By Messrs. Sheffield of Brooks and Rainey of Crisp:
A Bill to be entitled an Act to amend the General Appropriations Act so as to appropriate funds for an increase in the salaries of school teachers; and for other purposes.

The House was resolved into a Committee of the Whole for the purpose of considering HB 1068, and the Speaker appointed Mr. Scoggin of Floyd as the Chairman thereof.

The Committee of the Whole arose and through its Chairman reported HB 1068 back to the House with the recommendation that the same Do Pass, by substitute.

The following Committee substitute was read:
A BILL
TO BE ENTITLED
An Act to amend an Act known as the "General Appropriations Act", approved April 5, 1961 (Ga. Laws 1961, p. 356), so as to pro vide funds for an increase in the salaries of school teachers and bus drivers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "General Appropriations Act", approved April 5, 1961 (Ga. Laws 1961, p. 356), is hereby amended by striking Paragraph (a) of Section 50 in its entirety and inserting in lieu thereof a new Paragraph (a) to read as follows:
"(a) To supplement and to become a part of the appropriation provided for the State Board of Education for educational purposes, an amount sufficient to provide a minimum of $250.00 salary in crease for State-allotted teachers and a salary increase of $100.00 for school bus drivers and for other purposes provided for under Section 7 of this Act.
Provided, however, that the supplement authorized hereunder shall be subject to all rules, regulations, restrictions and limitations set forth in Section 7 of this Act._....._____.__._. .........._....__.._ $10,000,000.00".
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

1906

JOURNAL OF THE HOUSE,

The following amendment to the Committee Substitute was read:

Sheffield of Brooks moves to amend the Committee Substitute to HB 1068 as follows:

By striking from the language quoted as Paragraph (m) in Section 1 of said Bill the following:

"Provided, however, that this amount and the amount provided in Paragraph (a) of this Section shall be the first amounts paid under the Contingent Section of this Act, and the Budget Bureau is hereby directed to make no other funds available from any source until such amounts have been paid to the Department of Education for the purposes provided. The amount appropriated in this Para graph shall be used as follows:"

and inserting in lieu thereof the following:

"Provided, however, that this amount shall be the first amount paid under the Contingent Section of this Act, and the Budget Bureau is hereby directed to make no other funds available from any source until such amount has been paid to the Department of Education for the purposes provided. The amount appropriated in this Paragraph shall be used as follows:"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Baughman Brantley Chance Jones of Worth Jones of Lumpkin Kimmons
Knight of Berrien Lewis of Wilkinson

Lovett
Lowrey Massee McDonald Miller Morris Mullis
Murphy Raulerson

Sheffield
Shuman Smith of Fulton Smith of Habersham Taylor of Bibb Wells of Oconee Williams of Hall
Young

Those voting in the negative were Messrs.:

Akins
Andrews of Stephens Andrews of Hall Barnett of Wilkes Birdsong Bolton Bowen of Randolph Boyett

Bozeman
Brooks of Fulton Brown Busbee Caldwell Clark of Catoosa Clarke of Monroe Cocke

Collins
Culpepper Dickey Dollar Duncan of Fannin Dunn Echols Funk

TUESDAY, FEBRUARY 13, 1962

1907

Greene Hall of Floyd
Harrell Henderson
Hill Howard Hull Joiner Jones of Liberty Jones of Sumter
Jordan Keadle Keyton
Kidd Langford Lewis of Burke McCracken McCutchen

Melton Mixon Moorman Moss NeSmith Newton Odom Pannell Paris Parker of Ware Farmer Payton Phillips of Bibb Poole Potts Rowland Rutland Sangster

Scarborough Sinclair Smith of Grady Story Strickland Stuckey Tabb Thornton Twitty Undercofler Underwood of
Montgomery Ware Wilkes Willingham Woodward

Those not voting were Messrs.:

Adams Arnsdorff Ballard Barber Barnett of Baker Barrett Black Blalock Boggs Bowen of Toombs Brackin Branch Brooks of Oglethorpe Budd Bynum Chandler Cloer Coker Conner Cox Crawford Crowe Davis Deen Dicus Dorminy Doster Duncan of Carroll Fitzgerald Fleming Flexer Floyd Flynt

Fordham Fowler of Douglas Fowler of Treutlen Fuqua Hale Hall of Lee Hodges
Horton Hurst Johnson Kelly Killian Killingsworth King Kirkland Knight of Laurens
Lane Lee of Clinch Lee of Clayton Loggins
Lokey Mackay Matthews of Clarke Matthews of Colquitt
McClelland McGarity Milhollin Moate Moore Morgan Otwell Parker of Screven Parker of Appling

Pelham Phillips of Columbia Phillips of Walton
Pickard Purcell Rainey Roberts Rodgers of Charlton Rogers of Paulding
Roper Ross Simmons Simpson Singer Smith of Brantley Smith of Whitfield Steis Stevens Tamplin T aylor of Dawson Taylor of Decatur Teague Todd Tucker Underwood of Taylor Vaughn Waldrop Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Camden White

1908

JOURNAL OF THE HOUSE,

Wickham Williams of Coffee

Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 26, nays 76.

The amendment was lost.

The Committee substitute to HB 1068 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, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong
Blalock Bolton Bowen of Randolph Boweri of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbea Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe

Coker Collins Conner Crawford Culpepper Davis Been Dickey Dollar Dorminy Duncan of Fannin
Dunn Echols Fitzgerald Fleming Flexer Fordham Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Joiner

Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Kimmons Kirkland Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton

TUESDAY, FEBRUARY 13, 1962

1909

Milhollin Miller Mixon Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Ware Farmer Payton Phillips of Bibb Poole Potts

Purcell Rainey Raulerson Roberts Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Story Strickland Stuckey

Tabb Tamplin Taylor of Bibb Teague Thornton Todd Twitty Undercofler Underwood of
Montgomery Walker of Telfair Ware Wells of Oconee Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Barnett of Baker Black
Brackin Branch Cloer Cocke Cox Crowe Dicus Doster Duncan of Carroll Floyd Flynt Fowler of Douglas Fowler of Treutlen Fuqua Hodges

Hurst Johnson Killingsworth King Knight of Laurens Lee of Clinch Loggins Mackay McGarity Moate Moore Parker of Screven Parker of Appling Pelham Phillips of Columbia Phillips of Walton Pickard Rodgers of Charlton Rogers of Paulding

Simmons Simpson Singer Smith of Brantley Smith of Whitfield Stevens Taylor of Dawson Taylor of Decatur Tucker Underwood of Taylor Vaughn Waldrop Walker of Lowndes Watson Wells of Peach Wells of Camden White Wickham Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 0.

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

HB 930. By Messrs. Dickey, Funk and Crawford of Chatham:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System; and for other purposes.

1910

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

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

HB 1090. By Mr. Rutland of DeKalb:
A Bill to be entitled an Act to amend the Georgia Insurance Code so as to provide that insurers may invest in obligations guaranteed by the Inter-American Development Bank; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

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

HB 1194. By Messrs. Killian and Flexer of Glynn and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act so as to increase the maxi mum amount of bonds which may be outstanding and which are issued by the Georgia State Highway Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Akins Ballard Barber Barnett of Wilkes Barrett Baughman

Birdsong
Bolton Bowen of Randolph Bowen of Toombs Boyett Brantley Brooks of Oglethorpe

Brown
Budd Chance Chandler Clark of Catoosa Clarke of Monroe Coker

TUESDAY, FEBRUARY 13, 1962

1911

Crawford Culpepper
Dickey Dollar Duncan of Pannin
Flexer Fowler of Douglas
Funk Greene Hale
Horton Hull Joiner Jones of Lumpkin Jones of Sumter Keadle Keyton Killian Knight of Berrien Lewis of Wilkinson
Lewis of Burke Loggins Lokey Lowrey

Mackay Massee Matthews of Clarke Matthews of Colquitt
McClelland McCracken McCutchen McDonald
Melton Miller
Moate Morgan Mullis Murphy NeSmith Otwell
Paris Parker of Ware Farmer
Payton Poole Purcell Roberts Rogers of Paulding

Roper Rowland Rutland Scoggin
Sheffield Sinclair Smith of Grady
Steis Story Strickland
Tabb Tamplin Taylor of Bibb Thornton
Twitty Underwood of Taylor Walker of Telfair
Ware Wells of Peach
Wells of Oconee Williams of Coffee Williams of Hall
Young

Those voting in the negative were Messrs.:

Andrews of Hall
Busbee Dorminy
Dunn Henderson Howard

Jordan Kirkland Lane Langford Milhollin

Moorman Odom Raulerson Smith of Habersham Wilkes

Those not voting were Messrs.:

Adams Andrews of Stephens Arnsdorff Barnett of Baker
Black Blalock Boggs Bozeman
Brackin Branch Brooks of Fulton Bynum Caldwell Cloer Cocke Collins Conner
Cox

Crowe Davis Deen Dicus Doster Duncan of Carroll Echols Fitzgerald Fleming
Floyd Flynt Fordham Fowler of Treutlen Fuqua Hall of Lee Hall of Floyd Harrell Hill

Hodges Hurst Johnson Jones of Liberty Jones of Worth Kelly Kidd Killingsworth Kimmons King Knight of Laurens Lee of Clinch Lee of Clayton Lovett McGarity Mixon Moore Morris

1912

JOURNAL OF THE HOUSE,

Moss Newton Pannell Parker of Screven Parker of Appling Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Potts Rainey Rodgers of Charlton Ross Sangster

Scarborough Shuman Simmons Simpson Singer Smith of Brantley Smith of Fulton Smith of Whitfield Stevens Stuckey Taylor of Dawson Taylor of Decatur Teague Todd Tucker

Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Watson Wells of Camden White Wickham Willingham Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 92, nays 16.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Flexer of Glynn gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 1194.

HB 1062. By Messrs. Scarborough of Crawford, Wells of Peach and Paris of Barrow:
A Bill to be entitled an Act to amend the Code so as to provide that fore closures and sales under power shall be considered pending litigation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 106, nays 0.

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

HB 826. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to amend the Code so as to provide that a creditor with a claim against an estate may be appointed to administer the estate; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1913

The following substitute, offered by the Committee on Judiciary, was read and adopted:
A BILL

To be entitled an Act to amend Code Section 113-1202 relating to rules for granting letters of administration, so as to provide that a creditor with either a liquidated or an unliquidated claim against an estate may be appointed to administer the estate; to provide a method of liquidating or settling such claim; to provide for the bringing of actions in connection with such claim; to provide that this Act shall apply to the administration of all estates, including those being ad ministered at the effective date of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 113-1202 relating to rules for granting letters of ad ministration, is hereby amended by striking Paragraph 5 of Code Section 113-1202 in its entirety and inserting in lieu thereof the following:

"(5.) Where no application shall be made by the next of kin, a creditor with either a liquidated or an unliquidated claim may be appointed; and among creditors, as a general rule, the one having the greatest interest shall be preferred.
"A person appointed to administer an estate may enforce a claim against the estate; provided, however, he shall not pay said claim to himself until he has liquidated said claim as follows: The administrator shall cite all persons interested in the estate as an heir, distributee, legatee, devisee, or creditor to appear at a hearing before the Ordinary in order to give such persons an opportunity to contest such claim or to consent to the liquidation of such claim. Such persons cited shall be given written notice at least 15 days prior to the hearing. The Ordinary shall give all persons an opportunity to present evidence and, in the event all persons with a substantial interest therein shall agree to a liquidation or settle ment of such claim, the Ordinary may enter an order authorizing such a liquidation or settlement. If, however, the parties shall not be able to agree on a liquidation or settlement of such claim, the Ordinary may enter an order setting out the fact that the parties have not reached an agreement as to a liquidation or settlement of such claim, and thereafter, the administrator in his individual capacity, may bring an action in a court of competent jurisdiction against the administrator in his fiduciary capacity, on said claim, in the same manner as any other creditor may bring action against a represented estate.
"This rule shall apply to the administration of all estates, in cluding those in the process of being administered at the effective date of this Act."

1914

JOURNAL OF THE HOUSE,

SECTION 2

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

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

On the passage of the Bill, by substitute, the ayes were 105, nays 0.

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

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

HR 690. By Messrs. McClelland, Smith and Brooks of Fulton:
A RESOLUTION
Commending the Buckhead Red Devils Football Team; and for other purposes.
WHEREAS, the (Atlanta) Buckhead Red Devils Football Team won the right to be designated the Pop Warner Championship Team of Georgia; and
WHEREAS, the Red Devils defeated the Little Orangemen of Gastonia, North Carolina, the number one Pop Warner Team of the Nation in the Lions' Bowl at Bradenton, Florida on December 29, 1961; and
WHEREAS, as a token of pride and goodwill for the State of Georgia the Red Devils presented a State Flag to the Little Orangemen; and
WHEREAS, under the able leadership of Honorable Bob Blackwell, Head Coach, and Honorable Steve Arthur and Honorable Candler Grim, Assistant Coaches, the recreational project of the Red Devils has been in keeping with the physical fitness program as advocated by our national leaders;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the sincerest congratulations and commen dations of this Body are hereby extended to the Buckhead Red Devils Football Team, its Coach, Assistant Coaches, and Trainer.

TUESDAY, FEBRUARY 13, 1962

1915

BE IT FURTHER RESOLVED that the parents of these young sportsmen be commended for their contributions to the victories of the Red Devils.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish appropriate copies of this Resolution to Honorable Bob Blackwell, Head Coach of the Buckhead Red Devils Football Team so that each member of the Team and the coaching staff might have a copy of this Resolution as a token of our appreciation and commendation.

HR 691. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Honorable Ben W. Fortson, Jr. and Honorable Joe N. Burton; and for other purposes.
WHEREAS, Honorable Ben W. Fortson, Jr., Secretary of State, and Honorable Joe N. Burton, Assistant Secretary of State, have con tributed immeasurably to the success of this session of the General Assembly; and
WHEREAS, they have always gone out of their way to assist the members of this Body in every way possible; and
WHEREAS, the burdens of the members of this Body have always been much lighter due to the actions of Mr. Fortson and Mr. Burton;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable Ben W. Fortson, Jr. and Honorable Joe N. Burton for their many acts of kindness and thoughtfulness, and for the many services rendered to the members of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid gentlemen.
HR 692. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Relative to personnel and Committees; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House and such members of his office personnel as he might require are authorized to remain at the Capitol ten days after adjournment of the General Assembly for the purpose of completing the work in the Speaker's office.

1916

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House and so many of his staff as he deems necessary, are authorized to remain at the Capitol 30 days after the adjournment of the General Assembly for the purpose of completing records and the necessary work in this office.

The Speaker is authorized to direct the Clerk to keep the Clerk's office open between Sessions for the transaction of routine business and for the convenience of the members for such time as the Speaker deems expedient, the compensation for such not to exceed three-fourths of the per diem now fixed by law for the Clerk's office which shall include all necessary secretarial help. The Speaker of the House is authorized to open his office and use such of his personnel as required by him at any time and for any periods he deems necessary to attend to business of the House of Representatives during the interim between Sessions. The Speaker shall be paid the same as for an interim committee member and shall fix the compensation of office personnel.

BE IT FURTHER RESOLVED that the members of the Auditing, Enrolling, Engrossing and Journals Committee are authorized to remain at the Capitol 10 days after adjournment, and the Chairman thereof five additional days for the purpose of checking Bills and Resolutions, audit ing expenses, and transacting whatever other matters are necessary. Said members and the Chairman shall receive the same compensation, per diem, expenses and allowances authorized for interim committees.

BE IT FURTHER RESOLVED that the Post-master or Post-mis tress and the Assistant Postmaster or Postmistress of the House be au thorized to remain at the Capitol 5 days for the purpose of forwarding members' mail. They shall be paid same as interim committee members.

BE IT FURTHER RESOLVED that the Speaker is authorized to appoint Committees from the members of the House of Representatives to serve as legislative study committees and for any other necessary business for the State during the time that the legislature is not in session, and employ whatever assistance of any kind and fix the com pensation therefor. The Speaker is authorized to extend the time of any Committee.

All of the above named persons, who are authorized to remain over for the unfinished business of the House, shall receive the same compensation as they receive during the session, unless otherwise pro vided. The committees shall receive the regular compensation, per diem, allowances and expenses authorized for interim committees.

HR 693. By Messrs. Smith of Emanuel and Steis of Harris:
A RESOLUTION
Expressing regrets at the passing of Miss Annette McLean; and for other purposes.

TUESDAY, FEBRUARY 13, 1962

1917

WHEREAS, Miss Annette McLean, the Director of the State Mu seum of Science and Industry, passed away on February 9, 1962; and

WHEREAS, she had devoted the greater part of her life to public service and had created and maintained a museum which brought pride and credit to the State of Georgia; and

WHEREAS, her passing will be a great loss to the State of Georgia;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Miss Annette McLean and heartfelt sympathy is hereby extended to the members of her family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Miss Annette McLean.

HR 694. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to the Office of Legislative Counsel; and for other purposes.
WHEREAS, the staff of the Office of Legislative Counsel has ren dered outstanding service to the members of this Body; and
WHEREAS, the assistance given by the staff has been of in estimable value and of the highest quality; and
WHEREAS, the staff of the Office has worked many long and arduous hours in order that the members of this Body receive Bills and Resolutions at the earliest possible time after requesting them;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable Frank H. Edwards, Legislative Counsel, Hon orable Frank E. Blankenship, Chief Deputy Legislative Counsel, Honor able John H. Harper, Assistant Legislative Counsel, Honorable Richard H. Johnston, Assistant Legislative Counsel, Honorable Rene D. Kemp, Assistant Legislative Counsel, Honorable J. Douglas Stewart, Assistant Legislative Counsel, the other members of the staff and the most charm ing and efficient secretaries of the Office for their outstanding services to the members of this Body and for their many acts of courtesy and consideration shown to the members of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

1918

JOURNAL OF THE HOUSE,

HR 695. By Mr. Smith of Emanuel:

A RESOLUTION

Expressing appreciation to Honorable Jack B. Ray, Honorable Horace Hixon, and Honorable George B. Hamilton; and for other purposes.

WHEREAS, Honorable Jack B. Ray, State Treasurer, Honorable
Horace Hixon, Assistant State Treasurer, and Honorable George B. Hamilton, State Treasurer Emeritus, have rendered great service to the members of this Body; and

WHEREAS, they have given freely of their advice and counsel and the benefit of their long experience in order to assist the members of this Body in its deliberations;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable Jack B. Ray, State Treasurer, Honorable Horace Hixon, Assistant State Treasurer, and Honorable George B. Hamilton, State Treasurer Emeritus, for their help and guidance to the members of this Body.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid gentlemen.

HR 696. By Mr. Smith of Emanuel:
A RESOLUTION
Expressing appreciation to Wilby-Kincey Theatres and to Mr. Willis J. Davis; and for other purposes.
WHEREAS, the members of this Body have been issued passes to the Fox Theatre thorugh the courtesy of Wilby-Kincey Theatres and Mr. Willis J. Davis; and
WHEREAS, it is always a pleasure to attend a movie at the afore said Theatre;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed to Wilby-Kincey Theatres and to Honorable Willis J. Davis for their kindness, thoughtfulness and consideration in presenting the members of this Body with passes to the Fox Theatre.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Wilby-Kincey Theatres and to Honorable Willis J. Davis.

TUESDAY, FEBRUARY 13, 1962

1919

HR 697. By Messrs. Raulerson of Echols and Walker and Budd of Lowndes:

A RESOLUTION

Commending the Georgia Sheriff's Association for the work they are doing for underprivileged children of Georgia at the Boys' Ranch in Lowndes County, Georgia; and for other purposes.

WHEREAS, in 1958 the Georgia Sheriffs' Association became in creasingly alarmed about the juvenile delinquency in the State; and

WHEREAS, it was the feeling of the members of the Georgia Sheriffs' Association that, as the chief law enforcement officers of each county, they should do something to help combat juvenile delinquency; and

WHEREAS, they purchased 406 acres of land in Lowndes County, Georgia at considerable expense to themselves, and established a Boys' Ranch; and

WHEREAS, the purpose of the Boys' Ranch is to provide a home for boys who are underprivileged, homeless or from broken homes, so that such boys would not become delinquents; and

WHEREAS, twenty-one boys now live at the Boys' Ranch, and such boys attend the public schools in Lowndes County; and

WHEREAS, the boys are provided not only with the necessities of life but are properly guided along the right paths by the members of the Georgia Sheriffs' Association, until they are graduated from high school, and for many of them a college education is provided either through scholarships or otherwise; and

WHEREAS, all of this is made possible through the sponsorship by the Georgia Sheriffs' Associations and the contributions of the members, along with donations from others; and

WHEREAS, providing a home for boys who otherwise would, in all probability, become delinquents is highly commendable, and the Geor
gia Sheriffs' Association should be commended for such.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the Georgia Sheriffs' Association is hereby commended for establishing the Boys' Ranch in Lowndes County, Geor gia and for the wonderful work being done there in providing a home for boys as hereinbefore mentioned.

BE IT FURTHER RESOLVED that the Clerk is hereby authorized and directed to send a copy of this Resolution to Jewel Futch, Sheriff of Lowndes County, Georgia, who is President of the Georgia Sheriffs'
Association.

1920

JOURNAL OF THE HOUSE,

SR 155. By Senator Sanders of the 18th:

A RESOLUTION

Expressing regrets at the passing of Honorable James T. Plunkett; and for other purposes.
WHEREAS, Honorable James T. Plunkett, Sheriff of Richmond County, passed away on February 7, 1962; and

WHEREAS, his father was prominent in law enforcement circles before him also having passed away while in office; and

WHEREAS, Sheriff Plunkett was serving his third term as Sheriff of Richmond County, having come up through the ranks and having served in all positions relative to the sheriff's office; and

WHEREAS, he was one of the outstanding members of the Peace Officers' Association of Georgia and was a charter member of the Georgia Sheriffs' Association; and

WHEREAS, he was a native of Richmond County and received his education at Richmond Academy and at Georgia Teachers College; and

WHEREAS, he was extremely active in the civic, religious and business affairs of Augusta and Richmond County; and

WHEREAS, he was steeped in the finest traditions of the law en forcement profession and was admired and respected not only by his fellow peace officers but by the citizens of the County wherein he served; and

WHEREAS, his passing leaves a great void in the ranks of those dedicated officers whose tireless efforts enable all citizens to feel safe and secure with regards to their lives and their property, and his pass ing is a great loss not only to the citizens of Augusta and Richmond County but the entire State of Georgia;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regrets are hereby expressed at the passing of Honorable James T. Plunkett and the members of this Body do hereby extend their most heartfelt sympathy and condolences to the members of his Family.

BE IT FURTHER RESOLVED that the Secretary of State is hereby instructed to transmit a copy of this Resolution to the Family of Honor able James T. Plunkett.

The following Resolution of the House were read and referred to the Com mittee on Rules:

TUESDAY, FEBRUARY 13, 1962

1921

HR 698. By Mr. Pickard of Muscogee:

A RESOLUTION

Creating a committee to study the promotion of industry and tourism; and for other purposes.

WHEREAS, it is highly imperative that if the continued progress of the State of Georgia he maintained on a level commensurate with Georgia's natural resources and opportunities, new methods must be sought to induce new industry to establish in Georgia; and

WHEREAS, the very life blood of this State tends more and more to be stimulated and supplied by new industry and by the expansion and growth of present facilities located within the boundaries of our Sov ereign State; and

WHEREAS, it is also imperative that in order to induce people to visit Georgia that we make our State more attractive to those seeking entertainment and relaxation; and

WHEREAS, within the structure of our State Government there exists under the auspices of the Executive Department a Department of Commerce which is charged with the responsibility of encouraging new industry, helping expanding industry, and stimulating tourists in dustry of this State;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the promotion of industry and tourism. Said committee shall be com posed of five members of the House to be appointed by the Speaker. It is authorized to travel both within and without the boundaries of this State and shall work with the Department of Commerce so that no efforts will be duplicated. The committee members shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees. In order to more efficiently carry out its duties, the committee is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or avail able to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the committee shall stand abolished.

HR 699. By Messrs. Chandler of Baldwin and Melton of Spalding:
A RESOLUTION
Creating a committee to study the means for better treatment of and care for mental health patients; and for other purposes.
WHEREAS, it is incumbent upon this State to ever seek new

1922

JOURNAL OF THE HOUSE,

methods to halt the despicable and degrading diseases which affect the mind; and

WHEREAS, the problem of mental health in this State has become, and is now and will be, one of increasing importance; and

WHEREAS, the State must seek means to better care for and treat those patients with mental health problems, both adults and children; and

WHEREAS, legislative study committees have in the past been highly successful, after investigating the problems in suggesting legisla tion which has vastly improved the mental health program in this State;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study ways and means of improving the facilities for caring for patients with mental health problems and prevention of mental diseases. The Speaker shall appoint five (5) members of the House to serve on said committee. Said committee is authorized to travel within and without the State and to secure clerical assistance as needed. The members of said com mittee shall receive the same compensation, allowances, expenses and
per diem as provided by law for members of interim study committees. Said committee shall have no more than fifteeen (15) days to conduct its investigation and make its studies and shall make a report to the General Assembly on or before January 15, 1963, on which date it shall stand abolished. All funds necessary to implement the provisions of this Resolution shall come from those funds appropriated to or available to the legislative branch of the government.

HR 700. By Messrs. Tucker and Lewis of Burke:
A RESOLUTION
Creating a committee to investigate the possibility of constructing port facilities on the Savannah River in Burke County; and for other purposes.
WHEREAS, the Federal Government has expended millions of dol lars on dredging and other projects on the Savannah River in order to make it navigable as far north as Augusta, Georgia; and
WHEREAS, due to the fact that the Savannah River Plant of the United States Atomic Energy Commission is located adjacent to Burke County and it would be highly advantageous to have port facilities at such point; and
WHEREAS, there are several locations on the Savannah River in Burke County which would be ideal sites for the construction of port facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be

TUESDAY, FEBRUARY 13, 1962

1923

composed of five members of the House to be appointed by the Speaker for the purpose of studying the possibility of constructing port facilities on the Savannah River in Burke County. The Committee shall consult with the members and staff of the Georgia Ports Authority and shall be authorized to consult with other persons having a knowledge of ports and port development in this and other jurisdictions. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, but shall receive the same for not to exceed 15 days per member. The Committee shall meet within 30 days after all members are appointed for the purpose of electing a Chairman and Secretary and such other officers as deemed advisable. The Committee shall adopt its own procedures for carrying out the purposes of this Resolution. The funds necessary for this Reso lution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Commitee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

HR 701. By Mr. Caldwell of Upson:
A RESOLUTION
Creating a committee to study the payment of ad valorem taxes on motor vehicles; and for other purposes.
WHEREAS, there have been many suggestions relative to the pos sibility of collecting ad valorem taxes on motor vehicles at the time license tags are purchased; and
WHEREAS, there have been many conflicting statements issued relative to this subject and the divergent groups have advanced different theories as to how this might be accomplished; and
WHEREAS, this Body is in need of additional information on the subject;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the possibility of providing ways and means whereby ad valorem taxes on motor vehicles could be paid at the time license tags are purchased. The committee shall make comparative studies of the laws and the administration thereof of this and other states relative to this subject. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The com mittee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the committee shall stand abolished.

1924

JOURNAL OF THE HOUSE,

HR 702. By Messrs. Steis of Harris, Underwood of Taylor, Dunn of Pike, Andrews of Stephens and Akin of Union:
A RESOLUTION

Creating an interim legislative committee, relative to Defense and Veterans Affairs; and for other purposes.

WHEREAS, Civil Defense and Veterans Affairs are two important functions of government and it is the desire of this body that the mem bers of the General Assembly be constantly informed thereon; and
WHEREAS, Georgia has many Civil Defense installations and facilities; and veterans facilities; and
WHEREAS, there is need for an interim legislative committee so that a continuous liaison could be maintained between the General As sembly and the State Department of Veterans Service, Veterans Organi zations and Federal Agencies whose duties concern Veterans and Civil Defense;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee of ten members to be appointed by the Speaker of the House of Representatives from the members of the Defense Affairs Committee of the House of Representatives. The committee shall have the power and authority to study and evaluate the future needs of the State of Georgia relating to Civil Defense and Veterans facilities, to conduct studies and make in vestigations and recommendations as to the present staff and facilities of Civil Defense and Veterans facilities, to visit Civil Defense and Veterans facilities, to make studies of the laws of this State and of other States and to visit Civil Defense and Veterans facilities in this or other states and to visit facilities where the actual administration of Civil Defense and Veterans Affairs take place.
BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution shall have power and authority to meet and shall have ten (10) days each member for carrying out the purposes of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia on or before January 15, 1963 and said committee shall stand abolished as of that date.

HR 703. By Messrs. Story and Morgan of Gwinnett: A RESOLUTION
Creating an interim legislative committee to study, evaluate and

TUESDAY, FEBRUARY 13, 1962

1926

define an equitable formula for the distribution of funds appropriated to the State Highway Department; and for other purposes.

WHEREAS, annually many millions of dollars is appropriated to and expended by the State Highway Department; and

WHEREAS, certain distributions of these funds are made to the several counties of this State; and

WHEREAS, an equitable formula for the distribution of these funds to the various counties should be studied, evaluated and defined; and

WHEREAS, such a formula would allow the governing authorities of the various counties to anticipate specific sums from the State High way Department and by so doing could make advanced plans and ad vanced commitments for the purposes for which such funds could be used; and

WHEREAS, the studying, evaluation and defining of such formula would require technical study.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created an interim legislative committee to be known as the Highway Funds Study Committee to be composed of five members, which shall be from the House of Representatives to be appointed by the Speaker. The Com mittee shall have the power and authority to study, evaluate and define the equitable formula for the distribution of State Highway Funds to the various counties of the State of Georgia. The Committee shall hav power and authority to investigate and recommend any other changes in the distribution of State Highway Funds as the Committee may de termine, to conduct and make a study of the present method of dis tributing State Highway Funds. The Committee shall be authorized to study the laws of this State and of other states and the administration of similar funds in other states where necessary. The Committee shall elect a Chairman and Secretary of said Committee.

BE IT FURTHER RESOLVED that the State Highway Department shall furnish the Committee such technical and expert personnel as the Committee may deem necessary for the purpose of carrying out the terms of this Resolution.

BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution shall have power and authority to meet and shall have ten (10) days each member for carrying out the purposes of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appro priated to or available to the Legislative Branch of Government.
BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of

1926

JOURNAL OF THE HOUSE,

Georgia on or before January 15, 1963, and said committee shall stand abolished as of that date.

HR 704. By Mr. Fleming of Richmond and Budd of Lowndes:
A RESOLUTION
Creating a Committee to study the promotion of industry and tourism; and for other purposes.
WHEREAS, it is highly imperative that if the continued progress of the State of Georgia be maintained on a level commensurate with Georgia's natural resources and opportunities, new methods must be sought to induce new industry to establish in Georgia; and
WHEREAS, the very life blood of this State tends more and more to be stimulated and supplied by new industry and by the expansion and growth of present facilities located within the boundaries of our Sovereign State; and
WHEREAS, it is also imperative in order to induce people to visit Georgia that we make our State more attractive to those seeking enter tainment and relaxation; and
WHEREAS, within the structure of our State Government there exists under the auspices of the Executive Department a Department of Commerce which is charged with the responsibility of encouraging new industry, helping expanding industry, and stimulating tourists in dustry of this State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the promotion of industry and tourism. Said committee shall be com posed of five members of the House to be appointed by the Speaker. It is authorized to travel both within and without the boundaries of this State and shall work with the Department of Commerce so that no efforts will be duplicated. The committee members shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees. In order to more efficiently carry out its duties, the committees is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the committee shall stand abolished.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 9:30 o'clock and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:30 o'clock.

WEDNESDAY, FEBRUARY 14, 1962

1927

Representative Hall, Atlanta, Georgia, Wednesday, February 14, 1962.

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Reverend Robert F. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia:
Scripture 1 Peter 2:13-17
Doctor Harry Emerson Fosdick said, "In one realm after another of personal and public behavior we do not give the impression to our selves or to anybody else that we are really a Christian people." (A Faith for Tough Times, pp. 111-112). Let us pray:
Eternal God deliver us from foolish acting and living. Deliver us from corruption that destroys individual and nation alike. Help us to rise to a new order that expresses itself in the principles set forth by the teaching of the Master teacher, Jesus Christ.
Our Heavenly Father deliver each elected servant from the anxiety and fear of political uncertainty. Let each one feel Thy nearness. Be to them, O God, their refuge and strength a very present help to them as they vote for the welfare of the State.
Father give us an attitude of bravery so that we might overcome a fear that destroys. Give us courage to live a Christian life. Help us overcome cowardice that defeats life at its best. For we pray in the name of Christ who strengthens us. Amen.

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

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Boggs Bolton

Bowen of Randolph Bowen of Toomb Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Budd Busbee Bynum Caldwell Chance Clark of Catoosa

Cloer Cocke Coker Collins Cox Crawford Crowe Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll

1928

JOURNAL OF THE HOUSE,

Dunn Fitzgerald Flexer Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay

Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Milhollin Miller Moate Moore Moorman Morgan Morris Moss Mullis Murphy Nesmith Newton Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross

Rowland Rutland Sangster Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Thorn ton Tucker Twitty Undercofler Underwood of
Montgomery Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Young

Mr. Killian of Glynn asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:

HB 1194. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act so as to increase the maximum sum of the principal amount of bonds which may be outstand ing at any one time and which are issued by the Georgia State Highway Authority.

The consent was granted and the House reconsidered its action in failing to pass HB 1194.

WEDNESDAY, FEBRUARY 14, 1962

1929

Mr. Plexer of Giynn asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:

HB 1116. By Mr. Flexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to proceedings prior to attest; and for other purposes.

The consent was granted and the House reconsidered its action in failing to pass HB 1116.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 14, 1962, and submits the following:

1. HB

181. Railroad employees, safety; (Placed on Cal. to consider unfa. rpt. of Com.)

2. HB

81. Motor Vehicles, inspection

1930

JOURNAL OP THE HOUSE,

3. HB

678. Retirement System, amend

4. HB

724. Board of Workmen's Compensation (Reconsidered)

5. HB

738. County Boards of Education, members

6. HB

766. Industrial Loan Act, amend

7. HR 406- 831. Felony, maximum sentence

8. HB

835. Vehicle license, forest products (p.p.)

9. HB

860. Board of Floral Designers (reconsidered)

10. HR 417- 875. Governors to succeed themselves

11. HB

911. Budget officer, Board of Education

12. HR 450- 916. School Bus Drivers, Committee

13. HR 473- 935. Death Sentence, amend (p.p.)

14. HR 479- 950. Reapportion Senate

15. HR 501- 981. Government, certain business (p.p.)

16. HR 509- 981. Public Schools, course in Americanism

17. HB

996. Land registration, examiners

18. HB 1037. Abandonment, define

19. HB 1038. Define vagrancy, punishment

20. HB 1039. Confinement in prison

21. HB 1040. Drunkenness, define (p.p.)

22. HB 1050. Insurance, Auto liability

23. HB 1059. State Auditor, duties

24. HB 1063. Land registration, publication

25. HB 1077. Motorboats, ad valorem taxation (p.p.)

26. HB 1081. Annexing territory, method (reconsidered)

27. HB 1099. Cross-action, trial

28. HR 574-1109. Convey property, Richmond County

29. HR 575-1110. County to levy tax

30. HB 1116. Proceedings prior to arrest (p.p.)

31. HB 1121. Retirement System, credits

32. HR 583-1126. Transfer land, Hart, Stephens

33. HR 588-1131. Black Rock State Park

34. HB 1152. Appropriations Act, amend

35. HB 1177. War Veterans Museum

36. HB 1203. Intangible property, taxable situs

WEDNESDAY, FEBRUARY 14, 1962

1931

37. HR 641-1205. Atlanta Transit Authority

38. HB 1251. Civil Defense Act, emergency successors

39. HB 1252. Civil Defense Act, convene General Assembly

40. HB 1253. Civil Defense Act, emergency relocation

41. HR 661-1254. Election Laws Study Committee

42. HB 1271. Election districts, redivide

43. SB

36. Separate estate of wife--reconsidered

44. SB

55. Attachment cases, garnishment

45. SB

56. Relating to interrogatories

46. SB

57. Defensive pleadings, extend time

47. SB

58. Transact business, Ordinary

48. SB

60. Relating to attachment cases

49. SB

81. Members of military, absentee voting

50. SB

168. Admission to University of Georgia, age

51. SB

181. Director of Probation, compensation

52. SB

183. Georgia Police Academy

53. SB

193. State Examining Boards, venue

54. SB

211. State employees, Physical examination

55. SB

214. Public records, inspection

56. SB

221. Judges emeritus, pay, duties

57. SB

227. Pensions for firemen

58. SB

229. Distributing funds, municipalities

59. SB

230. Lake Lanier Development Authority

60. SB

235. Education grants, school children

61. SB

252. Compulsory school attendance

62. SB

259. Peace Officers' Benefit Fund, previous service

63. SB

278. Prohibit picketing, state property

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman
Undercofler of Sumter, Secretary

By unanimous consent, the following Bill and Resolution of the House were added to the Calendar established by the Committee on Rules for February 14, 1962:

1932

JOURNAL OF THE HOUSE,

HB 1194. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act so as to increase the maximum sum of the principal amount of bonds which may be out standing at any one time and which are issued by the Georgia State Highway Authority; and for other purposes.

HE 357-742. By Mr. Rodgers of Charlton: A Resolution compensating James Vester Yeomans; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1282. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land in said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1283. By Messrs. Dicus, Pickard and Wickham of Muscogee: A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land in said city; and for other purposes.
Referred to the Committee on Local Affairs.
HR 689-1283. By Mr. Milhollin of Coffee: A Resolution compensating Mrs. John Howard; and for other purposes.
Referred to the Committee on Appropriations.
HR 705-1283. By Mr. Brown of Hart: A Resolution proposing an amendment to the Constitution so as to create the Hart County Development Authority; and for other purposes.
Referred to the Committee on Special Judiciary.
By unanimous consent, the following Bills and Resolutions of the Senate were read the second time:
SR 157. By Senator Sanders of the 18th: A Resolution requesting the Institute of Law and Government of the School of Law and the Center for Continuing Education of the Uni-

WEDNESDAY, FEBRUARY 14, 1962

1933

versity of Georgia to conduct the Third Institute for Georgia Legislators, providing for the formation of a Program Committee; and for other purposes.

SB 285. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

SB 286. By Senator Ingram of the 42nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of White, in the County of Bartow; and for other purposes.

SB 287. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act creating the Charter for the City of Braselton so as to remove from the city limits all property owned by Jackson County Board of Education upon which is situated the Jackson County High School; and for other purposes.

SB 288. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act creating the Charter for the City of Hoschton so as to remove from the city limits all property owned by Jackson Conty Board of Education upon which is situated the Jackson County High School; and for other purposes.

SB 283. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to provide that municipalities may exchange land owned in Urban Redevelopment Areas for certain land owned by certain organizations; and for other purposes.

Mr. Smith of Grady County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 453- 918. Do Pass. HR 635-1192. Do Pass, as Amended.

1934

JOURNAL OF THE HOUSE,

HR 448- 915. Do Pass, as Amended. HR 357- 742. Do Pass. HR 328- 716. Do Pass, as Amended.
Respectfully submitted, Smith of Grady, Chairman.

Mr. Hall of Floyd County, Chairman of the Committee on Education, sub mitted the following report:
Your Committee on Education has had under consideration the following Bills and Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 249. Do Not Pass.
SB 234. Do Not Pass.
SR 144. Do Not Pass.
Respectfuly submitted,
Hall of Floyd,
Chairman.

Mr. Ballard of Newton County, Chairman of the Committee on Highways, submitted the following report: Mr. Speaker:

Your Committee on Highways has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:

SB 165. Do Pass.

Respectfuly submitted, Ballard of Newton, Chairman.

Mr. Lovett of Laurens County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the

WEDNESDAY, FEBRUARY 14, 1962

1935

following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1185. Do Not Pass. Respectfully submitted, Lovett of Laurens, Chairman.

Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 215. Do Pass. SR 142. Do Pass. SB 73. Do Pass. HB 1148. Do Pass. SB 27. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1103. Do Pass. HB 1104. Do Pass. HB 1105. Do Pass. HB 1108. Do Pass. HB 1110. Do Pass. HB 1236. Do Pass. HB 1237. Do Pass.

1936

JOURNAL OF THE HOUSE,

HB 1238. Do Pass. HB 1239. Do Pass. HB 1240. Do Pass. HB 1241. Do Pass. HB 1242. Do Pass. HB 1243. Do Pass. HB 1244. Do Pass. HB 1245. Do Pass. HB 1246. Do Pass. HB 1249. Do Pass. HB 1250. Do Pass, by Substitute. HB 1254. Do Pass. HB 1255. Do Pass. HB 1256. Do Pass. HB 1257. Do Pass. HB 1258. Do Pass, by Substitute. HB 1259. Do Pass. HB 1260. Do Pass. HB 1261. Do Pass. HB 1262. Do Pass, by Substitute. HB 1264. Do Pass. HB 1266. Do Pass, by Substitute. HB 1267. Do Pass. HB 1268. Do Pass. HB 1269. Do Pass. HB 1270. Do Pass. HB 1272. Do Pass. HB 1273. Do Pass. HB 1275. Do Pass. HB 1278. Do Pass. HB 1279. Do Pass.
HB 1281. Do Pass. HR 658-1242. Do Pass. HR 659-1242. Do Pass.

WEDNESDAY, FEBRUARY 14, 1962

1937

HR 660-1242. Do Pass.

HR 663-1275. Do Pass.

HR 664-1278. Do Pass, as Amended.

HR 667-1281. Do Pass, by Substitute.

HR 669-1281. Do Pass.

HR 668-1281. Do Pass.

SB

276. Do Pass.

SB

279. Do Pass.

SB

280. Do Pass.

SB

267. Do Pass, as Amended.

SR

148. Do Pass.

Respectfully submitted,

Underwood of Montgomery,

Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 682. Do Pass, by Substitute. HB 683. Do Pass, by Substitute.
Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lutions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SR 150. Do Pass, as Amended. HR 682. Do Pass, as Amended.

1938

JOURNAL OF THE HOUSE,

HR 684. Do Pass. HR 687. Do Pass.

Respectfully submitted, Twitty of Mitchell, Vice-Chairman.

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SR 146. Do Pass. Respectfully submitted, Bolton of Spalding, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :

SB

236. Do Pass.

SR

128. Do Pass.

HR 325- 716. Do Not Pass.

HB 1211. Do Pass.

SB

178. Do Pass.

SB

179. Do Pass.

SB

59. Do Not Pass.

HB 1212. Do Not Pass.

Respectfully submitted,

McCracken of Jefferson,

Chairman.

WEDNESDAY, FEBRUARY 14, 1962

1939

Mr. Duncan of Carroll County, Chairman of the Committee on Welfare, sub mitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 182. Do Pass. Respectfully submitted, Duncan of Carroll, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HB 1055. By Mr. Vaughn of Rockdale: A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes.
HB 1056. By Messrs. Henderson of Atkinson, Knight of Berrien and others: A Bill to amend an Act abolishing the fee system existing in the Superior Court of the Alapaha Judicial Circuit, so as to change the compensation paid to the Solicitor General; and for other purposes.
HB 1057. By Mr. Jones of Liberty: A Bill to amend an Act to incorporate the City of Hinesville, so as to empower the City of Hinesville, through its governing body, to grant franchises, licenses, easements and rights of way in the public streets, etc.; and for other purposes.
HB 1060. By Mr. Ballard of Newton: A Bill to amend an Act which incorporated and granted a new charter to the City of Covington; and for other purposes.
HB 1070. By Messrs. Bozeman and Keyton of Thomas: A Bill to amend an Act establishing a system of public Schools in the City of Thomasville; and for other purposes.

1940

JOURNAL OF THE HOUSE,

HB 1073. By Mr. Been of Bacon:
A Bill to amend an Act creating a new charter for the Town of Alma; and for other purposes.

HB 1083. By Messrs. Story and Morgan of Gwinnett:
A Bill to amend an Act creating a new charter for the City of Lawrenceville; and for other purposes.

HB 1086. By Messrs. Milhollin and Williams of Coffee and others:
A Bill to amend an Act placing the Solicitor-General of the Waycross Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor-General; and for other purposes.

HB 1087. By Mr. Lewis of Wilkinson:
A Bill to amend an Act creating a new charter for the Town of Alientown, so as to include the County of Twiggs in the town charter; and for other purposes.

HB 1088. By Mr. Lewis of Wilkinson:
A Bill to amend an Act incorporating the Town of Mclntyre, so as to change the town limits and add new territory; and for other purposes.

HB 1092. By Mr. Murphy of Haralson:
A Bill to amend an Act relating to the time of holding Superior Court in the Tallapoosa Judicial Circuit; and for other purposes.

HB 1093. By Mr. Black of Webster:
A Bill to change the salaries of certain county commissioners and clerks in certain counties; and for other purposes.

HB 1094. By Messrs. Cox and Matthews of Clarke:
A Bill to amend an Act relating to the Town of Athens, so as to provide for the acquiring of a tract of land; and for other purposes.

HB 1095. By Messrs. Brooks and McClelland of Pulton:
A Bill to amend an Act to create a new charter for the Town of Pal metto; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1941

HE 1096. By Messrs. Brooks and McClelland of Fulton:
A Bill to amend the Voters Registration Act, so as to repeal Section 4-A and provide in lieu thereof for places of registration in any county or municipally owned building in certain counties; and for other purposes.

HB 1106. By Messrs. Brooks and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of East Point, relating to election precincts; and for other purposes.

HB 1107. By Messrs. Brooks and McClelland of Fulton: A Bill to amend an Act establishing a new charter for the City of East Point, relating to the Recorders Court; and for other purposes.
HB 1109. By Messrs. Brooks and McClelland of Fulton: A Bill to amend an Act establishing a new charter for the City of East Point, relating to retirement of employees; and for other purposes.
HB 1111. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to create a system of pensions and retirement pay for officers, deputies and employees of DeKalb County; and for other purposes.
HB 1112. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to amend an Act providing in certain counties county taxes may be levied and collected for the purpose of providing reserve for public improvements and for depreciation and obsolescence of existing public buildings; and for other purposes.
HB 1113. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to amend an Act to create the City of Avondale Estates; to define its limits; to provide a commission form of government; and for other purposes.
HB 1114. By Messrs. Howard, Rutland and Mackay of DeKalb: A Bill to repeal an Act creating the DeKalb County Water Works Advisory Board; and for other purposes.
HB 1118. By Mr. Davis of Wayne: A Bill to amend an Act repealing the Charter for the Town of Screven and re-incorporating said Town as a City and changing the name thereof

1942

JOURNAL OF THE HOUSE,

to the "City of Screven" relating to utility services; and for other purposes.

HB 1119. By Mr. Stevens of Marion:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion; and for other purposes.

HB 1120. By Mr. Rodgers of Charlton:
A Bill to amend an Act providing for the districting of Charlton County into fire protection districts, so as to provide for the delection of the provision exempting incorporating municipalities from the provisions of the Act; and for other purposes.

HB 1123. By Mr. Stevens of Marion:
A Bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Marion County, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1124. By Mr. Barnett of Baker:
A Bill to provide for compensation of the Board of Education of certain counties; and for other purposes.

HB 1127. By Messrs. Pickard, Dicus and Wickham of Muscogee:
A Bill to create a Board of Commissioners of Muscogee County, to be known as "Columbus-Muscogee Board of Commissioners"; and for other purposes.

HB 1128. By Messrs. Lewis and Tucker of Burke:
A Bill to provide a maximum salary for the coroner of Burke County; and for other purposes.

HB 1130. By Mr. Miller of Elbert:
A Bill to amend an Act entitled "An Act to establish the City Court of Elberton in Elbert County"; and for other purposes.

HB 1131. By Mr. Rowland of Johnson:
A Bill to amend an Act creating a new charter for the City of Wrightsville; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1943

HB 1134. By Mr. Kirkland of Tattnall:
A Bill to amend an Act incorporating the City of Reidsville, by abolish ing the present charter of said City, so as to change the corporate limits; and for other purposes.

HB 1135. By Messrs. Twitty and Collins of Mitchell:
A Bill to amend an Act creating a new charter for the City of Camilla, so as to change the corporate limits; and for other purposes.

HB 1137. By Mr. Sheffield of Brooks:
A Bill to create a new charter for the City of Quitman; and for other purposes.

HB 1138. By Mr. McGarity of Henry:
A Bill incorporating the Town of Hampton, so as to authorize assess ments against abutting property owners for laying sewer lines; and for other purposes.

HB 1139. By Mr. McGarity of Henry:
A Bill to amend an Act relating to the charter of the Town of Locust Grove, so as to change the corporate limits of said town; and for other purposes.

HB 1140. By Mr. McGarity of Henry:
A Bill to amend an Act relating to the Town of Locust Grove; and for other purposes.

HB 1144. By Mr. Steis of Harris:
A Bill to amend an Act relating to the Clerk of the Superior Court of Harris County; so as to provide for clerical help; and for other purposes.

HB 1150. By Mr. Barrett of Cherokee: A Bill to provide the designation of the two representatives of Cherokee County as Position No. 1 and Position No. 2; and for other purposes.
HR 545. By Messrs. Barber of Jackson and Williams of Hall: A Resolution authorizing the transfer of certain real property located in Hall County; and for other purposes.

1944

JOURNAL OF THE HOUSE,

HB 585. By Mr. Undercofler of Sumter:
A Bill to amend an Act relating to the special master procedure for exercising the power of eminent domain, so as to redefine the term "condemning body" as used in the Act; and for other purposes.

HE 461-922. By Messrs. Matthews and Cox of Clarke, Morgan 'of Gwinnett and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for repayment of medical loans and scholarships by service in any prison or detention or work camp operated under the jurisdiction of the State Board of Corrections; and for other purposes.

HB 805. By Mr. Shuman of Bryan:
A Bill to create and incorporate Richmond Hill, in the County of Bryan, and grant a charter to that municipality under that name and style; and for other purposes.

HB 952. By Mr. Ross of Lincoln:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Lincoln County, so as to change the compensation of the Chairman of the Board; and for other purposes.

HB 958. By Mr. Sangster of Dooly:
A Bill to amend an Act relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes.

HB 970. By Messrs. Killian and Flexer of Glynn:
A Bill to amend an Act regulating public instruction in Glynn County, so as to provide for education beyond the High School level; and for other purposes.

HB 983. By Mr. Phillips of Columbia:
A Bill to create and incorporate the City of Martinez, in the County of Columbia, and to grant a charter to that municipality under the name and style; and for other purposes.

HB 1021. By Mr. Rogers of Paulding:
A Bill to amend an Act creating the office of Tax Commissioner of Paulding County; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1945

HB 1025. By Messrs. Busbee and Odom of Dougherty:
A Bill creating the Albany-Dougherty Payroll Development Authority; and for other purposes.

HB 1035. By Mr. Smith of Futlon:
A Bill to amend an Act providing that certain cities shall furnish pensions to officers and employees; and for other purposes.

HB 291. By Messrs. Phillips, Taylor and Thornton of Bibb:
A Bill to amend an Act relating to the punishment for certain election offenses; and for other purposes.

HB 656. By Messrs. Scoggin of Floyd and Matthews of Colquitt:
A Bill to repeal an Act which gives additional credit points to Veterans taking certain examinations given by any existing examining board or commission; and for other purposes.

HB 770. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to amend an Act relating to the State Revenue Commissioner, so as to provide for the creating of the office, appointment, term, salary, bond and oath; and for other purposes.

HB 784. By Messrs. Bolton of Spalding, Steis of Harris and others:
A Bill to amend the General Appropriations Act, so as to change the appropriation to the Department of Revenue, by adding thereto an ap propriation for the creation of a capital fund from which loans to counties may be made to defray the cost of ad valorem tax equalization programs; and for other purposes.

HB 836. By Mr. Fuqua of Richmond:
A Bill to amend an Act relating to credit unions, so as to provide that members of the Board of Directors may serve on the Credit Committee; and for other purposes.

HB 840. By Messrs. Hull and Fuqua of Richmond, Brooks and McClelland of Fulton; and others:
A Bill to amend an Act known as the Building and Loan Act by pro viding that the Secretary of State shall be the Georgia Savings and Loan Commissioner; and for other purposes.

1946

JOURNAL OF THE HOUSE,

HB 1115. By Messrs. Barber of Jackson, Hall of Floyd and others:
A Bill establishing a retirement system for teachers in public Schools and other State Supported Schools, so as to provide that the Board of Trustee of the Retirement System be required to make available funds to establish a minimum and maximum floor for each year of service up to 40 years as of July 1, 1961 for those members retired on or before that date; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 358. By Mr. Story of Gwinnett:
A Bill to amend an Act relating to the delivery of worthless checks, so as to clarify said check; to provide certain rules of evidence and presumptions in civil actions arising out of arrest or prosecution hereunder; and for other purposes.

HB 1122. By Mr. Watson of Houston:
A Bill to amend an Act incorporating the municipality of Warner Robins, so as to give the City of Warner Robins authorization to abandon a sewer easement; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:

HB 771. By Mr. Story of Gwinnett:
A Bill providing that Emeritus Officers shall receive an annual salary equal to two-thirds of the salary as provided by law for the respective offices from which said Emeritus officers have retired at the time of the appointment to an Emeritus position or $12,000.00 per annum which ever shall be the less amount; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to-wit:

HR 518. By Mr. Sangster of Dooly:
A Resolution declaring October 15th as Poetry Day; and for other purposes.

HR 519. By Messrs. Newton and Matthews of Colquitt:
A Resolution relative to driver education training in high schools; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1947

HR 600. By Messrs. Pannell of Murray, Moss of Gordon and others:
A Resolution commending the renovation of New Echota by the Georgia Historical Commission; and for other purposes.

HR 672. By Messrs. Smith of Emanuel and Undercofler of Sumter: A Resolution commending Hon. B. E. Thrasher, Jr., State Auditor; and for other purposes.
HR 674. By Messrs. Smith, McClelland and Brooks of Fulton: A Resolution to commend Betty Alien, C. H. Hildebrand, Jr., Chief of the Department of Fire, and J. F. Seagraves, Chief of the Fire Preven tion Bureau, City of Atlanta.
HR 676. By Messrs. Hull, Fleming and Fuqua of Richmond: A Resolution expressing regrets at the passing of James T. Plunkett; and for other purposes.
HR 677. By Mr. Arnsdorff of Effingham: A Resolution proclaiming March 12th of each year "Georgia Salzburger Day" in order to honor and perpetuate the memory of the Salzburgers; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to-wit:

SR 154. By Senator Gardner of the 47th:
A Resolution proposing an amendment to the Constitution so as to authorize the use of educational funds to provide Workmen's Compen sation coverage; and for other purposes.

SB 289. By Senator Harden of the 27th: A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, approved Dec. 18, 1901 (Ga. L. 1901, p. 257), as amended, so as to provide for a change in compensation of the Board; and for other purposes.
The Senate has passed, as amended by the requisite constitutional majority, the following Bill of the House to-wit:

1948

JOURNAL OF THE HOUSE,

HB 1167. By Messrs. Teague, Wilson and Willingham of Cobb:
A Bill to amend an Act providing a new Charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended by the requisite constitutional majority, the following Bills of the House to-wit:

HB 895. By Mr. Barber of Jackson:
A Bill to create and establish a Board of Physical Therapy, and to pro vide and specify all details germane and pertinent to the composition, administration and operation of same; and for other purposes.

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

HB 712. By Messrs. Kidd and Chandler of Baldwin:
A Bill to provide that school bus drivers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; and for other purposes.

The Senate has agreed to the House amendment to the following Resolution of the Senate:

SR 103. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph 3 of the Constitution of the State of Georgia of 1945, providing for tax equalization in Chat ham County; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 14, 1962

1949

HB 1215. By Messrs. Ware and Birdsong of Troup, NeSmith of Meriwether, Waldrop of Carroll; and others:
A Bill to be entitled an Act to amend an Act providing a supplemental salary for the Judge of the Superior Court of the Coweta Judicial Cir cuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1272. By Mr. Baughman of Early:
A Bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Early County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1273. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to amend an Act to provide and establish a new Charter for the City of Reynolds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

1950

JOURNAL OP THE HOUSE,

HB 1275. By Mr. Barnett of Wilkes:
A Bill to be entitled an Act to create the Washington-Wilkes Payroll Development Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1278. By Mr. Fitzgerald of Long:
A Bill to be entitled an Act to provide that it shall be unlawful to fish on the Sabbath in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1279. By Messrs. Dicus, Wickham and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act relating to ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1281. By Mr. Akins of Union: A Bill to be entitled an Act to amend an Act defining and enlarging the jurisdiction of Courts of Ordinary, so as to provide that the Clerk

WEDNESDAY, FEBRUARY 14, 1962

1951

of the Superior Court shall attend the Court of Ordinary in all cases for violation of traffic laws in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1270. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill to be entitled an Act carrying into effect the Constitutional Amendment reported in Georgia Laws, 1956, empowering the General Assembly of Georgia to consolidate and combine the Richmond County and the City Council of Augusta Tax Assessors; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1269. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to create a Board of Civil Service Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1268. By Messrs. Hull, Fleming, and Fuqua of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that the Mayor and Council shall have the power and

1952

JOURNAL OF THE HOUSE,

authority to grant to the Barringer Corporation the right to erect an overhead passageway across Ellis Street between Albion Avenue and Eighth Street; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1267. By Mr. Pannell of Murray: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Chatsworth, so as to close a certain portion of an alley in said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1259. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1257. By Mr. Miller of Elbert: A Bill to be entitled an Act to amend an Act changing the compensation

WEDNESDAY, FEBRUARY 14, 1962

1953

of the Sheriff of Elbert County from the fee system to the salary sys tem; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1256. By Mr. Miller of Elbert:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners for the County of Elbert, so as to provide for a change in the number of Commissioner Districts and to redefine the number remaining; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1255. By Mr. Miller of Elbert: A Bill to be entitled an Act placing the Clerk of the Superior Court of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1254. By Mr. Coker of Walker, Birdsong and Ware of Troup: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of West Point, so as to authorize the sale of certain prop erty ; and for other purposes.

1954

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1249. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to provide that no minor shall be placed in any private institution in Rockdale County without the consent of the Judge of the Juvenile Court of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1246. By Messrs. Brooks, McClelland and Smith of Fulton, Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to the Municipal Revenue Collector; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1245. By Messrs. Rutland, Howard and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act repealing the Juvenile Court Act and establishing Juvenile Courts in certain counties; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1955

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1244. By Messrs. Mackay, Rutland and Howard of DeKalb: A Bill to be entitled an Act to amend an Act providing for election precincts in certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1243. By Messrs. Howard, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to create in certain counties a Tax Collection Study Commission to study the collection and assessment of State and County taxes and municipal taxes of cities lying wholly in such counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1260. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, relating to box ball or bowling alleys; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1956

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1261. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the boundary of the first and second wards of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1264. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to delete the certain provisions relating to the members of the school board succeeding themselves; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 668-1281. By Messrs. Mackay, Rutland and McClelland of Pulton: A Resolution creating the Metropolitan Atlanta Transit Study Commis sion; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

WEDNESDAY, FEBRUARY 14, 1962

1957

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

SB 279. By Senator White of the 39th:
A Bill to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary basis in lieu of fees, so as to change the amount of the compensation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 276. By Senator Gardner of the 47th: A Bill to be entitled an Act authorizing emeritus offices for department heads in counties having population of more than 500,000 persons; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1103. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1958

JOURNAL OP THE HOUSE,

HB 1104. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1105. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point by extending the city limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1110. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of College Park to extend its present boundaries; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

WEDNESDAY, FEBRUARY 14, 1962

1959

HB 1108. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, by extending the city limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

SB 280. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to abolish the City Court of Lexington; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1242. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Coroner of Paulding County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1241. By Mr. Rogers of Paulding: A Bill to be entitled an Act to abolish the office of County Treasurer of Paulding County; and for other purposes.

1960

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1240. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to provide for the appointment of a County Depository for Paulding County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1250. By Messrs. Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend an Act approved February 14, 1951, creating and establishing the Civil and Criminal Court of DeKalb County and all Acts amendatory thereto to provide for the jurisdiction of said court; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA as follows:
SECTION 1
That Section 1 of the Acts of 1956 (Page 2766) be amended by striking said section in its entirety and the following being inserted in lieu thereof, said section to read as follows:

WEDNESDAY, FEBRUARY 14, 1962

1961

"Be it further enacted by the authority of foresaid, that the Civil and Criminal Court of DeKalb County shall have all the juris diction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout DeKalb County. In addi tion thereto said court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases of injury to the person or to the reputation concurrent with the Superior Courts, including not only such suits as are com menced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the Superior Court of this county or justice courts, either under the common law or by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapters 64-101, 64-102, and 64-103 of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure shall be and remain the same as that now in vogue in the justice courts of Georgia, except as otherwise herein provided.

SECTION 2

In any part or section of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, sections or portions of the Act, it being the legislative intent to enact each part and each section hereof sepa rately.

SECTION 3

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

HB 1266. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said city; and for other purposes.

1962

JOURNAL OP THE HOUSE,

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL

To be entitled an Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, is hereby amended by adding a new section thereto to be known as Section 2C, which shall read as follows:
"Section 2C. In addition to the property heretofore included within the City of Commerce, the corporate limits of said city shall include all of the following described property:
"That the corporate limits of the City of Commerce shall be as follows: Beginning at an iron pin in the center of the main line of the Southern Railway track at the depot of said Southern Rail way in the City of Commerce and extending along said railway two miles northwest, and two miles and three hundred yards along said railway southeast, and on the east side of said railroad the cor porate limits shall extend one and one-half mile from the center of said railroad track and parallel thereto, and on the west side of said railroad track the corporate limits of said city shall extend parallel with said track a distance of one mile and four hundred yards from the center of said track."

SECTION 2
Not less than 30 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, and no later than December 31, 1962, the municipal authority or official responsible for calling elections in the City of Commerce may issue the call for an election for the purpose of submitting this Act to the registered voters within the present corporate limits of the city for approval or rejection. The municipal authority or official responsible for calling elections shall set the date of such an election for a day not less than 30 no more than 60 days after the date of the issuance of the call. The said municipal authority or official shall cause the date and purpose of the election to be published once a week for two weeks preceding the date thereof in the official organ of Jackson County and the Commerce News. The ballot shall have written or printed thereon the words:
"For approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a distance of one mile around the city from the original city limits.

WEDNESDAY, FEBRUARY 14, 1962

1963

"Against approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a distance of one mile around the city from the original city limits."

All persons desiring to vote in favor of the Act shall vote for ap proval and those persons desiring to vote for rejection of the Act shall vote against approval.

After the said municipal authority or official sets the date for the election in the city it shall be the duty of the Ordinary to immediately issue the call for an election for the purpose of submitting this Act to the registered voters of the areas proposed to be annexed to the city. The Ordinary shall set the date of such election for the same day as the day set by the said municipal authority or official. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jackson County and the Commerce News. The ballot shall have written or printed thereon the words:

"For approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a distance of one mile around the city from the original city limits.
"Against approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a dis tance of one mile around the city from the original city limits."

All persons desiring to vote in favor of the Act shall vote for ap proval and those persons desiring to vote for rejection of the Act shall vote against approval.

It shall be the duty of the said municipal authority or official to hold and conduct the election within the city. He shall hold such election under the same laws, rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the said muni cipal authority or official to canvass the returns and declare and certify the result of the election in the city. It shall be the duty of the Ordinary to hold and conduct the election in the area proposed to be annexed. He shall hold such election under the same laws, rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election in the area proposed to be annexed. If a majority of the registered and qualified voters in the City of Commerce vote in the election; and if a majority of the registered and qualified voters in the City of Commerce voting in the election are for approval of the Act; and if a majority of the registered and qualified voters residing within the area to be annexed to the corporate limits of Commerce, Georgia, vote in the election; and if a majority of the registered and qualified voters residing within the area to be annexed to the corporate limits of Commerce, Georgia, voting in the election are for approval of the Act it shall become of full force and effect. If less than a majority of the registered and qualified voters in either Com merce or the area to be annexed to the corporate limits of Commerce, Georgia, fail to vote or if less than a majority of the registered and

1964

JOURNAL OF THE HOUSE,

qualified voters voting in either Commerce or the area to be annexed to the corporate limits of Commerce, Georgia, vote for approval of this Act it shall be void and of no force and effect. The Ordinary shall keep a list of the expenses incurred by him in holding the election in the area proposed to be annexed, and it shall be the duty of the City of Commerce to reimburse him for such expenses. The expenses of the election in the City shall likewise be borne by the City of Commerce. The Ordinary shall certify the results of the election in the area pro posed to be annexed to the said municipal authority or official and the said municipal authority or official in turn shall certify the results of the election within the city and the election in the area proposed to be annexed to the Secretary of State.

SECTION 3

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

HB 1258. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to provide for the registration of voters; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, particularly by an Act approved February 16, 1943 (Ga. Laws 1943, p. 1386), so as to provide for the registration of voters; to provide that the registrar shall furnish a list or book of registration at elections held in said city; to provide that where a sale of any public utility is contemplated approval of said sale must be given by the resi dents of the city in a referendum; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1965

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, particularly by an Act approved February 16, 1943 (Ga. Laws 1943, p. 1386), is hereby amended by striking Section 44 in its entirety and inserting in lieu thereof a new Section 44 to read as follows:

"Section 44. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the clerk and ex-officio treasurer or such person as may be designated by the Mayor and Council shall open a list or book of permanent registration of voters, ample notice of which shall be given by publication in a paper of said city, or by posting in two or more places for at least thirty days prior to any election, which list or book shall be finally closed for registration five days before said election, after which time no person shall be allowed to register. Each and every person registering shall give the number of the ward that he lives in and same shall be recorded by the registrar, and each and every person applying to be registered shall make oath before the registrar in whose possession the list or book or registration is, who is hereby authorized to administer the oath, which oath shall be written or printed on said list or book of registration, as follows: 'I swear that I am twenty-one years of age or will be by the time of the election now next to be held in said City of Commerce. By the next municipal election in the City of Commerce, I will have resided in the State of Georgia twelve months, and in Jackson County six months, and in the City of Commerce six months. I have paid all taxes, State, County and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote at said election.' Any person registering and voting who is not qualified to vote, according to the foregoing oath shall be guilty of the offense of a misdemeanor and shall be punished as prescribed by the general laws of the State of Georgia."

SECTION 2

Said Act is further amended by inserting therein a new Section 45 to read as follows:

"Section 45. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the registrar shall furnish the list or book of registration to the managers of the election, with an alphabetical list of the names of the voters, at the opening of the polls and a like list of the names of the different wards and the managers shall be judges of the qualifications of all registered voters."
SECTION 3
An Act entitled "An Act to amend an Act, approved August 17, 1909, providing a new Charter for the City of Commerce, in the County

1966

JOURNAL OP THE HOUSE,

of Jackson, and Acts amendatory thereof, so as to change the time for closing the registration books of the City of Commerce before elections; to repeal section 45, creating a Board of City Registrars for the City of Commerce; and for other purposes.", approved February 16, 1943 (Ga. Laws 1943, p. 1386) is hereby repealed in its entirety.

SECTION 4

Said Act is further amended by renumbering Section 114 as Section 115 and by inserting a new Section 114 to read as follows:
"Section 114. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, that whenever the Mayor and Council of the City of Commerce deem it necessary to sell any of the public utilities which are owned by the City of Commerce, they shall submit the proposal for said sale to the registered and qualified voters of Commerce for their approval or rejection. Said referendum shall be managed as other referendums except that if the sale is to be approved a majority of the registered and qualified voters must vote and a majority of those voting must vote for approval. If the conditions in the foregoing sentence are not met and a majority of the registered and qualified voters vote against said sale, said sale shall not be made."

SECTION 5

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

HB 1262. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the City of Jefferson, in the county of Jackson, approved December 12, 1899 (Ga.

WEDNESDAY, FEBRUARY 14, 1962

1967

Laws 1899, p. 214), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act incorporating the City of Jefferson, in the County of Jack son, approved December 12, 1899 (Ga. Laws 1899, p. 214), as amended, is hereby amended by striking from the first sentence of Section 1 of said Act the words "three quarters of one mile" and inserting in lieu thereof the words "one and one quarter miles", so that when so amended said Section 1 shall read as follows:

"Section 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory embraced within the limits of one and one quarter miles in every direction from the center of the public square as it is at present located in Jeffer son, in the county of Jackson, be incorporated under the name and style of the city of Jefferson, and said city of Jefferson is hereby incorporated and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes, any estate or estates, real or personal, of whatever kind or nature within the jurisdictional limits of the City of Jefferson, and may sell or otherwise dispose of the same for the benefit of said city, as to the city council may seem fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by the said city; provided, that this section shall not be so construed as to subject the corporation aforesaid to the liability of keeping any bridge or bridges or embankment, connected there with, across Curry's Creek in repair without consent of the cor poration."
SECTION 2
Not less than 30 days after the approval of this Act by the Governor and not later than June 30, 1963, it shal be the duty of the Ordinary of Jackson County to issue, upon request of the City Council of the City of Jefferson, the call for an election for the purpose of submitting this Act to the voters residing within the area to be annexed to the corporate limits of Jefferson, Georgia, by this Act, for approval or rejection. The Ordinary 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 Ordinary shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Jackson County. The ballot shall have written or printed thereon the words:

"For approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city.

1968

JOURNAL OF THE HOUSE,

"Against approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city."

Not less than 30 days after the approval of this Act by the Governor and not later than June 30, 1963, it shall be the duty of the official responsible for calling elections in the City of Jefferson to issue, upon request of the City Council of the City of Jefferson, the call for an election for the purpose of submitting this Act to the voters residing in the City of Jefferson, Georgia, for approval or rejection. The official responsible for calling elections in the City of Jefferson 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 official responsible for calling elections in the City of Jefferson shall cause the date and pur pose of the election to be published once a week for two weeks im mediately preceding the date thereof, in the official organ of Jackson County. The ballot shall have written or printed thereon the words:

"For approval of the Act changing the corporate limits of the City of Jefferson, by increasing the corporate limits a distance of one-half mile around the city.

"Against approval of the Act changing the corporate limits of the City of Jefferson, by increasing the corporate limits a distance of one-half mile around the city."

All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. A majority of the registered and qualified voters the City of Jefferson, by increasing the corporate limits a distance are for approval of the Act, and a majority of the registered and qualified voters of the area to be annexed by this Act must vote and if a majority of those voting are for approval of the Act it shall become of full force and effect. If less than a majority of those voting in the City of Jefferson vote for approval of the Act, and if less than a majority of those voting in the area to be annexed by this Act vote for approval of the Act it shall be void and of no force and effect. The expenses of such election shall be borne by the City of Jefferson and the Ordinary shall be reimbursed by the City of Jefferson for expenses incurred in holding such election. It shall be the duty of the Ordinary to hold and conduct such election in the area to be annexed by the City of Jefferson by this Act and it shall be the duty of the official whose responsibility it is to hold and conduct elections in the City of Jefferson to hold and conduct such election. Both officials shall hold such elections under the same laws, rules and regulations as govern general elections except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election held in the area to be annexed by this Act to the City of Jefferson. It shall be his further duty to certify the result thereof to the Secretary of State. It shall be the duty of the official responsible for holding elections in the City of Jefferson to canvass the returns and declare and certify the result of the election held in the City of Jefferson. It shall be his further duty to certify the result thereof to the Secretary of State.

WEDNESDAY, FEBRUARY 14, 1962

1969

SECTION 3

The notice of election issued by the officers responsible therefor as provided in Section 2 above shall contain therein a full explanation of what is to be voted on.

SECTION 4

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

HB 1276. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to change the corporate limits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1277. By Messrs. Brooks and McClelland of Fulton: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of East Point, relating to land lots; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.

1970

JOURNAL OF THE HOUSE,

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

SB 267. By Senator Veazey of the 19th:
A Bill to be entitled an Act to provide that the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all traffic violations in said counties; and for other purposes.

The following amendment, offered by the Committee on Local Affairs, was read and adopted:
Committee on Local Affairs moves to amend SB 267 as follows:
By adding the title before the words "to repeal conflicting laws"; the words "to provide for a referendum".
By adding a new Section to be known as Section 2 to read as follows:
"Section 2. Before this Act shall become effective in any such county, it must be approved by the people of any such county in a Referendum Election as hereinafter provided. In any county now having such population, it shall be the duty of the Ordinary of such county to set the date of such referendum to be held on the same date of the next general election. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of such county. The ballot shall have written or printed thereon the words:
"For approval of the Act authorizing the Clerk of the Superior Court to attend the trial of traffic cases in the Court of Ordinary and to receive a fee therefor.
"Against approval of the Act authorizing the Clerk of the Superior Court to attend the trial of traffic cases in the Court of Ordinary and to receive a fee therefor."
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by such county. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

WEDNESDAY, FEBRUARY 14, 1962

1971

For those counties which in the future come within the provisions of the population bracket provided herein, the procedure shall be the same for holding such referendum and the time limitation shall date from the date on which such county obtains such population by an official United States Census.

By renumbering the present Section 2 s Section 3.

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, by substitute, the ayes were 112, nays 0.

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

HB 1233. By Messrs. Chandler and Kidd of Baldwin:
A Bill to be entitled an Act to provide that the governing authorities of certain cities shall not enforce any ordinance relating to revenues with out first having submitted same for ratification or rejection; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
TO BE ENTITLED
An Act to provide that the governing authority of any municipality having a population therein of not less than 11,000 nor more than 12,000 according to the United States Census of 1960 or any future such census shall not enforce any ordinance, rule or regulation enacted or adopted after January 1, 1962, affecting any area outside of the corporate limits of such municipality, which would increase taxes, water rates, sanitary or garbage assessments, occupational taxes or license taxes or any other measure which would increase the revenue of said city, without having enacted or adopted an ordinance affecting the corporate limits of said municipality proportionally increasing the taxes, water rates, sanitary or garbage assessments, occupational taxes or license taxes or any other measure which would increase the revenue of said city; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of any municipality having a population therein of not less than 11,000 nor more than 12,000 according

1972

JOURNAL OF THE HOUSE,

to the United States Census of 1960 or any future such census shall not enforce any ordinance, rule or regulation enacted or adopted after January 1, 1962, affecting any area outside of the corporate limits of such municipality, which would increase taxes, water rates, sanitary or garbage assessments, occupational taxes or license taxes or any other measure which would increase the revenue of said city, without having enacted or adopted an ordinance affecting the corporate limits of said municipality proportionally increasing the taxes, water rates, sanitary or garbage assessments, occupational taxes or license taxes or any other measure which would increase the revenue of said city.

Section 2. Any ordinance, rule or regulation adopted or enacted by any governing authority as defined in this Act, contrary to the pro visions of this Act shall be null and void.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

HB 203. By Messrs. Smith, McClelland and Brooks of Fulton and Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to its employees; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 203 by strik ing sections 1 through 3 and substituting in lieu thereof the following sections:
Section 1. Any officer or employee of any joint city-county board of tax assessors which has been created or which may be created pursuant to any law applicable to such city and the county in which such city may be located in whole or in part, shall be eligible for pension benefits, for himself and his beneficiaries, under this Act as amended, to the same extent and under the same conditions as officers and employees of any such city.
Section 2. Any such officer or employee of any such board of tax assessors, now employed by any such board of tax assessors, may elect

WEDNESDAY, FEBRUARY 14, 1962

1973

to come under the provisions of this amendment by making written application to the board of trustees within six months after the approval of this Act. The applicant must agree in writing to accept the benefits and obligations under this Act as now or hereafter amended and to waive such benefits and obligations under any other Pension Act appli cable to the applicant.

Section 3. Any such officer or employee of any such board of tax assessors electing to come under this Act as now amended, who, at the time of the approval of this Act, is a participating member of any pension system of the county in which such city is located shall be given full credit for the time credited to such person by trustees of the county pension system for retirement rights. Thereupon, the board of trustees of the county system shall remit to the board of trustees of this pension system the full amount of contribution of such officer or employee, to gether with the matching fund, and all other reserves accumulated or received from any source as a contribution toward pension benefits of such officer or employee of such board of tax assessors.

Section 4. All laws and parts of laws in conflict herewith are here by repealed.

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, as amended, the ayes were 112, nays 0.

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

HR 664-1278. By Mr. Smith of Habersham:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution, is hereby amended by adding at the end thereof the following:

1974

JOURNAL OF THE HOUSE,

"The governing authority of the City of Clarkesville is hereby empowered to issue revenue bonds and to refund such bonds for the purpose of financing the acquisition, construction, reconstruction, maintenance, operation, and extension of nonprofit housing for elderly persons. Such bonds shall be issued pursuant to the pro visions of an Act known as the "Revenue Bond Law of 1937", approved March 31, 1937 (Ga. Laws 1937, p. 761), as now or here after amended. The revenue derived from the renting, leasing and furnishing of such nonprofit housing for the elderly shall be pledged to the payment of the principal and interest on the revenue bonds issued, and any such revenue not needed for such purposes shall be used to create reasonable reserves for such payment and to create reasonable reserves for future maintenance operation, and extension of such nonprofit housing for the elderly."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following amendment was read and adopted: Mr. Smith of Habersham moves to amend HR 664-1278 as follows:

WEDNESDAY, FEBRUARY 14, 1962

1975

By renumbering Section 2 as Section 3 and adding a new Section 2 which shall read as follows:

"The elected officials of the City of Clarkesville shall in no manner exercise the power of taxation to pay any bonds or revenue certificates issued under the authority granted by this Act or for the interest thereon.

The report of the Committee, which was afvorable to the adoption of the Resolution, was agreed to, as amended.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper

Dsen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton

Kidd Killian Killingsworth King Kirkland
Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clark Matthews of Colquitt McClelland McCutchen McDonald Melton Milhoilin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom

1976

JOURNAL OF THE HOUSE,

Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland

Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin T aylor of Dawson Taylor of Bibb Thornton

Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke
Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 154, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

HB 682. By Messrs. Smith, McClelland and Brooks of Fulton, Mackay, Howard and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing a system of pensions and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to increase pension benefits pro vided under said Act; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1977

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL

To be entitled an Act to amend the Act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Education of Fulton County (Georgia Laws 1945, pp. 528535) as amended, so as to increase pension benefits provided under said Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby enacted by authority of the same, that the Act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Education of Fulton County (Georgia Laws 1945, pp. 528-535) as amended, be further amended as follows:
SECTION 1

A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law.

SECTION 2

Pension payments due to all former officers and employees of the Fulton County Board of Education who have retired prior to April 1, 1955 and have been awarded pensions under the terms of this Act as amended or any prior Act of the General Assembly, and who have here tofore reached sixty-five (65) years of age or who shall hereafter reach sixty-five (65) years of age, shall be recomputed upon the following basis: The total pension benefits for each such former officer or em ployee whose period of service was 25 years or more shall be a sum equal to one-half of the average monthly salary of such former officer or employee during the last three years of his active service to the Fulton County Board of Education, but shall not exceed the sum of $150 per month. The total pension benefits for each such former officer or employee who was retired because of disability or for a period of service of less than 25 years shall be increased in the same proportion. All such persons shall receive a minimum of $4.00 per month for each full year of active service subject to the limitations set out in this Act as amended.
SECTION 3

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1978

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

HB 683. By Messrs. Smith, McClelland and Brooks of Fulton, Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees of such cities; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend the Act approved August 20, 1927, (Georgia Laws 1927, page 265 et. seq.) as amended, providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, and for other purposes, so as to provide additional pension benefits for all retired employees who have reached the age of sixty-five (65) years.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby enacted by authority of the same, that the Act approved August 20, 1927, (Georgia Laws 1927, page 265, et. seq.) to provide that cities having a population of more than 150,000 as dis closed by the United States Census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities and for other purposes, as amended, be and the same is hereby further amended as follows:
SECTION 1
Pension payments due all former officers and employees who have retired prior to April 1, 1955, and have been awarded a pension under the provisions of this Act, who have reached sixty-five (65) years of age, or who shall hereafter reach sixty-five (65) years of age, shall be recomputed upon the following basis: The total pension benefits shall be a sum equal to one-half of the average monthly salary of such former employee during the last three years of his active service to such city, but shall not exceed the sum of $150.00 per month. The pension pay ments due to persons who were retired because of disability or for a period of service less than twenty-five (25) years shall be increased in the same proportion. All such persons shall receive a minimum of $4.00 per month for each full year of active service to such city subject to the limitations set out in this Act as amended.

WEDNESDAY, FEBRUARY 14, 1962

1979

SECTION 2

Any officer elected or appointed for a definite term who is a mem ber of said pension fund, who shall fail to be reelected or reappointed, or whose office shall be abolished, shall be entitled to a pension upon the following basis: No such person shall be entitled to a pension until such person has been elected or appointed for at least four terms and who was a member of the pension fund at the time of his retirement. Such person shall thereafter be entitled to receive as a pension such percentage of the full pension provided for as his years of service bear to 25 years. Such pension shall be computed and paid in the manner provided in Section 6-306 of the Code of the City of Atlanta of 1942. Such officer shall otherwise be entitled to all the right and benefits provided in said Act for officers and employees who have or may become totally and permanently disabled. This amendment shall become retro active as of December 31, 1961.

SECTION 3

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1258. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to provide for the registration of voters; and for other purposes.

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amend ed, particularly by an Act approved February 16, 1943 (Ga. Laws 1943, p. 1386), so as to provide for the registration of voters; to provide that the registrar shall furnish a list or book of registation at elections held in said city; to provide that where a sale of any public utility is con-

1980

JOURNAL OF THE HOUSE,

templated approval of said sale must be given by the residents of the city in a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, particularly by an Act ap proved February 16, 1943 (Ga. Laws 1943, p. 1386), is hereby amended by striking Section 44 in its entirety and inserting in lieu thereof a new Section 44 to read as follows:
"Section 44. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the clerk and ex-officio treasu rer of such person as may be designated by the Mayor and Council shall open a list or book of permanent registration of voters, ample notice of which shall be given by publication in a paper of said city, or by posting in two or more places for at least thirty days prior to any election, which list or book shall be finally closed for registra tion five days before said election, after which time no person shall be allowed to register. Each and every person registering shall give the number of the ward that he lives in and same shall be recorded by the registrar, and each and every person applying to be registered shall make oath before the registrar in whose posses sion the list or book or registration is, who is hereby authorized to administe the oath, which oath shall be written or printed on said list or book of registration, as follows: 'I swear that I am twenty-one years of age or will be by the time of the election now next to be held in said City of Commerce. By the next municipal election in the City of Commerce, I will have resided in the State of Georgia twelve months, and in Jackson County six months, and in the City of Commerce six months. I have paid all taxes, State, County and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote at said election.' Any person registering and voting who is not qualified to vote, according to the foregoing oath shall be guilty of the offense of a misdemeanor and shall be punished as prescribed by the general laws of the State of Georgia."
SECTION 2
Said Act is further amended by inserting therein a new Section 45 to read as follows:
"Section 45. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the registrar shall furnish the list or book of registration to the managers of the election, with an alphabetical list of the names of the voters, at the opening of the polls and a like list of the names of the different wards and the managers shall be judges of the qualifications of all registered
SECTION 3
An Act entitled "An Act to amend an Act, approved August 17,

WEDNESDAY, FEBRUARY 14, 1962

1981

1909, providing a new charter for the City of Commerce, in the County voters."

of Jackson, and Acts amendatory thereof, so as to change the time for closing the registration books of the City of Commerce before elections; to repeal section 45, creating a Board of City Registrars for the City of Commerce; and for other purposes.", approved February 16, 1943 (Ga. Laws 1943, p. 1386) is hereby repealed in its entirety.

SECTION 4

Said Act is further amended by renumbering Section 114 as Section 115 and by inserting a new Section 114 to read as follows:

"Section 114. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, that whenever the mayor and council of the City of Commerce deem it necessary to sell any of the public utilities which are owned by the City of Commerce, they shall sub mit the proposal for said sale to the registered and qualified voters of Commerce for their approval or rejection. Said referendum shall be managed as other referendums except that if the sale is to be approved a majority of the registered and qualified voters must vote and a majority of those voting must vote for approval. If the conditions in the foregoing sentence are not met and a majority of the registered and qualified voters vote against said sale, said sale shall not be made."

SECTION 5

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 0.

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

HR 659-1242. By Mr. Moss of Gordon:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Gordon County to levy a tax not exceeding one mill on all of the taxable property in the County for the purpose of creating a fund to be used in

1982

JOURNAL OF THE HOUSE,

assisting, promoting and encouraging the location of industries in said county; to provide that such fund may be used to purchase land and erect buildings or other facilities to be rented or leased to industries; 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 IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following:

"Gordon County is hereby authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Gordon County. Such fund may be used to pay traveling, advertising, promotional expenses, and any and all ex penses necessary to encourage the location of industries in said county, and to purchase land and erect buildings or other facilities to be rented or leased to industries."

SECTION 2

When the above proposed amendment to the Constitution shall have 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 pro posed 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 submittting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize Gordon County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Gordon County.

"Against ratification of amendment to the Constitution so as to authorize Gordon County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Gordon County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this

WEDNESDAY, FEBRUARY 14, 1962

1983

State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black
Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster

Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch

Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson

1984

JOURNAL OP THE HOUSE,

Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield

Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thorn ton Todd Tucker Undercofler Underwood of
Montgomery

Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee
Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

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

HR 660-1242. By Mr. Taylor of Dawson:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Dawson County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

1985

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

"A. There is hereby created a body corporate and politic in Dawson County to be known as the Dawson County Industrial Build ing Authority, which shall be an instrumentality of Dawson County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

B. The Authority shall consist of five members. The County Commissioner shall appoint the members of said Authority. The term of the first five members shall be as follows: two shall be appointed for a term of one year; two shall be appointed for a term of two years and one shall be appointed for a term of four years. The successors of the original Authority and each successor thereafter shall serve terms of four years. Members shall be eligible for reappointment. In case of a vacancy for any reason the Com missioner shall appoint a person to serve out the remainder of such unexpired term. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Dawson County.

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer, gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

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JOURNAL OF THE HOUSE,

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Dawson County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Dawson County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a builidng, in cluding the demolition of existing structures, or through the acqui sition of an existing building and the remodeling, renovating, re constructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the

;

Authority but shall be leased or sold to one or more persons, firms

or corporations. If sold, the purchase price may be paid at one

time or in installments falling due in not more than thirty (30)

years from the date of transfer of possession. The lessee or pur

chaser shall be required to pay all costs of operating and main

taining the building or buildings and to pay rentals or installments

sufficient, together with other revenues which may be pledged for

the purpose, to retire all bonds, both principal and interest, and to

pay all other expenses which the Authority may have incurred in

connection with the undertaking.

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Dawson County.
"P. The members of the Authority shall receive no compen sation for their services to the Authority;
"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned,

WEDNESDAY, FEBRUARY 14, 1962

1987

hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Dawson County to pay any such bonds or the interest thereon nor to enforce thereof against any property of Dawson County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
1. The undertaking for which the bonds are to be issued will increase employment in Dawson County.
"2. The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser else where in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said 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 Dawson County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Dawson County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem-

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JOURNAL OP THE HOUSE,

bers of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Dawson County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Dawson County Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Dawson County Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Dawson County shall vote for rati fication thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 14, 1962

1989

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black
Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale

Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell

Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

1990

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton Hurst

Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper Sangster Sheffield

Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Oconee Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 658-1242. By Mr. Moss of Gordon:

A RESOLUTION
Proposing to the qualified voters of Gordon County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Gordon County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Gordon County herein called the issuer, to provide funds for the purchase, construction, enlarge ment, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, min-

WEDNESDAY, FEBRUARY 14, 1962

1991

ing and industry, or any combination thereof, and to provide funds for the construction, maintenance and operation of any electrical system in Gordon County. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such
terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such un dertaking shall have been paid in full.

The revenue bonds shall be payable, as to principal and inter est, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all time be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code Ann. Supp. Chap ter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Gordon County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Gordon County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."

If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for rati-

1992

JOURNAL OF THE HOUSE,

fication thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy

Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens

Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole

WEDNESDAY, FEBRUARY 14, 1962

1993

Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair Singer Smith of Grady

Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler

Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

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

HR 646-1217. By Mr. Sheffield of Brooks:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Brooks County Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification and rejection; and for other purposes.

1994

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

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

"A. There is hereby created a body corporate and politic in Brooks County to be known as the Brooks County Development Authority, which shall be an instrumentality of Brooks County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall be composed of five members. The President of the Quitman and Brooks County Chamber of Com merce, the Chairman of the Brooks County Commission, and the Mayor of the City of Quitman shall be ex officio members of the Authority. The other two members of the Authority shall be ap pointed by the Board of Commissioners of Roads and Revenues of Brooks County for a term of five years, or until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the said Board of Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of Brooks County.

"D. The powers of the Authority shall include but not be limited to, the power:

"(1) To buy, acquire, develop, improve, own operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Brooks County;

"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in dustrial plant or establishment within Brooks County which in the judgment of the Authority will be of benefit to the people of said county. The provisions of this clause shall not be construed to limit any other powers of the Authority.

"(4) To borrow money and to issue notes, bonds, and revenue certificates therefor and to sell, convey, mortgage, pledge and as sign any and all of its funds, property and income as security therefor;

WEDNESDAY, FEBRUARY 14, 1962

1995

"(5) To contract with Brooks County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name;

"(6) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority.

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Brooks County, and to make long range plans therefor;

"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(9) To designate officers to sign and act for the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Brooks County;

"F. The Authority shall have the same immunity and exemp tion for liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as provide corporation on any contractual obligation of the Authority;

"G. The members of the Authority shall receive no compensa tion for their services to-the Authority;

"H. The Authority, with the consent of the Board of Com missioners of Roads and Revenues of Brooks County, is hereby authority to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificaes, thus issued, shall be paid from the income of the Authority.
"I. The Commissioners of Roads and Revenues of Brooks County are authorized to levy a tax not exceeding three mills per dollar of assessed valuation for the purposes of the Authority. Said Commissioners may also appropriate to the Authority such amounts from its funds each year as it shall see fit, and any funds transferred from said Commissioners to the Authority shall be come part of its funds and may used by the Authority in accord ance with its powers and purposes as herein stated, or as may be hereafter defined by law.
"J. The property of the Authority shall not be subject to levy

1996

JOURNAL OF THE HOUSE,

and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Brooks County and its citizens, industry, agriculture and trade within the County of Brooks, and making long range plans for such development and expansion and to authorize the use of public funds of Brooks Coun ty for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation;

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct the Authority. The Authority shall be an instrumentality of Brooks County, and the scope of its operation shall be limited to the territory embraced within Brooks County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond the limits of Brooks County.

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Brooks County."

SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Brooks County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Brooks County Development Authority."
All persons desiring to vote in favor of adopting the proposed

WEDNESDAY, FEBRUARY 14, 1962

1997

amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Bird song Black
Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe

Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Suniter Jordan Keadle

Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis

1998

JOURNAL OF THE HOUSE,

Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross

Rowland Rutland Scarborough Scoggin Shuman Sinclair
Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Tavlor of Bibb

Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan Ne Smith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

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

HR 647-1221. By Messrs. Duncan and Waldrop of Carroll:
A RESOLUTION
Proposing to the qualified voters an amendment to Article V of the Constitution of the State of Georgia by adding, at the end thereof a

WEDNESDAY, FEBRUARY 14, 1962

1999

new section and paragraph, to create the Carrollton Payroll Develop ment Authority as a Constitutional authority and public corporation; to provide for the appointment, eligibility and tenure of members and officers; to provide for the financing of said authority; and to confer on the General Assembly the authority to prescribe by law additional powers and duties for said authority; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA as follows:

SECTION 1
That Article V of the Constitution of the State of Georgia is here by amended by adding to the end thereof a new section and paragraph to be known as Section IX, Paragraph I, which shall read as follows, to wit:
"Article V, Section IX, Paragraph I. There is hereby created a body corporate and politic to be known as the Carrollton Payroll De velopment Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and juris diction to be limited to the territory embraced by Carroll County. The County of Carroll and the City of Carrollton may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The Authority shall consists of five members who shall such con trol, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the City of Carrollton. Members of the Authority shall be the President of the Carrollton Chamber of Commerce or his successor, the Mayor of the City of Carrollton or his successor, and three other members who shall be residents of Carroll County within or without the corporate limits of the City of Carrollton. The General Assembly shall provide for appointment and terms of the members of the Authority who are not members thereof by virtue of their office.
"All Debentures and revenue anticipation certificates issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation. All lands and improvements thereon, the title to which is vested in the Authority, may be exempt from state and local taxation, as provided by the General Assembly.
"Said Authority is created for the purpose of developing and pro moting for the public good and general welfare jobs and payrolls in industry, agriculture, commerce, and natural resources and the making of long-range plans for the coordination of such development, promotion and expansion, within Carroll County, and shall specifically be author ized to enter into contracts and agreements for periods of time extend ing beyond the terms of the members of the Authority in office at the

2000

JOURNAL OP THE HOUSE,

time of such contracts and agreements. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Carroll or the City of Carrollton. The Authority is created for non-profit purposes and all property ac quired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Au thority is created.

"The specifications of certain powers herein is not intended to be exclusive, it being the intention of this amendment that all powers hereby granted, and to be granted by the General Assembly pursuant hereto, are to be liberally construed to effectuate the general purposes of said Authority as hereinabove set out.
"The powers hereby granted to the General Assembly, to the fiscal authorities of Carrollton, and to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this constitution or any general or special laws of the State."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amend ment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above pro posed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Article V of the Constitution of Georgia, creating the Carroll ton Payroll Development Authority." "Against ratification of amend ment to Article V of the Constitution of Georgia, creating the Carroll ton Payroll Development Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Carrollton shall vote for ratification thereof, this amendment shall become a part of the Constitution of the State of Georgia. 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, if such amendment be ratified, make proclamation thereof.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

WEDNESDAY, FEBRUARY 14, 1962

2001

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker
Barrett Baughman Birdsong Black Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton
Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua

Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy

Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb
Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thorn ton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach

2002
Wells of Oconee Wickham

JOURNAL OF THE HOUSE,
Wilkes Williams of Coffee

Young

Those not voting were Messrs.:

Andrews of Hall
Arnsdorff Blalock Bolton
Bowen of Toombs Clark of Catoosa
Cocke Coker Collins Conner Da vis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons
Langford Lee of Clayton Lokey MeCracken McGarity Morgan NeSmith
Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons
Simpson Smith of Fulton Story Taylor of Decatur
Teague Twitty Walker of Lowndes Wells of Caniden White Williams of Hall Willingham Wilson Woodward
Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

The Resolution, having received the requistite two-thirds constitutional majority, was adopted.

HR 639-1203. By Messrs. Rutland, Mackay and Howard of DeKalb:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishing, acquiring, constructing, improving, equipping, operat ing and administering a Junior College in the County of DeKalb; to prescribe the procedure connected therewith; to provide for the financ ing of such facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that notwithstanding any other provisions of this Constitu tion to the contrary notwithstanding, the Constitution is amended in the following particulars:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof, the following:

WEDNESDAY, FEBRUARY 14, 1962

2003

The Board of Education of DeKalb County is hereby authorized to establish, acquire, construct, maintain, operate, improve and administer a Junior College in said County. In order to accomplish the foregoing, said Board of Education is hereby authorized to acquire lands, rights-of-way, and all other adjuncts useful or con venient with said Junior College, and to issue general obligation bonds in an amount not to exceed one-half of one per cent of the gross tax digest of the DeKalb County School District, for the pur pose of capital outlay expenses and to recommend to the governing authorities of said County the levy of a tax in a sufficient amount to pay the principal and interest on the bonds which may be issued hereunder. Said Board of Education is hereby given full authority to administer the aggregate amount of bonds to be issued, the maturity dates not to exceed thirty years from date of issue, the date of issuance, and all other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of issuance to the voters of said County and the approval of such issuance by a majority of the qualified voters of said County voting on such question.

SECTION 2
In the event such bonds are issued, or in the event such Junior Col lege is established by other means, said Board of Education is hereby given full authority to recommend to the governing authority of said County the levy of a tax of not more than one mill on the net tax digest of said County School District for partially defraying operating costs, and the governing authority of said County shall make such levy in accordance with Article 8, Section 12, Paragraph 1 of the Constitution of this State. (Code Section 2-7501) Said Board shall have the authority to collect a tuition of approximately one-half the per pupil annual costs for operation from a pupil residing in the DeKalb School District to supplement said tax levy. Said Board is further given authority to collect a tuition from a non-resident pupil of approximately the annual per pupil operating and maintenance costs.

SECTION 3
The provision made herein for general obligation bonds shall be over and above the present seven per cent limit placed on School District Bonds for grades one through twelve in said School District.
The provisions made herein for the levy of taxes for operational purposes shall be over and above the millage levy for grades one through twelve in said School District.

SECTION 4
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "ayes" and "nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article 13, Section 1, Paragraph 1 of the

2004

JOURNAL OP THE HOUSE,

Constitution of the State of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said paragraph.

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

"For ratification of amendment to the Constitution so as to provide for the establishing, financing and operating a Junior College in DeKalb County and to provide the procedure connected therewith."

"Against ratification of amendment to the Constitution so as to provide for the establishing, financing and operating a Junior College in DeKalb County and to provide the procedure connected therewith."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following amendment, offered by the University System Committee, was read and adopted;
The University System Committee moves to amend HE 639-1203 by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 which shall read as follows:
SECTION 2
In the event such bonds are issued, or in the event such Junior College is established by other means, said Board of Education is hereby given full authority to recommend to the governing authority of said County the levy of a tax of not more than one mill on the net digest of said County School District for partially defraying operating costs, and the governing authority of said County shall make such levy in accordance with Article 8, Section 12, Paragraph 1 of the Constitution of this State. (Code Section 2-7501). Said Board shall collect from each pupil, who is a bona fide resident of the DeKalb School District, tuition which shall amount to at least one-half of the per pupil annual costs of operation to supplement said tax levy. Said Board shall collect from each pupil who is a non-resident of the DeKalb School District a tuition which shall amount to the annual per pupil operating and maintenance costs. Nothing herein shall prevent the granting of scholarships financed

WEDNESDAY, FEBRUARY 14, 1962

2005

from sources other than local tax sources in lieu of all or part of tuition.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn

Echols Fleming F lexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey

Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman

2006

JOURNAL OF THE HOUSE,

Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb

Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn

Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan Ne Smith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

HR 655-1231. By Mr. Roper of Greene:
A RESOLUTION
Proposing an amendment to the Constitution os as to create the Greene County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX, of the Constitution is hereby amended by adding at the end thereof the following:

WEDNESDAY, FEBRUARY 14, 1962

2007

"There is hereby created a body corporate and politic to be known as the 'Greene County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Greene County. The County of Greene may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

"The members of the Authority, their qualifications, terms, and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, power, and authority as shall be prescribed by law and the General Assem bly may pass all other necessary legislation for the implementa tion of this amendment.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as
the property, obligations and the interest of the obligations of Greene County.

"Said Authority is created for the purpose of developing, pro moting, and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordina tion of such development, promotion and expansion, within its ter ritorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia and the County of Greene. The Authority is created for non-profit pur poses and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.
"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the pur pose, to retire all indebtedness both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on

2008

JOURNAL OF THE HOUSE,

their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to create the Greene County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Greene County Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Randolph Boyett Bozeman

Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford

Crowe Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas

WEDNESDAY, FEBRUARY 14, 1962

2009

Funk Fuqua Greene
Hale Hall of Lee Hall of Floyd Harrell
Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan
Keadle Kelly Keyton Kidd
Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Logging Lovett Lowrey Mackay Massee

Matthews of Clarke Matthews of Colquitt McClelland
McCutchen McDonald Melton Milhollin
Miller Mixon Moate Moore Moorman Morris
Moss Mullis Murphy Newton Odom Otwell Pannell Paris
Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross
Rowland Rutland

Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs. :

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen
Hodges Horton

Hurst Johnson Kimmons Langford
Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelhani Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague
Twitty Walker of Lowndes Wells of Camden
White Williams of Hall Willingham Wilson Woodward Mr. Speaker

2010

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 154, nays 0.

The Resolution, having received the requistite two-thirds constitutional majority, was adopted.

HR 645-1217. By Messrs. Rutland, Howard and Mackay of DeKalb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia of 1945, as amended by amendment proposed by Georgia Laws 1958, page 582, et. seq., so as to authorize DeKalb County to levy a tax and/or charge or assessment on any business operating buses in certain areas of DeKalb County; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby resolved by the authority of same:
SECTION 1
That Article VI, Section I of the Constitution of the State of Geor gia of 1945, as amended, be, and the same is hereby further amended by adding at the end of Paragraph I of the amendment to the Consti tution ratified in the 1958 as proposed by the Resolution in Georgia Laws 1958, page 582, et. seq., the following language, "provided, how ever, DeKalb County is hereby authorized to license and regulate busi nesses regularly operating buses upon the county maintained public streets, roads and highways in the unincorporated areas of DeKalb County and to levy on such businesses an annual business license, or franchise, tax and/or charge or assessment,"
SECTION 2
When this Resolution shall have been agreed to by two-thirds (%) of the members elected to both Houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballot the words "For ratifica tion of amendment to the Constitution of the State of Georgia author izing DeKalb County to regulate business operating buses on its public streets, roads and highways." Those desiring to vote against ratifica tion of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to the Constitution of the State of Georgia authorizing DeKalb County to regulate businesses operating buses on its public streets, roads and highways."
SECTION 3
This proposed amendment shall be published before said general

WEDNESDAY, FEBRUARY 14, 1962

2011

election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of the State of Georgia, as amended, vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by laws, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Bird song Black Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar

Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King

Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia

2012

JOURNAL OP THE HOUSE,

Phillips of Walton Phillips of Bibh Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair

Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker

Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

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

HR 663-1275. By Mr. Vaughn of Rockdale:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Rockdale County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro-

WEDNESDAY, FEBRUARY 14, 1962

2013

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 V, Section IX of the Constitution is hereby amended by add ing at the end thereof a new paragraph which shall read as follows:

"A. There is hereby created a body corporate and politic in Rockdale County to be known as the Rockdale County Industrial Building Authority, which shall be an instrumentality of Rockdale County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members. The Presi dent of the Rockdale County Chamber of Commerce, the Mayor of the City of Conyers, and the Commissioner of Roads and Revenue of Rockdale County shall be ex-officio members of the Authority. In addition the ex-officio members of the Authority shall appoint two members who shall be eligible for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said ex-officio members. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Rockdale County.

"D. The powers of the Authority shall include, but not be lim ited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to

2014

JOURNAL OF THE HOUSE,

adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Rockdale County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Rockdale County, suitable for and intended for
use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings,
machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acqui sition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
" (8) To designate officers to sign and act for the Authority generally or in any specific matter;
" (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Rockdale County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;
"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if

WEDNESDAY, FEBRUARY 14, 1962

2015

said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Rockdale County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Rockdale County.

"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"1. The undertaking for which the bonds are to be issued will increase employment in Rockdale County.

"2. The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said 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 Rockdale County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Rockdale County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with refer ence to the Authority shall be liberally construed for the accom plishment of these purposes.
"M. This amendment shall be effective immediately upon proc-

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JOURNAL OF THE HOUSE,

lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Rockdale County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."
SECTION 2

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

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

"For ratification of amendment to the Constitution so as to create the Rockdale Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Rockdale Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Rockdale County shall vote for rati fication thereof, this amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 14, 1962

2017

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black
Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale

Hall of Lee Hall of Floyd Harrell Henderson
Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell

Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thorn ton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

2018

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

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

HR 669-1281. By Messrs. Rutland, Howard and Mackay of DeKalb:
A RESOLUTION
Proposing a Constitutional Amendment to clarify a Constitutional Amendment (Ga. Laws 1947, p. 1754), so as to provide for the General Assembly to prescribe the number of members of the DeKalb County Board of Education and the method of electing said members; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby resolved by the authority of same that in order to clarify the Constitutional Amendment (Ga. Laws 1947, p. 1754) prescribing the method creating and establishing school districts in De Kalb County from which the members of the Board of Education of DeKalb County shall be elected, The Constitution of the State of Georgia is hereby amended by adding to the end of the Constitutional Amend ment adopted pursuant to Resolution appearing in Georgia Laws 1947, page 1754 the following:
"The General Assembly may prescribe the number of members of the County Board of Education of DeKalb County and may pro vide that the election of the members of said board may be sub mitted to the voters in the district in which the member resides or may be submitted to all voters outside the independent school dis tricts in such manner as may be authorized by the General As sembly."

WEDNESDAY, FEBRUARY 14, 1962

2019

The following substitute, offered by the Committee on Local Affairs, was read and adopted:
A RESOLUTION

Proposing a Constitutional Amendment to clarify a Constitutional Amendment adopted pursuant to Resolution proposed by Ga. Laws 1947, p. 1754, so as to provide that the General Assembly may prescribe the number of members of the DeKalb County Board of Education and the method of electing said members; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby resolved by the authority of same:

SECTION 1

That in order to clarify the Constitutional Amendment (Ga. Laws 1947, p. 1754) prescribing the method of creating and establishing school districts in DeKalb County from which the members of the Board of Education of DeKalb County shall be elected, the Constitution of the State of Georgia is further hereby amended by adding to the end of the Constitutional Amendment adopted pursuant to Resolution appearing in Georgia Laws 1947, page 1754, the following:

"The General Assembly may prescribe the number of members constituting the Board of Education of DeKalb County and define their duties. Each member of said Board may be elected by the qualified voters only in the district in which he resides or by the qualified voters in all districts in such manner and procedure as may be authorized by the General Assembly."

SECTION 2
When this Resolution shall have been agreed to by two-thirds (%) of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballot the words: "For ratification of amendment clarifying the election of the members of the School Board of DeKalb County." Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment clarifying the election of the mem bers of the School Board of DeKalb County."

SECTION 3
This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of the State of Georgia, as amended, vote in favor of the ratification of this

2020

JOURNAL OF THE HOUSE,

amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by laws, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

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

Those voting the the in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong
Black Boggs Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster

Duncan of Fannin Duncan of Carroll Dunn Echols Fleming F lexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane

Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller
Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Ware Phillips of Bibb Poole Potts Purcell Rainey

WEDNESDAY, FEBRUARY 14, 1962

2021

Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham

Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin T aylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler

Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgars of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 154, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute:

HR 667-1281. By Mr. Stuckey of Dodge:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing body of Dodge County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the Dodge County Development Authority; to provide for powers, authority, funds, purposes and procedure connected there-

2022

JOURNAL OF THE HOUSE,

with; 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 IV, Paragraph I of the Constitution is hereby

i

amended at the end thereof the following:

"A. In addition to the purposes for which taxes may be levied by counties as provided in said Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia the Commissioner of Roads and Revenues of Dodge County be and is hereby authorized to levy an annual ad valorem tax not exceeding five mills per dollar of assessed valuation on all property located in said Dodge County not excluding any realty homestead exemption, such funds so pro duced by such levy to be used by said County in aiding and assisting in the promotion and establishing new industries and the expansion of agriculture, trade and commerce therein. Said governing body of said County may appropriate to the Authority (hereinafter created) such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may
be used by the Authority in accordance with its powers and pur poses as hereinafter provided, or as may hereafter be defined by law;

"B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Dodge County and its citizens industry, agriculture, trade and commerce within the County of Dodge and making long range plans for such develop ment and expansion and to authorize the levy of taxes and the use of public funds of said County for such purpose and in the further ance thereof there be and is hereby created a body corporate and politic in said County to be known as Dodge County Development Authority which shall be an instrumentality of Dodge County and a public corporation, hereinafter in this amendment sometimes referred to as the 'Authority';
"C. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by the Commissioner of Roads and Revenues, or by the majority of the governing body, of Dodge County. The first members shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said electing body. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the electing body of said County but there shall be no other disqualification to hold public office by reason of membership in the Authority;

WEDNESDAY, FEBRUARY 14, 1962

2023

"D. The property, obligation and the interest on the obligations
of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Dodge County;

"E. The powers of the Authority shall include but not be limited to, the power:

"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and as lessee, and convey by mortgage, security deed or other form of security instrument land, buildings and prop erty of all kinds within the limits of Dodge County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in dustrial plant or establishment within Dodge County which in the judgment of the Authority will be of benefit to the people of said County. The provisions of this clause shall not be construed to limit any other powers of the Authority;
"(4) To borrow money and to issue notes, bonds or certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with Dodge County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by laws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Dodge County, and to make long range plans therefor;
"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9) To designate officers to sign and act for the Authority generally or in any specific matter;
"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;

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JOURNAL OF THE HOUSE,

"P. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Dodge County except to the extent and in the manner as to said County as herein set forth;

"G. The Authority shall have the same immunity and exemp

tion from liability for torts and negligence as the State of Georgia

and the officers, agents and employees of the Authority when in

performance of the work of the Authority, shall have the same

t!fi..

immunity and exemption from liability for torts and negligence as

the officers, agents and employees of the State of Georgia when

in performance of their public duties or work of the State. The

Authority may be sued the same as private corporations on any

-,_

contractual obligation of the Authority;

"H. The members of the Authority shall receive no compen sation for their services to the Authority;
"I. The Authority, with the consent of the Commissioner of Roads and Revenues of Dodge County or other governing body of Dodge County, is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendemnt. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Dodge County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority is determining the cost of any under taking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspec tion, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may con tain such terms, covenants, assignment and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. The Commissioner of Roads and Revenues of Dodge County or other governing body of Dodge County by a majority vote of its members, at a regular or special meeting is hereby authorized to consent to and approve the issuance of Revenue Bonds by the Dodge County Development Authority which consent and approval may be in the form of a contract between the County and Authority and shall be recorded in the minutes of said Commissioner of Roads and Revenues of said governing body and shall show the amount, the date, the maturities and rate or rates of interest of the said bonds thus consented to and approved and when so consented to and approved shall bind the said governing body of said County then in office and their successors in office or such other authority or body of said County as may hereafter be empowered to levy taxes for the purpose of providing such funds as may be necessary to pay the principal of and interest on the said bonds consented to and ap-

WEDNESDAY, FEBRUARY 14, 1962

2025

proved and to create and maintain a reserve for that purpose. Such bonds issued by the said Authority shall be validated in the Superior Court of Dodge County in the same manner as revenue bonds of Municipalities are validated as provided in Code sections 87-815 et seq. of the Code of Georgia, and in the proceedings to validate such bonds, both the Dodge County Development Authority and the Commissioner of Roads and Revenues of Dodge County or other governing body of Dodge County shall be named as parties de fendant. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, con
firming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the said governing body or other taxing authority of said County;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within sixty (60) days after such proclamations;

"M. This amendment is self enacting and does not require any enabling legislation for it to become effective; however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the man agement and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instru mentality of Dodge County, and the scope of its operation shall be limited to the territory embraced within said County;

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority or obligations of the County to the Authority shall be construed as a debt of Dodge County within the meaning of the provisions of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro-

2026

JOURNAL OF THE HOUSE,

posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as
amended.

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

"For ratification of amendment to the Constitution so as to authorize Dodge County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and com merce and in furtherance of such purpose to create the Dodge County Development Authority and to authorize the Authority to
issue its Revenue Bonds1 and to provide the method and manner of such issuance and validation and the effect thereof.

"Against ratification of amendment to the Constitution so as to authorize Dodge County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and com merce and in furtherance of such purpose to create the Dodge County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for election 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes

Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Randolph

Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton

WEDNESDAY, FEBRUARY 14, 1962

2027

Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene Hale
Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle

Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutehen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole

Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair
Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke

Coker Collins Conner Davis Dickey Dicus Fitzgerald

Fowler of Treutlen Hodges Horton Hurst Johnson Kimmons Langford

2028

JOURNAL OF THE HOUSE,

Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven
Parker of Ware Parker of Appling Pelham

Pickard Rodgers of Charlton Roper Sangster Sheffield Simmons Simpson
Smith of Fulton Story Taylor of Decatur

Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham
Wilson Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

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

SR 148. By Senator Whisnant of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal; 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The County Board of Education and the County Board of Health of Harris County are hereby authorized and empowered to use funds of such Boards for the purpose of aiding and defraying the cost of property valuation and tax equalization and reappraisal programs in Harris County. Any such funds so used by said Boards shall be furnished to the governing authority of Harris County to be used in the same manner as other funds of the County for such purpose. The said Boards shall not carry on any such programs but are hereby only authorized to furnish funds to the governing authority for such purpose."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

WEDNESDAY, FEBRUARY 14, 1962

2029

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

"For ratification of amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris
County to use funds for a program of tax equalization and re appraisal.

"Against ratification of an amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Randolph Boyett Bozeman Brackin

Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cloer Cox Crawford Crowe Culpepper

Deen Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Greene

2030

JOURNAL OF THE HOUSE,

Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt

McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rogers of Paulding Ross Rowland Rutland Scarborough

Scoggin Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff Blalock Bolton Bowen of Toombs Clark of Catoosa Cocke Coker Collins Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges Horton

Hurst Johnson Kimmons Langford Lee of Clayton Lokey McCracken McGarity Morgan NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton Roper

Sangster Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague Twitty Walker of Lowndes Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

WEDNESDAY, FEBRUARY 14, 1962

2031

On the adoption of the Resolution, the ayes were 154, nays 0.

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

SR 103. By Senator Grayson of the 1st:
A RESOLUTION
"A Resolution, proposing to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph 3 of the Constitution of the State of Georgia of 1945, providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; by providing for reduction of ad valorem taxes on real and personal property; by providing for a division of tax revenues to benefit Chatham County and the several political subdivisions located wholly within the County of Chatham; providing for the submission of this amendment for ratification or rejection by the people of Chatham County and for other purposes."
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. That Article VII, Section I, Paragraph 3 of the Con stitution of the State of Georgia which has heretofore been amended, be and the same is hereby amended by adding thereto a new paragraph to be appropriately numbered as a part of Article VII, Section I, Para graph 3 of the Constitution of the State of Georgia of 1945 and to read as follows:
Paragraph ( ). The County Commissioners and ex-Officio Judges of Chatham County are hereby authorized to levy any county-wide tax which is not expressly prohibited by the Constitu tion of the State of Georgia. Upon the levying and collection of any such tax, the net proceeds therefrom shall be divided as follows: One-fourth (%) to be divided equally between the political sub divisions known as Savannah Beach, Town of Thunderbolt, Town of Pooler, Port Wentworth and Garden City; one-fourth (%,) to be paid to the Mayor and Aldermen of the City of Savannah; onefourth (%) to be paid to the Board of Education for the City of Savannah and County of Chatham; and one-fourth (%,) to be re tained in the treasury of Chatham County.
On the collection and receipt of said proportionate shares of any such tax revenues, the governing bodies of Chatham County and the political subdivisions named herein shall immediately reduce the ad valorem tax on real and personal property levied by the County and by each political subdivision in an amount which may be more than, but shall not be less than, fifty (50%) percent of the amount of tax received by Chatham County and each of said politi cal subdivisions. It being the intent of this provision that the ad valorem tax on real and personal property shall be reduced in the proportion that fifty (50%) percent or more of the new revenue

2032

JOURNAL OF THE HOUSE,

received bares to the total amount of ad valorem taxes actually collected during the preceding year by Chatham County and each of the political subdivisions enumerated herein and reecived a share of such new revenue.

Section II: BE IT FURTHER RESOLVED by the authority afore said that when this Amendment shall be agreed to by a two-thirds (%) vote of the members elected to each of the two (2) Houses of the Gen eral Assembly, said Amendment shall be entered on their journals with the 'yeas' and 'nays' taken thereon and shall, by the Governor, be pub lished in one newspaper in Chatham County for two (2) months previous to the time of holding the next general election at which members of the General Assembly are elected, and said Amendment shall be sub mitted to the voters of Chatham County at the next general election. All persons voting at said election in favor of adopting said proposed Amendment to the Constitution, shall have written or printed on the ballot the words, "For ratification of amendment to Article VII, Section I, Paragraph 3 of the Constitution of Georgia, providing for tax equali zation in Chatham County and in the political subdivisions located therein," and all persons opposed to the adoption of said Amendment shall have written on the ballot the words, "Against ratification of amendment to Article VII, Section I, Paragraph 3 of the Constitution of Georgia, providing for tax equalization in Chatham County and in the political subdivisions located therein."

If a majority of the electors qualified to vote for members of the General Assembly, voting thereon in Chatham County as a whole, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said Amendment shall become a part of Article VII, Section I, Paragraph 3, of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.

The following amendment, offered by the Committee on Local Affairs, was read and adopted:
The Committee on Local Affairs moves to amend SR 103 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Article VII, Section I, Paragraph III of the Con stitution of Georgia, as amended, is hereby amended by adding a new paragraph to read as follows:
Paragraph ( ) The County Commissioners and ex-Officio Judges of Chatham County are hereby authorized to levy any county wide tax which is not expressly prohibited by the State of Georgia. Upon the levying and collection of any such tax the net proceeds therefrom shall be divided as follows: one-fourth ( 1A) to be paid to the Board of Education for the City of Savannah and County1 of Chatham, one-fourth (%) to be retained in the Treasury of Chatham County, and the remaining one-half ( Vz ) to be divided

WEDNESDAY, FEBRUARY 14, 1962

2033

among the political subdivisions known as Savannah Beach, Town of Thunderbolt, Town of Pooler, Port Wentworth, Garden City, and the Mayor and Aldermen of the City of Savannah, in proportion to their populations.

Before any such special tax hereinbefore provided if said con stitutional amendment is passed shall be imposed by the authority of this constitutional amendment, the same shall be further sub mitted to the voters of Chatham County, Georgia in a referendum or at the next general election, notice of said referendum or general election shall be advertised at least thirty days before said referen dum or next general election, and the same shall be approved by a majority of the registered voters of Chatham County, Georgia authorized to vote in said referendum or next general election.

On the collection and receipt of said proportionate shares of any such tax revenues, the governing bodies of Chatham County, the Board of Education for the City of Savannah and County of Chatham, and the political subdivisions named herein shall im mediately reduce the ad valorem tax on real and personal property levied by the County, the Board of Education for the City of Sa vannah and County of Chatham, and by each political subdivision in an amount which may be more than, but shall not be less than, fifty (50%) per cent of the amount of tax received by Chatham County, the Board of Education for the City of Savannah and County of Chatham, and each of said political subdivisions. It being the intent of this provision that the ad valorem tax on real and personal property shall be reduced in the proportion that fifty (50%) per cent or more of the new revenue received bares to the total amount of ad valorem taxes actually collected during the preceding year by Chatham County, the Board of Education for the City of Savannah and County of Chatham, and each of the political subdivisions enumerated herein and received a share of such new revenue."

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker

Barrett Baughman Birdsong Black Boggs Bowen of Randolph Boyett Bozeman

Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Budd Busbee

2034

JOURNAL OP THE HOUSE,

Bynum Caldwell
Chance Chandler
Clarke of Monroe Cloer Cox
Crawford Crowe Culpepper Deen Dollar
Dorminy
Doster Duncan of Pannin
Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk
Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill
Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly
Keyton

Kidd Killian
Killingsworth King Kirkland
Knight of Laurens Knight of Berrien Lane Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey
Mackay Massee
Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton
Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis
Murphy Newton Odom Otwell Pannell Paris Farmer Payton Phillips of Columbia Phillips of Walton Phillips of Bibb
Poole Potts

Purcell Rainey Raulerson Roberts
Rogers of Paulding Ross Rowland
Rutland Scarborough Seoggin Shuman Sinclair Singer
Smith of Grady Smith of Brantley Smith of Habersham
Smith of Whitfield Steis Stevens
Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Andrews of Hall Arnsdorff
Blalock Bolton
Bowen of Toombs Clark of Catoosa Cocke Coker

Collins
Conner Davis Dickey Dicus Fitzgerald Fowler of Treutlen Hodges

Horton Hurst Johnson Kimmons Langford Lee of Clayton
Lokey McCracken

WEDNESDAY, FEBRUARY 14, 1962

2035

McGarity Morgan
NeSmith Parker of Screven Parker of Ware Parker of Appling Pelham Pickard Rodgers of Charlton

Roper Sangster
Sheffield Simmons Simpson Smith of Fulton Story Taylor of Decatur Teague

Twitty Walker of Lowndes
Wells of Camden White Williams of Hall Willingham Wilson Woodward Mr. Speaker

On the adoption of the Resolution, as amended the ayes were 154, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the committees:

SR 154. By Senator Gardner of the 47th:
A Resolution proposing an amendment to the Constitution so as to authorize the use of educational funds to provide Workmen's Compen sation coverage; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 289. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, so as to pro vide for a change in compensation of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

Under the General Order of Business established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:

HE 328-716. By Mr. Sinclair of Macon:
A Resolution to compensate Mrs. Willie Mae Hunt Collins; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Appropriations moves to amhend HR 328-716 by inserting the figure "$1001.88" in place of the figure "$1326.88" in the last paragraph of said Resolution.

2036

JOURNAL OP THE HOUSE,

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, as amended, the ayes were 111, nays 0.

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

HR 635-1192. By Mr. Chance of Twiggs:
A Resolution compensating Mr. and Mrs. Mark Pitzpatrick, and for other purposes.

The following committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 635-1192 by inserting the figures "$3,746.32" wherever the figures "$4,046.32" ap pear, and by inserting the figures "$10,000" wherever the figures "$50,000" appear in said Resolution.

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, as amended, the ayes were 111, nays 0.

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

HR 448-915. By Mr. Smith of Brantley: A Resolution compensating Vernon Strickland; and for other purposes.

The following committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 448-915 by inserting the figure "$600.00" wherever the figure "$1,019.00" appears in said Resolution.

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

WEDNESDAY, FEBRUARY 14, 1962

2037

On the adoption of the Resolution, as amended, the ayes were 111, nays 0.

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

HR 357-742. By Mr. Rodgers of Charlton:
A Resolution compensating James Vester Yeomans, and for other purposes.

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

On the adoption of the Resolution, the ayes were 111, nays 0.

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

HR 453-918. By Mr. Kirkland of Tattnall:
A Resolution to compensate Miss Sarah Lynn Rountree, and for other purposes.

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

On the adoption of the Resolution, the ayes were 111, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide for final settlements of doubtful and disputed claims subject to approval of the State Board of Workmen's Compensation; and for other purposes.

2038

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Senator Mitchell of the 43rd moves to amend HB 228 by striking therefrom Section 8 in its entirety and likewise striking any reference to Section 8 made in the caption of said Bill.

Mr. Twitty of Mitchell moved that the House disagree to the Senate amend ment and the motion prevailed.

The Senate amendment to HB 228 was disagreed to.

Under the General Order of Business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1177. By Messrs. Steis of Harris, Harrell of Fayette and others:
A Bill to be entitled an Act to create a division in the State Department of Veterans Service to be known as the Georgia War Veterans Museum, and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
Under the General Order of Business established by the Committee on Rules, the following Bills of the House were again taken up for consideration and read:
HB 1081. By Messrs. Bolton and Melton of Spalding: A Bill to be entitled an Act to provide an alternative method for annexing territory to the municipalities of this State; and for other purposes.
The following amendment was read and adopted:
Mr. Bolton of Spalding moves to amend HB 1081 as follows: "By changing the period at the end of Section 1. to a semi-

WEDNESDAY, FEBRUARY 14, 1962

2039

colon and adding the following: 'Provided, however, that the pro
visions of this Act shall not apply to any municipality within a county having a population of 100,000 or more persons according to the United States Census of 1960 or any future such census.' "

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Barnett of Wilkes Barnett of Baker Black Blalock Bolton Brooks of Fulton Busbee Bynum Chance Clarke of Monroe Coeke Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Fannin Dunn Fowler of Douglas Greene Hale Hall of Lee Harrell Henderson Howard Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

Keadle Keyton Knight of Berrien Lane Langford Lee of Clinch Lee of Colquitt Lewis of Burke Lokey Lowrey Mackey Matthews of Colquitt McCutchen Melton Milhollin Miller Mixon Moore Moorman Morris Mullis Murphy NeSmith Newton Odom Otwell Parker of Screven Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts

Raulerson Rogers of Paulding Roper Rutland Sangster Scoggin Shuman Simpson Sinclair Singer Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckey Tabb Tamplin Taylor of Bibb Todd Twitty Undercofler 'Vaughn Waldrop Ware Watson Wells of Peach Wells of Camden Wickham Wilkes Williams of Coffee Woodward Young

Those voting in the negative were Messrs.:

Funk Horton Jones of Liberty

Matthews of Clarke Williams of Hall Willingham

Wilson

2040

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams Andrews of Stephens Ballard Barber Barrett Baughman Birdsong Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brown Budd Caldwell Chandler Clark of Catoosa Cloer Coker Collins Conner Cox Crawford Dickey Dicus Doster Duncan of Carroll Echols

Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Treutlen Fuqua Hall of Floyd Hill Hodges Hull Hurst Johnson Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Lewis of Wilkinson Loggins Lovett McClelland McCracken McDonald McGarity Moate Morgan Moss

Pannell Paris Parker of Ware Parker of Appling Pickard Purcell Rainey Roberts Rodgers of Charlton Ross Rowland Scarborough Sheffield Simmons Smith of Grady Smith of Whitfield Stevens
Taylor of Dawson Taylor of Decatur Teague Thorn ton Tucker Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Walker of Telfair Wells of Oconee White Mr. Speaker

On the passage of the Bill, as amended, the ayes were 105, nays 1.

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

Mr. Teague of Cobb stated that he was absent when the vote was taken on HB 1081, but had he been present, he would have voted for the passage of the Bill.

HB 860. By Messrs. Taylor and Thornton of Bibb and others:
A Bill to be entitled an Act to create the Georgia Board of Floral Designers; and for other purposes.

The following amendments were read and adopted: Mr. Story of Gwinnett moves to amend HB 860 as follows:

WEDNESDAY, FEBRUARY 14, 1962

2041

By striking from subsection (a) of Section 7 of said Bill the fig ures "$50.00" and inserting in lieu thereof the figures "$25.00".

Mr. Murphy of Haralson moves to amend HB 860 by striking from Section 9 the term "Superior Court of Fulton County" and by insert ing in lieu thereof the words "Superior Court of the County of resi dence of the applicant".

Mr. Taylor of Bibb moves to amend HB 860 as follows:

By striking from the first sentence of Section 2 the word and figure "three (3)" and inserting in lieu thereof the word and figure "five (5)," and

By striking from sentence two of Section 2 the word "three" and inserting in lieu thereof the word "five", and

By striking the word "six" in the same sentence and inserting in lieu thereof the word "ten", and

By striking from the fifth sentence of Section 2 the word "one" from the first two places in the sentence where it is found and insert ing in lieu thereof the word "two".

By striking from Section 4 the word and figure "two (2)" and inserting in lieu thereof the word and figure "three (3)".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Barber Barnett of Baker Baughman Birdsong Black Boyett Bozeman Brown Bynum
Caldwell

Clarke of Monroe Cloer Cocke Crawford Culpepper Dickey Dorminy Duncan of Fannin Flexer Funk Henderson Hill Horton
Howard

Joiner Jones of Worth Jordan Keadle Keyton Killian King Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Burke
Lokey

2042

JOURNAL OF THE HOUSE,

' Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCutchen McDonald McGarity Milhollin Mixon Moorman Mullis NeSmith Newton Odom Paris Farmer Payton Pelham Phillips of Columbia

Poole Purcell Rainey Raulerson Roberts Rogers of Paulding Roper Ross Rowland Rutland Sangster Scoggin Shuman Sinclair Smith of Grady Smith of Fulton Smith of Whitfield Steis Story Strickland

Stuckey Tabb Tarnplin Taylor of Dawson
Taylor of Bibb Teague Thornton Todd Twitty Walker of Telfair Ware Wells of Oconee Wells of Camden Wilkes Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Barnett of Wilkes Bolton Clark of Catoosa Collins Crowe Dollar Dunn Flynt Fordham

Greene Hale Hall of Lee Harrell Jones of Liberty Kimmons Lewis of Wilkinson Melton Moss

Murphy Parker of Ware Phillips of Bibb Rodgers of Charlton Simpson Vaughn Waldrop Wells of Peach

Those not voting were Messrs.:

Adams Arnsdorff Ballard Barrett Blalock Boggs Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Budd Busbee Chance Chandler Coker Conner

Cox
Davis Deen Dicus Doster Duncan of Carroll Echols Fitzgerald Fleming Floyd Fowler of Douglas Fowler of Treutlen Fuqua Hall of Floyd Hodges Hull Hurst Johnson Jones of Lumpkin

Jones of Sumter Kelly Kidd Killingsworth Kirkland Lane Loggins Lovett McClelland McCracken Miller Moate Moore Morgan Morris Otwell Pannell Parker of Screven Parker of Appling

WEDNESDAY, FEBRUARY 14, 1962

2043

Phillips of Walton Pickard Potts Scarborough Sheffield Simmons Singer Smith of Brantley

Smith of Habersham Stevens Taylor of Decatur Tucker Undercofler Underwood of
Montgomery Underwood of Taylor

Walker of Lowndes Watson White Wickham Williams of Coffee Mr. Speaker

On the passage of the bill, as amended, the ayes were 101, nays 26.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Underwood of Taylor stated that he was absent when the vote was taken on HB 860, but had he been present, he would have voted for the passage of HB 860.

HB 1040. My Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to be entitled an Act to amend an Act which defines the crime of drunkenness in public places; and for other purposes.

The follow committee amendment was read and adopted:
The State Institutions and Property Committee amends HB 1040 as follows:
To amend the caption of said bill by inserting the words "to pro vide for working prisoners" immediately before the words "to repeal conflicting laws"; and
By adding the following sentence at the end of Section 1:
"If committed to the county jail, the county governing authority may work said prisoner on any public road or public property."

The following amendment was read and adopted:
Mr. Hale of Dade moves to amend HB 1040 by adding at the end of Section 1 the following:
"Provided, further, that any person who has been convicted under this section three or more times during a two year period including the date of the conviction in the pending case, may be punished at the

2044

JOURNAL OF THE HOUSE,

discretion of the trial judge, under the provisions of Section 27-2506 relating to punishment for misdemeanors."

An amendment offered by Mr. McClelland of Fulton was read and lost.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brown Budd Busbee Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Cox Crawford Culpepper Davis Dickey Dorminy Duncan of Fannin

Duncan of Carroll Dunn Echols Fleming Floyd Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jordan Keadle Keyton Kidd Killian Kimmons King Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lovett Lowrey

Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Farmer Payton Pelham Phillips of Walton Pickard Potts Rainey Raulerson Roberts Rodgers of Charlton Roper Sangster Scoggin Shuman Simmons

WEDNESDAY, FEBRUARY 14, 1962

2045

Sinclair Smith of Grady Smith of Habersham Steis Story Strickland Stuckey Tabb Tamplin

Taylor of Bibb Twitty Undercofler Underwood of
Montgomery Waldrop Walker of Telfair Ware Watson

Wells of Oconee Wilkes Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Akins Black Brooks of Fulton Bynum Crowe Deen Dollar Greene Hale

Mackay McClelland Moore Moss Parker of Ware Phillips of Columbia Phillips of Bibb Poole Ross

Smith of Brantley Smith of Fulton Taylor of Decatur Thornton Todd Tucker Vaughn

Those not voting were Messrs.:

Adams Bowen of Toombs Brackin Clark of Catoosa Coker Conner Dicus Doster Fitzgerald Flexer Flynt Fowler of Treutlen Hodges Hurst Johnson

Jones of Lumpkin Jones of Sumter Kelly Killingsworth Lee of Clinch Loggins Lokey Massee Melton Parker of Appling Purcell Rogers of Paulding Rowland Rutland Scarborough

Sheffield Simpson Singer Smith of Whitfield Stevens Taylor of Dawson Teague Underwood of Taylor Walker of Lowndes Wells of Peach Wells of Camden White Wickham
Mr. Speaker

On the passage of the Bill, as amended, the ayes were 136, nays 25.

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

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 875. By Messrs. Smith of Grady, Fowler of Douglas and others: A Bill to be entitled an Act to amend an Act so as to provide that the

2046

JOURNAL OF THE HOUSE,

term "motor carrier" shall not include motor vehicles engaged in the transportation of certain fresh vegetables; and for other purposes.

The following Senate amendment was read:
Senator Johnson of the 46th moves to amend HB 875 so as to in clude flue cured tobacco.

Mr. Smith of Grady moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 108, nays 0.
The Senate amendment to HB 875 was agreed to.
HB 624. By Mr. Moss of Calhoun: A Bill to be entitled an Act to define the terms "agricultural products" and "farm products"; and for other purposes.

The following Senate amendment was read:
The Committee on Agriculture and Natural Resources moves to amend HB 624 by striking Section 1 in its entirety and in lieu thereof inserting the following:
"SECTION 1
"Except as otherwise specifically defined by law, the terms 'agri cultural products,' 'agricultural commodities' and 'farm products' as used in the laws of this State shall include livestock and livestock prod ucts; poultry products; milk and dairy products; field grown horticul tural products; ornamental horticultural products; floricultural prod ucts and turf grasses; the products of fields and orchards, and the products of the farms and forests of this State in their natural and unprocessed form,"

Mr. Fowler of Douglas moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 624 was agreed to.

WEDNESDAY, FEBRUARY 14, 1962

2047

The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:

HR 446-915. By Mr. Thornton of Bibb:
A Resolution amending a Resolution creating the Criminal Law Study Committee; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
To amend a Resolution creating the Criminal Law Study Commit tee, approved March 7, 1961, (Ga. Laws 1961, p. 96), so as to clarify provisions relating to members, service and funds; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Resolution creating the Criminal Law Study Committee, approved March 7, 1961 (Ga. Laws 1961, p. 96), is hereby amended by striking from the first paragraph after the preamble, the following:
"Said Committee shall consist of fourteen members as follows: Three members of the Senate, to be appointed by the Lieutenant Governor;"
and inserting in lieu thereof the following:
"Said Committee shall consist of sixteen members, as follows: Five members of the Senate, to be appointed by the Lieutenant Governor, and the two additional members of the Senate shall be the two Senators who have been meeting and working with the Committee by virtue of appointments under the authority of the President of the Senate."
BE IT FURTHER RESOLVED that said Resolution is further amended by striking from the next to the last paragraph thereof the following:
"Provided, further, that the above shall not apply to the mem bers from the General Assembly, and such members shall remain on the Committee only so long as they continue to be members of the General Assembly."
BE IT FURTHER RESOLVED that said Resolution is further amended by striking the last paragraph in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"The Committee is hereby authorized to appoint subcommit tees and adopt such procedures as it feels will best serve the pur poses for which it is created. In order to perform its duties more

2048

JOURNAL OF THE HOUSE,

efficiently, the Committee is authorized to employ clerical help and an editorial and research staff and fix the compensation there
for, subject to the approval of the Governor. The Committee is authorized to obtain such materials, supplies and equipment as it deems necessary to accomplish its duties and purposes. All mem bers of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The legislative members and the member from the Georgia Bar Association shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government. The member from the Superior Court Judges Association, the member from the Solicitors General Asso ciation, the member from the City Court Judges Association, and
the member from the City Court Solicitors Association, city courts having been declared adjuncts of the superior court, shall receive the above from the funds appropriated for the cost of operating the superior courts. In the event any member ceases to be a mem ber of any official group or agency, as provided herein, such mem ber shall receive the above from the funds appropriated to or avail able to the Legislative Branch of the Government, it previously having been provided herein that the persons originally appointed as members of the Committee shall remain as members of the Com mittee until the completion of its work. All funds, except as pro vided hereinabove, which are necessary to effectuate the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government and from any other available funds."

BE IT FURTHER RESOLVED that all laws and parts of laws in conflict herewith are hereby repealed.

Mr. Thornton of Bibb moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 111, nays 1.

The Senate substitute to HR 466-915 was agreed to.

Under the General Order of Business Established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 1038. By Messrs. Payton of Coweta and Morgan of Gwinnett: A Bill to be entitled an Act to amend the Code, Section 26-7001, which defines "vagrancy"; and for other purposes.
The following committee amendment was read and adopted:
The Senate Institutions and Property Committee amends House Bill 1038 as follows:

WEDNESDAY, FEBRUARY 14, 1962

2049

To amend the caption of said Bill by inserting the words "to pro vide for working prisoners" immediately before the words "to repeal conflicting laws"; and

By adding the following sentence at the end of Section 1:

"If committed to the county jail, the county governing authority may work said prisoners on any public road or public property."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Andrews of Hall Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Blalock
Boyett Brantley Brooks of Oglethorpe Brown Budd Busbee Chance Chandler Clarke of Monroe Cocke Collins Cox Culpepper Deen Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer

Flynt Fowler of Douglas Hall of Lse
Harrell Hill Horton Hull Joiner Jones of Lumpkin Jordan Keyton Kidd Killian Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Wilkinson Lowrey Matthews of Clarke Matthews of Colquitt McCracken McCutchen Milhollin Miller Mixon Moate Moorman Morgan Mullis Murphy NeSmith Newton

Odom Otwell Pannell Payton Pelham Phillips of Columbia Phillips of Walton Potts Rainey Raulerson Rowland Sangster Scoggin Shuman Smith of Habersham Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Twitty Undercofler Underwood of Taylor Waldrop Ware Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson Young

2050

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Abney Arnsdorff Black Brooks of Fulton Crowe Dollar Greene Hale Henderson King

Mackay McClelland Melton Moore Moss Parker of Ware Phillips of Bibb Poole Roberts Ross

Rutland Simpson Smith of Brantley Smith of Fulton Taylor of Decatur Thornton Tucker Vaughn

Those not voting were Messrs.:

Adams
Bolton Bowen of Randolph Bowen of Toombs Bozeman Brackin Branch Bynum Caldwell Clark of Catoosa Cloer Coker Conner Crawford Davis Dickey Dicus Dorminy Doster Floyd Fordham Fowler of Treutlen Funk Fuqua Hall of Floyd Hodges Howard

Hurst Johnson Jones of Liberty Jones of Worth Jones of Sumter Keadle Kelly Killingsworth Kimmons Knight of Berrien Lane Lee of Clinch Lewis of Burke Loggins Lokey Lovett Massee McDonald McGarity Morris Paris Parker of Screven Parker of Appling Farmer Pickard Purcell Rodgers of Charlton

Rogers of Paulding Roper Scarborough Sheffield Simmons Sinclair Singer Smith of Grady Smith of Whitfield Story Taylor of Bibb Teague Todd Underwood of
Montgomery Walker of Lowndes Walker of Telfair Watson Wells of Peach Wells of Camden White Wickham Willingham Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 99, nays 28.
The Bill, having failed to receive the requisite constitutional majority, was lost.

HR 575-1110. By Messrs. Smith, McClelland, Brooks of Fulton; Mackay, Rutland and Howard of DeKalb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia, as heretofore amended, by adding at the end of Article VII, Section

WEDNESDAY, FEBRUARY 14, 1962

2051

IV, Paragraph I thereof a new paragraph to be appropriately numbered, to grant to the General Assembly the power to delegate to any county the right to levy a tax to build, acquire, maintain and operate and to participate with other counties, municipalities, public or private cor porations in building, acquiring, maintaining and operating a system or systems of public transportation, including the payment of prelimi nary investigative expenses, the payment of all or any part of the prin cipal of and the interest on any obligations issued to finance the con struction or acquisition of any such public transportation system or systems and to establish and maintain reasonable reserves in connection with the issuance of any such obligations and reasonable reserves for the future operation, development, improvement and expansion of such facilities, and to declare that the construction, acquisition, maintenance and operation of public transportation systems is an essential govern mental function undertaken for public purposes for which the powers of taxation and eminent domain may be exercised and public funds expended; and for other purposes.

BE IT RESOLVED by the General Assembly of Georgia, and it is hereby resolved by the authority aforesaid, as follows:

SECTION 1

The Constitution of the State of Georgia is heretofore amended, is hereby further amended by adding at the end of Article VII, Section IV, Paragraph I thereof a new paragraph to be appropriately numbered, reading as follows:

To build, acquire, maintain and operate and to participate with other counties, municipalities, public or private corporations in build ing, acquiring, maintaining and operating a system or systems of pub lic transportation, including the payment of preliminary investigative
expenses, the payment of all or any part of the principal of and the in terest on any obligations issued to finance the construction or acquisi tion of any such public transportation system or systems and to estab lish and maintain reasonable reserves in connection with the issuance of any such obligations and reasonable reserves for the future opera tions, development, improvement and expansion of such facilities. The construction, acquisition, maintenance and operation of public trans portation systems is hereby declared to be an essential governmental function undertaken for public purposes for which the powers of tax ation and eminent domain may be exercised and public funds expanded.

SECTION 2
When this resolution shall have been agreed to by two-thirds (%) of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballot the words "For ratifica tion of amendment to the Constitution of the State of Georgia, authoriz ing the General Assembly to delegate to counties the right to levy taxes

2052

JOURNAL OF THE HOUSE,

for public transportation, and declaring the same to be an essential governmental function." Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to the Constitution of the State of Georgia, authorizing the General Assembly to delegate to counties the right to levy taxes for public transportation, and declaring the same to be an essential governmental function."

SECTION 3

This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of the State of Georgia, as amended, to vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascer tained, consolidated and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make procla mation thereof as provided by law.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bolton Boyett Bozeman Branch Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee

Caldwell Chance Chandler Clarke of Monroe Cloer Cocke Collins Conner Crawford Crowe Culpepper Been Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas

Punk Fuqua Hale Hall of Lee Harrell Henderson Horton Howard Hull Joiner Jones of Worth Jones of Lumpkin Jordan Kelly Killian Killingsworth Kimmons King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke

WEDNESDAY, FEBRUARY 14, 1962

2053

Lowrey Mackay Massee Matthews of Colquitt McClelland McCracken McCutchen Melton Milhollin Miller Mixon Moorman Morgan Morris Moss Mullis Murphy Odom Otwell Pannell Parker of Ware Farmer Payton Pelham Phillips of Bibb

Poole Potts Rainey Raulerson Roberts Roper Ross Rowland Rutland Sangster Scoggin Sheffield Shuman Simpson Singer Smith of Brantley Smith of Pulton Smith of Habersham Smith of Whitfield
Steis Stevens Strickland Stuckey Tabb Tamplin

Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton
Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson

Those voting in the negative were Messrs.: NeSmith

Phillips of Walton

Those not voting were Messrs.:

Bowen of Randolph Bowen of Toombs Brackin Brantley Bynum Clark of Catoosa Coker Cox Davis Dicus Dorminy Dunn Fitzgerald Fowler of Treutlen Greene Hall of Floyd Hodges Hurst Johnson Jones of Liberty

Jones of Sumter Keadle Keyton Kidd Knight of Berrien Lane Langford Loggins Lokey Lovett Matthews of Clarke McDonald McGarity Moate Moore Newton Paris Parker of Screven Parker of Appling Phillips of Columbia

Pickard Purcell Rodgers of Charlton Rogers of Paulding Scarborough Simmons Sinclair Smith of Grady Smith of Brantley Story Todd Tucker Undercofler Walker of Lowndes Wells of Camden Woodward Young Mr. Speaker

2054

JOURNAL OP THE HOUSE,

On the adoption of the Resolution, the ayes were 144, nays 3.

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

HB 1194. By Messrs. Killian and Flexer of Glynn:
A Bill to be entitled an Act to amend an Act so as to increase the maxi mum sum of the principal amount of bonds which may be outstanding at any one time and which are issued by the Georgia State Highway Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Bolton Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Chance Chandler Clarke of Monroe Cocke Collins Crawford Crowe Culpepper

Dickey Doster Duncan of Fannin Duncan of Carroll Dunn Fleming Flexer Floyd Fordham Hale Hall of Lee Harrell Henderson Joiner, Jones of Liberty Jones of Worth Jordan Keyton Kidd Killian Killingsworth Kimmons Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lowrey

Mackay Massee Matthews of Colquitt McClelland McCracken McCutchen Milhollin Miller Mixon Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell Pannell Pelham Phillips of Walton Phillips of Bibb Poole Potts Raulerson Roper Ross

WEDNESDAY, FEBRUARY 14, 1962

2055

Rowland Scoggin Sheffield Shuman Singer Smith of Habersham Smith of Whitfield Steis Stevens Story Strickland

Stuckey
Tabb Taylor of Dawson Taylor of Bibb
Teague Thorn ton Tucker Twitty Underwood of
Montgomery Underwood of Taylor

Waldrop Walker of Telfair
Ware Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall
Willingham Wilson Young

Those not voting were Messrs.:

Adams Blalock
Boggs Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Budd Caldwell Clark of Catoosa
Cloer Coker Conner
Cox Davis Deen Dicus Dollar Dorminy Echols Fitzgerald Flynt Fowler of Douglas Fowler of Treutlen Funk
Fuqua Greene Hall of Floyd

Hill Hodges Horton Howard
Hull Hurst Johnson Jones of Lumpkin Jones of Sumter Keadle Kelly King Knight of Berrien Lane Langford Lewis of Burke Lokey
Lovett Matthews of Clarke
McDonald McGarity Melton Moate Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton

Phillips of Columbia Pickard Purcell
Rainey Roberts Rodgers of Charlton Rogers of Paulding Rutland Sangster Scarborough
Simmons Simpson Sinclair Smith of Grady Smith of Brantley Smith of Fulton
Tamplin Taylor of Decatur Todd Undercofler Vaughn Walker of Lowndes
Watson Wells of Camden White Wickham
Wilkes Woodward Mr. Speaker

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 1121. By Messrs. Duncan and Waldrop of Carroll, and others:
A Bill to be entitled an Act to amend an Act so as to provide the pro cedure whereby certain members of the Employee's Retirement System

2056

JOURNAL OP THE HOUSE,
of Georgia may re-establish credits for prior service; and for other purposes.

The following substitute, offered by Mr. Carroll of Duncan, was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing an Employee's Retirement System, approved February 3, 1949 (Ga. Laws 1949, Reg. Sess., p. 138), as amended, so as to provide the procedure whereby cer tain members of the Employee's Retirement System of Georgia may re establish credits for prior service; to repeal conflicting laws; and for other purposes.
SECTION 1
An Act establishing an Employee's Retirement System, approved February 3, 1949 (Ga. Laws 1949, Reg. Sess., p. 138), as amended, is hereby amended by adding to Section 4 of said Act a new and additional subsection to be numbered Sub-section (11) to read as follows:
"(11) Any current member having previously withdrawn his contributions, not more than one time, may, after five (5) years active service as a contributing member, re-establish such mem bership service as represented by the withdrawn contributions upon his repayment into the System, a sum equal to the amount with drawn plus accumulated interest at the rate of four and one-fourth (4-%%) per cent from the date of his withdrawal to the date of repayment."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett

Baughman Birdsong Black Bolton Boyett Bozeman Branch

Brantley Brooks of Oglethorpe Brown Budd Busbee Caldwell Chance

WEDNESDAY, FEBRUARY 14, 1962

2057

Chandler Collins Cox Crawford Crowe Culpepper Deen Dickey Doster Duncan of Pannin Duncan of Carroll Dunn Fleming Flexer Floyd Flynt Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hull Joiner Jones of Liberty Jordan Keyton Kidd Killingsworth Kimmons Kirkland Knight of Laurens Lane Langford

Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Moss Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole

Potts Rainey Roberts Roper Ross Rowland Rutland Scoggin Sheffield Shuman Singer Smith of Grady Smith of Habersham Smith of Whitfield
Stevens Strickland Stuckey Tabb Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Waldrop Walker of Telfair
Ware Wells of Peach Wells of Oconee Wilkes Williams of Coffee Willingham Young

Those voting in the negative were Messrs.: Williams of Hall

Those not voting were Messrs.:

Adams Akins Andrews of Hall Ballard Blalock Boggs Bowen of Randolph Bowen of Toombs Brackin Brooks of Fulton Bynum Clark of Catoosa Clarke of Monroe

Cloer Cocke Coker Conner Davis Dicus Dollar Dorminy Echols Fitzgerald Fordham Fowler of Douglas Fowler of Treutlen

Funk Fuqua Hill Hodges Horton Howard Hurst Johnson Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Kelly

2058

JOUKNAL OF THE HOUSE,

Killian King Knight of Berrien Lee of Clayton
Lokey Matthews of Colquitt McDonald McGarity Melton
Mullis Newton Parker of Ware Parker of Appling Farmer Pickard

Purcell Raulerson Rodgers of Charlton Rogers of Paulding
Sangster Scarborough Simmons Simpson Sinclair
Smith of Brantley Smith of Fulton Steis Story Tamplin Taylor of Dawson

Taylor of Decatur Teague Underwood of
Montgomery
Vaughn Walker of Lowndes Watson Wells of Camden White
Wickham Wilson Woodward Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 123, nays 1.

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

HB 1251. By Messrs. Harrell of Fayette and Steis of Harris:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act so as to provide for emergency interim successors to certain officers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams
Andrews of Stephens Andrews of Hall
Arnsdorff Barber
Barnett of Baker Barrett Baughman Birdsong Black Boggs Bowen of Toombs

Boyett
Brackin Branch
Brantley Brooks of Oglethorpe
Brooks of Fulton Brown Budd Busbee Chance Chandler Clark of Catoosa

Clarke of Monroe
Cloer Collins
Cox Crawford
Crowe Culpepper Deen Dickey Dorminy Doster Duncan of Fannin

WEDNESDAY, FEBRUARY 14, 1962

2059

Dunn Fitzgerald Fleming Flexer Floyd Fordham Funk Fuqua Greene Hall of Lee Harrell Henderson Hull Joiner Jones of Liberty Jones of Worth Jordan Kelly Keyton Kidd Killingsworth Kimmons King Kirkland Knight of Laurens Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lovett

Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Melton Mixon Moate Moore Moorman Morris Moss Mullis Newton Odom Otwell Pannell Paris Farmer Payton Pelham Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts

Ross Rowland Sangster Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Tabb Taylor of Dawson Taylor of Bibb Thorn ton Todd Tucker Twitty Undercofler Underwood of Taylor Walker of Telfair Ware Watson Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Young

Those not voting were Messrs.:

Abney Akins Ballard Barnett of Baker Blalock Bolton Bowen of Randolph Bozeman Bynum Caldwell Cocke Coker Conner Davis Dicus Dollar Duncan of Carroll Echols Flynt Fowler of Douglas

Fowler of Treutlen Hale Hall of Floyd Hill Hodges Horton Howard Hurst Johnson Jones of Lumpkin Jones of Sumter Keadle Killian Knight of Berrien Lee of Clayton Lokey McDonald McGarity Milhollin Miller

Morgan Murphy NeSmith Parker of Screven Parker of Ware Parker of Appling Phillips of Columbia Pickard Rodgers of Charlton Rogers of Paulding Roper Rutland Scarborough Scoggin Sheffield Simmons Simpson Smith of Fulton Story Stuckey

2060

JOURNAL OF THE HOUSE,

Tamplin Taylor of Decatur Teague Underwood of
Montgomery

Vaughn Waldrop Walker of Lowndes Wells of Oconee Wells of Camden

Wickham Willingham Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 0.

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

HB 1252. By Messrs. Harrell of Fayette and Steis of Harris.
A Bill to be entitled an Act to amend the Georgia Civil Defense Act so as to provide for the convening of the General Assembly following an emergency; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins
Andrews of Stephens Andrews of Hall
Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Boyett
Bozeman Brackin Branch
Brantley Brown Budd
Busbee Bynum
Chance Chandler Clarke of Monroe

Cloer Collins
Cox Crawford
Culpepper Deen Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Fitzgerald
Fleming Flexer Floyd
Flynt Fordham Funk
Fuqua Greene
Hale Hall of Lee Harrell

Henderson Howard
Hull Jones of Lumpkin
Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth
King Knight of Laurens Knight of Berrien
Lane Lee of Clinch Lewis of Wilkinson
Lewis of Burke Loggins
Lovett Lowrey Mackay

WEDNESDAY, FEBRUARY 14, 1962

2061

Massee Matthews of Clarke
Matthews of Colquitt McCutchen Melton Milhollin Miller Mixon Moore Moorman Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Phillips of Walton

Phillips of Bibb Poole Purcell Rainey Raulerson Roberts Rodgers of Charlton Ross Rowland Rutland Sangster Scoggin Sheffield Shuman Simmons Smith of Grady Smith of Fulton Smith of Whitfield Steis Stevens Strickland Stuckey

Tabb Tamplin Taylor of Dawson Teague Thornton Todd Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Wells of Oconee Wilkes Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Ballard Birdsong Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Caldwell Clark of Catoosa Cocke Coker Conner Crowe Davis Dickey Dicus Doster Echols Fowler of Douglas Fowler of Treutlen Hall of Floyd Hill

Hodges Horton Hurst Johnson Joiner Jones of Liberty Jones of Worth Kimmons Kirkland Langford Lee of Clayton Lokey McClelland McCracken McDonald McGarity Moate Morgan Moss Parker of Screven Farmer Payton Pelham Phillips of Columbia Pickard

Potts Rogers of Paulding Roper Scarborough Simpson Sinclair Singer Smith of Brantley Smith of Habersham Story Taylor of Decatur Taylor of Bibb Twitty Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Oconee White Wickham Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, the ayes were 132, nays 0.

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

2062

JOURNAL OP THE HOUSE,

HB 1253. By Messrs. Harrell of Payette and Steis of Harris:
A Bill to be entitled an Act to amend the Georgia Civil Defense Act so as to provide for emergency relocation of the seat of State government; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Andrews of Hall Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Boyett Bozeman Branch Brooks of Oglethorpe Brown Budd Busbee Bynum Chance Chandler Clarke of Monroe Cloer Cox Crawford Davis Dollar Duncan of Fannin Duncan of Carroll Dunn Fitzgerald Fleming Flexer Flynt Funk Fuqua Hale Hall of Lee Harrell Henderson Horton Howard

Hull Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lewis of Wilkinson Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McCutchen Melton Milhollin Mixon Moorman Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Parker of Ware Farmer Phillips of Walton Phillips of Bibb

Poole Purcell Rainey Raulerson Roberts Ross Rowland Rutland Sangster Scoggin Shuman Simmons Smith of Grady Smith of Pulton Smith of Whitfield Steis Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Thornton Todd Undercofler Underwood of Taylor Vaughn Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson Young

WEDNESDAY, FEBRUARY 14, 1962

2063

Those not voting were Messrs.:

Abney Adams Arnsdorff Ballard Birdsong Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Fulton Caldwell Clark of Catoosa Cocke Coker Collins Conner Crowe Culpepper Deen Dickey Dicus Dorminy Doster Eehols Floyd Fordham Fowler of Douglas

Fowler of Treutlen Greene Hall of Floyd Hill Hodges Hurst Johnson Joiner Jones of Liberty Kimmons Lane Langford Lee of Clayton Lewis of Burke Loggins Lokey McClelland McCracken McDonald McGarity Miller Moate Moore Morgan Moss Paris Parker of Screven Parker of Appling Payton

Pelham Phillips of Columbia Pickard Potts Rodgers of Charlton Rogers of Paulding Roper Scarborough Sheffield Simpson Sinclair Singer Smith of Brantley Smith of Habersham Stevens Story Taylor of Decatur Taylor of Bibb Tucker Twitty Underwood of
Montgomery Walker of Lowndes Ware Wells of Camden Wickham Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 118, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HR 479-950. By Messrs. Mackay, Rutland and Howard of DeKalb, Phillips, Tay lor and Thornton of Bibb, Wickham and Dicus of Muscogee, and others:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to provide that it shall be the duty of the General Assembly to reapportion the Senate after the ratification of this amendment and after each decinnial census thereafter; to provide standards for such reapportionment; to provide that upon the failure of the General Assembly to act within a specified time a Reapportionment Commission consisting of the Governor, the Attorney General, the Secretary of State, the Presi dent of the Senate and the Speaker of the House of Representatives, shall have the duty to reapportion the Senate; and to provide that any citizen shall have the right of mandamus to the Supreme Court of

2064

JOURNAL OF THE HOUSE,

Georgia to compel the performance of duty upon the part of said Com mission, to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1

That Article III, Section II, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof a new paragraph which shall read as follows, to wit:

SECTION 1

"It shall be the duty of the General Assembly to reapportion the Senate, at the first session of the General Assembly after the ratification of this amendment, and within ninety (90) days after
the start of such session, and at the first session of the General Assembly, and within ninety (90) days of the start of same, after the certification of each census taken by the United States Gov ernment, in conformity with the standards hereinafter provided.

"Provided further, that no Senatorial District hereafter cre ated shall be greater in population, according to said United States census last taken, by more than fifty (50) percentum than any other Senatorial District, and provided that more than one Senator may be assigned to any county which, according to population, would be entitled to more than one Senatorial District, rather than any such county being otherwise divided into separate Senatorial Districts.

"Provided further, that upon the failure of the General Assem bly to reapportion the Senate as above required, that the authority to make such reapportionment shall be vested in a Reapportionment Commission hereby created, consisting of the Secretary of State, Governor, Attorney General, Speaker of the House and the President of the Senate, which Commission, in the event of the fail ure of the General Assembly to so reapportion, shall be convened by the Secretary of State, acting as Chairman of said Commission, with thirty (30) days after the expiration of the time specified for the General Assembly to make such reapportionment.
"Provided further, that such Reapportionment Commission act ing by a majority of the members thereof shall within sixty (60) days after being convened, reapportion the Senate in conformity with the standards hereinabove set out, and file its arrangement of Senatorial Districts in the office of the Secretary of State, where upon said districts shall govern succeeding elections.
"Provided further, that the Supreme Court of Georgia is hereby vested with original jurisdiction to review any such reapportion ment of the Senate, and to require that the Secretary of State and the Reapportionment Commission act in conformity with the pro visions and standards above set out, and that any citizen of Georgia

WEDNESDAY, FEBRUARY 14, 1962

2065

may bring mandamus proceedings direct to the Supreme Court of Georgia to accomplish such purposes."

SECTION 2
When the proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section II, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of an amendment to the Constitution so as to provide procedures and standards and a Commission for periodic appointment of the State Senate, subject to court review.
"Against ratification of an amendment to the Constitution so as to provide procedures and standards and a Commission for periodic reapportionment of the State Senate, subject to court re view."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 following committee amendment was read and adopted:
House Committee on Special Judiciary moves to amend HR 479-950 as follows:
By amending the caption after the words, "to provide standards for such reappointment", the phrase "to fix the term of Senators and to provide that they shall be elected district-wide," and to provide a new Section 1 to be numbered Section 1-A to provide as follows:
1-A "Senators shall be elected for concurrent terms of four years and shall be elected district-wide."
An amendment offered by Mr. Mackay of DeKalb was read and withdrawn.

2066

JOURNAL OF THE HOUSE,

The following amendment was read:

Mr. Underwood of Montgomery moves to amend HE 479-950 by adding the following proviso:

"Provided, each senatorial district after the first district within a county shall be twice the size of the last district created within the county."

On the adoption of the amendment, the ayes were 49, nays 54.

The amendment was lost.

The previous question was ordered.

The report of the committee, which was fravorable to the adoption of the Resolution as amended, was agreed to.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Andrews of Stephens Barber Bolton Boyett Bozeman Brooks of Fulton Brown Busbee Cloer
Crawford Dickey Flexer Fowler of Douglas Funk

Puqua Howard Jones of Lumpkin Kidd Killian Lowrey Mackay Matthews of Colquitt McClelland McGarity
Melton Murphy Odom Payton Phillips of Bibb

Pickard Potts Rutland Scoggin Smith of Fulton Steis Tamplin Taylor of Bibb Teague Thornton
Twitty Underwood of
Montgomery Willingham Wilson

Those voting in the negative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff

Barnett of Wilkes Barnett of Baker Barrett Baughman

Black Boggs Bowen of Randolph Brackin

WEDNESDAY, FEBRUARY 14, 1962

2067

Branch Brooks of Oglethorpe Budd Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Crowe Culpepper Davis Deen Dollar Dorminy Doster Duncan of Pannin Fitzgerald Floyd Fordham Hale Hall of Floyd Henderson Horton Joiner Jones of Liberty Jones of Worth Jordan Keadle Kelly Killingsworth

King Kirkland Knight of Berrien Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Massee Matthews of Colquitt McCracken McCutchen Milhollin Miller Mixon Moate Moorman Morris Mullis NeSmith Newton Otwell Parker of Screven Parker of Ware Farmer Phillips of Columbia Poole Purcell Rainey

Raulerson Roberts Roper Ross Rowland Sangster Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Habersham Strickland Stuckey Tabb Taylor of Dawson Todd Tucker Undercofler Underwood of Taylor Waldrop Walker of Telfair Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Young

Those not voting were Messrs.:

Ballard Birdsong Blalock Bowen of Toombs Brantley Caldwell Coker Conner Cox Dicus Duncan of Carroll Dunn Echols Fleming Flynt Fowler of Treutlen Greene Hall of Floyd

Harrell Hill Hodges Hull Hurst Johnson Jones of Sumter Keyton Kimmons Knight of Laurens Lee of Colquitt McDonald Moore Morgan Moss Pannell Paris Parker of Appling

Pelham Phillips of Walton Rodgers of Charlton Rogers of Paulding Scarborough Smith of Brantley Smith of Whitfield Stevens Story Taylor of Decatur Vaughn Walker of Lowndes Ware Wells of Camden Wickham Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 44, nays 107.

2068

JOURNAL OF THE HOUSE,

The Resolution, having failed to receive the requisite two-thirds constitutional majority was lost.

Mr. Duncan of Carroll requested that the Journal show him as having voted "Aye" on the adoption of HR 479-950.

Mr. Bozeman of Tift requested that the Journal show him as having voted "Nay" on the adoption of HR 479-950.

HR 574-1109. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Resolution authorizing the conveyance of certain State property located in Richmond County; and for other purposes.

The following substitute, offered by the Committee on State Institutions and Property was read and adopted:
A RESOLUTION
Authorizing the conveyance of certain State property located in Richmond County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner, by virtue of a deed vesting title in the State Highway Department of Georgia, of a certain tract and parcel of land located in Richmond County, Georgia; and
WHEREAS, said tract and parcel of land is fully described as follows:
"All that tract and parcel of land situate, lying and being in the 123rd District G. M., Richmond County, Georgia, commencing at the northern property line of Charles G. Cordle, and extending south forty-seven (47) degrees thirty (30) minutes east for a dis tance of Eighty-six and five tenths (86.5) feet; thence extending south thirty-two degrees (32) 00 minutes east for a distance of three hundred sixteen (316) feet; thence south six (6) degrees 00 minutes west for a distance of two hundred and fourteen (214) feet to end of outfall ditch at Evans Academy Road."; and
WHEREAS, a more complete and accurate description as to metes, bounds, bearings and distances is set forth in the State Highway Depart ment of Georgia Plat on Project F 015-1 (13) Richmond County, Georgia; and
WHEREAS, the above described property is the same tract of land as that condemned by the State Highway Department of Georgia in the Superior Court of Richmond County in case No. 9711-A, titled "State Highway Department of Georgia versus A parcel of land; and Charles Guy Cordle, individually."; and

WEDNESDAY, FEBRUARY 14, 1962

2069

WHEREAS, since the condemnation and acquiring of the tract and parcel of land herein described, the Richmond County Engineering De partment and the State Highway Department of Georgia have deter mined that said land is no longer needed for the purposes for which it was condemned.

WHEREAS, the property herein described which was condemned and acquired, is now surplus;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the above property is hereby declared to be surplus, and the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to transfer
to Richmond County, Georgia, all of the right, title and interest which the State of Georgia has or may have in the following tract and parcel of land:

"All that tract and parcel of land situate, lying and being in the 123rd District G. M., Richmond County, Georgia, commencing at the northern property line of Charles G. Cordle, and extending
south forty-seven (47) degrees thirty (30) minutes east for a distance of eighty-six and five tenths (86.5) feet; thence extending south thirty-two degrees (32) 00 minutes east for a distance of three hundred sixteen (316) feet; thence south six (6) degrees 00 minutes west for a distance of two hundred and fourteen (214) feet to end of outfall ditch at Evans Academy Road."

BE IT FURTHER RESOLVED that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to convey said tract and parcel of land by deed or other written instrument of conveyance at a consideration agreed upon by the Governor and Richmond County.

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

Those voting in the affirmative were Messrs.:

Abney Akins Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Birdsong

Black Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brooks of Oglethorpe Brown Budd

Busbee Bynum Caldwell Chance Chandler Clarke of Monroe Cocke Cox Crawford

2070

JOURNAL OP THE HOUSE,

Crowe Davis Dickey Dorminy Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Fuqua Hale Henderson Hill Horton Hull Joiner Jones of Liberty Jones of Worth Keadle Kelly Keyton Kidd Killian Killingsworth

Kimmons Kirkland Knight of Berrien Langford Loggins Lowrey Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Melton Milhollin Moate Morgan Morris NeSmith Newton Odom Otwell Parker of Screven Parker of Ware Payton Phillips of Columbia Phillips of Walton Poole Purcell Rodgers of Charlton

Rowland Sheffield Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Story Tabb Tamplin Taylor of Dawson Teague Todd Twitty Underwood of
Montgomery Underwood of Taylor Walker of Telfair White Williams of Coffee Willingham Wilson Young

Voting in the negative was Mr. Dollar.

Those not voting were Messrs.:

Adams Andrews of Stephens Andrews of Hall Barnett of Wilkes Blalock Boggs Bolton Brackin Brantley Brooks of Oglethorpe Clark of Catoosa Cloer Coker Collins Conner Culpepper Deen Dicus Doster Duncan of Carroll

Flynt Fowler of Treutlen Funk Greene Hall of Lee Hall of Floyd Harrell Hodges Howard Hurst Johnson Jones of Lumpkin Jones of Sumter Jordan King Knight of Laurens Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson

Lewis of Burke Lokey Lovett Lowrey Matthews of Clarke Matthews of Colquitt McCracken McCutchen McGarity Miller Mixon Moore Moorman Moss Murphy Pannell Paris Parker of Appling Pelham Phillips of Bibb

WEDNESDAY, FEBRUARY 14, 1962

2071

Pickard Potts
Rainey Raulerson Roberts Rogers of Paulding Roper
Ross Rutland Sangster
Scarborough Scoggin

Shuman Simpson
Smith of Fulton Stevens Strickland Stuckey Taylor of Decatur
Taylor of Bibb Thornton Tucker
Undercofler Vaughn

Waldrop Walker of Lowndes
Ware Watson Wells of Peach Wells of Oconee Wells of Caniden
Wickham Wilkes Williams of Hall
Woodward Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 108, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 509-981. By Messrs. Crawford and Dickey of Chatham:
A Resolution proposing that the State Board of Education require the teaching of a course entitled "Americanism versus Communism" in the public schools; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton

Brown Budd Busbee Chance Chandler Cocke Collins Crawford Davis Been Dickey Dollar Duncan of Fannin Duncan of Carroll Dunn

Echols Fitzgerald Fleming Flexer Floyd Flynt Fowler of Douglas Fuqua Hall of Lee Hall of Floyd Harrell Howard Hull Joiner Jones of Liberty

2072

JOURNAL OF THE HOUSE,

Jones of Worth Jones of Sumter Keadle Keyton Kidd Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clayton Lowrey Massee Matthews of Colquitt McClelland McCracken McCutchen McDonald Milhollin Mixon Moate

Moore Morgan Morris Moss Murphy NeSmith Newton Odom
Otwell
Pannell Parker of Screven Payton Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rodgers of Charlton Rogers of Paulding Rowland

Scoggin Shuman Sinclair Singer Smith of Grady Smith of Pulton Smith of Habersham Steis Story Tabb Tamplin Teague Thornton Twitty Undercofler Underwood of Taylor Vaughn Walker of Telfair Ware Williams of Coffee Wilson

Those not voting were Messrs.:

Adams Andrews of Hall
Ballard Barrett Boggs Bolton Boyett Bozeman Brackin Branch Brantley Bynum Caldwell Clark of Catoosa
Clarke of Monroe Cloer Coker Conner Cox Crowe Culpepper Dicus Dorminy Doster Fordham Fowler of Treutlen Funk Greene Hale Henderson

Hill Hodges Horton Hurst Johnson Jones of Lumpkin Jordan Kelly Kimmons King Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Mackay Matthews of Clarke McGarity Miller Moorman Mullis Paris Parker of Ware Parker of Screven Farmer Pelham Rainey Raulerson

Roberts Roper Ross Rutland Sangster Scarborough Sheffield Simmons Simpson Smith of Brantley Smith of Whitfield
Stevens Strickland Stuckey Taylor of Dawson Taylor of Decatur Taylor of Bibb Todd Tucker Underwood of
Montgomery Waldrop Walker of Lowndes
Watson Wells of Peach Wells of Oconee Wells of Camden
White Wickham Wilkes

WEDNESDAY, FEBRUARY 14, 1962

2073

Williams of Hall Willingham

Woodward Young

Mr. Speaker

On the adoption of the Resolution, the ayes were 110, nays 0.

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

HB 1271. By Mr. Smith of Grady:
A Bill to be entitled an Act providing that the ordinary of any county may by written order divide the county into election districts; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Barber Barnett of Baker Baughman Birdsong Black Boggs Bowen of Randolph Boyett Brantley
Brooks of Fulton Brown Budd Busbee Caldwell Chance Chandler
Clarke of Monroe Cocke Collins Conner Crawford

Crowe Culpepper Davis Deen Dollar Duncan of Fannin Duncan of Carroll Echols Fitzgerald Flexer Floyd Flynt Fordham
Funk Hale Hall of Lee Henderson Joiner Jones of Worth Keadle
Keyton Kidd Killian Killingsworth Kirkland

Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lowrey Mackay Massee Matthews of Colquitt McClelland McCracken McCutchen McDonald
McGarity Melton Miller Mixon Moate Moore Moorman
Morris Moss Mullis Murphy NeSmith

2074

JOURNAL OF THE HOUSE,

Newton Odom
Otwell Pannell
Parker of Screven Parker of Ware
Payton Phillips of Columbia Poole Rainey Raulerson Rogers of Paulding Rowland

Rutland Scarborough Scoggin Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Story Strickland Tabb

Taylor of Dawson Teague Thorn ton Todd
Tucker Twitty
Underwood of Taylor Vaughn Walker of Telfair Ware Willingham
Wilson Young

Voting in the negative was Mr. Williams of Coffee.

Those not voting were Messrs.:

Adams
Andrews of Hall Ballard
Barnett of Baker Barrett Blalock Bolton
Bowen of Toombs Bozeman Brackin Branch Brooks of Oglethorpe Bynum Clark of Catoosa Cloer Coker Cox Dickey Dicus Dorminy Doster Dunn
Fleming Fowler of Douglas Fowler of Treutlen
Fuqua Greene Hall of Floyd Harrell Hill Hodges

Horton Howard Hull
Hurst Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter
Jordan Kelly Kimmons King
Langford Lewis of Wilkinson
Lewis of Burke Loggins Lokey
Lovett Matthews of Clarke
Milhollin Morgan Paris Parker of Appling Parmer Pelham Phillips of Walton
Phillips of Bibb Pickard Potts Purcell
Roberts

Rodgers of Paulding Roper Ross Sangster
Sheffield
Simmons Singer
Smith of Fulton Steis Stevens
Stuckey Tamplin Taylor of Decatur Taylor of Bibb Undercofler Underwood of
Montgomery Waldrop Walker of Lowndes Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Hall
Woodward Mr. Speaker

On the passage of the Bill, the ayes were 114, nays 1. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 14, 1962

2075

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate insists on its position on the following Bill of the House and respectfully ask that a Committee of Conference be appointed:

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill to amend an Act, so as to provide for final settlements of doubtful and disputed claims, subject to approval of the State Board of Work men's Compensation; to define further "injury" and "Personal injury"; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate:
Senators Knox of the 54th, Jackson of the 24th and Lambert of the 28th.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke: A Bill to be entitled an Act to amend an Act so as to provide for final settlements of doubtful and disputed claims subject to approval of the State Board of Workmen's Compensation, and for other purposes.

Mr. Twitty of Mitchell moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference on the part of the House be appointed to confer with a like Committee on the part of
the Senate.

The motion prevailed and the Speaker appointed as Committee of Conference

on HB 228 on the part of the House, the following members: Messrs. Twitty of Mitchell, Cox of Clarke and McCutchen of Gilmer.

Under the General Order of Business established by the Committee on Rules, the following Resolution of the House was again taken up for consideration and read:

2076

JOURNAL OF THE HOUSE,

HR 501-981. By Messrs. Crawford and Dickey of Chatham:
A Resolution proposing that the General Assembly of Georgia request the Congress of the United States to propose to the people a certain amendment to the Constitution of the United States, and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock Boyett Bozeman Brooks of Fulton Budd Caldwell Chandler Cocke Collins Conner Crawford Crowe Davis Dickey Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming

Flexer Fowler of Douglas Fuqua Hall of Lee Harrell Hull Joiner Jones of Liberty Jones of Worth Jones of Sumter Keyton Kidd Killian Kimmons Kirkland Knight of Laurens Lowrey Mackay Massee Matthews of Colquitt McCracken McDonald McGarity Milhollin Morris Murphy NeSmith Newton Parker of Screven Phillips of Columbia

Pickard Poole Potts Purcell Rowland Rutland Shuman Sinclair Singer Smith of Grady Steis Story Tabb Tamplin Taylor of Dawson Teague Thornton Todd Twitty Undercofler Nnderwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.:

Brown Busbee Chance Dollar

Henderson McCutchen Melton Mixon

Moore Morgan Moss Odom

Otwell Pannell

WEDNESDAY, FEBRUARY 14, 1962

2077

Payton Simmons

Smith of Habersham

Those not voting were Messrs.:

Adams Andrews of Hall Ballard Barrett Boggs Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Bynum Clark of Catoosa Clarke of Monroe Cloer Coker Cox Culpepper Deen Dicus Dorminy Doster Floyd Flynt Fordham Fowler of Treutlen Funk Greene Hale Hall of Floyd Hill Hodges

Horton Howard Hurst Johnson
Jones of Lumpkin Jordan Keadle Kelly Killingsworth King Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lovett Matthews of Clarke McClelland Miller Moate Moorman Mullis Paris Parker of Ware Parker of Screven Farmer Pelham Phillips of Walton Phillips of Bibb

Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Sangster Scarborough Scoggin Sheffield Simpson Smith of Brantley Smith of Fulton Smith of Whitfield Stevens Strickland Stuckey Taylor of Decatur Taylor of Bibb Tucker Underwood of Taylor Walker of Lowndes Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 89, nays 17.

The Resolution, having received a majority of a quorum, was adopted.

The following Bill of the House was taken up for the purpose of considering

HB 358. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act relating to the delivery of worthless checks, and for other purposes.

2078

JOURNAL OF THE HOUSE,

The following' Senate amendment was read:

Committee on Banking and Finance moves to amend HB 358, as follows:

By renumbering Section 2 as Section 3.

By renumbering subsection (c) of the quoted matter in Section 1 as Section 2, and

By adding a new subsection (c) to read as follows:

"(c) In any prosecution for the violation of this section, the making, drawing, uttering, or delivery of such a check, draft, or order, payment of which is refused by the bank or other depository on which drawn because of either no funds or insufficient funds to the credit of the maker of such instruments, or credit available to the maker, shall be prima facie evidence of such maker's intent to defraud and knowledge of no funds or insufficient funds or credit in such bank or other depository. In any such prosecution, such unpaid and dishonored check, draft, or order, having the drawee's refusal to pay and the reason therefor stamped or written thereon or attached thereto, shall be admitted into evidence, and shall be prima facie evidence of the making, drawing, uttering, or delivery of such check, draft, or order, and of the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reason written, stamped, or at tached by the drawee on such dishonored check, draft, or order."

Mr. Murphy of Haralson moved that the House disagree to the State amendment.

The motion prevailed and the House disagreed to the Senate amendment to HB 358.

Under the General Order of Business established by the Committee on Rules, the following Bills of the House were again taken up for consideration and read:

HB 1116. By Mr. Flexer of Glynn:
A Bill to be entitled an Act to amend an Act relating to proceedings prior to attest, and for other purposes.

The following amendment was read and adopted:
Mr. Flexer of Glynn moves to amend HB 1116 by deleting from Section 1 the words "and the code section defining such offense"; by

WEDNESDAY, FEBRUARY 14, 1962

2079

inserting the word "and" in front of the words "a statement describing the offense"; and by substituting the word "a" for the word "complete" in front of the words "description 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Branch Brooks of Pulton Brown Budd Busbee Caldwell Chance Crowe Culpepper Davis Deen Dollar Duncan of Fannin Duncan of Carroll Echols Fitzgerald Flexer Floyd Flynt Funk

Hale Joiner Jones of Worth Jones of Sumter Killian Kirkland
Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Colquitt Lewis of Burke Loggins Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Moss Mullis Murphy Odom Otwell Pannell Paris Parker of Screven

Those not voting were Messrs.:

Abney Cocke Hall of Floyd

Henderson Keyton McCracken

Parker of Ware Farmer Payton Phillips of Columbia Poole Rainey Rogers of Paulding Rowland Rutland Scoggin Sheffield Shuman Simpson Sinclair Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Story Strickland Stuckey Taylor of Bibb Teague Thornton Tucker Twitty Undercofler Underwood of Bibb Vaughn Walker of Telfair Ware Williams of Coffee Willingham Wilson Young
NeSmith Tabb

2080

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Andrews of Stephens Andrews of Hall Barrett Bolton Bozeman Brackin Brantley Brooks of Oglethorpe Bynum Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Conner Cox Crawford Dickey Dicus Dorminy Doster Dunn Fleming Fordham Fowler of Douglas Fowler of Treutlen Fuqua Greene Hall of Floyd Harrell

Hill Hodges Horton Howard Hull Hurst Johnson Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Kidd Killingsworth Kimmons King Langford Lewis of Wilkinson Lokey Lovett Mackay McCutchen McGarity Moate Newton Parker of Appling
Pelham Phillips of Walton Phillips of Bibb Pickard Potts

Purcell Eaulerson Roberts Rodgers of Charlton Roper Ross Sangster Scarborough Simmons Singer Smith of Grady Smith of Fulton Steis Tamplin Taylor of Dawson Taylor of Decatur Todd Underwood of
Montgomery Waldrop Walker of Lowndes Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Hall
Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 105, nays 8.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1077. By Messrs. Otwell of Forsyth and Chance of Twiggs: A Bill to be entitled an Act to fix the situs of motorboats for the pur pose of ad valorem taxation; and for other purposes.

The following amendment was read and adopted:
Mr. Mixon of Irwin moves to amend HB 1077 by adding the fol lowing sentence to Section 1 thereof:
"Provided, however, the provisions of this Act shall not apply to property returned in the county of the owners' residence."

WEDNESDAY, FEBRUARY 14, 1962

2081

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Birdsong Blalock Bowen of Randolph Brantley Budd Busbee Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins Crawford Crowe Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Fitzgerald Flexer Fordham

Fowler of Douglas Funk Fuqua Henderson Horton Howard Joiner Jones of Lumpkin Jones of Sumter Keyton Kidd Killingsworth King Kirkland Knight of Laurens Lane Lee of Clinch Lee of Clayton Lewis of Burke Lovett Massee Matthews of Colquitt McClelland McCracken McCutchen McDonald Miller Mixon Moorman Morgan Moss Mullis

NeSmith Newton Odom Otwell Pannell Farmer Payton Phillips of Columbia Poole Rainey Raulerson Rowland Rutland Sangster Sheffield Shuman Simmons Simpson Sinclair Smith of Brantley Story Strickland Tabb Todd Tucker Twitty Underwood of Taylor Walker of Telfair Watson Young

Those voting in the negative were Messrs.:

Abney Adams Floyd Hale Knight of Berrien Loggins

Lowrey Matthews of Clarke Moore Murphy Phillips of Bibb Teague

Thornton Vaughn Ware Wells of Oconee Willingham Wilson

Those not voting were Messrs.:

Andrews of Stephens Andrews of Hall

Arnsdorff Barrett

Black

2082

JOURNAL OF THE HOUSE,

Bolton Bowen of Toombs Boyett Bozeman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Cloer Coker Conner Cox Dicus Doster Dunn Echols Fleming Flynt Fowler of Treutlen Greene Hall of Lee Hall of Floyd Hill Hodges Hull Hurst Jones of Liberty

Jones of Worth Jordan Keadle Kelly Killian Kimmons Langford Lewis of Wilkinson Lokey Mackay McGarity Melton Milhollin Moate Morris Paris Parker of Screven Parker of Ware Parker of Appling Pelham Phillips of Walton Pickard Potts Purcell Roberts Rodgers of Charlton Rogers of Paulding Roper Ross

Scarborough Scoggin Singer Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens Stuckey Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Wells of Peach Wells of Camden White Wickham Williams of Coffee Williams of Hall Woodward Mr. Speaker

On the passage of the Bill as amended, the ayes were 94, nays 18.
The Bill, having failed to receive the requisite constitutional majority, was lost.

HB 724. By Messrs. Rowland of Johnson, Barrett of Cherokee and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the Chairman and members of the Board of Workmen's Compensation; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Industrial Relations moves to amend HB 724 by striking in Section 1 of said Bill the figures sixteen thousand five hundred ($16,500) dollars where they appear, and inserting in lieu thereof the figure fifteen thousand five hundred ($15,500) dollars, and by striking the figure sixteen thousand ($16,000) dollars as same ap pears and inserting in lieu thereof the figures fifteen thousand ($15,000) dollars, so that said Section when amended shall read as follows:

WEDNESDAY, FEBRUARY 14, 1962

2083

"The Chairman of the Workmen's Compensation Board shall be compensated in the amount of fifteen thousand five hundred ($15,500) dollars per annum, payable in semi-monthly installments, and each of the other two members of the Board shall be compensated in the amount of fifteen thousand ($15,000) dollars per annum, payable in semi-monthly installments. The compensation of all other persons in the employ of the Board shall be fixed by the Board, except for such per sons who are under the provisions of Merit System laws and rules and regulations."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barrett Birdsong Black Bowen of Randolph Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Coker Cox Crawford Crowe Dickey Dollar Dorminy Duncan of Fannin

Duncan of Carroll Dunn Echols Fitzgerald Fleming Floyd Fowler of Douglas Fuqua Hall of Lee Harrell Horton Howard Joiner Jones of Liberty Jones of Lumpkin Kelly Keyton Kidd Killingsworth Kirkland Knight of Laurens Knight of Berrien Lee of Clayton Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen McDonald

McGarity Melton Milhollin Miller Mixon Moate Moore Moorman Mullis Murphy NeSmith Otwell Pannell Parker of Screven Farmer Payton Phillips of Columbia Poole Potts Purcell Roberts Rodgers of Charlton Roper Ross Rowland Rutland Sangster Scarborough Seoggin Sheffield Sinclair Smith of Grady Smith of Brantley Smith of Fulton

2084

JOURNAL OF THE HOUSE,

Smith of Whitfield Steis Stuckey Tabb Tamplin Taylor of Dawson Teague Thornton

Tucker Twitty Underwood of Taylor Vaughn Walker of Telfair Ware Watson Wells of Peach

Wells of Oconee White Williams of Coffee Willingham Wilson Woodward

Those voting in the negative were Messrs.:

Adams Barnett of Wilkes Barnett of Baker Culpepper

Henderson Lee of Clinch Moss Parker of Ware

Raulerson Simmons Smith of Habersham

Those not voting were Messrs.:

Baughman Blalock Boggs Bolton Brackin Branch Budd Cloer Coll ins Conner Da vis Deen Dicus Doster Plexer Plynt Pordham Fowler of Treutlen Funk Greene Hale Hall of Ployd Hill Hodges

Hurst Johnson Jones of Worth Jones of Sumter Jordan Keadle Killian Kimmons King Lane Langford Loggins Lokey Matthews of Colquitt Morgan Morris Newton Odom Paris Parker of Appling Pelham Phillips of Walton Phillips of Bibb Pickard

Rainey Rogers of Paulding Shuman Simpson Singer Stevens Story Strickland Taylor of Decatur Taylor of Bibb Todd Undercofler Underwood of
Montgomery Waldrop Walker of Lowndes Wells of Camden Wickham Wilkes Williams of Hall Young Mr. Speaker

On the passage of the Bill, as amended, the ayes were 125, nays 11.

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

WEDNESDAY, FEBRUARY 14, 1962

2085

The following communication was received and read:

Dicksie Bradley Bandy Official Ambassador of the Cherokee Nation
640 South Thornton Avenue Dalton, Georgia

Hon. George L. Smith II Speaker of the House

My Dear Mr. Smith:

It is with a heart-filled with gratitude that I search for words to try to express to you and the General Assembly of Georgia my appre ciation for the honor and respect you have shown my beloved grand daughter Chrissie McCutchen, in passing House Resolution 441 on her untimely death.

All of the sweet and comforting words in this Resolution bring a measure of solace to our broken hearts.

Surely no other girl who was spared only eighteen years to live on this earth has had such high honor shown her, and I, her grand-mother know that she deserved it all, for her innermost soul was as beautiful as her lovely face.

May God's richest blessings rest on each and every member of the House and Senate is my prayer.

Gratefully and sincerely, Your friend, Dicksie B. Bandy

Sunday, Feb. llth, 1962.

Perhaps you will express to the General Assembly my appreciation and that of her grief stricken and heart-broken parents, Joe and Chris tine McCutchen.--D.B.

Honorable Marvin Griffin appeared upon the Floor of the House, was in troduced by the Speaker, and delivered the following address:
Mr. Speaker and distinguished Members of the House:
I wish first to express my appreciation to your distinguished presid ing officer for the many courtesies and kindnesses he has always ex tended to me. I wish to be specific and to thank him for his generosity this morning.

2086 i

JOURNAL OF THE HOUSE,
It is a great privilege for anyone to be in the chamber and in the midst of a law-making body. To be present here is to have a better understanding of our republican form of government where the repre sentatives of the people act for the people. In this day of space rockets, intercontinental ballistic missiles, neutrons, the splitting of the atom and the New Frontier, it is easy to confuse democracy with our repub lican form of government.
It is a wonderful experience and a pleasure for a former member of this body and a former chief executive of our great state to visit with you.
In these halls, and on the floor of this chamber and likewise in the halls of the other forty-nine states of this Union, and in these conse crated halls only, will our republican type of representative government, and the sovereignty of the several states be protected, perpetuated and preserved. My association with the General Assembly has always been most pleasant and fruitful.
My friendship with many members of this House has extended over several decades. The most that any man gets out of politics is the warm friendship he makes with Georgians from all sections of our great state.
Colleagues in the General Assembly form friendships that endure down through the years. I have enjoyed the association and the fellow ship with you during this session of the General Assembly. I wish to commend your Presiding Officer for the accuracy and the dispatch with which he has handled the matters coming before this body. He has mani fested a sincere devotion to duty and you have responded in kind.
I have observed your work with sincere interest. I have not tried to influence you on legislation up for consideration before this disting uished body. I have exerted no pressures on you and I have been no hair shirt to the presiding officer or the leadership of this Assembly. I would like to say to you also that I have not encouraged anyone in the Senate, your distinguished counterpart across the hall, to misbehave, and I am not guilty of putting a cockle burr under the saddle blanket of the distinguished presiding officer of the State Senate though I am apt to do so before this summer is out.
Thank you for your consideration and I wish for each of you good health, happiness, success, prosperity and God speed.

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1203. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend an Act by further defining situs of intangible property; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1962

2087

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Stephens Barber Barnett of Wilkes Barnett of Baker Birdsong
Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Brooks of Oglethorpe
Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe
Cloer Collins Crawford Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Echols Fitzgerald F lexer Floyd Flynt

Fordham Fowler of Douglas Funk Hale Hall of Floyd Harrell Henderson Horton Howard Joiner Jones of Liberty Jones of Lumpkin Jones of Sumter
Kelly Kidd Killian Killingsworth King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Burke
Loggins Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McCutchen McDonald Melton Mixon Moorman Morgan Moss

Voting in the negative was Mr. Ballard.

Mullis Newton Odom Pannell Parker of Ware Payton Phillips of Columbia Phillips of Bibb Poole Rainey Raulerson Rowland Rutland Sangster Scoggin Shuman Simmons Simpson Sinclair Smith of Brantley Smith of Whitfield Steis Story Strickland Tabb Taylor of Dawson Thornton Todd Tucker Twitty Underwood of Taylor Vaughn Walker of Telfair Ware Watson Wells of Oconee Williams of Coffee Wilson Young

2088

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Akins Andrews of Hall Arnsdorff Barrett Baughman Boggs Bolton Branch Brantley Brooks of Pulton Budd Cocke Coker Conner Cox Crowe Dicus Doster Dunn Fleming Fowler of Treutlen Fuqua Greene Hall of Lee Hill Hodges Hull Hurst Johnson Jones of Worth

Jordan Keadle Keyton Kimmons Langford Lewis of Wilkinson Matthews of Colquitt McClelland McCracken McGarity Milhollin Miller Moate Moore Morris Murphy Ne Smith Otwell Paris Parker of Screven Parker of Appling Farmer Pelham Phillips of Walton Pickard Potts Purcell Roberts Rodgers of Charlton Rogers of Paulding

Roper Ross Scarborough Sheffield Singer Smith of Grady Smith of Fulton Smith of Habersham Stevens Stuckey Tamplin Taylor of Decatur Taylor of Bibb Teague Undercofler Underwood of
Montgomery Waldrop Walker of Lowndes Wells of Peach Wells of Camden White Wickham Wilkes Williams of Hall Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 117, nays 1.

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

HB 766. By Mr. Odom of Dougherty: A Bill to be entitled an Act to amend the Georgia Industrial Loan Act so as to provide for service of process upon small loan companies; and for other purposes.
The following substitute, offered by the Committee on Banks and Banking, was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Georgia In dustrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431),

WEDNESDAY, FEBRUARY 14, 1962

2089

as amended by an Act approved June 30, 1955 (Ga. Laws 1955, Ex. Sess., p. 57), an Act approved February 13, 1956 (Ga. Laws 1956, p. 87), an Act approved March 8, 1957 (Ga. Laws 1957, p. 331), and an Act approved March 8, 1960 (Ga. Laws 1960, p. 744), to provide for service of process upon small loan companies; 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 Industrial Loan Act", approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended by an Act approved June 30, 1955 (Ga. Laws 1955, Ex. Sess., p. 57), an Act approved Feb ruary 13, 1956 (Ga. Laws 1956, p. 87), an Act approved March 8, 1957 (Ga. Laws 1957, p. 331), and an Act approved March 8, 1960 (Ga. Laws 1960, p. 744) is hereby amended by inserting after Section 23 the follow ing section to be known as Section 24 and to read as follows:

"Section 24. Service of process upon a person doing business under the Georgia Industrial Loan Act may be perfected in the following manner:

"(1) The manager of a person doing business under this Act is hereby designated to receive service of process against such per son. If the manager cannot be located, then any employee of such person is hereby designated to receive such process.

"(2) Or service shall be made by delivery to and leaving with the Georgia Industrial Loan Commissioner or his Deputy two copies of the suit in process. The Commissioner shall forthwith mail by registered mail one of the copies of the suit in process to the de fendant at its last known principal place of business.

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

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

On the passage of the Bill, by substitute, the ayes were 125, nays 0.

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

HR 583-1126. By Messrs. Andrews of Stephens and Purcell of Franklin: A Resolution authorizing the Governor to transfer certain islands lying

2090

JOURNAL OF THE HOUSE,

in the Tugaloo River to the United States of America; and for other purposes.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Coker Collins Cox Culpepper Dollar Dorminy Duncan of Fannin Duncan of Carroll Fitzgerald Fleming F lexer Floyd Plynt

Fordham Fowler of Douglas Funk Fuqua Hall of Lee Harrell Henderson Horton Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelly Keyton Killian Killingsworth Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clayton Lewis of Wilkinson Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen Milhollin Miller Mixon Moate Moorman Morris Moss Mullis Murphy

Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Phillips of Bibb Poole Potts Purcell Raulerson Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Taylor of Dawson Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Walker of Telfair Ware

WEDNESDAY, FEBRUARY 14, 1962

2091

Wells of Peach Wells of Oconee Williams of Coffee

Williams of Hall Willingham Wilson

Young

Those not voting were Messrs.:

Akins Birdsong Boggs Bolton Brackin Branch Brooks of Fulton Budd Cloer Cocke Conner Crawford Crowe Davis Deen Dickey Dicus Doster Dunn Echols Fowler of Treutlen Greene Hale Hall of Floyd Hill Hodges Howard

Hurst Johnson Jones of Liberty Keadle Kidd King Langford Lee of Clinch Lewis of Burke Loggins Lokey Lovett Matthews of Colquitt McCracken McDonald McGarity Melton Moore Morgan NeSmith Newton Parker of Appling Payton Pelham Phillips of Columbia Phillips of Walton Pickard

Rainey Roberts Rodgers of Charlton Rogers of Paulding
Roper Simpson Singer Smith of Brantley Smith of Fulton Story Tamplin Taylor of Decatur Taylor of Bibb Teague Thorn ton Tucker Waldrop Walker of Lowndes Watson Wells of Camden White Wickham Wilkes Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 126, nays 0.

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

Under the General Order of Business established by the Committee on Rules, the following Resolution of the House was again taken up for consideration and read:

HR 473-935. By Mr. Smith of Fulton:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a jury verdict of life imprisonment without parole as an alternative to

2092

JOURNAL OF THE HOUSE,

the death sentence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

The Constitution is hereby amended by adding at the end of Article V, Section I, Paragraph XI, relating to the State Board of Pardons and Paroles, a paragraph which shall read as follows:

"The above paragraph notwithstanding, all capital felony cases

where the jury finds the defendant guilty and does not recommend

mercy thereby subjecting him to the death sentence, such jury may

recommend life imprisonment without a parole and it shall be the

duty of the judge to so sentence such defendant. Once sentenced the

State Board of Pardons and Parole shall not have power to grant

a reprieve, pardon or parole. However, in exceptional cases and by

a unanimous recommendation of the State Board of Pardons and

Paroles, the Governor may grant executive clemency to a defendant

so sentenced, but only after notice of the impending pardon has

been published once a week for four weeks in a newspaper of gen

eral circulation in the county from which said defendant was sen-



tenced."

SECTION 2

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

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

'

"For ratification of amendment to the Constitution so as to

provide for a jury verdict of life imprisonment without parole as an

alternative to the death sentence.

"Against ratification of amendment to the Constitution so as to provide for a jury verdict of life imprisonment without parole as an alternative to the death sentence."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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

WEDNESDAY, FEBRUARY 14, 1962

2093

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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Caldwell Chance Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Cox Crawford Crowe Culpepper Da vis Dickey Dollar

Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fordham Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keyton Killian Killingsworth Kimmons Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lewis of Wilkinson Loggins Lokey Lowrey Mackay Massee

Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moore Moorman Morris Mullis Murphy NeSmith Newton Odom Otwell Pannell Paris Parker of Ware Farmer Payton Phillips of Columbia Phillips of Bibb Pickard Poole Potts Rainey Raulerson Roberts Roper Ross Rowland Rutland Sangster Scarborough Scoggin

2094

JOURNAL OF THE HOUSE,

Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis Stevens

Strickland Stuckey Tabb Tamplin T aylor of Dawson Taylor of Bibb Teague Thornton Switty Underwood of
Montgomery Underwood of Taylor

Vaughn Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.:

Bynum Fowler of Douglas

Kelly Knight of Berrien

Lewis of Burke Tucker

Those not voting were Messrs.:

Andrews of Hall
Bolton Brackin Branch Chandler Coker Conner Deen Dicus Doster Floyd Flynt Fowler of Treutlen Funk Greene Hill

Hodges Hurst Johnson Keadle Kidd King Lane Langford Lovett Matthews of Clarke McCracken McGarity Morgan Moss Parker of Screven Parker of Appling Pelham

Phillips of Walton Purcell Rodgers of Charlton Rogers of Paulding Smith of Brantley Story Taylor of Decatur Todd Undercofler Waldrop Walker of Lowndes Wells of Camden Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 6.

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

Mr. Fordham of Bulloch requested that the Journal show him as having voted "Nay" rather than "Aye" on the adoption of HR 473-935.

WEDNESDAY, FEBRUARY 14, 1962

2095

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate agreed to the Report of the Committee of Conference on the following Bill of the House:

HB 882. By Mr. Caldwell of Upson:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for the redefinition of a lienholder; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 882. By Mr. Caldwell of Upson: A Bill to be entitled an Act to amend the Motor Vehicle Certificate of Title Act so as to provide for the redefinition of a lienholder; and for other purposes.
The following report of the Committee of Conference was read:
Mr. President, your Conference Committee having met and recom mends the following:
That the Senate recede from its position on HB 882 by withdraw ing its amendment. We further recommend that HB 882 be amended as follows:
By inserting between the second and third sentences of the quoted matter cited as "Section 6 (a)" in Section 4 of said Bill a sentence to read as follows:
"Provided, that by January 1, 1969, all model vehicles shall have a certificate of title."
ON THE PART OF THE SENATE Staples of 37th Conger of 8th White of 39th
ON THE PART OF THE HOUSE Jones of Lumpkin Duncan of Carroll Caldwell of Upson

2096

JOURNAL OF THE HOUSE,

Mr. Caldwell of Upson moved that the House adopt the report of the Com mittee of Conference.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Bowen of Randolph Boyett Bozeman Brackin Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Coker Collins Cox Crowe Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Funk
Fuqua Hall of Lee Hall of Floyd

Harrell Henderson Horton Howard Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keyton Killingsworth Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clayton Lewis of Wilkinson Lewis of Burke Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen Melton Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling

Farmer Payton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Ross Rowland Rutland gangster Scoggin Sheffield Simmons Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Young

WEDNESDAY, FEBRUARY 14, 1962

2097

Voting in the negative was Mr. Scarborough.

Those not voting were Messrs.:

Akins Andrews of Hall Barrett Birdsong Black Boggs Bolton Bowen of Toombs Branch Brooks of Fulton Clarke of Monroe Cloer Cocke Conner Crawford Culpepper Da vis Deen Dickey Dicus Doster Fowler of Treutlen Greene Hale

Hill Hodges Hurst Johnson Jones of Liberty Keadle Kelly Kidd Killian King Lee of Clinch Loggins Lokey Lovett McCracken McDonald McGarity Morgan Murphy NeSmith Newton Pelham Phillips of Columbia Phillips of Walton

Pickard Rogers of Paulding Roper Shuman Simpson Singer Smith of Brantley Smith of Fulton Story Taylor of Decatur Taylor of Bibb Thornton Underwood of Taylor Waldrop Walker of Lowndes Walker of Telfair Ware Watson Wells of Camden White Wickham Wilkes Woodward Mr. Speaker

On the motion, the ayes were 132, nays 1.

The report of the Committee of Conference on HB 882 was adopted.

Under the General Order of Business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 278. By Senator Johnson of the 46th:
A Bill to be entitled an Act to prohibit picketing around State property; and for other purposes.

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

2098

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Stephens Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Birdsong Blalock
Boggs Bowen of Randolph Boyett Bozeman Brackin Brooks of Oglethorpe Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Collins
Cox
Crowe Culpepper Dollar Dorminy Duncan of Pannin Dunn Echols Fitzgerald Fleming Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Hale Hall of Lee Harrell

Henderson Horton Howard Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Killingsworth Kimmons Kirkland Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lowrey Massee Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald Milhollin Miller Mixon Moate Moore Moorman Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer

Payton Phillips of Columbia Phillips of Bibb Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Thornton Todd Tucker Twitty Undercofler Underwood of Taylor Vaughn Ware Watson Wells of Oconee Williams of Coffee Williams of Hall Willingham Young

Those voting in the negative were Messrs. Coker and Mackay.

Those not voting were Messrs.:

Akins Andrews of Hall

Barnett of Wilkes Black

Bolton Bowen of Toombs

WEDNESDAY, FEBRUARY 14, 1962

2099

Branch Brantley Brooks of Pulton Caldwell Cloer Conner Crawford Davis Deen Dickey Dicus Doster Duncan of Carroll Flexer Fowler of Treutlen Greene Hall of Floyd Hill Hodges Hurst Johnson

Jones of Liberty Kidd Killian King Knight of Laurens Langford Loggins Lokey Lovett McClelland McGarity Melton Morgan NeSmith Parker of Appling Pelham Phillips of Walton Pickard Poole Rogers of Paulding Simpson

Singer Smith of Brantley Smith of Fulton
Story Taylor of Decatur Taylor of Bibb Underwood of
Montgomery Waldrop Walker of Lowndes Walker of Telfair Wells of Peach Wells of Camden White Wickham Wilkes Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 2.

The Bill, having received the requisite constitutional majority, was passed.
SB 168. By Senators Brown of the 52nd, McWhorter of the 34th, and others: A Bill to be entitled an Act to repeal an Act governing the admission of students to the University of Georgia and all of its branches as to age; and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Arnsdorff Barber Barnett of Baker

Baughman Birdsong Blalock Bowen of Randolph Boyett Bozeman

Brackin Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee

2100

JOURNAL OP THE HOUSE,

Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Cox Crowe Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Floyd Flynt Fowler of Douglas Funk Fuqua Hall of Lee Harrell Henderson Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelly Keyton Kidd Killian

Killingsworth Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clayton Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity Melton Milhollin Miller Mixon Moate Moore Morris Moss Mullis Odom Otwell Pannell Paris Farmer Payton Phillips of Bibb Potts

Purcell Rainey Raulerson Roberts Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Stuckey Tabb
Tamplin T aylor of Dawson Teague Thornton Todd Tucker Twitty Undercofler Vaughn Walker of Telfair Ware Williams of Coffee Williams of Hall Wilson Young

Those voting in the negative were Messrs. Andrews of Hall, Culpepper and Murphy.

Those not voting were Messrs.:

Andrews of Stephens Ballard Barnett of Wilkes Barrett Black Boggs Bolton
Bowen of Toombs Branch Brantley Caldwell

Cloer Cocke Coker Collins Conner Crawford Davis
Deen Dickey Dicus Dollar

Dorminy Doster Fordham Fowler of Treutlen Greene Hale Hall of Floyd Hodges Hurst Johnson Keadle

WEDNESDAY, FEBRUARY 14, 1962

2101

King Langford Lee of Clinch
Loggins Lokey McCracken Moorman Morgan NeSmith Newton Parker of Screven Parker of Ware Parker of Appling Pelham
Phillips of Columbia Phillips of Walton

Phillips of Bibb Pickard Poole
Rodgers of Charlton Rogers of Paulding Roper Ross Sheffield Simpson Singer Smith of Brantley Smith of Whitfield Story Strickland
Taylor of Decatur Taylor of Bibb

Underwood of Montgomery
Underwood of Taylor
Waldrop Walker of Lowndes Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Willingham Woodward
Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 3.

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

Mr. Andrews of Hall stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".

SB 55. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to clarify the procedure in garnishment cases; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins
Andrews of Stephens Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett

Black Bozeman
Brooks of Fulton Budd Busbee Bynum Caldwell Chandler

Clark of Catoosa Clarke of Monroe
Collins Cox Crawford Culpepper Davis Deen

2102

JOURNAL OF THE HOUSE,

Dickey Dorminy Duncan of Pannin Fleming F lexer Floyd Funk Fuqua Hale Hall of Lee Harrell Henderson Horton Hull Joiner Jones of Worth Jones of Sumter Jordan Kelly Keyton Kidd Killian Kirkland Knight of Laurens Langford Lee of Clayton Lewis of Burke Lokey

Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McCutehen McDonald Melton Milhollin Miller Mixon Moore Moorman Morgan Morris Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Phillips of Bibb Poole Purcell Rodgers of Charlton

Rowland Rutland Scarborough Scoggin Simmons Sinclair Singer Smith of Grady Smith of Habersham Steis Stevens Story Strickland Stuckey Tabb Teague Thornton Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Walker of Telfair Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Abney Andrews of Hall Baughman Birdsong Blalock
Bolton Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Brantley Brooks of Oglethorpe Chance Cloer Cocke Coker Conner Crowe Dicus Dollar Doster

Duncan of Carroll Echols Fitzgerald Flynt Fordham Fowler of Douglas Fowler of Treutlen Greene Hall of Floyd Hill Hodges Howard Hurst Johnson Jones of Liberty Jones of Lumpkin Keadle Killingsworth Kimmons King Knight of Berrien Lane Lee of Clinch

Loggins Lovett Massee McClelland McGarity Mullis NeSmith Parker of Ware Payton Pelham Phillips of Columbia Phillips of Walton Pickard Potts Rainey Raulerson Roberts Rogers of Paulding Roper Ross Sangster Sheffield Shuman

WEDNESDAY, FEBRUARY 14, 1962

2108

Simpson Smith of Brantley Smith of Fulton Smith of Whitfield
Taylor of Dawson Taylor of Decatur Taylor of Bibb

Todd Underwood of Taylor Waldrop Walker of Lowndes
Ware Watson Wells of Peach

Wells of Camden White Wickham Wilkes Woodward Mr. Speaker

Those voting in the negative were Messrs.:

Ballard Brown Dunn

Lewis of Wilkinson Moate Moss

Tamplin Wells of Oconee Williams of Hall

On the passage of the Bill, the ayes were 107, nays 9.

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

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 1122. By Mr. Watson of Houston:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Warner Robins to abandon a sewer easement; and for other purposes.

The following Senate Amendment was read:
The Committee on County and Municipal Governments moves to amend HB 1122 by striking from Section 2 after the words "the South line of Land Lot" the figures "174" and inserting in lieu thereof the figures "164".
Said Act is further amended by striking from Section 2 the follow ing words and figures:
"distance of 4,669 feet to a point; thence extend South for a distance of 830.3 feet to a point;"
and inserting in lieu thereof the following words and figures:
"distance of 3,016 feet to a point, thence South along the Easterly boundary of County Road for a distance of 785 feet to a point, thence South 89 degrees 41 minutes 30 seconds East for a distance of 385 feet to a point, thence North 0 degrees 18 minutes

2104

JOURNAL OF THE HOUSE,

SO seconds East for a distance of 300 feet to a point, thence South 89 degrees 41 minutes 30 seconds East for a distance of 1,035 feet to a point, thence North 0 degrees 53 minutes 30 seconds East for a distance of 413 feet to a point;"

Mr. Watson of Houston moves that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 107, nays 0.

The Senate amendment to HB 1122 was agreed to.

HB 1167. By Messrs. Teague, Wilson and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Marietta; and for other purposes.

The following Senate amendment was read:
The County and Municipal Governments Committee moves to amend HB 1167 as follows:
By adding in Section 4 of the Bill in the quoted matter designated as Section 3A in the fourth sentence thereof after the words "complete compensation" and before the words "and he" the following:
"for all services rendered the City and its Board of Lights and Waterworks in whatever capacity,"
By striking the first sentence in the language quoted as Section 3B in Section 5 of said Bill, and inserting in lieu thereof the following:
"In order to be elected as a councilman from a ward of can didate must receive a majority of the votes either in a special election or in the regular election in such ward."
By striking the third sentence from the language quoted as Section 3B in Section 5 of said Bill, and inserting in lieu thereof the following:
"Such run-off election shall be held two weeks from the date of the regular election or a special election as the case may be."

Mr. Willingham of Cobb moved that the House agree to the Senate amend ment.

WEDNESDAY, FEBRUARY 14, 1962

2105

On the motion to agree, the ayes were 116, nays 0.

The Senate amendment to HB 1167 was agreed to.

HB 1117. By Mr. Davis of Wayne.
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.

The following Senate amendments were read:
Senator Long of the 3rd moves to amend HB 1117 as follows:
By inserting in the title before the words "to repeal conflicting laws" the words "to provide for a referendum".
By renumbering Section 28 as Section 29.
By adding a new Section 28 which shall read as follows:
"Section 28. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordi nary of Wayne County to issue the call for an election for the purpose of submitting this Act to the voters of Wayne County for approval or rejection. The date of such election shall be on the same date of the general election in 1962. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Wayne County. The ballot shall have written or printed thereon the words:
"For approval of the Act to create a Board of Commissioners of Roads and Revenues for Wayne County, Georgia;
"Against approval of the Act to create a Board of Commis sioners of Roads and Revenues for Wayne County, Georgia.
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Wayne County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

2106

JOURNAL OF THE HOUSE,

Senator Long of the 3rd moves to amend HB 1117 as follows:

By adding after the sixth sentence in Section 9 the following:

"Provided, however, that no such petition shall be presented to the Ordinary more than fifteen days after it is first placed in the Ordinary's office for the purpose of obtaining signatures thereon, any petition presented after such fifteen day period shall be void and of no force and effect."

Mr. Davis of Wayne moved that the House agree to the Senate amendments.

On the motion to agree, the ayes were 110, nays 0.

The Senate amendments to HB 1117 were agreed to.

Under the General Order of Business established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 738. By Messrs. Busbee of Dougherty, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend the Code so as to provide for the abandonment of the militia district as the geographical basis for repre sentation on a local school board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Barber Bowen of Randolph Bozeman Busbee Davis Fowler of Douglas Hall of Lee Howard

Jones of Liberty Jones of Lumpkin Keyton Lee of Clayton Lokey Lowrey Mackay Miller Moate Newton

Pannell Rowland Rutland Scarborough Sinclair Smith of Grady Stevens Story Twitty

WEDNESDAY, FEBRUARY 14, 1962

2107

Those voting in the negative were Messrs.:

Adams Arnsdorff Ballard Barnett of Wilkes Barnett of Baker Baughman Blalock Bogg; Boyett Brackin Brooks of Oglethorpe Brown Bynum Chance Chandler Clarke of Monroe Cloer Collins Conner Crawford Culpepper Deen Dickey Dollar Dorminy Duncan of Fannin Dunn Fleming Floyd Flynt

Fordham Funk Hale Harrell Henderson Horton Hull Joiner Jones of Worth Jordan Killingsworth Kimmons Lane Langford Lee of Clinch Lewis of Burke Loggins Massee Matthews of Colquitt McCutchen McDonald Melton Milhollin Mixon Moore Moorman Morgan Morris Mullis Murphy

Odom Otwell Parker of Screven Parker of Ware Parker of Appling Phillips of Bibb Poole Rainey Raulerson Roberts Roper Sangster Scoggin Simmons Steis Strickland Stuckey Tabb Tamplin Teague Thornton Todd Vaughn Walker of Telfair Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Akins Andrews of Hall Barrett Birdsong Black Bolton Bowen of Toombs Branch Brantley Brooks of Fulton Budd Caldwell Clark of Catoosa Cocke Coker Cox Crowe Dicus Doster Duncan of Carroll

Echols Fitzgerald Flexer Fowler of Treutlen Fuqua Greene Hall of Floyd Hill Hodges Hurst Johnson Jones of Sumter Keadle Kelly Kidd Killian King Kirkland Knight of Laurens Knight of Berrien

Lewis of Wilkinson Lovett Matthews of Clarke McClelland McCracken McGarity Moss NeSmith Paris Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard Potts Purcell Rodgers of Charlton Rogers of Paulding Ross

2108

JOURNAL OP THE HOUSE,

Sheffield Shuman Simpson
Singer Smith of Brantley Smith of Fulton Smith of Habersham
Smith of Whitfield Taylor of Dawson

Taylor of Decatur Taylor of Bibb Tucker
Undercofler Underwood of
Montgomery Underwood of Taylor
Waldrop Walker of Lowndes

Ware Watson Wells of Peach Wells of Camden White Wickham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 29, nays 90.

The Bill, having failed to receive the requisite constitutional majority, was lost.

SB 56. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend an Act relating to discovery, dis positions and interrogatories so as to define the method of service of notices, and for other purposes.

The following committee amendment was read and adopted:
The House Judiciary Committee moves to amend SB 56 by adding to Section 3 thereof, at the end of Code Sec. 38-2114, the words:
"or which was named in the notice. Provided however, nothing here in shall be construed as repealing Code Sec. 114-713, relating to exami nation of claimants pursuant to order of the Board or any member thereof."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Andrews of Stephens Arnsdorff Ballard Barber

Barnett of Wilkes Barnett of Baker Baughman Black Blalock Bowen of Randolph

Bowen of Toombs Bozeman Brantley Brooks of Oglethorpe Brown Busbee

WEDNESDAY, FEBRUARY 14, 1962

2109

Bynum Caldwell Chandler Clark of Catoosa Cloer Coker Collins Crowe Culpepper Davis Deen Dollar Dorminy Duncan of Pannin Dunn Fitzgerald Fleming Floyd Fowler of Douglas Funk Fuqua Hale Hall of Lee Harrell Henderson Hill Horton Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

Kelly Keyton Killian Knight of Berrien Langford Lee of Clinch Lee of Colquitt Lewis of Wilkinson
Logging Lowrey Mackay Massee Matthews of Colquitt McClelland McCracken McCutchen Melton Miller Mixon Moorman Morgan Morris Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Ware Parker of Appling Farmer Payton

Poole Potts Purcell Raulerson Rowland Rutland Sangster Scarborough Scoggin Sinclair Smith of Grady Smith of Brantley Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Twitty Undercofler Underwood of Taylor Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Akins Andrews of Hall Barrett Birdsong Boggs Bolton Boyett Brackin Branch Brooks of Fulton Budd Chance Clarke of Monroe Cocke Conner Cox Crawford Dickey Dicus

Doster Duncan of Carroll Echols Flexer Flynt Fordham Fowler of Treutlen Greene Hall of Floyd Hodges Howard Hurst Johnson Jones of Liberty Keadle Kidd Killingsworth Kimmons King

Kirkland Knight of Laurens Lane Lewis of Burke Lokey Lovett Matthews of Clarke McDonald McGarity Millhollin Moate Moore Moss NeSmith Parker of Screven Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb

2110

JOURNAL OF THE HOUSE,

Pickard Rainey Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Sheffield Shuman Simmons Simpson Singer

Smith of Fulton Smith of Habersham Taylor of Decatur Taylor of Bibb Thornton Todd Tucker Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes

Walker of Telfair Ware Watson Wells of Peach Wells of Camden White Wickham Wilkes Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

SB 57. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to provide for extensions of time for the filing of defensive pleadings by agreement of counsel; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Bolton Bowen of Randolph Boyett Bozeman Brooks of Oglethorpe

Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Cloer Collins Crawford Culpepper Davis Deen Dickey

Dollar Dorminy Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming Floyd Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell

WEDNESDAY, FEBRUARY 14, 1962

2111

Henderson Horton Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelly Keyton Killian Kimmons Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken

McCutchen McDonald Melton Milhollin Miller Mixon Moate Moorman Morgan Morris Murphy Newton Odom Otwell Pannell Paris Parker of Ware Parker of Appling Farmer Payton Phillips of Bibb Poole Potts Purcell Raulerson Rowland Rutland

Sangster Scoggin Shuman Simmons Sinclair Smith of Grady Smith of Brantley Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Thornton Todd Twitty Undercofler Underwood of Taylor Vaughn Walker of Telfair Wells of Oconee Williams of Hall Willingham Wilson Young

Voting in the negative was Mr. Scarborough.

Those not voting were Messrs.:

Adams Akins Barrett Birdsong Black Boggs Bowen of Toombs Brackin Branch Brantley Chance Clarke of Monroe Cocke Coker Conner Cox Crowe Dicus Doster Dunn Plexer

Plynt Fordham Fowler of Treutlen Greene Hill Hodges Howard Hurst Johnson Jones of Liberty Keadle Kidd Killingsworth King Knight of Laurens Lane Loggins Lovett McGarity Moore Moss

Mullis NeSmith Parker of Screven Pelham Phillips of Columbia Phillips of Walton Pickard Rainey Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Sheffield Simpson Singer Smith of Fulton Smith of Habersham Smith of Whitfield Steis Taylor of Decatur

2112

JOURNAL OF THE HOUSE,

Taylor of Bibb Tucker Underwood of
Montgomery Waldrop Walker of Lowndes

Ware Watson Wells of Peach Wells of Camden White Wickham

Wilkes Williams of Coffee Woodward Mr. Speaker

On the passage of the Bill, the ayes were 126, nays 1.

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

SB 58. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend Code Section 24-2104 so as to redefine when business may be transacted with the Ordinary; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Bolton Boyett Bozeman Brantley Brooks of Oglethorpe Brown Budd Bynum Caldwell Chandler Clark of Catoosa Cloer Collins Crawford

Culpepper Davis Deen Dollar Duncan of Pannin Duncan of Carroll Fitzgerald Fleming Flexer Floyd Fowler of Douglas Funk Fuqua Hale Hall of Lee Harrell Henderson Horton Hull Joiner Jones of Worth Joues of Lumpkin

Jones of Whitfield Kelly Keyton Killian Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lowrey Mackay Massee McClelland McCracken McCutchen McDonald Melton Milhollin Miller Mixon Moate

WEDNESDAY, FEBRUARY 14, 1962

2113

Moore Moorman Morgan Morris Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Farmer Payton Phillips of Walton

Poole Rainey Raulerson Rowland Sangster Scarborough Scoggin Smith of Grady Smith of Brantley Smith of Whitfield Stevens Story Stuckey Tabb Tamplin

Taylor of Dawson Teague Thorn ton
Twitty Undercofler Underwood of Taylor Vaughn Walker of Telfair Wells of Peach Wells of Oconee Williams of Coffee Wilson Young

Those not voting were Messrs.:

Adams Akins Andrews of Hall Arnsdorff
Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Pulton Busbee Chance Clarke of Monroe Cocke Coker Conner Cox Crowe Dickey Dicus Dorminy Doster Dunn Echols Flynt Fordham Fowler of Treutlen Greene Hall of Floyd Hill

Hodges Howard Hurst Johnson Jones of Liberty Jordan Keadle Kidd Killingsworth Kimmons King Knight of Laurens Lane Lewis of Burke Loggins Lokey Lovett Matthews of Clarke Matthews of Colquitt McGarity Moss Mullis NeSmith Parker of Appling Pelham Phillips of Columbia Phillips of Bibb Pickard Potts Purcell Roberts Rodgers of Charlton Rogers of Paulding

Roper Ross Rutland Sheffield Shuman Simmons Simpson Sinclair Singer Smith of Fulton Smith of Habersham Steis Strickland Taylor of Decatur Taylor of Bibb Todd Tucker Underwood of
Montgomery Waldrop Walker of Lowndes Ware Watson Wells of Camden White Wickham Wilkes Williams of Hall Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 109, nays 0.

2114

JOURNAL OF THE HOUSE,

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

SB 60. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to clarify the procedure relating to attach ment cases; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Boyett Bozeman Brooks of Oglethorpe Brown Busbee Bynum Caldwell Chandler Cloer Cocke Collins Crawford Crowe Culpepper Davis Been Dollar Dorminy Duncan of Fannin Dunn Fleming Flexer Floyd Flynt Fowler of Douglas Hall of Lee Harrell Henderson

Horton Hull Joiner Jones of Worth Jones of Lumpkin Jordan Kelly Keyton Killian Kirkland Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Melton Miller Mixon Moate Moorman Morgan Morris Moss Mullis Murphy NeSmith Newton Odom Otwell

Pannell Paris Parker of Screven Parker of Ware Farmer Payton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rowland Sangster Scarborough Scoggin Sheffield Sinclair Smith of Grady Smith of Habersham Smith of Whitfield Steis Stevens Story Tabb Taylor of Dawson Teague Thornton Twitty Underwood of Taylor Walker of Telfair Wells of Peach Wells of Oconee Williams of Coffee Wilson Young

WEDNESDAY, FEBRUARY 14, 1962

2115

Those voting in the negative were Messrs.: Tamplin

Those not voting were Messrs.:

Adams Andrews of Hall Birdsong Black Blalock
Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Budd Chance Clark of Catoosa Clarke of Monroe Coker Conner Cox Dickey Dicus Doster Duncan of Carroll Echols Fitzgerald Fordham Fowler of Treutlen Funk Fuqua Greene

Hale Hall of Floyd Hill Hodges Howard Hurst Johnson Jones of Liberty Jones of Sumter Keadle Kidd Killingsworth Kimmons King Lane Lewis of Burke Loggins Lokey Lovett McDonald McGarity Milhollin Moore Parker of Appling Pelham Phillips of Columbia Phillips of Walton Pickard Rodgers of Charlton Rogers of Paulding Roper

Boss Rutland Shuman Simmons Simpson Singer Smith of Brantley Smith of Fulton Strickland Stuckey Taylor of Decatur Taylor of Bibb Todd Tucker Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes
Ware Watson Wells of Camden White Wickham Wilkes Williams of Hall Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 113. nays 1.

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

SB 235. By Senators Hart of the 53rd, Dykes of the 14th, and others:
A Bill to be entitled an Act to amend an Act relating to payment of educational grants to school children; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Baughman Blalock Bolton Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Chandler Clarke of Monroe Cloer Collins Conner Cox Crawford Crowe Culpepper Davis Been Dickey Dollar Dorminy Duncan of Pannin Duncan of Carroll Dunn Echols Fleming Flexer Floyd Flynt Fordham Fowler of Douglas Punk Hale

Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Lokey Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen Melton Milhollin Miller Mixon Moate Moorman Morgan Morris Moss Mullis Murphy Newton Odom

Pannell Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rutland Sangster Scarborough Scoggin Sheffield Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens Story Strickland Stuckey Tabb Tamplin Taylor of Dawson Teague Thornton Todd Twitty Undercofler Underwood of Taylor Walker of Telfair Wells of Peach Wells of Oconee Williams of Coffee Willingham Wilson Young

Those not voting were Messrs.:

Adams Andrews of Hall Barrett Birdsong Black Boggs

Bowen of Randolph Bowen of Toombs Boyett Brackin Branch Budd

Chance Clark of Catoosa Cocke Coker Dicus Doster

WEDNESDAY, FEBRUARY 14, 1962

2117

Fitzgerald Fowler of Treutlen Fuqua Greene Hodges Hurst Johnson Jones of Liberty Kimmons King Lane Langford
Lewis of Burke Loggins Lovett Matthews of Colquitt McCracken McDonald

McGarity Moore NeSmith Otwell Paris Pelham Phillips of Columbia Phillips of Walton Pickard Rodgers of Charlton Rogers of Paulding Roper
Ross Rowland Shuman Simmons Simpson Singer

Smith of Fulton Taylor of Decatur Taylor of Bibb Tucker Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Ware Watson Wells of Camden
White Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 0.

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

SB 259. By Senator Claxton of the 21st:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System so as to provide certain service credit for members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Akins Andrews of Stephens Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Black Blalock

Bolton Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Chandler Clarke of Monroe

Cloer Collins Conner Cox Crawford Crowe Culpepper Davis Deen Dickey

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JOUENAL OF THE HOUSE,

Dollar Dorminy Duncan of Pannin Duncan of Carroll Echols Fleming Flexer Floyd Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Killian Killingsworth

Kirkland Knight of Berrien Langford Lee of Clayton Lewis of Wilkinson Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen Melton Milhollin Miller Mixon Moate Morgan Morris Moss Mullis Murphy Newton Odom Pannell Parker of Screven Parker of Appling Payton Phillips of Bibb Poole Purcell

Rainey Roberts Rowland Rutland Scoggin Sheffield Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield
Steis Stevens
Story Stuckey Tabb Taniplin Taylor of Dawson Teague Thornton Todd Twitty Underwood of Taylor Walker of Telfair Wells of Peach Wells of Oconee Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.: Raulerson

Those not voting were Messrs.:

Abney Andrews of Hall Arnsdorff Baughman Birdsong
Boggs Bowen of Randolph Bowen of Toombs Boyett
Brackin Branch
Brantley Budd
Chance Clark of Catoosa Cocke Coker

Dicus Doster Dunn Fitzgerald Flynt Fordham Fowler of Treutlen Greene Hill Hodges Hurst Johnson
Kidd Kimmons
King Knight of Laurens Lane

Lee of Clinch Lewis of Burke Loggins
Lokey Lovett Matthews of Colquitt McCracken McDonald McGarity
Moore Moorman NeSmith
Otwell Paris Parker of Ware Farmer Pelham

WEDNESDAY, FEBRUARY 14, 1962

2119

Phillips of Columbia Phillips of Walton Pickard Potts Rodgers of Charlton Rogers of Paulding Roper Ross Sangster Scarborough Shuman Simmons

Simpson Singer Smith of Fulton Strickland Taylor of Decatur Taylor of Bibb Tucker Undercofler Underwood of
Montgomery Vaughn Waldrop

Walker of Lowndes Ware Watson Wells of Camden White Wickham Wilkes Williams of Hall Woodward Mr. Speaker

On the passage of the Bill, the ayes were 120, nays 1.

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

Mr. Abney of Walker requested that he be recorded as voting "Aye" on SB 259.

SB 230. By Senators Owens of the 32nd and Overby of the 33rd:
A Bill to be entitled an Act to create the Lake Lanier Islands Develop ment Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Black Blalock

Boggs Bolton Bowen of Randolph Brooks of Oglethorpe Brown Busbee Bynum Chandler Clarke of Monroe Cloer Collins Conner

Crawford Crowe Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols

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JOURNAL OP THE HOUSE,

Fitzgerald Fleming Flexer
Floyd Fordham Fowler of Douglas Funk Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Hull Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Kidd Killian Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey

Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Melton Milhollin Miller Mixon Moate Moorman Morgan Morris Mullis Murphy Newton Otwell Pannell Parker of Screven Parker of Appling Farmer Payton Phillips of Bibb Poole Potts Rainey Raulerson Roberts Roper Rutland

Scoggin Sheffield Shuman Simpson Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Story Strickland Stuckev Tabb Tamplin Taylor of Dawson Teague Thornton Todd Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Walker of Telfair Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs. :

Adams Andrews of Hall Birdsong Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Fulton Budd Caldwell Chance Clark of Catoosa Cocke Coker Cox Dicus Doster Flynt

Fowler of Treutlen Fuqua Greene Hill Hodges Howard Hurst Johnson Joiner Keyton Killingsworth Kimmons King Kirkland Langford Lokey Lovett McCracken McGarity Moore

Moss NeSmith Odom Paris Parker of Ware Pelham Phillips of Columbia Phillips of Walton Pickard Purcell Rodgers of Charlton Rogers of Paulding Ross Rowland Sangster Scarborough Simmons Singer Smith of Fulton Stevens

WEDNESDAY, FEBRUARY 14, 1962

2121

Taylor of Decatur Taylor of Bibb Tucker Vaughn Waldrop

Walker of Lowndes Ware Watson Wells of Peach Wells of Camden

White Wickham Wilkes Woodward Mr. Speaker

On the passage of the Bill, the ayes were 130, nays 0.

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

SB 193. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Code Chapter 84-1 relating to Joint Secretary of State Examining Boards; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Blalock Bolton Bowen of Randolph Boyett Bozeman Brown Busbee Bynum Caldwell Chandler Clarke of Monroe Collins Conner Crawford Crowe

Culpepper Davis Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Fleming Flexer Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Horton Hull Joiner

Jones of Worth Jones of Lumpkin Jones of Sumter Kelly Keyton Kidd Killian Killingsworth Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald

2122

JOURNAL OF THE HOUSE,

Melton Milhollin Miller Mixon Moorman Morris Moss Mullis Murphy Odom Otwell Pannell Parker of Screven Parker of Appling Farmer Payton Phillips of Bibb

Poole Eainey Raulerson Rodgers of Charlton Rowland Rutland Scarborough Scoggin Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey

Tabb Tamplin Taylor of Dawson Teague Thorn ton Todd Twitty Undercofler Underwood of Taylor Walker of Telfair Ware Wells of Peach Wells of Oconee Williams of Coffee Willingham Young

Those not voting were Messrs.:

Abney Adams Andrews of Hall Birdsong Black Boggs Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Budd Chance Clark of Catoosa Cloer Cocke Coker Cox Dicus Doster Floyd Flynt Fowler of Treutlen Greene Hale Hill Hodges

Howard Hurst Johnson Jones of Liberty Jordan Keadle Kimmons King Lane Langford Lokey Lovett McCracken McGarity Moate Moore NeSmith Newton Paris Parker of Ware Pelham Phillips of Columbia Phillips of Walton Pickard Potts Purcell Roberts Rogers of Paulding

Roper Ross Sangster Sheffield Shuman Simmons Simpson Singer Smith of Fulton Story Taylor of Decatur Taylor of Bibb Tucker Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Watson Wells of Camden White Wickham Wilkes Williams of Hall Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 123, nays 0.

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

WEDNESDAY, FEBRUARY 14, 1962

2123

SB 211. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act providing for physical examinations for prospective employees of the State; and for other purposes.

The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend SB 211 by inserting a comma after the word "expense" in line 3 of Section 1 (B).

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Blalock Bowen of Randolph Boyett Bozeman Brooks of Oglethorpe Busbee Bynum Caldwell Chandler Clarke of Monroe Collins Crawford Crowe Culpepper Davis Deen Dollar Duncan of Fannin Duncan of Carroll Dunn Echols Fleming Flexer Fowler of Douglas

Funk Fuqua Hall of Lee Hall of Floyd Henderson Horton Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Kelly Keyton Kidd Killian Killingsworth Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald

Melton Milhollin Mixon Morgan Morris Moss Mullis Murphy Odom Otwell Pannell Paris Parker of Screven Parker of Appling Farmer Payton Phillips of Bibb Poole Potts Rainey Raulerson Rodgers of Charlton Rutland Sangster Scarborough Scoggin Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield

2124

JOURNAL OF THE HOUSE,

Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson

Teague Thornton Todd Twitty Undercofler Underwood of Taylor Walker of Telfair

Ware Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Young

Those not voting were Messrs.:

Abney Adams Akins Andrews of Hall Barnett of Baker Bird song Black Boggs Bolton Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Brown Budd Chance Clark of Catoosa Cloer Cocke Coker Conner Cox Dickey Dicus Dorminy Doster Fitzgerald Floyd Flynt Fordham

Fowler of Treutlen Greene Hale Harrell Hill
Hodges Howard Hurst Johnson Jordan Keadle Kimmons King Knight of Laurens Lane Loggins Lokey Lovett Mackay McCracken McGarity Miller Moate Moore Moorman NeSmith Newton Parker of Ware Pelham Phillips of Columbia Phillips of Walton

Pickard Purcell Roberts Rogers of Paulding Roper Ross Rowland Sheffield Shuman Simmons Simpson Singer Smith of Fulton Story Taylor of Decatur Taylor of Bibb Tucker Underwood of
Montgomery Vaughn Waldrop Walker of Lowndes Watson Wells of Camden White Wickham Wilkes Willingham Wilson Woodward Mr. Speaker

On the passage of the Bill, as amended, the ayes were 113, nays 0.

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

By unanimous consent, the following Resolutions of the House and Senate were read and adopted:

WEDNESDAY, FEBRUARY 14, 1962

2125

HR 661-1254. By Messrs. McCracken of Jefferson, Underwood of Montgomery and Willingham of Cobb:

A RESOLUTION

Amending a Resolution creating the Election Laws Study Commit tee, approved March 28, 1961 (Ga. Laws 1961, p. 276), so as to remove the provisions relating to time; and for other purposes.

WHEREAS, the Election Laws Study Committee, created in 1961, has made a report to the General Assembly accompanied by proposed legislation; and

WHEREAS, the report has shown that the monumental task as signed to the Committee could not possibley be achieved in the period of twenty days allotted to the Committee; and

WHEREAS, it is desirable that the Committee be authorized suffi cient time in which to perform its duties;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Resolution creating the Election Laws Study Committee, approved March 28, 1961 (Ga. Laws 1961, p. 276), is hereby amended by striking therefrom the following:

"Provided, however, that said Committee shall be limited to a total time of twenty (20) days for the purposes herein set forth."

HR 687. By Mr. Williams of Hall:
A RESOLUTION
Authorizing the Speaker to take action to improve the public address system in the House; and for other purposes.
WHEREAS, it is a despicable condition when one member sitting at one side of the House cannot understand the words spoken by a member on the podium or in any other part of the House because of the inadequacy of the public address system and the generally poor acoustics of the House Chamber; and
WHEREAS, it is imperative to the work of the House of Repre sentatives that all members hear and understand what their cohorts expound and elaborate upon; and
WHEREAS, if this body is to continue producing progressive legis lation for this State the sorry conditions herein cited must be improved;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker be appointed as a committee of one, or in his discretion he may appoint a committee consisting of

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JOURNAL OF THE HOUSE,

members of the House not to exceed five (5) in number to study the problem of acoustics in the House Chamber and how the same may be improved.

BE IT FURTHER RESOLVED that the Speaker or the commit tee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. In order to more efficiently carry out its duties the Speaker or committee is au thorized to employ clerical help and fix the compensation therefor. Funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The Speaker or the appointed committee is hereby authorized after it has made its findings and has investigated the matter to take such steps as may be necessary for the improvement of the acoustics of the House Chamber. Such improvement shall be completed on or before the be ginning of the 1963 Session of the General Assembly.

HR 684. By Mr. Fowler of Douglas:
A RESOLUTION
WHEREAS, the State of Georgia is entering into a period of an ticipated record-breaking activity in economic and industrial expansion, and
WHEREAS, such economic growth will be accompanied by an everincreasing demand for housing to accommodate the expanding popula tion, and
WHEREAS, private enterprise through the investment of private capital is recognized as the soundest and most satisfactory source of new home construction;
NOW, THEREFORE, BE IT RESOLVED by the Members of the HOUSE and the Senate of the General Assembly of Georgia that the Members of the Georgia Delegation in the Congress of the United States be requested to oppose any Federal legislation which would adversely effect the flow of private capital into the home construction field in Georgia, or which would, in any manner, restrict or curtail the continued maximum production effort in housing and home construction which is so vitally important to social, industrial, and economic progress in this State;
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted promptly to each Member of the Georgia Delegation in the House of Representatives of the Congress of the United States and to Senator Herman E. Talmadge, and Senator Richard B. Russell.

HR 706. By Messrs. Sinclair of Macon, Jones of Liberty, and others: A RESOLUTION
Congratulating the Hon. Steve M. Cocke on his birthday!

WEDNESDAY, FEBRUARY 14, 1962

2127

WHEREAS, on February 14, 1894, John Franklin Cocke and Annie Moreland Cocke, proudly presented to the world their prized Valentine, better known to us now as the distinguished gentleman from Terrell, the Hon. Steve Cocke, and

WHEREAS, Steve has served Terrell County, the State of Georgia and this General Assembly since 1951 and has been admired and loved by all who have had the pleasure and privilege of working with him, and

WHEREAS, his record of achievement has been unsurpassed and his fellowship has been enjoyed by all who know him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that all in this wonderful body extend to the Hon. Steve Cocke our best wishes for a happy Birthday, and our great est wishes for a long, happy, healthy and prosperous life.

HR 707. By Mr. Pannell of Murray:
A RESOLUTION
Commending Honorable W. S. Stuckey, Representative, Dodge County, for log rolling; and for other purposes.
WHEREAS, the members of the General Assembly have been rail roaded, boondoggled and hornswoggled in ages past, but
WHEREAS, the gentleman from Dodge has seen fit to accommo date this House with a pecan log roll; and
WHEREAS, the members of this House appreciate the kindness and generosity of their esteemed colleague from Dodge;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body wish to commend him, thank him and invite him to log roll with us in the same manner at any and all times he sees fit.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit a suitable copy of this Resolution to Honorable W. S. Stuckey.

HR 708. By Mr. Fowler of Douglas:
A RESOLUTION
Creating a Committee to study the subject of small loans; and for other purposes.

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JOURNAL OP THE HOUSE,

WHEREAS, legislation has been introduced relative to the subject of small loans; and

WHEREAS, this body is in need of additional information thereon; NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five members of the House to be appointed by the Speaker for the purpose of studying the subject of small loans. The Committee shall study the laws and the administration thereof of this and other states. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative commit tees. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Committee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

HR 709. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
To ratify, approve, and confirm the executive order of the Gov ernor, dated March 7, 1961, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meet ing of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the executive order of the Governor, dated March 7, 1961, which is as follows:
"WHEREAS: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof due the State until the next meeting of the General Assembly;
It is, therefore, ordered that the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books commonly recognized as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the General Assembly.
"This 7th day of March, 1961, to be effective as of March 7, 1961.
/s/ S. Ernest Vandiver, Governor."
is hereby ratified, approved, and confirmed.

WEDNESDAY, FEBRUARY 14, 1962

2129

Section 2. All laws, or parts of laws, in conflict with this Resolu tion are hereby repealed.

HR 710. By Messrs. Bowen of Toombs, Fordham of Bulloch, and others:
A RESOLUTION
Expressing appreciation to Honorable Albert Parker and Honorable Ernest Strickland of Claxton, Georgia; and for other purposes.
WHEREAS, Honorable Albert Parker of Claxton, Georgia has once again furnished the members of this Body with those wonderful and delicious Claxton fruit cakes; and
WHEREAS, the Honorable Ernest Strickland of Claxton, Georgia has once again undertaken the burdensome task of properly distributing said fruit cakes; and
WHEREAS, these delicious cakes are received and enjoyed by the members of this Body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES to express its deepest appreciation to Honorable Albert Parker and Honorable Ernest Strickland of Claxton, Georgia for furnishing and distributing the Claxton fruit cakes to the members of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Honorable Albert Parker and Honorable Ernest Strickland.

HR 711. By Messrs. Pannell of Murray, Waldrop of Carroll, and others:
A RESOLUTION
Wishing a speedy recovery for the Honorable Fred H. Walker, Rep resentative, Lowndes County; and for other purposes.
WHEREAS, the Honorable Fred H. Walker, Representative from Lowndes County, is confined to the hospital because of sickness; and
WHEREAS, said Fred Walker is a very valuable member of the 1962 session of the General Assembly of Georgia; and
WHEREAS, he has attended all sessions of said Assembly, has been a very outstanding member, and has contributed greatly to the progress made by this Assembly;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Assembly extend to our beloved mem-

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JOURNAL OP THE HOUSE,

ber our best wishes for a speedy recovery and in order that he might be apprised of the feelings of respect and admiration of we his fellow members.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives furnish a copy of same to said Fred H. Walker.

HR 712. By Mr. Steis of Harris:
A RESOLUTION
A Resolution to express appreciation to the many faithful, devoted and conscientious public servants and employees of the State of Georgia, who unselfishly and without thought of remuneration give of their time, talents and abilities to the various civics, religious, fraternal, patriotic and veterans' organizations of this State and County:
WHEREAS, most of these activities are done on the off-hours and during week-ends, and
WHEREAS, these efforts have resulted in making better citizens, better laws and a better country, and
WHEREAS, an interest in affairs of a civic nature and a fraternal nature should be encouraged in a Democratic country;
NOW THEREFORE, be it resolved that the General Assembly of the State of Georgia recognize and commend those State employees and officials who are active in civic, fraternal, patriotic and veterans groups and do urge the Department Heads and supervisory personnel to co operate and extend consideration in allowing their employees to par ticipate in these types of organizations and activities so long as they do not impair the efficiency of their departments of Government, and
RESOLVED further that State employees be encouraged to par ticipate in all worthwhile civic and state wide projects relating to im provement and furtherance of democracy and good government, and that a copy of this Resolution be made a part of the Acts and Resolu tions of the Georgia laws of 1962.
APPROVED: ,,.._._.-.-..-.......,,.-__.._...........--_.._-_.-__.---_--_, 1962.

HR 717. By Messrs. Smith of Emanuel, Matthews of Clarke, and others:
A RESOLUTION
Commending Honorable M. M. (Muggsy) Smith; and for other purposes.
WHEREAS, Honorable M. M. (Muggsy) Smith, Representative

WEDNESDAY, FEBRUARY 14, 1962

2131

from Fulton County, has rendered many years outstanding service to the people of Fulton County; and
WHEREAS, he has performed such service above and beyond the call of duty battling against overwhelming odds for his beliefs and prin ciples ; and
WHEREAS, he is one of the most able and conscientious legislators to ever serve in the House of Representatives; and
WHEREAS, when Muggsy Smith announced to the House of Rep resentatives at the 1961 session that he was going to offer as a candi date for Mayor of the City of Atlanta, the House of Representatives gave him a great ovation; and
WHEREAS, certain irresponsible statements were made during such campaign that the only reason that the members of this body ap plauded Muggsy was that they were glad to get rid of him as a member of the House; and
WHEREAS, such statements were utterly false and the ovation and applause given Muggsy Smith was out of a genuine warm regard and affection for him, and was to indicate in no uncertain terms that the members of this body wished him well in his campaign for Mayor; and

WHEREAS, although he was unsuccessful in his bid for the office of Mayor of the City of Atlanta, he is held in the highest esteem by the members of this body;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable M. M. (Muggsy) Smith for his conscientious service as a Representative of the people of Fulton County, and this body hereby goes on record as stating that he is beloved by his fellow members for himself and sincerest appreciation is hereby extended to him for the innumerable acts of courtesy, kindness and thoughtfulness which he has always performed for members of the House while in Atlanta.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable M. M. (Muggsy) Smith.

HR 682. By Messrs. Underwood of Montgomery, Smith of Grady, and others:
A RESOLUTION
Creating a Committee to study oil, mineral and gas leases and other instruments; and for other purposes.
WHEREAS, the deeds, leases and other instruments of this State have been confused by leases and deeds which have been given for oil,

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JOURNAL OF THE HOUSE,

mineral or gas rights on the lands of this State, both public and private; and

WHEREAS, it is imperative that the members of this Body become familiar with the problems which have emanated from the above men tioned instruments; and

WHEREAS, the situation is of such importance to the citizens of this State to warrant a thorough study of methods available to protect the public from losses arising from the confusion created by oil, mineral and gas leases and deeds;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the problems caused by oil, mineral and gas leases, deeds and other instruments and possible solutions to such problems. The Committee is authorized to travel both within and without the tSate. The Committee members shall receive the compen sation, per diem, expenses and allowances authorized for members of interim legislative committees. The Committee shall receive the above for not to exceed 20 days for each member. In order to more efficiently carry out its duties, the Committee is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or avail able to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the Committee shall stand abolished.

The following Committee amendment was read and adopted:
Rules Committee moves to amend HR 682 as follows:
By striking therefrom the following language:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Commit tee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the problems caused by oil, mineral and gas leases, deeds and other instruments and possible solutions to such problems. The Committee is author ized to travel both within and without the State. The Committee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative commit tees. The Committee shall receive the above for not to exceed 20 days for each member. In order to more efficiently carry out its duties, the Committee is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or availa ble to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the Committee shall stand abolished."

WEDNESDAY, FEBRUARY 14, 1962

2133

and inserting in lieu thereof the following language:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Commit tee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the problems caused by oil, mineral and gas leases, deeds and other instruments and possible solutions to such problems. The Committee is author ized to travel within the State. The Committee members shall re ceive the compensation, per diem, expenses and allowances au thorized for members of interim legislative committees. The Com mittee shall receive the above for not to exceed 10 days for each member. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the Com mittee shall stand abolished."

HR 682 was adopted, as amended.

HR 450-916. By Messrs. Smith of Habersham, Cocke of Terrell, and others:
A RESOLUTION
Relative to school bus drivers; and for other purposes.
WHEREAS, almost all State, county and local officials and em ployees are covered under some form of a State or State created retire ment system; and
WHEREAS, school bus drivers, with the exception of some who are under Social Security, are not covered by any form of retirement system;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee of five, three members of the House to be named by the Speaker, and two members of the Senate to be named by the President, for the pur pose of making a study and investigation into the possibility of school bus drivers being covered under the provisions of the State Employees' Retirement System or the State Teachers' Retirement System. The committee shall investigate the costs involved and the feasibility of providing for retirement coverage for the school bus drivers. The mem bers of the Committee created by this Resolution shall have ten (10) days each member for carrying out the purposes of this Resolution. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 20, 1963, on which date the committee shall stand abol ished. The funds necessary for carrying out the purposes of this Resolu tion shall come from the funds appropriated to or available to the legis lative branch of the government.

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The following Committee amendment was read and adopted:

Rules Committee moves to amend HB 450, as follows:

By striking therefrom the following language:

"The Committee is hereby authorized to employ clerical and technical help to assist it in the performance of its duties and fix the compensation therefor."

and inserting in lieu thereof the following:

"The members of the Committee created by this Resolution shall have ten (10) days each member for carrying out the pur poses of this Resolution."

HR 450-916 was adopted, as amended.

SR 150. By Senators Ayers of the 31st, Harrington of the 20th, and others:
A RESOLUTION
Creating a Committee to study the Health Code; and for other purposes.
WHEREAS, SB 204 providing for a new Code of Health laws has been introduced at the 1962 session of the General Assembly; and
WHEREAS, a tremendous amount of work and effort has gone into the preparation of such Code, but due to the fact that it is so voluminous it is felt that the members have not had sufficient time to acquaint themselves with its contents; and
WHEREAS, it is desirable that the time, effort and energy involved in the preparation of this Code not be wasted, but that additional study be made so that the members of the next General Assembly may be better acquainted therewith;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Health Code Study Committee to be composed of three members of the Senate, to be appointed by the President, and five members of the House, to be appointed by the Speaker, for the purpose of studying the aforesaid Health Code. The members shall be appointed within 60 days after the adjournment of the 1962 session and shall meet within 30 days after all members have been appointed for the purpose of organizing, elect ing a Chairman, a Secretary, and such other officers as deemed desir able. The Committee shall adopt its own procedures for its operation. In order to more efficiently perform its duties the Committee is hereby authorized to employ clerical and technical assistance and fix the com-

WEDNESDAY, FEBRUARY 14, 1962

2135

pensation therefor. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, but shall receive the same for not to exceed 15 days per member. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Committee shall make a report of its findings and recommendations on or before December 1, 1962, on which date the Committee shall stand abolished.

The following Committee amendment was read and adopted:
Rules Committee moves to amend SR 150 as follows:
By striking therefrom the following language:
"In order to more efficiently perform its duties the Committee is hereby authorized to employ clerical and technical assistance and fix the compensation therefor. The members shall receive the compensa tion, per diem, expenses and allowances authorized for members of interim legislative committees, but shall receive the same for not to exceed 15 days per member."
and inserting in lieu thereof the following language:
"The members shall receive the compensation per diem, expenses and allowance authorized for members of interim legislative commit tees, but shall receive the same for not to exceed 10 days each member."

SR 150 was adopted, as amended.

By unanimous consent, the following Resolutions of the House were read and referred to the Committee on Rules:

HR 713. By Messrs. Melton of Spalding, Cloer of Towns, and Moore of Polk:
A RESOLUTION
To create an interim committee of the House to study school attend ance laws, visiting teacher program, and related matters; and for other purposes.
WHEREAS, such events which transpired during this Session of the General Assembly have shown the desirability of a study being made of the school attendance laws, visiting teacher program, and related matters.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim commit-

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tee of the House to be composed of three (3) members of the House appointed by the Speaker thereof.

BE IT FURTHER RESOLVED that each member of the commit tee shall receive, in addition to actual travel expenses, the same per diem as received by other interim committees, while engaged in official duties as a member of said committee. Provided, however, that each member shall not receive per diem for in excess of fifteen (15) days.

BE IT FURTHER RESOLVED that the funds necessary to carry out the purposes herein shall come from funds appropriated to or avail able to the legislative branch of the Government.

BE IT FURTHER RESOLVED that the committee shall make a report of its findings on or before January 14, 1963 on which date said committee shall stand abolished.

HR 714. By Mr. Sheffield of Brooks:
A RESOLUTION
Condemning the action taken by the Postmaster General of the United States in reinstating a certain employee; and for other purposes.
WHEREAS, an incident occurred in Savannah, Georgia, this past fall which deserved the condemnation of all men, when a postal employee, who was a mail carrier, conducted himself in a manner unbecoming to any employee of the Federal Government; and
WHEREAS, the Regional Director of the post office service for that area suspended the employee without further ado, as is altogether fitting and proper for such gross offenses as said employee committed; and
WHEREAS, upon review as required by administrative process, the reviewing board affirmed the decision of the Regional Director, and rightly so; and
WHEREAS, the matter was being handled in a most discreet and dignified manner until that organization known as the National Asso ciation for the Advancement of Colored People, of which said em ployee was a local officer, brought much adverse criticism and pub licity against the authorities who suspended said employee; and
WHEREAS, a person in such a high position as a United States Senator joined the NAACP in injecting the most venemous racial dis crimination allegations into the proceedings; and
WHEREAS, because of such pressure being brought to bear the Postmaster General by release of October 24, 1961, reversed the ruling of the Regional Director and the lower administrative tribunal and reinstated the above mentioned employee; and

WEDNESDAY, FEBRUARY 14, 1962

2137

WHEREAS, it is certainly a sad state of affairs when a public official in the same statement which reinstates an employee who has so demeaned himself as to be a disgrace to his employer admits that he would certainly not appreciate a person of the caliber of the rein stated employee delivering mail to him and his family; and

WHEREAS, because it is evident by the aforementioned events that minority pressure groups such as the NAACP have gained too much power over the efficient administration of our government when that group can cause a man of the stature of the Postmaster General of the United States to make a sorry spectacle of himself;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does heartily condemn the action taken by the Postmaster General of the United States in rein stating a certain employee of the postal service who works in Savannah, Georgia, after said employee had been suspended from the postal serv ice for his indecent conduct.

BE IT FURTHER RESOLVED that this body does also heartily condemn the NAACP as being an insidious and seditious organization of radicals dedicated to their own betterment and not the noble purposes which they espouse, evert" though it means the undermining of the confi dence of the people of the United States in their civil servants.

BE IT FURTHER RESOLVED that the Clerk of the House be instructed to transmit copies of this Resolution to the Congressional delegation from Georgia to the United States Congress.

HR 715. By Messrs. Wickham, Pickard and Dicus of Muscogee:
A RESOLUTION
Creating a Youth Fitness Committee for the State of Georgia; and for other purposes.
WHEREAS, American youths lag far behind European youths in physical fitness; and
WHEREAS, softness on the part of the individual citizen can help to destroy the vitality of the nation and the physical vigor of our citizens is one of our most precious resources; and
WHEREAS, it is imperative that the Sovereign State of Georgia make a study to determine what might be done for the youth of our State to improve the conditions of our youth and of all citizens of this State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Youth Fitness Committee to study the feasibility of establisihng a Youth Fitness Commission for the State of Georgia. Said Committee shall be composed

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JOURNAL OF THE HOUSE,

of five members to be appointed by the Speaker. All five shall be mem bers of the House of Representatives. The committee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not to exceed ten days for each member. In order to more efficiently carry out its duties, the committee is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14,
1963, on which date the committee shall stand abolished.

HR 716. By Messrs. Sheffield of Brooks, Newton of Colquitt, and others:
A RESOLUTION
Relative to the establishment of terminal farmers' markets on the eastern seaboard; and for other purposes.
WHEREAS, an increasing quantity of the products of the farmers of this State is moving for consumption in the metropolitan areas along the northeastern seaboard; and
WHEREAS, it would be beneficial for the several states producing food products to participate in the establishment of a terminal market; and
WHEREAS, it is desirable that a complete and thorough study be made as to the feasibility and desirability of establishing such a fa cility; and
WHEREAS, it is desirable that such a facility be established at the location and with such facilities as to render the greatest possible service at the least possible cost;
NOW, THEREFORE. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a committee, to be composed of 7 members from the House, to be ap pointed by the Speaker to study the feasibility and advisability of establishing a terminal farmers' market on the eastern seaboard. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The committee shall make a report of its find ings to the General Assembly not later than December 15, 1962.
BE IT FURTHER RESOLVED that the Department of Agricul ture of the State of Georgia is hereby authorized and directed to assist the committee in the making of its study, and to this end, the Depart ment is authorized to utilize the funds of the Department.

WEDNESDAY, FEBRUARY 14, 1962

2139

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

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JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 15, 1962

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day, and was colled to order by the Speaker.

The following prayer was offered by Reverend Vernard Robertson, Pastor, First Methodist Church, Fort Valley, Georgia:
"Eternal God, our Father, whose goodness is new each morning and fresh every evening, we pray for the continued leadership of Thy Holy Spirit in this session of the Legislature. Bless these men, as they take up the duties of this day. Help them to weigh all the values involved and to have clear perspective. May they hold fast to the principles of love, mercy, justice, and understanding. Grant them the wisdom to make the right decision, the faith to believe in it, and the strength to carry it through. We pray in the name of Jesus our Lord, Amen."

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

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Bowen of Toombs Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Busbee Bynum

Caldwell Chance Clark of Catoosa Cloer Cocke Coker Collins Conner
Cox
Crowe Culpepper Davis Been Dickey Dollar Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming F lexer Flynt Fordham Fowler of Douglas Fowler of Treutlen Funk Fuqua Greene Hale

Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Killian Killingsworth Kimmons King Kirkland Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke

THURSDAY, FEBRUARY 15, 1962

2141

Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen McGarity Melton Milhollin Mixon Moate Moorman Morgan Morris Moss Mullis Murphy NeSmith Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia

Phillips of Walton Phillips of Bibb Pickard Poole Potts Purcell Rainey Raulerson Rodgers of Charlton Rogers of Paulding Rowland Rutland Sangster Scoggin Shuman Simmons Simpson Sinclair Singer Smith of Grady Smith of Brantley Smith of Pulton Simth of Habersham Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb

Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Coffee Williams of Hall Wilson Young

Those not answering were Messrs.:

Barnett of Baker Chandler Clarke of Monroe Crawford Dicus Dorminy Doster Dunn Floyd Hodges Johnson

Kidd Knight of Laurens Langford Loggins Matthews of Colquitt McDonald Miller Moore Newton Odom Pannell

Roberts Roper Ross Scarborough Sheffield Walker of Lowndes Willingham Woodward Mr. Speaker

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

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JOURNAL OF THE HOUSE,

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 15, 1962, and submits the following:
1. SB 27. Sufficiency of pleadings 2. SB 36. Separate estate of wife -- reconsidered 3. SB 41. Chartering of corporations 4. SB 52. Old Age Assistance Act, amend 5. SB 59. Judgments by default 6. SB 73. Disabilities of minority, procedure 7. SB 81, Members of military, absentee voting 8. SB 84. Justice of Peace, fill vacancy 9. SB 89. Adoption laws, amend 10. SB 91. Public Authorities, bond limitations 11. SR 128. Department of Industry and Trade, create 12. SB 176, Violate traffic laws, cash bond 13. SB 178, Tax Collectors, duties 14. SB 179, Tax Receivers, duties IB. SB 181. Director of Probation, compensation 16. SB 182. Emergency care, relieve civil liability 17. SB 183. Georgia Police Academy 18. SB 199. Covenants running with land

THURSDAY, FEBRUARY 15, 1962

2143

19. SB 214. Public records, inspection 20. SB 215. Legal obligation, person's support 21. SB 221. Judges emeritus, pay, duties 22. SB 227. Pensions for firemen 23. SB 236. Department of Industry and Trade, create 24. SB 239. Board of Corrections, honor camps 25. SB 252. Compulsory school attendance

The Speaker shall have the right to call the above Bills and Resolution in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman, Undercofler of Sumter, Secretary.

By unanimous consent, the following Resolution of the House was introduced, read the first time and referred to the Committee:

HR 718-1283. By Mr. Howard of DeKalb:
A Resolution proposing an amendment to the Constitution so as to pro vide that there shall be a State Solicitor General of this State; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1282. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land in said city; and for other purposes.

HB 1283. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus fee simple title to a certain tract of land in said city; and for other purposes.

HR 689-1283. By Mr. Milhollin of Coffee: A Resolution compensating Mrs. John Howard; and for other purposes.

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JOURNAL OP THE HOUSE,

HR 705-1283. By Mr. Brown of Hart:
A Resolution proposing an amendment to the Constitution so as to create the Hart County Development Authority; and for other purposes.

SR 154. By Senator Gardner of the 47th:
A Resolution proposing an amendment to the Constitution so as to au thorize the use of educational funds to provide Workmen's Compensation coverage; and for other purposes.

SB 289. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, so as to pro vide for a change in compensation of the Board; and for other purposes.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 129. Do Pass.

SB 286. Do Pass.

SB 287. Do Pass.

SB 288. Do Pass.

Respectfully submitted, Underwood of Montgomery, Chairman.

Mr. Barrett of Cherokee County, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 19. Do Pass, by Substitute.

Respectfully submitted, Barrett of Cherokee, Chairman.

THURSDAY, FEBRUARY 15, 1962

2145

Mr. Bolton of Spalding County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HR 705-1283. Do Pass.

SB

283. Do Pass.

SB

85. Do Pass.

Respectfully submitted,

Bolton of Spalding,

Chairman.

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SR 157. Do Pass. HR 653. Do Pass, as Amended. HR 666. Do Pass, as Amended. HR 683. Do Pass, as Amended. HR 678. Do Pass, as Amended. HR 716. Do Pass, as Amended.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman.
Mr. Cox of Clarke County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera-

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JOURNAL OF THE HOUSE,

tion the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 282. Do Pass. Respectfully submitted, Cox of Clarke, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills and Resolution of the Senate and House and has instructed me as Chair man, to report the same back to the House with the following recommendations:
SB 210. Do Pass. SR 132. Do Pass. HB 711. Do Not Pass. SB 118. Do Not Pass.
Respectfully submitted, Pannell of Murray, Vice-Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:

HB 763. By Messrs. Brooks, McClelland and Smith of Pulton: A Bill to amend an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the Old-Age and Survivors Insurance Provisions; and for other purposes.
HB 853. By Mr. Barber of Jackson: A Bill to provide for the support of existing independent school systems by municipal corporations authorized to maintain same by the Constitu tion of Georgia; and for other purposes.

THURSDAY, FEBRUARY 15, 1962

2147

HB 907. By Mr. Rutland of DeKalb:
A Bill to amend an Act known as the Georgia Insurance Code of 1960, so as to provide new tables as minimum valuation standards for indus trial life insurance policies, annuities, disability benefits and accidental death benefits; and for other purposes.

HB 938. By Messrs. Matthews and Cox of Clarke:
A Bill to amend an Act to amend the Charter of the Town of Athens; to authorize the Mayor and Council of the City of Athens to close all or any part of any public street located within the corporate limits of the City of Athens; and for other purposes.

HB 956. By Mr. McCutchen of Gilmer:
A Bill to amend an Act concerning the definition of beneficiary or bene ficiaries; to include trusts in connection with the provisions and powers of said Act; and for other purposes.

HB 1011. By Messrs. Hall of Floyd, Twitty of Mitchell and others:
A Bill to amend an Act creating the Minimum Foundation Program of Education, relating to determination of the amount of funds needed by a local unit to pay teachers' salaries; and for other purposes.

HR 459-922. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution creating a joint committee of the House and Senate to be known as "The Municipal Study Committee", for the purpose of inquir ing into the needs and problems of the incorporated municipalities of the State; and for other purposes.

HB 939. By Messrs. Matthews and Cox of Clarke:
A Bill to amend an Act relating to the Charter of the Town of Athens, so as to provide that the Mayor and Council shall have authority to prescribe by ordinance a method for casting absentee ballots; and for other purposes.
HB 940. By Messrs. Matthews and Cox of Clarke:
A Bill to amend an Act relating to the Charter of the Town of Athens, so as to redefine the corporate limits of the City of Athens; to redefine the boundaries of the wards of said city; and for other purposes.
HB 1000. By Messrs. Matthews and Cox of Clarke: A Bill to amend an Act relating to the Charter of the Town of Athens, and relating to public transportation system in the City of Athens; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1054. By Messrs. Kimmons of Pierce, Milhollin and Williams of Coffee and others:
A Bill to repeal an Act providing a supplement to the compensation of the Judge of the Superior Courts of the Waycross Judicial Circuit; and for other purposes.

HB 1145. By Mr. Brooks of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta by excluding certain territory from the City limits; and for other purposes.

HB 1153. By Messrs. Lee and Blalock of Clayton:
A bill to amend an Act incorporating the Town of Forest Park; to describe the limits of said city; and for other purposes.

HB 1154. By Messrs. Newton and Matthews of Colquitt:
A Bill to amend an Act to create and establish the City Court of Colquitt County; and for other purposes.

HB 1155. By Mr. Murphy of Haralson:
A Bill to amend an Act fixing the salary of the Treasurer of Haralson County so as to increase the amount of the expense account; and for other purposes.

HB 1156. By Messrs. Killian and Flexer of Glynn:
A Bill to amend the Charter of the City of Brunswick; and for other purposes.

HB 1158. By Messrs. Payton and Potts of Coweta:
A Bill to amend an Act creating a new charter for the City of Newnan, so as to authorize the City governing authority to close a certain un named street; and for other purposes.

HB 1159. By Messrs. Ware of Troup, Steis of Harris and others:
A Bill to amend an Act to create a new charter for the City of West Point, so as to authorize the City of West Point to provide any type of group insurance, and similar insurance coverage for all regular em ployees of said city and their dependents; and for other purposes.

THURSDAY, FEBRUARY 15, 1962

2149

HB 1163. By Messrs. Phillips, Taylor and Thornton of Bibb and others:
A Bill known as the General Appropriations Act, so as to provide appro priations for the acquisition of Wesleyan Conservatory Property; and for other purposes.

HB 1164. By Messrs. Lovett and Knight of Laurens:
A Bill to provide for additional compensation for the Solicitor-General of the Dublin Judicial Circuit; and for other purposes.

HB 1166. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to amend the charter of the City of Kennesaw, so as to change the corporate limits; and for other purposes.

HB 1168. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act to create a new charter for the City of Smyrna so as to repeal and delete Section 77 of the Charter of the City of Smyrna; and for other purposes.

HB 1169. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to amend the Charter of Austell, so as to change the corporate limits; and for other purposes.

HB 1170. By Messrs. Willingham, Wilson and Teague of Cobb: A Bill to create the Cobb County Records and Identification Bureau; and for other purposes.
HB 1171. By Messrs. Willingham, Wilson and Teague of Cobb: A Bill to amend an Act creating the Cobb Judicial Circuit, so as to change the compensation which the Judges of said Circuit receive from Cobb County; and for other purposes.
HB 1172. By Messrs. Willingham, Wilson and Teague ,>f Cobb: A Bill to fix the compensation of the Treasurer of Cobb County; and for other purposes.
HB 1173. By Messrs. Willingham, Wilson and Teague of Cobb: A Bill to amend an Act fixing the compensation for the Coroner of Cobb County; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1174. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to change the compensation of the Sheriff, the Clerk of the Superior Court and others; and for other purposes.

HB 1175. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County; and for other purposes.

HB 1176. By Messrs. Willingham, Wilson and Teague of Cobb:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for Cobb County; and for other purposes.

HB 1180. By Messrs. Crawford, Dickey and Funk of Chatham:
A Bill to amend an Act creating the Municipal Court of Savannah, so as to increase the costs of said Court in all criminal and civil proceed ings; and for other, purposes.

HB 1182. By Mr. McDonald of White:
A Bill amending an Act creating a board of Commissioners of Roads and Revenues for White County; and for other purposes.

HB 1183. By Mr. Pannell of Murray:
A Bill to amend an Act creating a new charter for the City of Chatsworth, so as to change the corporate limits; and for other purposes.

HR 447-915. By Messrs. McClelland, Smith and Brooks of Fulton, and others:
A Resolution providing for a Commission to study primary, general and special elections held in the City of Atlanta for the nomination and election of public officials for the City of Atlanta; and for other pur poses.

HB 730. By Messrs. Sangster of Dooly, Underwood of Taylor, and others:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to provide for disability retirement for members of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation; and for other purposes.

THURSDAY, FEBRUARY 15, 1962

2151

HB 891. By Messrs. Smith of Emanuel, Caldwell of Upson, and others:
A Bill to amend an Act regulating the preparation, content and record ing of maps or plats of survey of tracts or bodies of land, so as to pro vide a change in certain words and figures in said Act; and for other purposes.

HB 909. By Messrs. Story of Gwinnett and Matthews of Clarke:
A Bill to amend an Act relating to notice of application for order to sell and reinvest the estate of a ward, so as to provide that service shall not be necessary under certain circumstances; and for other purposes.

HB 1061. By Messrs. Pannell of Murray, McGarity of Henry, and others:
A Bill providing for retirement benefits for the Clerks of the Superior Courts of Georgia, so as to change the amount to be paid into the fund; and for other purposes.

HB 1157. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to amend an Act known as the Income Tax Act of 1931, by pro viding that associations created pursuant to the provisions of the Georgia Professional Association Act shall be included within the term "Asso ciations"; and for other purposes.

HR 94-269. By Messrs. Andrews and Williams of Hall:
A Resolution to compensate Ernest Paul Rundles; and for other pur poses.

HR 110-291. By Mr. Jones of Lumpkin: A Resolution to compensate Wanda Jones; and for other purposes.

HR 129-383. By Mr. Sheffield of Brooks: A Resolution to compensate Rev. E. K. Rice; and for other purposes.

HR 192-599. By Mr. Odom of Dougherty: A Resolution to compensate Mr. James W. Wood and Mrs. Vierra Wood; and for other purposes.
HR 212-642. By Mr. Smith of Grady: A Resolution to compensate Hall and Sons Milling Company, Inc.; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 287-704. By Messrs. Duncan of Carroll and Waldrop of Carroll:
A Resolution to compensate Fred Dial for damages to his automobile caused by a State Highway Department Truck backing into it; and for other purposes.

HR 333-727. By Mr. Keadle of Lamar: A Resolution to compensate Dr. Ben Ingram; and for other purposes.

HR 346-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Bernard Smith and Mrs. Blanche Car penter; and for other purposes.

HR 347-735. By Mr. McClelland of Fulton:
A Resolution compensating Mr. Henry A. Pendley; and for other pur poses.

HR 348-735. By Mr. McClelland of Fulton: A Resolution compensating Mr. R. P. Packard; and for other purposes.

HR 362-755. By Mr. Harrell of Fayette: A Resolution compensating Mrs. Jim Pollard; and for other purposes.

HR 402-822. By Mr. Otwell of Forsyth: A Resolution to compensate Melvin Hubbard; and for other purposes.

HR 407-832. By Mr. Williams of Hall: A Resolution compensating Mr. W. O. Reed, Jr.; and for other purposes.

HR 412-852. By Mr. Bowen of Toombs: A Resolution to compensate J. C. Taylor; and for other purposes.

HR 413-852. By Mr. Bowen of Toombs:
A Resolution to compensate John Lewis Taylor and Amy Taylor; and for other purposes.

THURSDAY, FEBRUARY 15, 1962

2153

HR 414-852. By Mr. Bowen of Toombs: A Resolution to compensate Tommy Lee Taylor; and for other purposes.

HR 452-918. By Mr. Kirkland of Tattnall:
A Resolution authorizing compensation to the Georgia Cigar and Tobacco Company; and for other purposes.

HR 468-927. By Mr. Dicus of Muscogee:
A Resolution to compensate Mr. Wise C. Gunnells; and for other pur poses.

HR 462-922. By Mr. Teague of Cobb: A Resolution to compensate Alien J. Faulkner; and for other purposes.

HR 544-1049. By Mr. Parker of Ware: A Resolution creating a Committee to study problems of Youth; and for other purposes.
HR 567-1101. By Mr. Clark of Catoosa: A Resolution compensating John Russell Allison; and for other purposes.
HR 614-1163. By Messrs. Phillips, Taylor and Thornton of Bibb and Mackay of DeKalb: A Resolution relative to Wesleyan College; and for other purposes.
HR 368-766. By Mr. Fowler of Douglas: A Resolution relative to the monument to honor the last Confederate Veteran; and for other purposes.
HR 371-768. By Messrs. Kidd of Baldwin and Thornton of Bibb: A Resolution proposing an amendment to the Constitution so as to pro vide for the General Assembly enacting legislation over the Governor's veto; and for other purposes.
HR 697. By Messrs. Raulerson of Echols and Walker and Budd of Lowndes: A Resolution commending the Georgia Sheriffs' Association for the work they are doing for under-privilege children of Georgia at the Boys' Ranch in Lowndes County, Georgia; and for other purposes.

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HB 160. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to amend an Act to establish a new Charter for the City of Atlanta, relating to improvements in the Department of Parks; and for other purposes.

The Senate has passed, as amended by the requisite constitutional majority, the following Bill of the House to-wit:

HB 921. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A Bill to provide for grants to municipalities to aid in the construction and maintenance of streets; and for other purposes.

The Senate has adopted, as amended by the requisite constitutional majority, the following Resolution of the House to-wit:

HR 369-766. By Mr. Fowler of Douglas:
A Resolution relating to the placing of four busts of Chief Justices in the State Judicial Building; and for other purposes.

The Senate has passed, by substitute by the requisite constitutional majority, the following Bill of the House to-wit:
HB 896. By Mr. Arnsdorff of Effingham: A Bill to amend an Act relating to fishing on the Sabbath, so as to except certain counties; and for other purposes.

The Senate has passed, as amended by the requisite constitutional majority, the following Bill of the House to-wit:

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett and others:
A Bill establishing a retirement system for the teachers in the State Public Schools and other State supported Schools, so as to eliminate the requirements for maintaining and annuity reserve fund and pension reserve funds; and for other purposes.

The Senate has passed, by the requisite constitutional majority, the following Resolutions of the Senate to-wit:

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2155

SR 165. By Senator Seagraves of the 30th:
A Resolution designating February as American History Month; and for other purposes.

SR 167. By Senator Overby of the 33rd:
A Resolution expressing deepest regrets at the passing of Hon. L. 0. Mosley; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate:

SB 267. By Senator Veazey of the 19th:
A Bill to provide that the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all traffic violations in said counties; to provide for costs of same; and for other purposes.

By unanimous consent, the following Resolutions of the Senate were taken up for consideration and read the third time:

SR 142. By Senator Towson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to abolish Justice Courts and the offices of Justices of the Peace and Notary Public ex-officio Justices of the Peace in Laurens County, and to establish a new Court in lieu thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph I of the Constitution is hereby amended by striking the words "County of Glynn" and insert ing in lieu thereof the words "Counties of Glynn and Laurens", so that when so amended said paragraph shall read as follows:
"Paragraph I. Number and Term of Office. 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

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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 system of courts, when so estab lished, 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 juris diction, 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 correc tion 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 authorize. 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 Assembly may, in its discretion, abolish justice courts and the offices 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 Counties of Glynn and Laurens, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem neces sary; or conferring upon existing courts, by extension of their juris diction 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 Constitu tion ; 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 correc tion 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 Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently 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 uni formity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia."

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

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

"For ratification of amendment to the Constitution so as to

THURSDAY, FEBRUARY 15, 1962

2157

authorize the General Assembly to abolish Justice Courts and the offices of Justices of the Peace and Notary Public ex-officio Justices of the Peace in Laurens County, and to establish a new Court in lieu thereof.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to abolish Justice Courts and the offices of Justices of the Peace and Notary Public ex-officio Justices of the Peace in Laurens County, and to establish a new Court in lieu thereof."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Rssolution was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Boyett Bozeman Brackin Brantley Brown

Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Coker Collins Conner Cox Crowe Davis Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll

Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Hurst Joiner Jones of Worth

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Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McDonald McGarity Milhollin Miller Mixon Moate

Moore Moorman Morris Mullis Murphy Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Walton Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Scoggin Sheffield S human Sinclair Singer Smith of Grady Smith of Whitfield

Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb Teague Thorn ton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Barnett of Baker Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Cloer Cocke Crawford Culpepper Deen Dicus Dunn Flynt Fowler of Treutlen Fuqua

Hale
Hill Hodges Johnson Jones of Liberty Kirkland Knight of Laurens Langford Loggins Matthews of Colquitt McCracken Melton Morgan Moss NeSmith Newton Pannell Payton Phillips of Columbia

Phillips of Bibb Pickard Purcell Ross Rutland Sangster Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham
Story Taylor of Decatur Walker of Lowndes Wells of Camden
Wickham Wilkes Woodward Mr. Speaker

THURSDAY, FEBRUARY 15, 1962

2159

On the adoption of the Resolution, the ayes were 148, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SR 146. By Senator McWhorter of the 34th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Oglethorpe 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 GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political subdivisions, is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the "Oglethorpe Development Authority" which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the County of Oglethorpe. The county may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The county is authorized to levy a tax on all taxable property therein not to exceed two mills for the purpose of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed.
"The members of the Authority, their qualifications, terms and methods of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General As sembly may pass all other necessary legislation for the implemen tation of this amendment.
"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.
"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordination of such development, promotion and expansion within its territorial

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limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Oglethorpe. The Authority is created for nonprofit pur poses and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

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

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

"For ratification of amendment to the Constitution so as to create the Oglethorpe Development Authority.

"Against ratification of amendment to the Constitution so as to create the Oglethorpe Development Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adopting of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Ballard

Barber Barnett of Wilkes Barrett Baughman Birdsong

Black Blalock Boggs Bowen of Randolph Boyett

THURSDAY, FEBRUARY 15, 1962

2161

Bozeman Brackin Brantley Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Coker Collins Conner Cox Crowe Davis Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons King Knight of Berrien
Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morris Mullis Murphy Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Walton
Poole Potts Rainey

Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Scoggin Sheffield Shuman Sinclair Singer Smith of Grady Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Andrews of Stephens Arnsdorff Barnett of Baker Bolton Bowen of Toombs Branch

Brooks of Oglethorpe Brooks of Fulton Caldwell Cloer Cocke Crawford

Culpepper Deen Dicus Dunn Flynt Fowler of Treutlen

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JOURNAL OF THE HOUSE,

Puqua Hale Hill Hodges Johnson Jones of Liberty Kirkland Knight of Laurens Langford Loggins Matthews of Colquitt McCracken Melton

Morgan Moss NeSmith Newton Pannell Payton Phillips of Columbia Phillips of Bibb Pickard Purcell Ross Rutland Sangster

Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Story Taylor of Bibb Walker of Lowndes Wells of Camden Wickham Wilkes Woodward Mr. Speaker

On the adoption of the Resolution, the ayes were 148, nays 0.

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

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 1019. By Mr. Rogers of Paulding:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenue for Paulding County; and for other purposes.

The following Senate amendment was read:
Braly of the 38th moves to amend HB 1019, as follows:
By striking from Section 1 the following language:
"Each successor shall be elected at the same time county officers of Paulding County are elected, and shall be elected for a term of four years and until his successor is elected and qualified.";
and inserting in lieu thereof the following language:
"Each successor shall be elected quadrennially at the same time Members of the General Assembly from Paulding County are elected and shall be elected for a term of four years and until his successor is elected and qualified."
Said Bill is further amended by striking from Section 2 thereof the words and figures "twenty-one (21) years of age" and inserting in lieu thereof the words and figures "twenty-five (25) years of age."

THURSDAY, FEBRUARY 15, 1962

2163

Said Bill is further amended by striking from Section 8 thereof the word "binds" and inserting in lieu thereof the word "bids".

Said Bill is further amended by inserting therein a new Section to follow Section 8 to be known as Section 8A to read as follows:

"Section 8A. All purchases of any class of property or material for the use and benefit of the said county, and any and all contracts made in behalf of said county, in which the obligation of the county for said purchases or under said contracts is in excess of $1,000.00, shall be upon written specifications as to character and quality of goods purchased and full specifications as to contracts entered into, and be upon competitive bidding after due advertisement, with the right of the commissioner to reject any and all bids. A file of all bids received shall be retained for a period of two (2) years by the clerk."

Mr. Rogers of Paulding moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 1019 was agreed to.

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett, and others:
A Bill to be entitled an Act to amend an Act so as to eliminate the requirements for maintaining an annuity reserve fund in the teachers' retirement system; and for other purposes.

The following Senate amendments were read:
The Committee moves to amend HB 910 as follows:
By inserting in the title of said Act after the phrase "to provide certain conditions connected therewith", the following:
"to provide for a refund of that amount of money contributed by a member to establish prior service under an Act approved March 17, 1959 (Ga. Laws 1959, p. 319);"
By renumbering Section 14 as Section 15, Section 15 as Section 16, Section 16 as Section 17, and Section 17 as Section 18 and by inserting a new Section 14 to read as follows:
"Section 14. Said Act is further amended by adding at the end of Subsection 2 of Section 4 a sentence to read as follows:
'Provided, however, that any member who established prior

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JOURNAL OF THE HOUSE,

service under an Act approved March 17, 1959 (Ga. Laws 1959, p. 319), by paying the monies in the Teachers' Retirement System as required by said Act and who would likewise qualify for the estab lishment for prior service under this Section as now written, shall be refunded that amount of money which said member paid to establish service under the said 1959 Act.' "

The Committee moves to amend HB 910 as follows:

By striking- from Section 14, Paragraph (5) of said Bill the number "12", and inserting in lieu thereof the number "24".

The Committee moves to amend HB 910 as follows:

By striking from paragraph (b) of the quoted matter in Section 14 of said Bill the word "one" and inserting in lieu thereof the word "two", and

By adding the letter 's" to the word "year" in said paragraph (b) of Section 14 of said Bill.

By striking from Section 15 of said Bill, wherever it may appear, the word "two" and inserting in lieu thereof the word "one", and

By striking from the word "years", wherever it may appear in Section 15 of said Bill, the letter "s".

The Committee moves to amend HB 910 as follows:

By adding a new Section which shall be known as Section 14A and which shall read as follows:

"Section 14A. Said Act is further amended by adding at the end of Subsection 5 of Section 5 the following:

'Provided further that if one retires on physical disability and is later declared physically able to re-enter the System, he may participate in the new formula by paying back payments provided that they re-entered by January 1, 1955.' "

Mr. Hall of Floyd moved that the House disagree to the Senate amendments and the motion prevailed.

The House disagreed to the Senate amendments to HB 910.

Under the General Order of Business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

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2165

SB 41. By Senators Whisnant of the 25th, Jackson of the 24th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act authorizing the chartering of corporations so as to provide the procedure to be followed in prepar ing instruments which convey an interest in real property by corpora tions; and for other purposes.

The following committee substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal sec tion 22-308 of the Code of Georgia of 1933, as amended by an Act ap proved March 15, 1935 (Ga. L. 1935, pp. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes," approved January 28, 1938 (Ga. L. 1937-38, Ex. Sess., p. 214), as amended, so as to provide that instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the Presi dent, Vice-President or Assistant Vice-President of the corporation and attested or countersigned by the Secretary, Assistant Secretary, Cashier or Assistant Cashier of the corporation, with the corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same; to provide that any cor poration may, by proper resolution, authorize the execution of such instruments by other officers of the corporation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act entitled "An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935 (Ga. L. 1935, pp. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes.", approved January 28, 1938 (Ga. L. 1937-8, Ex. Sess., p. 214), as amended, is hereby amended by adding following Section 32 a new section to be numbered Section 32 A and to read as follows:
Section 32 A. Instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the President, Vice-President or Assistant Vice-President of the corporation and attested or counter signed by the Secretary, Assistant Secretary Cashier or Assistant Cashier of the corporation, with the corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same. Any corporation may, by proper resolu-

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JOURNAL OF THE HOUSE,

tion, authorize the execution of such instruments by other officers of the corporation.

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

The following amendment to the committee substitute was read and adopted:
Mr. Undercofler of Sumter moves to amend the committee substi tute to SB 41 by deleting the word "conclusive" in the sixth line of Section 32A and substituting therein the words "prima facie".

The committee substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Arnsdorff Ballard Barber Barrett Baughman Black Blalock Bolton
Bowen of Randolph Boyett Bozeman Brackin Branch Brooks of Fulton Brown
Budd Busbee Bynum Chance Chandler
Clark of Catoosa Clarke of Monroe Cloer

Cocke Collins Crowe Culpepper Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll
Dunn Echols Fitzgerald Flynt Fowler of Douglas Funk Hale
Hall of Lee Hall of Floyd Harrell Henderson Hill
Horton Howard Joiner

Jones of Liberty Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killingsworth
Kimmons Kirkland Knight of Berrien Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke
Lowrey Massee McClelland McCracken McCutchen
McGarity Melton Miller

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2167

Moorman Mullis Murphy Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Phillips of Bibb Poole Potts Rainey Raulerson Rodgers of Charlton

Roper Rowland Sangster Scarborough Scoggin Shuman Simmons Simp son Sinclair Singer Smith of Grady Smith of Fulton Smith of Habersham
Strickland Tabb

Taylor of Bibb Teague Thornton
Todd Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Watson Wells of Oconee White Williams of Coffee Williams of Hall Wilson

Those not voting were Messrs.:

Abney Adams Andrews of Stephens Barnett of Wilkes Barnett of Baker Birdsong Boggs Bowen of Toombs Brantley Brooks of Oglethorpe Caldwell Coker Conner Cox Crawford Davis Dicus Doster Fleming Flexer Floyd Fordham Fowler of Treutlen Fuqua Greene Hodges Hull Hurst Johnson

Jones of Worth King Knight of Laurens Lane Lee of Clayton Loggins Lokey Lovett Mackay Matthews of Clarke Matthews of Colquitt McDonald Milhollin Mixon Moate Moore Morgan Morris Moss NeSmith Newton Pannell Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard Purcell

Roberts Rogers of Paulding Ross Rutland Sheffield Smith of Brantley Smith of Whitfield Steis Stevens Story Stuckey Tamplin Taylor of Dawson Taylor of Decatur
Tucker Twitty Vaughn Walker of Lowndes Walker of Telfair Ware Wells of Peach Wells of Camden Wickham Wilkes Willingham Woodward Young Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 119, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.

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JOURNAL OP THE HOUSE,

Mr. Kidd of Baldwin arose to a Point of Personal Privilege and addressed the House as follows:

MR. SPEAKER AND DISTINGUISHED MEMBERS OP THE HOUSE OF REPRESENTATIVES OP GEORGIA:

It has been brought to my attention that there is occurring definite misuse of the taxpayers property. At the close of the Legislative Session in 1961 a Resolution was passed in one of our August Bodies setting a new precedent in the operations of the Georgia Senate. This was to provide during the interim period of April 1961 until an unknown time, an office for the Speaker Pro Tern of the Senate. The use of this was presumedly for the purpose of carrying on necessary business for better functioning of the Senate and the taxpayers of Georgia.
However, it has been brought to my attention that during the months of April, May, June, July, August, September, October, November, and December, the amount of $230.08 has been reimbursed from this office to the State of Georgia for personal long distance calls. This, to me, is proof that this space in the Georgia State Capitol is not being used for what it is designated for, but for political purposes. While this gentle man has been reimbursing the State for long distance calls, why has he not paid rent, why has he not paid for the services of stenographers, why is this office being used by his public relations man, who is on his personal payroll.
I know that all of us here today are in accord that the State Capitol is no place to carry on a political campaign. I am therefore requesting the Governor of Georgia, the Speaker of this House and you as members of the General Assembly to check to see if these facts are true and, if so, see that this practice is discontinued immediately.
MR. SPEAKER, I AM HEREWITH DELIVERING A WRITTEN COPY OF THE REMARKS JUST MADE TO THE CLERK OF THE HOUSE OF REPRESENTATIVES AND RESPECTFULLY REQUEST THAT SAID WRITTEN STATEMENT BE PLACED IN THE JOUR NAL OF THE HOUSE OF REPRESENTATIVES.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 712. By Messrs. Kidd and Chandler of Baldwin:
A Bill to be entitled an Act to provide that school bus drivers in the public schools shall be entitled to sick leave; and for other purposes.

The following Senate substitute was read: A BILL
TO BE ENTITLED An Act to provide that school bus drivers in the public schools of

THURSDAY, FEBRUARY 15, 1962

2169

this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; to provide for the accumulation of such leave; to pre scribe rules for the taking of such sick leave; to provide that the cost of employing substitute school bus drivers shall not be imposed upon school bus drivers absent on sick leave; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Each person employed as a school bus driver in any public school of this State shall be entitled to sick leave with full pay, if and when sufficient funds for such purpose are available, computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative for one school year. A school bus driver may utilize sick leave upon the approval of the Superintendent in which such school bus driver is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the school bus driver's immediate family. School bus drivers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other non-work days.

Section 2. The scale of pay for these substitute drivers shall be determined by the Board of Education of the system in which said em ployee is employed.

Section 3. No school bus driver utilizing sick leave under the pro visions of this Act shall be required to pay the cost of employing a sub stitute school bus driver to serve in his absence on such sick leave.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Kidd of Baldwin moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 110, nays 0.

The Senate substitute to HB 712 was agreed to.

Under the General Order of Business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

SB 199. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend Section 29-301 of the Code relating to covenants running with the land; and for other purposes.

The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Section 29-301 of the Code, relating to covenants running with the land, as amended by an Act approved March 28, 1935 (Ga. Laws 1935, p. 112), so as to provide that covenants restricting lands to certain uses shall not run more than twenty (20) years in those areas in counties for which zoning laws have been adopted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 29-301 of the Code, relating to covenants running with the land, as amended by an Act approved March 28, 1935 (Ga. Laws 1935, p. 112) is hereby amended by changing the period at the end of said Section to a comma, and by adding at the end of said Section the following words, "nor in those areas in counties for which zoning laws have been adopted," so that when so amended said Section shall read as follows:
"29-301. Covenants running with land go to purchaser.--The purchaser of lands obtains with the title however conveyed to him, at public or private sale, all the rights which any former owner of the land, under whom he claims, may have had by virtue of any covenants of warranty of title, or of quiet enjoyment, or of freedom from incumbrances, contained in the conveyance from any former grantor, unless the transmission of such covenants with the land is expressly negatived in the covenant itself: Provided, however, that covenants restricting lands to certain uses shall not run for more than 20 years in municipalities which have adopted zoning laws, nor in those areas in counties for which zoning laws have been adopted."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, FEBRUARY 15, 1962

2171

SB 176. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act authorizing the acceptance of cash bonds from persons charged with violation of traffic laws; and for other purposes.

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

On the passage of the Bill, the ayes were 109, nays 0.

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

SB 27. By Senator Gardner of the 47th:
A Bill to be entitled an Act to amend Code Section 81-1001 relating to the time and place for determining the sufficiency of pleadings so as to remove certain provisions relating to the waiver of objections; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Baughman Birdsong Black Blalock Bolton Bowen of Randolph Boyett Brackin Branch Busbee

Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Collins Crawford Crowe Davis Deen Dickey Dollar Duncan of Fannin Dunn Floyd Flynt

Fordham Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Horton Howard Joiner Jones of Liberty Jones of Worth Jordan Keadle Kidd

2172

JOURNAL OP THE HOUSE,

Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Melton Miller Mixon Moate Morris
Mullis
Murphy

Newton Odom Otwell Paris Parker of Screven Parker of Ware Payton Poole Purcell Rainey Raulerson Roberts Roper Ross Rowland Rutland Scarborough Scoggin Sheffield Shuman Simmons
Simpson Singer

Smith of Habersham Smith of Whitfield Strickland Tabb Tamplin Taylor of Dawson Teague Thornton Todd Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Wells of Peach Wells of Oconee Williams of Hall Wilson Young

Those not voting were Messrs.:

Adams Barber Barnett of Baker Barrett Boggs Bowen of Toombs Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Budd Bynum Caldwell Coker Conner
Cox
Culpepper Dicus Dorminy Doster Duncan of Carroll Echols Fitzgerald Fleming Flexer Fowler of Treutlen

Fuqua Hill Hodges Hull Hurst Johnson Jones of Lumpkin Jones of Sumter Kelly Keyton Killian Killingsworth Kimmons King Kirkland Lane Loggins Lovett McDonald McGarity Milhollin Moore Moorman Morgan Moss Ne Smith Pannell

Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Potts Rodgers of Charlton Rogers of Paulding Sangster Sinclair Smith of Grady Smith of Brantley Smith of Fulton Steis Stevens
Story Stuckey Taylor of Decatur Taylor of Bibb Tucker Twitty Walker of Lowndes Walker of Telfair Ware Wells of Camden

White Wickham Wilkes

THURSDAY, FEBRUARY 15, 1962

Williams of Coffee Willingham Woodward

Mr. Speaker

2173

On the passage of the Bill, the ayes were 117, nays 0.

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

SB 183. By Senators Claxton of the 21st, Jones of the 23rd, and others:
A Bill to be entitled an Act to provide for a Georgia Police Academy; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bolton Boyett Bozeman Branch Brooks of Fulton Brown Budd Bynum Caldwell Chance Chandler

Clark of Catoosa Cloer Cocke Collins Conner Cox Crowe Davis Deen Dorminy Duncan of Fannin Dunn Echols Fitzgerald Floyd Flynt Fowler of Douglas Funk Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Howard

Joiner Jones of Liberty Jones of Worth Jordan Keadle Kelly Keyton Kirkland Knight of Laurens Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Massee Matthews of Clarke McClelland McCracken McCutchen Melton Milhollin Miller

2174

JOURNAL OF THE HOUSE,

Mixon Moorman Morris Moss Murphy NeSmith Pannell Parker of Screven Parker of Ware Farmer Payton Pelham Phillips of Walton Potts Purcell Rainey Raulerson Roberts Roper

Ross Rowland Scarborough Scoggin Sheffield Shuman Simpson Sinclair Singer Smith of Grady Smith of Habersham Smith of Whitfield Steis Strickland Stuckey Tabb Taylor of Dawson Teague Thornton

Todd Tucker Twitty Undercofler Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Wiekham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Ballard Boggs Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Busbee Clarke of Monroe Coker Crawford Culpepper Dickey Dicus Dollar Doster Duncan of Carroll Fleming Flexer Fordham Fowler of Treutlen Fuqua Hill Hodges Horton

Hull Hurst Johnson Jones of Lumpkin Jones of Sumter
Kidd Killian Killingsworth Kimmons King Lane Loggins Lovett Mackay Matthews of Colquitt
McDonald McGarity Moate Moore Morgan Mullis Newton Odom Otwell Paris

Parker of Appling Phillips of Columbia Phillips of Bibb Pickard Poole Rodgers of Charlton Rogers of Paulding Rutland Sangster Simmons Smith of Brantley Smith of Fulton Stevens Story Tamplin Taylor of Decatur Taylor of Bibb Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Walker of Telfair Wells of Camden Woodward Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 0.

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

THURSDAY, FEBRUARY 15, 1962

2175

Mr. Paris of Barrow requested that the Journal show him as having voted "Aye" on SB 183.

SB 214. By Senators Claxton of the 21st, Bell of the 10th, and others:
A Bill to be entitled an Act to amend an Act relating to the inspection of public records so as to provide for the inclusion of additional records; and for other purposes.

Mr. Parker of Ware moved the previous question and the motion prevailed.

The previous question was ordered.

Mr. Bowen of Randolph moved that SB 214 be tabled.

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

Those voting in the affirmative were Messrs.:

Abney Arnsdorff Barber Barnett of Baker Baughman Birdsong Black Bowen of Randolph Boyett Brackin Brantley Brown Chandler Cox
Crowe Been Dicus Dorminy Duncan of Fannin Dunn Fitzgerald Fleming Flexer Floyd Fordham Funk Greene

Hall of Lee Harrell Hill Hurst Joiner Jones of Liberty Jordan Keadle Kidd Killian Killingsworth King Kirkland Lane Langford Lewis of Wilkinson Lewis of Burke Lokey Lowrey Massee Matthews of Colquitt McCracken McDonald McGarity Milhollin Mixon Morgan

Morris Moss Mullis Newton Parker of Ware Farmer Phillips of Walton Pickard Poole Purcell Rainey Raulerson Rogers of Paulding Scarborough Sheffield Simmons Simpson Singer Smith of Grady Smith of Whitfield Story Tabb Taylor of Dawson Teague Todd Tucker Undercofler

2176

JOURNAL OF THE HOUSE,

Walker of Telfair Ware Watson

Wells of Oconee White Williams of Coffee

Willingham Wilson Young

Thoss voting in the negative were Messrs.:

Adams Akins Andrews of Stephens Andrews of Hall Ballard Barnett of Wilkes Barrett Bolton Branch Budd Bynum Chance Cloer Cocke Culpepper Davis Dickey Echols Flynt

Fowler of Douglas Fuqua Henderson Horton Howard Kimmons Knight of Berrien Lee of Clinch Lovett Mackay Matthews of Clarke McClelland Miller Moate Moorman Murphy NeSmith Otwell Pannell

Paris Parker of Appling Payton Phillips of Bibb Potts Roberts Rutland Sangster Shuman Sinclair Smith of Habersham Stevens Taylor of Bibb Thornton Underwood of
Montgomery Waldrop Wickham Williams of Hall

Those not voting were Messrs.:

Blalock Boggs Bowen of Toombs Bozeman Brooks of Oglethorpe Brooks of Fulton Busbee Caldwell Clark of Catoosa Clarke of Monroe Coker Collins Conner Crawford Dollar Doster Duncan of Carroll Fowler of Treutlen Hale Hall of Floyd

Hodges Hull Johnson Jones of Worth Jones of Lumpkin Jones of Sumter Kelly Keyton Knight of Laurens Lee of Clayton Loggins McCutchen Melton Moore Odom Parker of Screven
Pelham Phillips of Columbia Rodgers of Charlton Roper

Ross Rowland Scoggin Smith of Brantley Smith of Fulton Steis Strickland Stuckey Tamplin Taylor of Decatur Twitty Underwood of Taylor Vaughn Walker of Lowndes Wells of Peach Wells of Camden Wilkes Woodward Mr. Speaker

On the motion to table, the ayes were 90, nays 56.

The motion prevailed and SB 214 was placed upon the table.

THURSDAY, FEBRUARY 15, 1962

2177

Mr. Lovett of Laurens arose to a Point of Personal Privilege and addressed the House.

Mr. Willingham of Cobb arose to a Point of Personal Privilege and ad dressed the House.

The following Resolution of the House was read and adopted:

HR 719. By Messrs. Smith of Emanuel, Phillips of Bibb and Scoggin of Floyd:
A RESOLUTION
Commending Miss Judy Bond; and for other purposes.
WHEREAS, it is a well established fact that Georgia produces the loveliest and most gracious ladies ever to adorn this planet; and
WHEREAS, the ladies who work for the government of the State of Georgia are by far the most beautiful of that lovely crop produced annually by this State; and
WHEREAS, there is chosen each year a "Miss Georgia State Em ployee"; and
WHEREAS, this honor was accorded to the charming Miss Judy Bond, an employee of the Secretary of State's Office, who by her gra cious appearance and wit daily presents the best front for the State government as she welcomes visitors to the Office of the Secretary of State; and
WHEREAS, the honor accorded to Miss Bond is a true reflection of her qualities;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does commend and congratulate Miss Judy Bond, "Miss Georgia State Employee" for 1961, and wishes her a most happy and fruitful life.
BE IT FURTHER RESOLVED that the Clerk of the House be instructed to transmit a suitable copy of this Resolution to Miss Judy Bond in the Secretary of State's Office.

Under the General Order of Business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

2178

JOURNAL OF THE HOUSE,

SB 181. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Director of Probation; and for other purposes.

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

On tht passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Boyett Bozeman Branch Brantley Brooks of Oglethorpe Brooks of Fulton Budd Busbee Bynum Caldwell Cocke Coker Conner Cox Crawford Crowe Culpepper Dickey Duncan of Fannin
Echols Fitzgerald Fleming Flexer

Fordham Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hull Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Kelly Keyton Killian Killingsworth King Kirkland Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke McClelland McCracken McCutchen

McDonald McGarity Miller Mixon Moorman Morris Mullis Murphy NeSmith Pannell Paris Parker of Screven Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Rainey Roberts Ross Rowland Rutland Sangster Scarborough Sheffield Shuman Simmons Sinclair Singer Smith of Whitfield Steis Stevens Stuckey

Tabb Tamplin Teague Thornton Tucker

THURSDAY, FEBRUARY 15, 1962

2179

Twitty Undercofler Walker of Telfair Ware Watson

Wells of Peach Wells of Oconee White Williams of Hall Wilson

Those voting in the negative were Messrs.:

Abney Adams Davis

Kimmons Matthews of Colquitt Moate

Smith of Habersham Story Taylor of Bibb

Those not voting were Messrs.:

Barnett of Wilkes Boggs Bolton Brackin Brown Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Collins Deen Dicus Dollar Dorminy Doster Duncan of Carroll Dunn Floyd Flynt Fowler of Douglas Fowler of Treutlen Hill Hodges

Horton Howard Johnson Jones of Sumter Keadle Kidd Knight of Laurens Loggins Lovett Melton Milhollin Moore Morgan Moss Newton Odom Otwell Parker of Ware Phillips of Bibb Purcell Raulerson Rodgers of Charlton Rogers of Paulding Roper

Scoggin Simpson Smith of Grady Smith of Brantley Smith of Fulton Strickland Taylor of Dawson Taylor of Decatur Todd Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Lowndes Wells of Camden Wickham Wilkes Williams of Coffee Willingham Woodward Young Mr. Speaker

On the passage of the Bill, the ayes were 126, nays 9.

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

SB 215. By Senator Sanders of the 18th:
A Bill to be entitled an Act to provide that whenever income from an estate or trust is available for the benefit of a person whose support is the legal obligation of another, the legal obligation of the other to sup-

2180

JOURNAL OF THE HOUSE,
port such person is reduced to the extent that such income is actually used for such person's support; and for other purposes.

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

On the passage of the Bill, the ayes were 107, 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 Senate substitute thereto:

HB 771. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to provide for the compensation of Emeritus Officers; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating Emeritus1 Offices for certain State House Officials, approved March 7, 1957 (Ga. Laws 1957, p. 206), so as to provide that said Emeritus Officers shall receive an annual salary equal to two-thirds of the salary as provided by law for the respective offices from which the Emeritus Officers have retired at the time of the appointment to an Emeritus position or twelve thousand dollars ($12,000.00) per annum whichever shall be the less amount; to provide that no person holding and enjoying, or eligible to hold and enjoy, any Emeritus Office or Emeritus status under the laws of Georgia shall be eligible to offer or qualify as a candidate in any primary or election for any other public office under the State Consti tution or any law made pursuant thereto without first resigning said Emeritus Office or Emeritus status; to repeal conflicting laws; and for other purposes,
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1. An Act creating Emeritus Offices for certain State House Officials, approved March 7, 1957 (Ga. Laws 1957, p. 206), is hereby amended by inserting at the end of the first sentence of Para graph 3 of Section 1 of said Act the following, "or twelve thousand

THURSDAY, FEBRUARY 15, 1962

2181

dollars ($12,000.00) per annum whichever shall be the less amount", so that when so amended said Paragraph shall read as follows:

"The State Treasurer Emeritus; State School Superintendent Emeritus; Comptroller General Emeritus; Secretary of State Em eritus; Attorney General Emeritus; Commissioner of Labor Em eritus; Public Service Commissioner Emeritus; and Commissioner of Agriculture Emeritus; shall each receive an annual salary equal to two-thirds of the salary as provided by law for the respective State Treasurer, State School Superintendent, Comptroller General, Secretary of State, Attorney General, Commissioner of Labor, Pub lic Service Commissioner, and Commissioner of Agriculture at the time of the appointment to an Emeritus position provided hereunder, or twelve thousand dollars ($12.000.00) per annum whichever shall be the less amount. Provided, however that the allowance of $240.00 per annum for services on boards and commissions shall not be in cluded in calculating salaries of respective emeritus positions cre ated by this Act."

SECTION 2. No person holding and enjoying, or eligible to hold and enjoy, the pay, perquisites, duties and responsibilities of an emeritus office or emeritus status shall offer or qualify as a candidate in any primary, special, general or other election as a candidate for any other public office provided for under the terms of the State Constitution, or any law made pursuant thereto, unless he shall first tender his resig nation to the Governor resigning his said emeritus office or emeritus status, or eligibility therefor, and upon such tender of said resignation all rights, pay, perquisites, duties, eligibility and responsibilities per taining to said emeritus office or emeritus status shall cease forthwith and be forfeited. The provisions of this section shall apply to all em eritus offices and emeritus status created under the Act approved March 7, 1957, hereinabove referred to, and any and all other State emeritus offices and State emeritus status now existing by virtue of Acts of the General Assembly of Georgia.
SECTION 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Story of Gwinnett moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 112, nays 0.

The Senate substitute to HB 771 was agreed to.

Mr. Andrews of Hall arose to a Point of Personal Privilege and addressed the House.

2182

JOURNAL OF THE HOUSE,

The following- message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Resolutions of the House to-wit:

HR 589. By Messrs. Coker and Abney of Walker:
A Resolution proposing an amendment to the Constitution so as to create the Walker County Development Authority; and for other pur poses.

HR 591. By Messrs. Dickey, Crawford and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to create additional industrial areas in the County of Chatham; and for other purposes.

HR 592. By Mr. Brantley of Candler:
A Resolution proposing an amendment to the Constitution so as to create the Candler County Industrial Authority; and for other purposes.

HR 607. By Messrs. Story and Morgan of Gwinnett:
A Resolution proposing an amendment to the Constitution so as to create the Gwinnett Industrial Building Authority; and for other purposes.

HR 610. By Mr. Undercofler of Sumter:
A Resolution proposing an amendment to the Constitution so as to create the Americus-Sumter Payroll Development Authority; and for other pur poses.

HR 613. By Mr. Simmons of Banks:
A Resolution proposing an amendment to the Constitution so as to create the Banks County Industrial Building Authority; and for other purposes..

HR 615. By Messrs. Melton and Bolton of Spalding:
A Resolution proposing an amendment to the Constitution so as to create the Griffin Industrial Building Authority; and for other purposes.

HR 616. By Mr. Boggs of Madison:
A Resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development Authority; and for other purposes.

HR 576. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to re lieve the Sheriff of Wayne County from law enforcement duties and

THURSDAY, FEBRUARY 15, 1962

2183

duties as jailer in the event a county police force of Wayne County is created; and for other purposes.

HR 577. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to pro vide for a County Administrator of Wayne County; and for other pur poses.

HR 582. By Messrs. Busbee and Odom of Dougherty:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment of fire protection districts in Dougherty County outside municipalities by the governing authority of Dougherty County; and for other purposes.

HR 584. By Messrs. Dunean and Waldrop of Carroll:
A Resolution proposing an amendment to the Constitution so as to create the "Mt. Zion, Turkey Creek and Flint Corner Development Authority"; and for other purposes.

HR 585. By Mr. Smith of Habersham:
A Resolution proposing an amendment to the Constitution so as to create the Clarkesville Industrial Building Authority; and for other purposes.

HR 586. By Mr. Phillips of Walton:
A Resolution proposing an amendment to the Constitution so as to create the Walton Industrial Building Authority; and for other purposes.

HR 587. By Messrs. Lewis and Tucker of Burke:
A Resolution proposing an amendment to the Constitution so as to create the Burke County Development Authority; and for other purposes.

HR 617. By Mr. Harrell of Fayette:
A Resolution proposing an amendment to the Constitution so as to create the Fayette County Industrial Building Authority; and for other pur poses.

HR 618. By Mr. Miller of Elbert:
A Resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Elbert County shall elect a County School Superintendent for Elbert County; and for other purposes.

HR 619. By Mr. Miller of Elbert:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Elbert County by the people; and for other purposes.

2184

JOURNAL OF THE HOUSE,

HR 620. By Mr. Fowler of Douglas:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Douglas County to license, police and regulate businesses; and for other purposes.

HR 621. By Messrs. Teague, Willingham and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Super intendent by the Board; and for other purposes.

HR 622. By Messrs. Teague, Willingham and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may exempt from taxation in the City of Smyrna the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead; and for other purposes.

HR 629. By Mr. Bowen of Toombs:
A Resolution proposing an amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority; and for other purposes.

HR 638. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may grant to the governing authority of Hall County the right to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks; and for other purposes.

The Senate has adopted, as amended by the requisite constitutional majority, the following Resolution of the House to-wit:

HR 578-1126. By Mr. Davis of Wayne: A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of county officers of Wayne County; and for other purposes.
The Speaker announced the House recessed until 1:30 o'clock this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
The Clerk was instructed to establish an engrossed copy of the following Bill of the House:

THURSDAY, FEBRUARY 15, 1962

2185

HB 1122. By Mr. Watson of Houston:
A Bill to be entitled an Act to amend an Act so as to authorize the City of Warner Robins to abandon a sewer easement; and for other purposes.

Under the General Order of Business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 179. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to amend Code Section 92-4611 so as to pro vide that Tax Receivers need not make rounds for the purpose of receiv ing tax returns; and for other purposes.

The following amendment was read and adopted:
Mr. Killian of Glynn moves to amend SB 179 by inserting in the caption the words ""and tax commissioners" after the words "tax re ceivers"; and by inserting in Section 1 the words "and tax commis sioners" after the words "tax receivers".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins
Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber
Barnett of Baker Baughman Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman

Brown Busbee
Bynum Chandler Clark of Catoosa Clarke of Monroe Cloer
Coker Cox Crowe Culpepper Deen Dickey Dollar Dorminy Duncan of Fannin

Echols Fitzgerald
Flexer Floyd Flynt Fordham Fowler of Douglas
Funk Fuqua Hale Hall of Lee Henderson Horton Hull Hurst Joiner

2186

JOURNAL OP THE HOUSE,

Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killings-worth Kimmons King Kirkland Knight of Berrien Lane Lee of Clinch Lee of Clayton
Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Mackay McClelland McCracken McCutchen McDonald McGarity Melton Milhollin Miller

Mixon Moore Moorman Morgan Morris Moss Mullis NeSmith Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Payton Pelham Phillips of Columbia Phillips of Bibb Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland Rutland Scoggin Sheffield Shuman Simmons Sinclair

Singer Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Tabb Taylor of Dawson Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall' Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Barnett of Wilkes Barrett Birdsong Bolton Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Budd Caldwell Chance Cocke Collins Conner Crawford Da vis Dicus

Doster Duncan of Carroll Dunn Fleming Fowler of Treutlen Greene Hall of Floyd Harrell Hill Hodges Howard Johnson Knight of Laurens Langford Lovett Massee Matthews of Clarke Matthews of Colquitt Moate

Murphy Newton Pannell Farmer Phillips of Walton Pickard Purcell Rogers of Paulding Ross Sangster Scarborough Simpson Smith of Grady Smith of Fulton Story Stuckey Tamplin Taylor of Decatur Teague

THURSDAY, FEBRUARY 15, 1962

2187

Underwood of Taylor Walker of Lowndes

Wells of Camden Wickham

Wilkes Mr. Speaker

On the passage of the Bill, as amended, the ayes were 142, nays 0.

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

SB 52. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend The Old Age Assistance Act so as to change the definition of "Assistance", and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Akins
Andrews of Hall Arnsdorff
Ballard Barber Barnett of Wilkes Baughman Black
Blalock Bowen of Randolph Boyett Bozeman
Brackin Brantley Brown
Budd Busbee Bynum Chance
Chandler Clark of Catoosa Clarke of Monroe Coker Collins Crowe

Culpepper
Davis
Deen Dickey
Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll
Echols Fitzgerald Flexer Floyd
Fowler of Douglas Funk Greene
Hale Hall of Lee Hall of Floyd Harrell
Henderson Horton Howard Hurst Joiner Jones of Worth

Jones of Lumpkin
Keadle
Keyton Killian
Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson
Lokey Lovett Lowrey Mackay
Massee Matthews of Colquitt McClelland
McCutchen McDonald Milhollin Miller
Mixon Moate Moore Moorman Morris Mullis

2188

JOURNAL OF THE HOUSE,

Murphy NeSmith Newton Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Phillips of Walton Pickard Poole Raulerson Roberts Rodgers of Charlton

Rogers of Paulding Rowland Rutland Sangster Scoggin Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Whitfield Steis Stevens Stuckey Tabb Taylor of Dawson Thornton

Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Oconee Wickham Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Adams Andrews of Stephens Barnett of Baker Barrett Birdsong Boggs Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Cloer Cocke Conner Cox Crawford Dicus Dunn Fleming Flynt Fordham Fowler of Treutlen Fuqua Hill Hodges

Hull Johnson Jones of Liberty Jones of Sumter Jordan Kelly Kidd Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lewis of Burke Loggins Matthews of Clarke McCracken McGarity Melton Morgan Moss Odom Pelham Phillips of Columbia Phillips of Bibb Potts

Purcell Rainey Roper Ross Scarborough Sheffield Simpson Singer Smith of Fulton Smith of Habersham Story Strickland Tamplin Taylor of Decatur Taylor of Bibb Teague Walker of Lowndes Walker of Telfair Wells of Peach Wells of Camden White Wilkes Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 128, nays 0.

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

THURSDAY, FEBRUARY 15, 1962

2189

SB 239. By Senators Dykes of the 14th, Dailey of the llth and Waters of the 41st:
A Bill to be entitled an Act to amend an Act relating to State Board of Corrections so as to provide for honor camps; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Baughman Black Blalock Boggs Bowen of Randolph Boyett Bozeman Brackin Brantley Brown Budd Busbee Bynum Chandler Clark of Catoosa Clarke of Monroe Coker Collins Cox Crowe Culpepper Davis Deen Dickey Dicus Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll

Echols Fitzgerald Fleming Flexer Floyd Fowler of Douglas Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hull
Hurst Joiner Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lokey Lovett Lowrey Mackay Massee Matthews of Colquitt McClelland McCutchen McDonald McGarity Milhollin Miller

Mixon Moore Moorman Morris Mullis Murphy Newton Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pickard Poole Potts Raulerson Roberts Rodgers of Charlton Rogers of Paulding Rutland Sangster Scoggin Sheffield Shuman Sinclair Smith of Grady Smith of Brantley Smith of Whitfield
Steis Stevens Strickland Stuckey Tabb Tamplin

2190
Todd Tucker Twitty Undercofler Underwood of
Montgomery

JOURNAL OF THE HOUSE,
Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Wells of Oconee

Williams of Coffee Williams of Hall Wilson Young

Those not voting were Messrs.:

Adams Barnett of Baker Barrett
Birdsong Bolton
Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Caldwell
Chance Cloer Cocke
Conner Crawford
Dunn Flynt Fordham Fowler of Treutlen
Funk Hill Hodges Horton Howard Johnson Jones of Liberty

Jones of Sumter Kidd Killian Killingsworth Kimmons
King Kirkland Knight of Laurens Knight of Berrien Lane Lewis of Burke Loggins Matthews of Clarke McCracken
Melton Moate Morgan
Moss NeSmith
Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Purcell
Rainey Roper

Ross Rowland Scarborough
Simmons Simp son Singer
Smith of Fulton Smith of Habersham
Story Taylor of Dawson Taylor of Decatur Taylor of Bibb
Teague Thornton
Walker of Lowndes Watson
Wells of Peach Wells of Camden White Wickham Wilkes Willingham Woodward Mr. Speaker

On the passage of the Bill, the ayes were 129, nays 0.

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

SB 182. By Senators Braly of the 38th and Ayers of the 31st:
A Bill to be entitled an Act to relieve from civil liability any person who renders emergency care at the scene of the emergency, and for other purposes.

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

THURSDAY, FEBRUARY 15, 1962

2191

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Barrett Baughman Black Blalock Boggs Boyett Bozeman Brantley Brown Budd Busbee Bynum Chandler Clark of Catoosa Clarke of Monroe Coker Collins Conner Cox Crowe Davis Deen Dickey Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Fitzgerald Fleming Flexer Floyd Fowler of Douglas Greene Hall of Lee

Hall of Floyd Harrell Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald McGarity Milhollin Miller Mixon Moore Moorman Morris Mullis Newton Odom Otwell Pannell Paris Parker of Screven Parker of Appling

Payton Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rutland Scoggin Sheffield Shuman Sinclair Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Watson Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Young

Voting in the negative was Mr. Parker of Ware.

Those not voting were Messrs.:

Adams Andrews of Stephens Barber

Barnett of Baker Birdsong Bolton

Bowen of Randolph Bowen of Toombs Brackin

2192

JOURNAL OF THE HOUSE,

Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Chance Cloer Cocke Crawford Culpepper Dicus Dunn Echols Flynt Fordham Fowler of Treutlen Funk Fuqua Hale Henderson Hill Hodges Horton Howard Johnson Jones of Liberty

Jones of Sumter Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien Langford Loggins Lokey Lovett McCracken Melton Moate Morgan Moss Murphy NeSmith Farmer Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Pickard Purcell

Rogers of Paulding Roper Ross Rowland Sangster Scarborough Simmons Simpson Singer Smith of Fulton Story Taylor of Dawson Taylor of Decatur Taylor of Bibb Underwood of Taylor Walker of Lowndes Wells of Peach Wells of Camden White Wickham Wilkes Woodward Mr Speaker

On the passage of the Bill, the ayes were 122, nays 1.

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

SB 89. By Senator Knox of the 54th:
A Bill to be entitled an Act to amend an Act so as to provide the method of giving notice of final hearings in adoption cases when the address of the party is unknown; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens

Andrews of Hall Arnsdorff Ballard

Barber Barnett of Wilkes Barrett

THURSDAY, FEBRUARY 15, 1962

2193

Baughman Black Blalock Bowen of Randolph Boyett Bozeman Brackin Brantley Brown Budd Busbee Bynum Chandler Clarke of Monroe Coker Collins Conner Cox Crowe Davis Dickey Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Echols Fitzgerald Fleming Floyd Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Harrell Henderson Howard Hull

Hurst Joiner Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Killian Killingsworth King Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lovett Lowrey Mackay Massee McClelland McCutchen McDonald Miller Moate Moore Moorman Morris Mullis Murphy Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Poole

Potts Rainey Raulerson Roberts Rodgers of Charlton Scoggin Sheffield Sinclair Singer Smith of Grady Smith of Habersham Smith of Whitfield Stevens Strickland Stuckey Tabb Tamplin Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Adams Barnett of Baker Birdsong Boggs Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Chaldwell Chance Clark of Catoosa Cloer

Cocke Crawford Culpepper Deen Dicus Dunn Flexer Flynt Fordham Fowler of Treutlen Fuqua Hale Hill

Hodges Horton Johnson Jones of Liberty Jones of Sumter Kidd Kimmons Kirkland Knight of Laurens Loggins Lokey Matthews of Clarke Matthews of Colquitt

2194

JOURNAL OF THE HOUSE,

McCracken McGarity Melton Milhollin Mixon Morgan
Moss NeSmith
Newton Pannell
Farmer Payton Pelham
Phillips of Columbia

Phillips of Walton Phillips of Bibb Pickard Purcell Rogers of Paulding Roper
Ross Rowland
Rutland Sangster
Scarborough Simmons Simpson
Smith of Brantley

Smith of Pulton Steis Story Taylor of Dawson Taylor of Decatur Taylor of Bibb
Teague Walker of Lowndes
Wells of Camden Wickham
Wilkes Williams of Coffee Woodward
Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 0.

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

SB 59. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill to be entitled an Act to amend Code Section 110-401 relating to judgments by default so as to redefine the situations in which damages must be established; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Baughman Black
Blalock
Bowen of Randolph Bowen of Toombs Boyett

Bozeman Brackin Budd
Busbee Bynum Chandler Clark of Catoosa Clarke of Monroe Coker Collins
Conner
Cox Crowe Culpepper

Davis Deen Dickey
Dollar Dorminy Doster Duncan of Fannin Dunn Echols Fitzgerald
Floyd
Flynt Fordham Fowler of Douglas

THURSDAY, FEBRUARY IB, 1962

2195

Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Keyton Killian Killings-worth Kimmons King Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lovett Lowrey

Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Milhollin Mixon Moate Moore Moorman Morgan Morris Murphy Newton Odom Otwell Parker of Screven Parker of Appling Farmer Pelham Phillips of Bibb Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rowland

Scoggin Sheffield Shuman Sinclair Singer Smith of Grady Smith of Brantley Smith of Whitfield Stevens Story Strickland Tabb Taylor of Bibb Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Vaughn Waldrop Walker of Telfair Ware Watson Wells of Oconee White Williams of Coffee Young

Those not voting were Messrs.:

Ballard Barnett of Baker Barrett Birdsong Boggs Bolton Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Chance Cloer Cocke Crawford Dicus Duncan of Carroll Fleming Flexer Fowler of Treutlen Hodges

Horton Johnson Jones of Liberty Kelly Kidd Kirkland Knight of Laurens Lane Lewis of Burke Loggins Lokey McCracken McGarity Melton Miller Moss Mullis NeSmith Pannell
Paris Parker of Ware Payton

Phillips of Columbia Phillips of Walton Pickard Purcell Rogers of Paulding Roper Ross Rutland Sangster Scarborough Simmons Simpson Smith of Fulton Smith of Habersham Steis Stuckey Tamplin Taylor of Dawson Taylor of Decatur Teague Underwood of Taylor Walker of Lowndes

2196
Wells of Peach Wells of Camden Wickham

JOURNAL OP THE HOUSE,

Wilkes Williams of Hall Willingham

Wilson Woodward Mr. Speaker

On the passage of the Bill, the ayes were 130, nays 0.

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

SB 84. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend Code Section 24-406 relating to the election to fill a vacancy for justice of peace so as to provide that the ordinary shall call the election, and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins
Andrews of Stephens Andrews of Hall Arnsdorff Barber
Barnett of Wilkes Black Bowen of Toombs Boyett Bozeman Budd
Busbee Bynum Caldwell
Chandler Cloer Coker Collins Conner Cox Crowe
Culpepper Deen

Dickey Dollar Dorminy
Duncan of Fannin Duncan of Carroll Dunn Echols
Fitzgerald Flexer Floyd Flynt Fordham Fowler of Douglas
Funk Fuqua Greene
Hall of Lee Henderson Hill Horton Hull Hurst Joiner
Jones of Liberty Jones of Worth

Jones of Lumpkin Jones of Sumter Jordan
Keyton Kidd Killian Kimmons
King Kirkland Knight of Berrien Lee of Clinch Lewis of Wilkinson Lewis of Burke
Lokey Massee McClelland
McCracken McCutchen McDonald Mixon Moate Moore Moorman
Morgan Morris

THURSDAY, FEBRUARY 15, 1962

2197

Moss Odom Otwell Pannell Parker of Appling Farmer Pelham Phillips of Columbia Phillips of Bibb Poole Potts Raulerson Rowland Sheffield Shuman

Sinclair Singer Smith of Habersham Smith of Whitfield Stevens Story Strickland Tabb Teague Thornton Todd Tucker Twitty Undercofler

Underwood of Montgomery
Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Hall Willingham Wilson Young

Those voting in the negative were Messrs.:

Baughman Clarke of Monroe Howard

Lowrey Mackay Murphy

Williams of Coffee Woodward

Those not voting were Messrs.:

Ballard Barnett of Baker Barrett Birdsong Blalock Boggs Bolton Bowen of Randolph Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Chance Clark of Catoosa Cocke Crawford Davis Dicus Doster Fleming Fowler of Treutlen Hale Hall of Floyd Harrell Hodges

Johnson Keadle Kelly Killingsworth Knight of Laurens Lane Langford Lee of Clayton Loggins Lovett Matthews of Clarke Matthews of Colquitt McGarity Melton Milhollin Miller Mullis NeSmith Newton Paris Parker of Screven Parker of Ware Payton Phillips of Walton Pickard Purcell Rainey

Roberts Rodgers of Charlton Rogers of Paulding Roper Ross Rutland Sangster Scarborough Scoggin Simmons Simpson Smith of Grady Smith of Brantley Smith of Fulton Steis Stuckey Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Underwood of Taylor Walker of Lowndes Wells of Camden Wickham Wilkes Mr. Speaker

2198

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 117, nays 8.

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

SB 178. By Senator McWhorter of the 50th:
A Bill to be entitled an Act to amend Code Section 92-4901 so as to provide that the Tax Collector need not make rounds for the purpose of collecting taxes, and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barnett of Baker Barrett Baughman Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brooks of Fulton Budd Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Cloer Coker Collins Cox Crowe Culpepper

Been Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Floyd Flynt Fordham Fowler of Douglas Fuqua Hale Hall of Lee Henderson Horton Howard Hull Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd

Killingsworth Kimnions King Kirkland Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee McClelland McCutchen McDonald McGarity Melton Milhollin Mixon Moore Moorman Morgan Morris Moss Mullis Murphy Odom Otwell Pannell

THURSDAY, FEBRUARY 15, 1962

2199

Parker of Screven Parker of Appling Pelham Phillips of Columbia Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rutland Scoggin Sheffield Shuman Simmons

Sinclair Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Story Strickland Tabb Taylor of Dawson Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery

Vaughn Waldrop Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Barnett of Wilkes Birdsong Bolton Brackin
Branch Brantley Brooks of Oglethorpe Brown Chance
Cocke Conner Crawford Davis Dicus Doster Fleming Flexer Fowler of Treutlen Funk Greene Hall of Floyd

Harrell Hill
Hodges Johnson Killian
Knight of Laurens Langford Loggins Lovett
Matthews of Clarke Matthews of Colquitt McCracken Miller Moate NeSmith Newton Paris Parker of Ware Parmer Payton Phillips of Walton Pickard

Rogers of Paulding Ross Rowland Sangster Scarborough Simpson Singer Smith of Grady
Smith of Fulton Steis Stuckey Tamplin Taylor of Decatur Taylor of Bibb Teague Underwood of Taylor Walker of Lowndes Walker of Telfair Wells of Camden Wickham Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 0.

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

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

2200

JOURNAL OP THE HOUSE,

Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 1072. By Mr. Dickey of Chatham:
A Bill to provide for the establishment of fire protection districts in Chatham County; and for other purposes.

HB 1136. By Messrs. Brooks and Smith of Fulton:
A Bill to amend an Act providing that certain cities shall furnish pensions to officers and employees, so as to provide credit for prior service with the United States Government; and for other purposes.

HB 1141. By Messrs. Smith and Boyett of Whitfield:
A Bill to amend an Act incorporating the City of Dalton; and for other purposes.

HB 1200. By Messrs. McClelland, Brooks and Smith of Pulton:
A Bill to amend an Act pertaining to Coroner's fees, in certain coun ties; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to wit:

HR 424-891. By Messrs. Matthews and Newton of Colquitt:
A Resolution proposing an amendment to the Constitution so as to increase and change the provisions relating to the authorized payment for the bringing in of the first commercial oil or gas well in this State; and for other purposes.

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 895. By Mr. Barber of Jackson: A Bill to be entitled an Act to establish a Board of Physical Therapy; and for other purposes.
The following Senate amendment was read:

THURSDAY, FEBRUARY 15, 1962

2201

The Senate Committee on Health and Welfare moves to amend HB 895 by striking Section 7 in its entirety and renumbering Section 8 as "Section 7".

Mr. Barber of Jackson moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Stephens Andrews of Hall Arnsdorff Barber Barnett of Wilkes Baughman Blalock Bowen of Randolph Boyett Bozeman Brackin Budd Busbee Bynum Chandler Clark of Catoosa Clarke of Monroe Coker Collins Conner Cox Crowe Culpepper Deen Dickey Dollar Dorminy Doster Duncan of Pannin Duncan of Carroll Dunn Echols Fitzgerald Floyd Flynt Fowler of Douglas Funk Fuqua Greene

Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lovett Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCutchen McDonald Mixon Moate Moore Moorman Morgan Morris Moss Murphy

Odom Otwell Parker of Screven Parker of Appling Farmer Pelham Phillips of Bibb Poole Potts Raulerson Roberts Rodgers of Charlton Rowland Seoggin Sheffield Shuman Sinclair Smith of Brantley Smith of Whitfield Stevens Story Strickland Tabb Taylor of Bibb Thornton Todd Tucker Undercofler Vaughn Waldrop Walker of Telfair Ware Watson Wells of Oconee White Williams of Hall Willingham Wilson Woodward Young

2202

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Ballard Barnett of Baker Barrett Birdsong Black Boggs Bolton
Bowen of Toombs Branch
Brantley Brooks of Oglethorpe Brooks of Pulton Brown Caldwell Chance Cloer Cocke Crawford Davis Dicus Fleming Plexer Pordham Fowler of Treutlen Hodges Horton Johnson Jones of Liberty

Keadle Kelly Knight of Laurens Lane
Lee of Clayton Loggins Lokey
Mackay McCracken McGarity Melton Milhollin Miller Mullis NeSmith Newton Pannell Paris Parker of Ware Payton Phillips of Columbia Phillips of Walton Pickard Purcell Rainey Rogers of Paulding
Roper Ross

Rutland Sangster Scarborough Simmons
Simpson Singer Smith of Grady Smith of Fulton Smith of Habersham
Steis Stuckey Tamplin Taylor of Dawson Taylor of Decatur
Teague Twitty Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Wells of Peach Wells of Camden Wickham Wilkes Williams of Coffee Mr. Speaker

On the motion to agree, the ayes were 124, nays 0.

The Senate amendment to HB 895 was agreed to.

HR 369-766. By Mr. Fowler of Douglas.
A Resolution relating to the placing of four busts of Chief Justices in the State Judicial Building; and for other purposes.

The following Senate amendments were read:
Senator Brown of the 52nd moves to amend HR 369 by striking the figures "$30,000.00" and inserting in lieu thereof the figure $20,000.000.
Senator McWhorter of the 50th moves to amend HR 369 by strik ing the period after "to select the sculptor for the project", and adding the following:

THURSDAY, FEBRUARY 15, 1962

2203

"Provided that should there be any Georgia sculptor, or sculptors, considered qualified for this project by the Georgia Fine Arts Commis sion, then the Commission for this project shall be awarded to a
Georgian."

Mr. Fowler of Douglas moved that the House agree to the Senate amend ments.
On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barrett Baughman Black Blalock Bowen of Randolph Bowen of Toombs Boyett Brackin Brooks of Fulton Budd Busbee Bynum Chandler Clark of Catoosa Clarke of Monroe Coker Collins Conner Cox Crowe Culpepper Deen Dickey Dollar Dorminy Duncan of Fannin Duncan of Carroll Dunn Echols Fitzgerald Floyd

Flynt Fowler of Douglas Funk Fuqua Greene Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Kelly Kidd Killian Killingsworth Kimmons King Kirkland Knight of Berrien Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Massee Matthews of Clarke

Matthews of Colquitt McClelland McCutchen Mixon Moorman Morgan Morris Moss Murphy Odom Otwell Parker of Screven Parker of Appling Farmer Pelham Phillips of Bibb Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rowland Scoggin Sheffield Shuman Sinclair Smith of Brantley Smith of Fulton Smith of Whitfield Stevens Story Strickland Tabb Thornton Todd Tucker Twitty

2204
Undercofler Underwood of
Montgomery Vaughn Waldrop

JOURNAL OF THE HOUSE,
Walker of Telfair Ware Watson Wells of Oconee White

Wilson Woodward Young

Those not voting were Messrs.:

Andrews of Stephens Ballard Barnett of Baker Birdsong Boggs Bolton Bozeman Branch Brantley Brooks of Oglethorpe Brown Caldwell Chance Cloer Cocke Crawford Davis Dicus Doster Fleming Flexer Fordham Fowler of Treutlen Hodges Johnson Jones of Liberty

Keadle Keyton Knight of Laurens Lane Loggins Mackay McCracken McDonald McGarity Melton Milhollin Miller Moate Moore Mullis NeSmith Newton Pannell Paris Parker of Ware Payton Phillips of Columbia Phillips of Walton Pickard Purcell Rogers of Paulding

Roper Ross Rutland Sangster Scarborough Simmons Simpson Singer Smith of Grady Smith of Habersham Steis Stuckey Tamplin Taylor of Dawson Taylor of Decatur Taylor of Bibb Teague Underwood of Taylor Walker of Lowndes Wells of Peach Wickham Wilkes Williams of Coffee Williams of Hall Willingham Mr. Speaker

On the motion to agree, the ayes were 126, nays 0.

The Senate amendments to HR 369-766 were agreed to.

Under the General Order of Business established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SB 227. By Senator Sanders of the 18th:
A Bill to be entitled an Act to amend an Act providing pensions for firemen so as to define the rights of beneficiaries; and for other pur poses.

THURSDAY, FEBRUARY 15, 1962

2205

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bowen of Randolph Boyett Bozeman Brantley Brooks of Pulton Brown Budd Busbee Chandler Clarke of Monroe Cloer Coker Collins Cox Crowe Culpepper Dickey Dollar Dorminy Duncan of Pannin Echols Fitzgerald Flexer Floyd Flynt Fordham Fowler of Douglas Fuqua Hale Hall of Lee Hall of Floyd Harrell

Horton Howard Hull Hurst Joiner Jones of Liberty Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Kimmons Kirkland Knight of Berrien Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins Lokey Lowrey Massee Matthews of Colquitt McClelland McCracken McCutchen McDonald Melton Mixon Moore Moorman Morgan Morris Moss Mullis Murphy NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware

Parker of Appling Farmer Payton Phillips of Columbia Phillips of Bibb Poole Potts Purcell Raulerson Roberts Rodgers of Charlton Roper Rowland Scoggin Sheffield Shuman Simmons Sinclair Smith of Brantley Smith of Habersham Smith of Whitfield Steis Strickland Tabb Taylor of Bibb Thornton Todd Twitty Undercofler Underwood of Taylor Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

2206

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams Andrews of Stephens Boggs Bolton Bowen of Toombs Brackin Branch Brooks of Oglethorpe Bynum Caldwell Chance Clark of Catoosa Cocke Conner Crawford Davis Deen Dicus Doster Duncan of Carroll Dunn Fleming Fowler of Treutlen Funk Greene

Henderson Hill Hodges Johnson Jones of Worth Jones of Sumter Killingsworth King Knight of Laurens Lane Langford Lovett Mackay Matthews of Clarke McGarity Milhollin Miller Moate Newton Pelham Phillips of Walton Pickard Rainey Rogers of Paulding Ross

Rutland Sangster Scarborough Simpson Singer Smith of Grady Smith of Fulton Stevens Story Stuckey Tamplin Taylor of Dawson Taylor of Decatur Teague Tucker Underwood of
Montgomery Vaughn Walker of Lowndes Wells of Camden Wickham Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 133, nays 0.

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

SB 73. By Senators Overby of the 33rd and Lambert of the 28th: A Bill to be entitled an Act to provide for the removal of disabilities of minority; and for other purposes.
Mr. Twitty of Mitchell moved that further consideration of SB 73 be post poned until tomorrow morning immediately following the period of unanimous consents.

The motion prevailed and further consideration of SB 73 was postponed until tomorrow morning immediately following the period of unanimous consents.
SB 236. By Senators Jackson of the 24th, Mathews of the 48th and others: A Bill to be entitled an Act to amend an Act so as to create the De partment of Industry and Trade in lieu of and as successor to the Department of Commerce; and for other purposes.

THURSDAY, FEBRUARY 15, 1962

2207

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

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

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Bowen of Randolph Bowen of Toombs Bozeman Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cloer Cocke Coker Collins Cox Crowe Culpepper Davis Deen Dickey Dollar Doster Duncan of Fannin Dunn Echols Flexer Floyd Flynt Fordham

Fowler of Douglas Funk Fuqua Hale Hall of Lee Harrell Henderson Hill Horton Hull Joiner Jones of Worth Jones of Lumpkin Jordan Keadle Kelly Keyton Kidd Killian Killingsworth Kimmons Kirkland Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lowrey Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen Melton Milhollin Miller Mixon Moate Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom Otwell

Pannell Paris Parker of Screven Parker of Appling Farmer Peyton Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Roberts Rodgers of Charlton Roper Rowland Sangster Scoggin Shuman Simmons Sinclair Smith of Grady Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield Stevens Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Thornton Todd Twitty Underwood of Taylor Waldrop Ware Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

2208

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Andrews of Stephens Boggs Bolton Boyett Brackin Branch Budd Conner Crawford Dicus Dorminy Duncan of Carroll Fitzgerald Fleming Fowler of Treutlen Greene Hall of Floyd Hodges Howard Hurst Johnson Jones of Worth

Jones of Sumter King Knight of Laurens Knight of Berrien Lane Lewis of Burke Loggins Lokey Lovett Mackay McDonald McGarity Moore Moss Parker of Ware Pelham Pickard Raulerson Rogers of Paulding Ross Rutland Scarborough

Sheffield Simpson Singer Steis Story Tamplin Taylor of Decatur Teague Tucker Undercofler Underwood of
Montgomery Vaughn Walker of Lowndes Walker of Telfair Watson Wells of Camden White Wickham Wilkes Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 0.

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

Mr. Sheffield of Brooks requested that the Journal show him as having voted "Aye" on the passage of SB 236.
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Com missioners for said Department; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V of the Constitution is hereby amended by adding a new Section and Paragraph to be known as Section X, Paragraph I to read as follows:
"There is hereby created the Department of Industry and Trade in lieu of and as successor to the Department of Commerce. There is hereby created a Board of Commissioners of the Department of

THURSDAY, FEBRUARY 15, 1962

2209

Industry and Trade to be composed of twenty (20) members, two from each Congressional District in the State, but no two from the same county. 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 first ten members of the Board shall be appointed by the Governor serving at the time of the ratification of this amendment, and their terms of office shall begin on April 1, 1963. He shall appoint one member from each Congressional District in the State and shall designate their terms of office as follows:

"Five members shall be appointed for three-year terms; five members for six-year terms. The other ten members of the Board shall be appointed by the Governor who takes office in January, 1963, and he shall appoint one member from each Congressional District, but not from the same county as any other member al ready appointed. He shall designate their terms of office as follows: Five members shall be appointed for three-year terms; five mem bers for six-year terms. Thereafter, all terms of all successors, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1st of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. The Board shall appoint a Director who shall be the executive officer and administrative head of the Department. In the event of the ratification of this amendment, the appoint ments to the Board shall be made as provided herein, but the pro visions of law relative to the Department of Commerce, the Director of the Department of Commerce, and the Advisory Board of the Department of Commerce shall remain as presently existing until April 1, 1963."

SECTION 2

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

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department.

''Against ratification of amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons

2210

JOURNAL OF THE HOUSE,

desiring to vote against the adoption of this proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Arnsdorff Barber Barnett of Wilkes Barnett of Baker Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Bowen of Toombs Boyett Bozeman Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Cocke Coker Collins Conner

Cox Crowe Culpepper Davis Been Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Dunn Echols Flexer Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Howard Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Keadle Kelly

Keyton Kidd Killian Killingsworth Kimmons Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McDonald Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Mullis Murphy NeSmith Newton Odom

THURSDAY, FEBRUARY 15, 1962

2211

Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Phillips of Bibb Poole Potts Purcell Rainey Raulerson Roberts Rodgers of Charlton Roper Rowland

Rutland Sangster Scarborough Scoggin Sheffield Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham Smith of Whitfield Stevens Story Strickland Stuckey Tabb Taylor of Dawson Taylor of Bibb Thornton

Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Telfair Ware Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs. :

Andrews of Stephens Ballard Bolton Brackin Branch Brooks of Fulton Cloer Crawford Dicus Dorminy Fitzgerald Fleming Fowler of Treutlen Greene Hale Hodges

Hull Hurst Johnson Jones of Sumter King Kirkland Knight of Laurens Knight of Berrien Lane Loggins Lovett McGarity Melton Moss Pickard Rogers of Paulding

Ross Simpson Smith of Fulton Steis Tamplin Taylor of Decatur Teague Vaughn Walker of Lowndes Watson Wells of Camden Wickham Wilkes Mr. Speaker

On the adoption of the Resolution, the ayes were 159, nays 0.

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

By unanimous consent, the Clerk was instructed to correct a typographical error appearing in SR 128.

2212

JOURNAL OF THE HOUSE,

SB 221. By Senator Staples of the 37th:
A Bill to be entitled an Act to provide for the manner of selecting judges emeritus; and for other purposes.

The following amendment was read and adopted: Mr. McClelland of Pulton moves to amend Senate Bill 221 as follows:
By deleting from line 21 in the caption of said Bill the words "compensation and" and by inserting immediately before the word "expenses" in said line 21 the word "actual"; and further, by de leting the word "of" immediately following the word "expenses" in same line 21 and substituting in lieu thereof the words "plus mile age for", so that when so amended, said line 21 of said caption shall read as follows: "to provide for actual expenses plus mileage for Judges Emeritus of the"
Further, by deleting from line 19 of Section 3 of said Bill the words "the sum of $25.00 per day, plus" and by inserting between the words "expenses and" in line 20 of said Section 3 the words "not to exceed $25.00 per day"; and further, by changing the comma after the word "mileage" in line 24 of said Section 3 to a period and striking and deleting the remaining language of said section.
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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Arnsdorff Ballard Barber Barnett of Wilkes Barnett of Baker Barrett Birdsong Blalock Bowen of Randolph Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown

Busbee Bynum Caldwell Chandler Coker Cox Crowe Been Dickey Dollar Doster Duncan of Fannin Duncan of Carroll Echols Floyd Funk

Fuqua Greene Hall of Lee Harrell Henderson Horton Howard Hull Joiner Jones of Worth Keyton Kidd Killian Killingsworth Knight of Berrien Langford

THURSDAY, FEBRUARY 15, 1962

2213

Lee of Clayton
Lewis of Wilkinson Loggins Mackay
Massee Matthews of Clarke Matthews of Colquitt McClelland
McCutchen Melton Mixon
Moorman Morgan Morris Newton

Odom Otwell
Pannell Parker of Screven Farmer
Payton Rodgers of Charlton
Rowland Scoggin Sheffield Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield

Steis Story
Tabb Thornton
Todd
Twitty Undercofler Underwood of
Montgomery
Waldrop Wells of Peach Wells of Oconee Willingham Wilson
Young

Those voting in the negative were Messrs.:

Adams Andrews of Hall Baughman Clark of Catoosa Clarke of Monroe Dunn Fordham
Hill

Kimmons Lovett
Lowrey Moore Murphy NeSmith
Pelham Phillips of Bibb

Poole Purcell Rutland Simmons
Stevens Taylor of Bibb Williams of Hall Woodward

Those not voting were Messrs. :

Andrews of Stephens Black Boggs Bolton Bowen of Toombs Brackin Branch Brantley Budd Chance Cloer
Cocke Collins
Conner Crawford
Culpepper Davis Dicus Dorminy
Fitzgerald Fleming
F lexer Flynt Fowler of Douglas Fowler of Treutlen

Hale
Hall of Floyd
Hodges Hurst Johnson Jones of Liberty Jones of Lumpkin Jones of Sumter
Jordan Keadle Kelly King Kirkland
Knight of Laurens Lane Lee of Clinch Lewis of Burke
Lokey McCracken McDonald McGarity Milhollin Miller Moate Moss

Mullis Paris Parker of Ware Parker of Appling Phillips of Columbia Phillips of Walton Pickard Potts
Rainey Raulerson Roberts Rogers of Paulding
Roper Ross Sangster Scarborough Shuman Simp son Singer Smith of Brantley Strickland Stuckey Tamplin Taylor of Dawson
Taylor of Decatur

2214

JOURNAL OF THE HOUSE,

Teague Tucker Underwood of Taylor Vaughn Walker of Lowndes

Walker of Telfair Ware Watson Wells of Camden White

Wickham Wilkes Williams of Coffee Mr. Speaker

On the passage of the Bill, as amended, the ayes were 92, nays 24.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. McClelland of Pulton gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 221.

The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HR 425. By Messrs. Matthews and Newton of Colquitt:
A Resolution to designate the State Park located on Little River in Colquitt, Cook and Tift Counties as the "Reed Bingham State Park" and "Bingham Lake"; and for other purposes.

HR 536. By Mr. Kirkland of Tattnall:
A Resolution to rename Reidsville State Park, so that hereafter said Park shall be known as Gordonia Alatamaha State Park; and for other purposes.

HB 1146. By Mr. Brooks of Fulton:
A Bill establishing a new charter for the City of East Point, by ex tending the City limits; and for other purposes.

HB 1161. By Messrs. M. Smith and Brooks of Fulton:
A Bill to amend an Act providing that cities have a certain population shall furnish pensions to officers and employees of such cities; to pro vide additional pensions for officers and employees who suffer injuries

THURSDAY, FEBRUARY 15, 1962

2215

resulting in total and permanent disability in the line of duty; and for other purposes.

HB 1184. By Mr. Bowen of Toombs:
A Bill to amend an Act creating a new Charter for the City of Vidalia, so as to provide for wards in said City; and for other purposes.

HB 1186. By Messrs. Lowrey, Scoggin and Hall of Floyd:
A Bill to amend an Act to provide uniformity in the composition of Boards of Commissioners of Roads and Revenues in Floyd County; and for other purposes.

HB 1187. By Mr. Sheffield of Brooks:
A Bill to repeal an Act replacing the compensation of the Sheriff of Brooks County on a salary basis in lieu of a fee basis, so that the Sheriff of Brooks County shall be placed on a fee basis; and for other purposes.

HB 1189. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the City of Morrow; and for other purposes.

HB 1190. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the City of Lake City, so as to provide for the City to exercise the right of eminent domain; and for other purposes.

HB 1191. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the City of Riverdale; to pro vide for a Civil Service or Merit System for City Employees of said City; and for other purposes.

HB 1192. By Messrs. Killian and Flexer of Glynn, and others:
A Bill to amend an Act providing a salary system in lieu of a fee system for the Solicitor General of the Brunswick Judicial Circuit; and for other purposes.

HB 1195. By Messrs. Andrews and Williams of Hall: A Bill to amend the Charter of the City of Gainesville, by changing

2216

JOURNAL OF THE HOUSE,

the corporate limits by annexing thereto four parcels of land; and for other purposes.

HB 1196. By Mr. Morris of Tift:
A Bill to amend an Act to provide for a new Charter for the City of Tifton and relating to the manager's bond; and for other purposes.

HB 1197. By Messrs. Taylor, Thornton and Phillips of Bibb:
A Bill to confirm the action of the City of Macon in closing certain alleys and transferring said property; and for other purposes.

HB 1198. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes.

HB 1199. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to amend an Act to create a system of traffic courts, so as to provide compensation for assistant solicitors; and for other purposes.

HB 1201. By Messrs. Howard, Mackay and Rutledge of DeKalb:
A Bill to create a Bond Commission for DeKalb County; and for other purposes.

HB 1204. By Messrs. Payton and Potts of Coweta:
A Bill to amend an Act known as the "Coweta County Pension and Re tirement Pay Act"; and for other purposes.

HB 1205. By Messrs. Story and Morgan of Gwinnett:
A Bill to provide that it shall be unlawful to own, possess, use, main tain or operate pinball machines or similar machines in Gwinnett County; and for other purposes.

The Senate has passed as amended by the constitutional majority the fol lowing Bills of the House and Senate to wit:

SB 211. By Senator Knox of the 54th: A Bill to amend an Act providing for physical examinations for pros-

THURSDAY, FEBRUARY 15, 1962

2217

pective employees of the State, approved March 17, 1956, as amended, so as to provide that the applicant shall pay the cost of an examination performed by a physician of the applicant's choice; and for other purposes.

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A Bill to amend an Act known as the Minimum Foundation Program for Education, so as to provide for the manner in which certain funds shall be expended; and for other purposes.

The Senate insists on its position on the following Bill of the House and re spectfully asks that a Committee of Conference be appointed.

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett, and others:
A Bill establishing a retirement for the teachers in the State Public Schools and other State supported Schools, so as to eleminate the re quirements for maintaining an annuity reserve fund and pension re serve funds; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate: Senators Miller of the 40th, Staples of the 37th and Ingram of the 42nd.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett, and others:
A Bill to be entitled an Act to amend an Act so as to eliminate the re quirement for maintaining an annuity reserve fund for the Teachers' Retirement System; and for other purposes.

Mr. Story of Gwinnett moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference on the part of the House be appointed to confer with a like committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Confer ence on the part of the House, the following members:

Messrs. Story of Gwinnett, Moore of Polk and Lewis of Burke.

2218

JOURNAL OF THE HOUSE,

The following Bills, and Resolutions of the House were taken up for the pur pose of considering the Senate amendments thereto:

HR 483-957. By Messrs. Williams and Andrews of Hall:
A Resolution proposing an amendment to the Constitution so as to authorize Hall County to maintain storm sewers and to operate a system of garbage collection; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Rules moves to amend Georgia House Resolution 483-957, Section 1, by deleting the words "all without regard to uniformity" which appear at the end of the 15th line and beginning of the 16th line, and inserting in lieu thereof the following:
"which service charges need not be uniform for all businesses and residents served by said facilities, but shall be equitable and bear a reasonable relation to the relative benefit derived from said facili ties by each such business and resident."

Mr. Andrews of Hall moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Ballard Barber Barnett of Wilkes
Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Boyett Bozeman Brackin Brantley Brown Budd Busbee

Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Coker Collins
Conner Cox Crowe Davis Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming Flexer

Floyd Fordham Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd
Harrell Henderson Horton Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton

THURSDAY, FEBRUARY 15, 1962

2219

Kidd Killian Killingsworth Kimmons King Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morris Mullis

Murphy Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Pelham Phillips of Walton Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Scoggin Sheffield Shuman Sinclair Singer Smith of Grady Smith of Whitfield Steis Stevens

Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb
Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Barnett of Baker Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Cloer Cocke Crawford Culpepper Deen Dicus Dunn Flynt Fowler of Treutlen Fuqua

Hale Hill
Hodges Johnson Jones of Liberty Kirkland Knight of Laurens Langford Loggins Matthews of Colquitt McCracken Melton Morgan Moss NeSmith Newton Pannell Payton Phillips of Columbia

Phillips of Bibb Pickard Purcell Ross Rutland Sangster Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Story Taylor of Decatur Walker of Lowndes Wells of Camden Wickham Wilkes Woodward Mr. Speaker

On the motion to agree, the ayes were 148, nays 0.

The Senate amendment to HR 483-957 was agreed to.

2220

JOURNAL OF THE HOUSE,

HR 578-1126. By Mr. Davis of Wayne:
A Resolution proposing an amendment to the Constitution so as to pro vide for the recall of county officers of Wayne County; and for other purposes.

The following Senate amendment was read:
Senator Long of 3rd moves to amend HR 578 as follows:
By adding after the sixth sentence of the quoted portion of Section 1 the following:
"Provided, however, that no such petition shall be presented to the Ordinary more than fifteen days after it is first placed in the Ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such fifteen day period shall be void and of no force and effect."

Mr. Davis of Wayne moved that the House agree to the Senate amendment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Adams Akins Andrews of Hall Ballard Barber Barnett of Wilkes Barrett Baughman
Birdsong Black Blalock Boggs Bowen of Randolph Boyett Bozeman
Brackin
Brantley Brown
Budd Busbee Bynum Chance Chandler
Clark of Catoosa

Clarke of Monroe
Coker Collins Conner Cox Crowe Davis Dickey Dollar
Dorminy Doster Duncan of Pannin Duncan of Carroll Echols Fitzgerald Fleming
Flexer
Floyd Fordham
Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd
Harrell

Henderson
Horton Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter
Jordan Keadle Kelly Keyton Kidd Killian Killingsworth
Kimmons
King Knight of Berrien
Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke
Lokey

THURSDAY, FEBRUARY 15, 1962

2221

Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morris Mullis Murphy Odom Otwell Paris Parker of Screven Parker of Ware Parker of Appling Farmer

Pelham Phillips of Walton Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Scoggin Sheffield Shuman Sinclair Singer Smith of Grady Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin

Taylor of Dawson Taylor of Bibb Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Barnett of Baker Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Pulton Caldwell Cloer Cocke Crawford Culpepper Deen Dicus Dunn Plynt Fowler of Treutlen Fuqua

Hale Hill
Hodges Johnson Jones of Liberty Kirkland Knight of Laurens Langford Loggins Matthews of Colquitt McCracken Melton Morgan Moss NeSmith Newton Pannell Payton Phillips of Columbia

Phillips of Bibb Pickard Purcell Ross Rutland Sangster Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Story Taylor of Decatur Walker of Lowndes Wells of Camden Wickham Wilkes Woodward Mr. Speaker

On the motion to agree, the ayes were 148, nays 0.

The Senate amendment to HR 528-1126 was agreed to.

2222

JOURNAL OF THE HOUSE,

HR 516-995. By Messrs. Crawford, Dickey and Funk of Chatham:
A Resolution proposing an amendment to the Constitution so as to pro vide for fire protection districts in Chatham County; and for other purposes.

The following Senate amendment was read:
Senator Grayson of the 1st moves to amend House Resolution 516995: by striking in Section I thereof the following language:
"The provision of this amendment after adoption shall not be come effective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said purpose in said dis trict first approve by a vote the establishment of a district for said purposes," and inserting in lieu thereof the following language:
"The provisions of this amendment shall not become effective in any district until and unless a majority of the voters voting in an election called for said purpose in said district first approved by a vote the establishment of a district for said purposes. The pro visions contained herein shall in no wise affect any private water and sewerage systems in existence at the time of the approval of any such district by the voters thereof."

Mr. Crawford of Chatham moved that the House agree to the Senate amend ment.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Adams Akins Andrews of Hall Ballard Barber Barnett of Wilkes Barrett Baughman Birdsong Black Blalock Boggs Bowen of Randolph Boyett Bozeman

Brackin Brantley Brown Budd Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Coker Collins Conner Cox Crowe Davis

Dickey Dollar Dorminy Doster Duncan of Fannin Duncan of Carroll Echols Fitzgerald Fleming Flexer Floyd Fordham Fowler of Douglas Funk Greene Hall of Lee

THURSDAY, FEBRUARY 15, 1962

2223

Hall of Floyd Harrell Henderson Horton Howard Hull Hurst Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Jordan Keadle Kelly Keyton Kidd Killian Killings-worth Kimmons King Knight of Berrien
Lane Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke
Lokey Lovett Lowrey Mackay Massee Matthews of Clarke McClelland McCutchen

McDonald McGarity Milhollin Miller Mixon Moate Moore Moorman Morris Mullis Murphy Odom Otwell Paris Parker of Screven Parker of Ware 'Parker of Appling Farmer Pelham Phillips of Walton Poole Potts Rainey Raulerson Roberts Rodgers of Charlton Rogers of Paulding Roper Rowland Scarborough Scoggin Sheffield Shuman Sinclair

Singer Smith of Grady Smith of Whitfield Steis Stevens Strickland Stuckey Tabb Tamplin Taylor of Dawson Taylor of Bibb
Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Willingham Wilson Young

Those not voting were Messrs.:

Andrews of Stephens Arnsdorff Barnett of Baker Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Cloer Cocke Crawford Culpepper Deen Dicus Dunn Flynt Fowler of Treutlen Fuqua

Hale Hill Hodges Johnson Jones of Liberty Kirkland Knight of Laurens Langford Loggins Matthews of Colquitt McCracken Melton Morgan Moss NeSmith Newton Pannell Payton Phillips of Columbia

Phillips of Bibb Pickard Purcell Ross Rutland Sangster Simmons Simpson Smith of Brantley Smith of Fulton Smith of Habersham Story Taylor of Decatur Walker of Lowndes Wells of Camden Wickham Wilkes Woodward Mr. Speaker

2224

JOURNAL OP THE HOUSE,

On the motion to agree, the ayes were 148, nays 0.

The Senate amendment to HR 516-995 was agreed to.

HB 921. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A Bill to be entitled an Act to provide for grants to municipalities to aid in the construction and maintenance of streets; and for other purposes.

The following Senate amendment was read:
Senator Sanders of the 18th moves to amend HB 921 by striking from said Bill, Section 5A and Section 5B in its entirety.

Mr. Andrews of Hall moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 114, nays 0.

The Senate amendment to HB 921 was agreed to.
HB 126. By Messrs. Hall of Ployd, Matthews of Clarke and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act so as to provide for the manner in which certain funds shall be expended by the Minimum Foundation Program; and for other purposes.
The following Senate amendment was read:
The Senate Committee moves to amend HB 126 as follows:
By adding a sentence at the beginning of the quoted matter found in Section 1 of said Act to read as follows:
"The State Board of Education in calculating, as prescribed below, the financial ability of each local unit of administration to support the minimum foundation program for the school year of 1962-63, shall apply the same economic index (that for 1961) and the same seven-mill tax levy on the State School Tax Digest (that for 1960) as was used in calculating the financial ability of each local unit of administration to support the minimum foundation program for the school year of 1961-62."

THURSDAY, FEBRUARY 15, 1962

2225

By adding at the end of the 4th sentence of said quoted matter, as it read before these amendments, the following:

"Provided that the calculation of said financial ability for each school year shall not exceed the amount for that year specified for that purpose by the General Assembly in the biennial appropria tions bill."

Mr. Twitty of Mitchell moved that the House disagree to the Senate amend ment, and the motion prevailed.
The Senate amendment to HB 126 was disagreed to.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate:

SB 56. By Senators Sanders of the 18th and Gardner of the 47th:
A Bill amending an Act revising the law relative to discovery, deposi tions and interrogatories, approved March 25, 1959 (Ga. L. 1959, Vol. 1, p. 425), so as to define the method of service of notices, orders, sub poenas and other papers; to i-epeal conflicting laws; and for other purposes.

The Senate has agreed to the House amendment to the following Resolution of the Senate:

SR 150. By Senators Ayers of the 31st, Harrington of the 20th, and others: A Resolution creating a Committee to study the Health Code; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:
HB 151. By Mr. Walker of Lowndes:
A Bill to amend an Act relating to applications for letters of admin istration so as to require that in all such applications the full name and legal residence of the deceased, the date of his death, the names, ages, relationships and addresses of the surviving spouse and heirs at law of the deceased be listed; and for other purposes.

2226

JOURNAL OP THE HOUSE,

HB 1142. By Mr. Lane of Bulloch:
A Bill to amend an Act relating to the Game and Fish Commission, so as to provide which animals might be hunted at night; and for other purposes.

The Senate insists on its position to the following Bill of the House and respectfully asks that a Committee of Conference be appointed:

HB 358. By Mr. Story of Gwinnett:
A Bill to amend an Act relating to the delivery of worthless checks, so as to clarify said check; to provide certain rules of evidence and pre sumptions in civil actions arising out of arrest or prosecution hereunder; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate, Senators McKenzie of the 13th, Persons of the 22nd and Gardner of the 47th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 358. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act relating to the delivery of worthless checks, and for other purposes.

Mr. Story of Gwinnett moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference be appointed to confer with a like committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members:

Messrs. Story of Gwinnett, Murphy of Haralson and Busbee of Dougherty.
Mr. Sheffield of Brooks arose to a Point of Personal Privilege and addressed the House.
By unanimous consent, the following Resolutions of the House and Senate were read and adopted:

THURSDAY, FEBRUARY 15, 1962

2227

HR 716. By Messrs. Sheffield of Brooks, Newton and Matthews of Colquitt, and others:

A RESOLUTION
Relative to the establishment of terminal farmers' markets on the eastern seaboard; and for other purposes.
WHEREAS, an increaseing quantity of the products of the farmers of this State is moving for consumption in the metropolitan areas along the northeastern seaboard; and
WHEREAS, it would be beneficial for the several states producing food products to participate in the establishment of a terminal market; and
WHEREAS, it is desirable that a complete and thorough study be made as to the feasibility and desirability of establishing such a facility; and
WHEREAS, it is desirable that such a facility be established at the location and with such facilities as to render the greatest possible service at the least possible cost;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a committee, to be composed of 7 members from the House, to be appointed by the Speaker, to study the feasibility and advisability of establishing a terminal farmers' market on the eastern seaboard. The members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The committee shall make a report of its findings to the General Assembly not later than December 15, 1962.
BE IT FURTHER RESOLVED that the Department of Agriculture of the State of Georgia is hereby authorized and directed to assist the committee on the making of its study, and to this end, the Department is authorized to utilize the funds of the Department.

The following amendment, offered by the Committee on Rules was read and adopted:
The Rules Committee moves to amend HR 716, as follows:
By striking the first "resolve clause" therefrom and inserting in lieu thereof the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created an interim legislative committee, to be composed of five members from the House of Representatives to be appointed by

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the Speaker. The committee shall have power and authority to study the feasibility and advisability of establishing a terminal farmers' market on the eastern seaboard. The committee created by this Resolution shall have power and authority to meet and shall have ten (10) days each member for carrying out the pur poses of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and allowances author ized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government. The committee shall make a report of its studies as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia on or before December 15, 1962 and said com mittee shall stand abolished as of that date."

The Resolution, as amended was adopted.

HR 720. By Messrs. Caldwell of Upson, Parker of Appling and Potts of Coweta:
A RESOLUTION
WHEREAS, the City of Altanta and Chief Herbert T. Jenkins of the Atlanta Police Department have been most gracious in allowing the House of Representatives to enjoy the services of Sergeant Ben F. Rains; and
WHEREAS, Sergeant Rains has been a great asset to the Legisla ture and has conducted himself in such a manner as to win the respect esteem and friendship of members of the House of Representatives; and
WHEREAS, in performing his duties he has been a credit to the City of Atlanta and the Atlanta Police Department; now therefore
BE IT RESOLVED by the House of Representatives, the Senate concurring, to thank the City of Atlanta and Chief Herbert T. Jenkins, and extend to Sergeant Ben F. Rains the esteem and best wishes of all the members of the General Assembly;
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to Mayor Ivan Alien, Chief Herbert T. Jenkins and Sergeant Rains.
HR 729. By Mr. Dicus of Muscogee:
A RESOLUTION
Creating an interim legislative committee to study Code Title 58, relating to intoxicating liquors; and for other purposes.

THURSDAY, FEBRUARY 15, 1962

2229

WHEREAS, the laws regulating and governing intoxicating liquors, including but not limited to malt beverages, wines and alcoholic liquors, produces a large amount of income for the State of Georgia; and

WHEREAS, some of the laws involving malt beverages, wines and alcoholic liquors are vague and outdated; and

WHEREAS, there is a need for a study of the laws of the State of Georgia relating to intoxicating liquors, including malt beverages, wines and alcoholic liquors;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legisla tive committee to be composed of five members of the House of Repre sentatives to be appointed by the Speaker thereof. The committee shall have the power and authority to study, evaluate and make an investiga tion of all of the laws embodied in Code Title 58, entitled Intoxicating Liquors, and such other laws of the State of Georgia relating to the laws set out in said Code Title 58, to make recommendations as to the manner that such Code Title and the laws related thereto should be amended, consolidated, superseded, repealed or otherwise changed, to make a study of and investigate the laws of other states, to study and investigate the facilities and the administration of laws relating to intoxicating liquors in the State of Georgia and to do such other things as are necessary for the purpose of carrying out the intents of this Resolution.

BE IT FURTHER RESOLVED that the members of the Commit tee created by this Resolution shall have power and authority to meet and shall have ten (10) days each member for carrying out the purposes of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia on or before January 15, 1963 and said committee shall stand abolished as of that date.

HR 730. By Messrs. Coker of Walker, Adams of Polk, and others:
A RESOLUTION Commending Mr. D. Vann Underwood; and for other purposes.
WHEREAS, Mr. D. Vann Underwood is an upstanding, forthright and honest gentleman; and
WHEREAS, Mr. Underwood has led a distinguished career of public

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JOURNAL OF THE HOUSE,

service, having been a member of the House of Representatives from Bartow County; and

WHEREAS, Mr. Underwood now resides in Atlanta and carries on his business there; and

WHEREAS, because of his many kind thoughts and services to the legislators and especially those who are members of the Seventh District Legislative Association, of which he is a member, he is held in high esteem by the members of the House of Representatives;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does confer its highest commenda tions on the Honorable D. Vann Underwood and wishes him a happy and fruitful life.

BE IT FURTHER RESOLVED that the Clerk of the House be instructed to transmit a suitable copy of this Resolution to Mr. D. Vann Underwood.

HR 731. By Messrs. Barrett of Cherokee, Williams of Hall, and others:
A RESOLUTION
Expressing appreciation to the Editor and Publishers of The Daily Times of Gainesville, Georgia; and for other purposes.
WHEREAS, the Editor and Publishers of The Daily Times of Gainesville, Georgia have daily, during the 1962 Session of the General Assembly, distributed a copy of said newspaper to each member of the General Assembly of Georgia from the 9th Congressional District; and
WHEREAS, The Daily Times is one of the leading newspapers of the State of Georgia; and
WHEREAS, said newspaper has always given impartial and com plete news coverage and has never shown favoritism in their publication toward any special interest; and
WHEREAS, said paper has kept the members of the General Assembly well informed as to all news events within the 9th Congres sional District and the citizens of the 9th District have been afforded a complete news coverage of the proceedings of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the sincerest appreciation and gratitude of this body is hereby extended to the Editor and Publishers of The Daily Times for their fair, complete and impartial coverage of the news and events of the General Assembly and of the 9th Congressional District.
BE IT FURTHER RESOLVED that the sincerest appreciation and

THURSDAY, FEBRUARY 15, 1962

2231

gratitude of this body is hereby extended to the Editor and Publishers for the said newspaper for their thoughtfulness and kindness in dis tributing their newspaper to the members of the General Assembly of Georgia from the 9th Congressional District each day.

BE IT FURTHER RESOLVED that as a token of our appreciation and gratitude, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Reso lution to Honorable Sylvan Meyer, Editor of The Daily Times.

HR 683. By Mr. Sangster of Dooly:
A RESOLUTION
Creating an interim legislative committee to study matters relating to the retirement of employees of The Department of Public Safety; and for other purposes.
WHEREAS, a majority of the members and employees of The Georgia Department of Public Safety, particularly such members and employees thereof that are attached to the Uniform Division and the division commonly known as The Georgia Bureau of Investigation, are constantly subjected to extremely hazardous duties including the appre hension of criminals and flagrant violators of the traffic laws of the State; and
WHEREAS, the members of said Department are only afforded the same retirement rights and benefits as other State employees; and
WHEREAS, many municipalities, counties and states in the United States have reduced the retirement age for peace officers, policemen, sheriffs and other law enforcement bodies.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legisla tive committee to be composed of five members of the House of Repre sentatives to be appointed by the Speaker. The committee shall have power and authority to evaluate the future needs of the State of Geor gia relating to The Department of Public Safety, to study the advisa bility and need of amending the provisions of the Employees' Retirement System of Georgia insofar as the same relates to the members and em ployees of The Department of Public Safety and to conduct and make investigations and studies relevant to the retirement benefits afforded members and employees of The Department of Public Safety. The com mittee shall be further authorized to confer with the officials of this State and of the other states upon any subjects relating to the subject matter of this Resolution and shall do such other things as may be neces sary for the carrying out of the terms of this Resolution.
BE IT FURTHER RESOLVED that the members of the Commit tee created by this Resolution shall have power and authority to meet and shall have ten (10) days each member for carrying out the pur-

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poses of this Resolution and the members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Geor gia on or before January 15, 1963 and said Committee shall stand abol ished as of that date.

The following amendment, offered by the Committee on Rules, was read and adopted:
Rules Committee moves to amend HR 683 as follows:
By striking from the "Resolve Clause" thereof the following lan guage :
"The Committee shall be further authorized to confer with the officials of this State and of the other states upon any subjects re lating to the subject matter of this Resolution and shall do such other things as may be necessary for the carrying out of the terms of this Resolution." ,
and inserting in lieu thereof the following language:
"The Committee shall be further authorized to confer with the officials of this State upon any subjects relating to the subject mat ter of this Resolution and shall do such other things as may be necessary for the carrying out of the terms of this Resolution."

The Resolution, as amended, was adopted.

HR 666. By Messrs. Doster of Wilcox and Kelly of Jasper:
A RESOLUTION
Creating a Traffic Laws Study Committee; and for other purposes.
WHEREAS, the needless loss of lives on the highways presents a problem of great magnitude and which concerns every citizen of this State; and
WHEREAS, it is imperative that the traffic laws be constantly studied in order that they be kept up to date;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

THURSDAY, FEBRUARY 15, 1962

2233

REPRESENTATIVES that there is hereby created the Traffic Laws Study Committee to be composed of five members of the House, to be appointed by the Speaker, for the purpose of studying traffic laws and the administration thereof in this and other states. In order to more efficiently perform its duties the Committee is hereby authorized to employ clerical and technical assistance and fix the compensation therefor. The members shall receive the compensation, per diem, ex penses and allowances authorized for members of interim legislative committees, but shall receive the same for not to exceed 20 days per member. The funds necessary to carry out the purposes of this Reso lution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Committee shall seek to find ways to improve the traffic laws and reduce the number of deaths on the highways. The Committee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

The following amendment, offered by the Committee on Rules, was read and adopted:
Rules Committee moves to amend HR 666 as follows:
By striking from the "Resolved Clause" thereof the following lan guage :
"In order to more efficiently perform its duties the Committee is hereby authorized to employ clerical and technical assistance and fix the compensation therefor. The members shall receive the com pensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees, but shall receive the same for not to exceed 20 days per member.",
and inserting in lieu thereof the following language:
"The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative com mittees, but shall receive the same for not to exceed 10 days each member."

The Resolution, as amended, was adopted.

HR 678. By Mr. Andrews of Hall:
A RESOLUTION
Creating a Committee to study the feasibility of having separate barber and beautician boards; and for other purposes.
WHEREAS, it is important to the citizens of this State that barbers

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JOURNAL OF THE HOUSE,

and beauticians practicing on the citizens of this State should he duly qualified; and

WHEREAS, the proper means of assuring that these persons are so qualified is to have them submit themselves for examination before a board; and

WHEREAS, barbers and beauticians are somewhat dissimilar pro fessions so that it might be more feasible to submit them to different examining boards.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to study the feasibility of having separate boards for barbers and beau ticians. The membership shall be limited to five members of the House which shall be chosen from the Hygiene and Sanitation Committee by the Speaker. The Committee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. In order to more efficiently carry out its duties, the Committee is authorized to employ clerical help and fix the compen sation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legisla tive branch of the government. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the Committee shall stand abolished.

The following amendment, offered by the Committee on Rules, was read and adopted:
Rules Committee moves to amend HR 678, as follows:
By striking from the "Resolved Clause" thereof the following lan guage :
"In order to more efficiently carry out its duties, the Commit tee is authorized to employ clerical help and fix the compensation therefor.",
and inserting in lieu thereof the following language:
"The Committee created by this Resolution shall have not more than ten (10) days each member for the carrying out of the pur poses of this Resolution."

The Resolution, as amended, was adopted.
HR 653. By Messrs. Pickard of Muscogee, Conner of Jeff Davis and Twitty of Mitchell:

THURSDAY, FEBRUARY 15, 1962

2235

A RESOLUTION

Creating a Committee to make a study of the various Bills which have been proposed to remedy the problem created by uninsured motor ists; and for other purposes.

WHEREAS, each year sees an increase in the number of motor vehicles using the public ways in the State of Georgia, with the inevi table resulting increase in the number of motor vehicle accidents; and

WHEREAS, there is a concurrent increase in the number of bodily injury and property damage accidents in which the owner and/or opera tor of the motor vehicle causing the accident is found legally liable for such damages, but proves financially irresponsible and unable to pay for the damages caused by his negligence; and

WHEREAS, the situation is of such importance to the citizens of this State as to warrant a thorough study of methods available to pro tect the public from monetary losses arising out of bodily injuries and property damages suffered at the hands of financially irresponsible motorists;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the various Bills which have been proposed to remedy the problem created by uninsured motorists and possible solutions to such problems. The Committee members shall re ceive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Committee shall receive the above for not to exceed 15 days for each member. In order to more efficiently carry out its duties, the Committee is authorized to employ clerical help and fix the compensation therefor. The funds neces sary to carry out the purposes herein shall come from the funds appro priated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 15, 1963, on which date the Committee shall stand abolished.

The following substitute, offered by Mr. Pickard of Muscogee was read and adopted:

HR 653. By Messrs. Pickard of Muscogee, Conner of Jeff Davis and Twitty of Mitchell:
A RESOLUTION
Creating a Committee to study the problem of the high percentage of vehicles being operated upon the public ways of Georgia without ade quate liability and property damage insurance; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, each year sees an increase in the number of motor vehicles using the public ways in the State of Georgia, with the inevita ble resulting increase in the number of motor vehicle accidents; and

WHEREAS, there is a concurrent increase in the number of bodily injury and property damage accidents in which the owner and/or operator of the motor vehicle causing the accident is found legally liable for such damages, but proves financially irresponsible and unable to pay for the damages caused by his negligence; and

WHEREAS, the situation is of such importance to the citizens of this State as to warrant a thorough study of methods available to pro tect the public from monetary losses arising out of bodily injuires and property damages suffered at the hands of financially irresponsible motorists;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the various Bills which have been proposed to remedy the problem created by uninsured motorists and possible solutions to such problems. The Committee members shall re ceive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Committee shall receive the above for not to exceed 15 days for each member. In order to more efficiently carry out its duties, the Committee is authorized to employ clerical help and fix the compensation therefor. The funds neces sary to carry out the purposes herein shall come from the funds appro priated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 15, 1963, on which date the Committee shall stand abolished.

The Resolution was adopted, by substitute.

SR 157. By Senator Sanders of the 18th:
A RESOLUTION
Requesting the Institute of Law and Government of the School of Law and the Center for Continuing Education of the University of Georgia to conduct the Third Institute for Georgia Legislators, provid ing for the formation of a Program Committee; and for other purposes.
WHEREAS, the First and Second Institutes for Georgia Legisla tors were held in 1958 and 1960 at the Center for Continuing Education on the campus of the University of Georgia, and
WHEREAS, these Institutes for Georgia Legislators were planned, executed and conducted by the University's Institute of Law and Gov ernment of the School of Law and Center for Continuing Education, in

THURSDAY, FEBRUARY 15, 1962

2237

cooperation with a Program Committee composed of various members and officers of the Senate and House of Representatives, and

WHEREAS, these Institutes were highly successful and all who attended were better able to perform their duties as Legislators and, consequently, serve the people of their locality and their State in a bet ter and more efficient manner, and

WHEREAS, if such an Institute is to be held in 1962, a great deal of forethought and advance work and scheduling on the part of the Institute of Law and Government and Center for Continuing Education will be required.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Institute of Law and Government and Center for Continuing Education of the University of Georgia are hereby requested: (1) to plan and conduct the Third Institute for Georgia Legislators; (2) to schedule this Institute to take place in December, 1962 at the Center for Continuing Education on the campus of the University of Georgia in Athens; and (3) to invite all newlyelected members of the 1963-1964 Senate and House of Representatives to attend this Institute.

BE IT FURTHER RESOLVED, that the Institute of Law and Gov ernment and Center for Continuing Education are hereby requested to invite, at the appropriate time, various in-coming members of the 19631964 Senate and House of Representatives to serve as a Program Com mittee, this Committee to afford counsel, guidance, and assistance to the Institute of Law and Government and Center for Continuing Edu cation in the planning and conduct of this Third Institute for Georgia Legislators.

BE IT FURTHER RESOLVED, that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Presi dent of the University of Georgia, the Dean of the University of Geor gia School of Law, the Director of the Georgia Center for Continuing Education, and the Director of the Institute of Law and Government.

SR 167. By Senator Overby of the 33rd:
A RESOLUTION
Expressing deepest regrets at the passing of Honorable L. 0. Mosley; and for other purposes.
WHEREAS, Honorable L. 0. Mosley, the President of the Henry Grady Hotel Corporation passed away on Monday afternoon, February 12, 1962; and
WHEREAS, Mr. Mosley was an alderman of the City of Atlanta for 23 years, a member of the Georgia and Atlanta Hotel Associations, having served as President of both; and

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JOURNAL OF THE HOUSE,

WHEREAS, he was known and loved by all the members of this body due to his long association with the Henry Grady Hotel; and

WHEREAS, his passing leaves a great void in the hearts of all those who have made his acquaintance;

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regrets are hereby expressed on the passing of Honorable L. O. Mosley, and heartfelt sympathy is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the family of Mr. Mosley.

By unanimous consent, the following Resolutions of the House and Senate were read and Referred to the Committee on Rules:

SR 165. By Senator Seagraves of the 30th:
A RESOLUTION
Designating February as American History Month; and for other purposes.
WHEREAS, it behooves all the Citizens to have a greater knowl edge of the history of this great Nation of ours; and
WHEREAS, all Citizens should have a deeper appreciation for our outstanding American Heritage; and
WHEREAS, the Daughters of the American Revolution are spon soring a program to have February designated as American History Month;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Month of February is hereby des ignated as American History Month and all the Citizens of this State are urged to seek additional knowledge concerning the traditions of this great Nation.

HR 721. By Messrs. Bolton of Spalding, and others:
A RESOLUTION
Creating a committee to investigate the problem of the unauthor ized practice of law; and for other purposes.
WHEREAS, the unauthorized practice of law in the State of Geor gia discredits those honorable and honest practitioners of that profes sion in this State; and

THURSDAY, FEBRUARY 15, 1962

2239

WHEREAS, the problem of the unauthorized practice of law is acute within the minds of the citizens of this State; and

WHEREAS, divers and sundry persons in this State are represent ing themselves as experts in the various fields of law without ever being admitted to practice law in this State; and

WHEREAS, the erroneous advice extended by said persons to their own self interest is not beneficial to the recipients thereof;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to in vestigate the problem of the unauthorized practice of law. Said com mittee shall be composed of five members of the House to be appointed by the Speaker. Said committee shall study the problem of the unauthor ized practice of law in order that it might define same. The committee members shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative committees. The
committee shall receive the above for not to exceed ten days for each member. In order to more efficiently carry out its duties, the commit tee is authorized to employ clerical help and fix the compensation there for. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch
of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 14, 1963, on which date the committee shall stand abolished.

HR 722. By Mr. Fowler of Douglas:
A RESOLUTION
Creating a committee to study the problems caused by financially irresponsible motorists and to recommend a solution to such problems so that the people of Georgia will be protected to the greatest possible degree; and for other purposes.
WHEREAS, each year sees an increase in the number of motor vehicles using the public ways in the State of Georgia, with the in evitable resulting increase in the number of motor vehicle accidents; and
WHEREAS, there is a concurrent increase in the number of bodily injury and property damage accidents in which the owner and/or operator of the motor vehicle causing the accident is found legally liable for such damages, but proves financially irresponsible and unable to pay for the damages caused by his negligence; and
WHEREAS, the situation is of such importance to the citizens of this State as to warrant a thorough study of methods available to pro tect the public from monetary losses arising out of bodily injuries and property damages suffered at the hands of financially irresponsible motorists;

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JOURNAL OF THE HOUSE,

NOW. THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker for the purpose of making a study of the problems created by finan cially irresponsible motorists and to recommend a solution to such prob lems so that the people of Georgia will be protected to the greatest pos sible degree. The committee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not to exceed 10 days for each member. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or avail able to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 15, 1963, on which date the committee shall stand abolished.

HR 723. By Messrs. Smith, McClelland and Brooks of Fulton, and others:
A RESOLUTION
Requesting protection for old cemeteries.
WHEREAS, the National Society Daughters of the American Revo lution has three main objectives which are: Patriotism, History and Education; and
WHEREAS, it has been called to the attention of Cherokee Chap ter DAR that abandoned church cemeteries, family graveyards and other old cemeteries are being destroyed by vandalism, housing and commercial development to make way for progress; and
WHEREAS, this wanton destruction impairs the authenticity of the records of our treasured history and blackens the memory of our hallowed dead; now therefore
BE IT RESOLVED that appropriate legislation be enacted to pro tect these last resting places by requiring all persons or corporations having control of the real estate upon which these burial sites are lo cated to protect them from removal of head stones and markers, or other destruction by vandals or builders or developers by maintaining proper fencing to enclose these sites and a substantial gate kept under lock and key to keep out trespassers. Failure of compliance with these provisions should be punishable as for a misdemeanor.

HR 724. By Mr. Killian of Glynn:
A RESOLUTION
Creating a Billboard Study Committee; and for other purposes.
WHEREAS, the question of control of outdoor advertising along highways is one of vital concern to the entire State; and

THURSDAY, FEBRUARY 15, 1962

2241

WHEREAS, additional study on this subject is needed in order that members of the General Assembly may be furnished information rela tive thereto;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Billboard Study Committee to be composed of three members of the House to be ap pointed by the Speaker. The Committee shall study the subject of control of outdoor advertising along highways. The members shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees but shall receive the above for not to exceed five days per member. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The Com mittee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished.

HR 725. By Mr. Barber of Jackson:
A RESOLUTION
Requesting that the United States Senators and Congressmen enact legislation providing that in making a determination of the amount of old age assistance, assistance to needy blind persons, and assistance to the totally and permanently disabled, the Department of Welfare shall disregard the first fifty ($50.00) dollars of income to such per sons from any source whatsoever; and for other purposes.
WHEREAS, the "cost of living" has continually increased with each succeeding year; and
WHEREAS, the assistance now being granted to most persons as hereinbefore mentioned is grossly inadequate and not compatible with decency and health; and
WHEREAS, the General Assembly of Georgia has attempted to help relieve this situation by providing that in determing the amount of assistance to be granted the first fifty ($50.00) dollars of income shall be disregarded, and the United States Department of Health, Edu cation and Welfare has failed to approve such provisions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it is hereby urgently requested and recommended that the United States Senators and Representatives enact legislation providing that in making a determination of the amount of old age assistance, assistance to the needy blind, and assistance to the totally and permanently disabled, the first fifty ($50.00) dollars of income each month be disregarded.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appropri-

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JOURNAL OF THE HOUSE,

ate copy of this Resolution to each member of the Georgia Delegation to the United States Congress.

HR 726. By Mr. Barber of Jackson:
A RESOLUTION
Creating a committee to study the problems of the Teacher Retire ment System; and for other purposes.
WHEREAS, one of the lowest compensated professions in the State of Georgia is the teaching profession; and
WHEREAS, to alleviate this situation the teachers of Georgia should have an adequate retirement system so as to attract better quali fied people into said profession; and
WHEREAS, there are many teachers which are retired and are receiving insufficient retirement; and
WHEREAS, many teachers who are currently participating in the retirement system are constantly facing questions and problems which they do not properly understand; and
WHEREAS, it is deemed advisable that a committee be created to study the complicated problems now created by our Teacher Retire ment System and to make recommendations which will help remedy these situations.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Teacher Re tirement Study Committee. The committee shall be composed of five (5) members to be appointed by the Speaker. The Speaker is to determine and authorize the amount of time to be granted to this study committee. The committee is to make a report and its recommendations prior to December 14, 1962. The members of the committee shall receive the compensation, per diem, authorized for legislators who are members of interim legislative committees. All funds necessary for the purposes of this Resolution shall come from the funds appropriated to the legis lative branch of the Government and from any other available funds.
HR 727. By Messrs. Roper of Greene, Roberts of Jones, and others:
To create an interim committee to study water pollution; and for other purposes.
WHEREAS, an abundant supply of fresh and pure water is among the most precious of all natural resources possessed by any State; and
WHEREAS, there is a need for a study of the laws of the State of Georgia relating to water; and

THURSDAY, FEBRUARY 15, 1962

2243

WHEREAS, if not properly supervised, a State's natural water supply may become adulterated to such an extent that the pollution level will rise so as to render impossible the continued use of such water supply for industrial and recreational purposes; and

WHEREAS, it is necessary in order to retain one of our State's most prized assets that some action be taken prior to the pollution level reaching such an alarming extent; and

WHEREAS, the pollution level in Georgia is rising;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legislative committee to be composed of seven members of the House of Repre sentatives to be appointed by the Speaker. The committee shall have power and authority to study the laws of the State of Georgia relating to water, to recommend amendments, repeals, consolidations and other changes in said laws, to study and investigate the enforcement and administration of the present laws of the State of Georgia relating to water, to make said study where necessary and to do such other things as may be necessary to carry out the intent of this Resolution.

BE IT FURTHER RESOLVED that the members of the Com mittee created by this Resolution shall have power and authority to meet for such time as is necessary for carrying out the purposes of this Resolution and the members of the committee shall receive the com pensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Geor gia on or before January 15, 1963 and said committee shall stand abolished as of that date.

HR 728. By Messrs. Bolton of Spalding, Phillips of Bibb, and others:
A RESOLUTION
Requesting the State Auditor of Georgia to furnish certain informa tion to the members of the Georgia House of Representatives of Geor gia; and for other purposes.
WHEREAS, it is essential to the work of the General Assembly of Georgia in considering the salaries, per diem expense allowances and other remuneration paid to State officials by Acts of the General As sembly of Georgia, that members of the General Assembly of Georgia be cognizant of the total amount of remuneration received by them from the State of Georgia, plus any remuneration received from the Government of the United States; and

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JOURNAL OP THE HOUSE,

WHEREAS, these figures are not contained in composite form nor is the remuneration received from the Federal Government included in the annual Auditor's Report made at the end of each fiscal year;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA that the State Auditor be, and he. is hereby requested, to make a committee report available to the members of the House of Representatives as soon as possible after the close of the current fiscal year and before the con vening of the next session of the General Assembly; which report shall contain the following information:
(1) A statement of all salary, per diem, allowances, expense allow ances, subsistence allowances, and any other remuneration whatsoever received from all sources by any State Officer, constitutional or ap pointed, who was named in HB 1132 as passed by the House of Repre sentatives at the 1962 Session of the Georgia General Assembly.
(2) Further, that the State Auditor secure from each of said State Officials a written statement, signed by said State Official, enumerat ing any funds whatsoever, including but not limited to the funds as described above which are received from the State of Georgia, which he receives or is entitled to receive from the Government of the United States, and that such information be included in this report.
(3) Further, that said report include any and all funds to which any officer or official, as defined above, would be entitled to receive, even though said funds have not been drawn by said State Official.
(4) Further, that said report show a projection of the funds re ceived from the State and Federal Government as herein defined, which any State Official would draw or be entitled to draw, exclusive of a mileage allowance only, during the fiscal year from July 1, 1962, through June 30, 1963, under the 1962 Acts of the General Assembly of Georgia.

BE IT FURTHER RESOLVED that this Report be mailed to each member of the House of Representatives and the State Senate of Geor gia as soon as practical after it has been compiled by the State Auditor.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

FRIDAY, FEBRUARY 16, 1962

2245

Representative Hall, Atlanta, Georgia

Friday, February 16, 1962.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day, and was called to order by the Speaker.

The following prayer was offered by Reverend Vernard E. Robertson, Pastor, First Methodist Church, Fort Valley, Georgia:
"God of our Fathers, we pause at the beginning of this last day in this session to thank Thee for Thy guidance and to invoke Thy blessings upon the decisions of this day. We thank Thee for these good men who have served our State so well during these days. Give each one courage to stand for the right, and wisdom to make the right choice in the face of difficult decisions. Deepen our religious understanding, intensify our concern for one another, and guide us always in the path of things eternal.
Bring us to the close of this session with nothing left undone that should be done; with nothing to regret and nothing to make us ashamed, through Jesus Christ, our Lord. Amen."

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

Those answering in the affirmative were Messrs.

Akins Andrews of Stephens Andrews of Hall Arnsdorff Ballard Barber Barrett Baughman Birdsong Black Blalock Boggs Bolton Bowen of Randolph Boyett Bozeman Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton

Brown Budd Busbee Bynum Caldwell Chance Clark of Catoosa Collins Cox Culpepper Da vis Deen Dickey Dollar Dorminy Duncan of Fannin Dunn Echols Fitzgerald Fleming Flexer

Floyd Flynt Fordham Fowler of Douglas Funk Fuqua Hale Hall of Lee Hall of Floyd Harrell Henderson Hill Horton Hull Hurst Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Sumter Jordan

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JOURNAL OP THE HOUSE,

Keadle Kelly Keyton Killian Killingsworth Kimmons King Kirkland Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Melton Miller Mixon Moate Moorman Morgan Morris Mullis

NeSmith Odom Otwell Pannell Paris Parker of Screven Parker of Ware Parker of Appling Farmer Payton Pelham Phillips of Columbia Phillips of Walton Pickard Poole Potts Purcell Rainey Raulerson Rogers of Paulding Ross Rowland Rutland Sangster Scarborough Scoggin Shuman Simmons Sinclair Singer Smith of Grady Smith of Brantley Smith of Habersham

Smith of Whitfield Steis Stevens Story Strickland Stuckey Tabb Taylor of Dawson Teague Thornton Todd Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker of Telfair Ware Watson Wells of Peach Wells of Oconee Wickham Wilkes Williams of Coffee Williams of Hall Willingham Wilson Young

Those not answering were Messrs.:

Abney Adams Barnett of Wilkes Barnett of Baker Bowen of Toombs Chandler Clarke of Monroe Cloer Cocke Coker Conner Crawford Crowe Dicus Doster Duncan of Carroll

Fowler of Treutlen Greene Hodges Howard Johnson Kidd Knight of Laurens Knight of Berrien Loggins McDonald Milhollin Moore Moss Murphy Newton Phillips of Bibb

Roberts Rodgers of Charlton Roper Sheffield Simpson Smith of Fulton Tamplin Taylor of Decatur Taylor of Bibb Walker Wells of Camden White Woodward Mr. Speaker

FRIDAY, FEBRUARY 16, 1962

2247

Mr. McClelland of Fulton asked unanimous consent that the House recon sider its action in failing to pass the following Bill of the Senate:

SB 221. By Senator Staples of the 37th:
A Bill to be entitled an Act to provide for the manner of selecting judges emeritus; and for other purposes.
The consent was granted and the House reconsidered its action in failing to pass SB 221.

Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Friday, February 16, 1962, and submits the following:
1. SB 53. Juvenile Courts, amend 2. SB 85. Amendments to Constitution, publication

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JOURNAL OF THE HOUSE,

3. SR 132. County officials, no change during term 4. SB 139. Game and Fish Commission, amend 5. SB 224. Use of baskets, limit 6. SB 225. Rewards for cattle thieves 7. SB 282. State Board of Corrections, amend 8. SB 283. Urban Redevelopment Law, amend 9. SB 36. Separate estate of wife -- (reconsidered) 10. SB 210. Executive Committee, ineligible to be candidate

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Twitty of Mitchell, Vice-Chairman,
Undercofler of Sumter, Secretary.

By unanimous consent, the following Resolution of the House was read the second time:

HR 718-1283. By Mr. Howard of DeKalb: A Resolution proposing an amendment to the Constitution so as to pro vide that there shall be a State Solicitor General of this State; and for other purposes.
Mr. Fowler of Douglas County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 271. Do Not Pass.
Respectfully submitted,
Fowler of Douglas, Chairman.

FRIDAY, FEBRUARY 16, 1962

2249

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 281. Do Pass. SB 274. Do Pass. SB 275. Do Pass.
Respectfully submitted,
Underwood of Montgomery, Chairman.

Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 289. Do Pass, by Substitute.
Respectfully submitted,
Underwood of Montgomery, Chairman.
Mr. Underwood of Montgomery County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 190. Do Pass. SB 184. Do Pass.
Respectfully submitted, Underwood of Montgomery, Chairman.

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JOURNAL OP THE HOUSE,

Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 728. Do Pass. SR 165. Do Pass. HR 721. Do Pass, as Amended.

Respectfully submitted,
Undercofler of Sumter, Vice-Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Bills and Resolutions of the House to-wit:

HB 467. By Mr. Barber of Jackson:
A Bill to amend an Act relating to the custody of children in connection with the granting of divorces; and for other purposes.

HB 495. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to prohibit strikes by public employees; to define "strikes" and "public employee"; to prohibit any person inciting or influencing a public employee to strike; to prescribe consequences and penalty for such viola tion; to prohibit recognition of labor organizations by public officials; and for other purposes.

HB 948. By Messrs. Thornton of Bibb and Hale of Dade:
A Bill to amend an Act providing that the Courts of Inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement; and for other pur poses.

FRIDAY, FEBRUARY 16, 1962

2251

HR 431-909. By Mr. Jones of Liberty:
A Resolution authorizing the conveyance of certain land in Liberty County; and for other purposes.

HB 341. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to amend an Act known as the Aid to the Disabled Act, to provide for a physical examination of applicant for assistance under this Act; and for other purposes.

HB 389. By Mr. Barber of Jackson:
A Bill to validate and declare legal the creation and establishment of housing authorities, all bonds, contracts, agreements, notes, obligations and undertakings of said housing authorities and all proceedings, acts and things heretofor undertaken, performed or done with reference thereto, to declare said housing authorities bodies corporate and politic; and for other purposes.
The Senate has agreed to the House substitute, by substitute, to the following Bill of the Senate:
SB 41. By Senators Whisnant of the 25th, Jackson of the 24th, and others:
A Bill to amend an Act authorizing the chartering of corporations, so as to provide the procedure to be followed in preparing instruments which convey an interest in real property by corporations within this State; and for other purposes.
The Senate has disagreed to the House substitute to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:

SB 199. By Senator Overby of the 33rd: A Bill to amend Section 29-301 of the Code relating to covenants run ning with the land, as amended, so as to provide that covenants restrict ing lands to certain uses shall not run more than twenty (20) years in counties and municipalities which have a Planning Commission or Plan ning Laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators Lambert of the 28th, Overby of the 33rd and Knox of the 54th.
The Senate has agreed to the House amendments to the following Bills of the Senate:
SB 56. By Senator Sanders of the 18th, and Gardner of the 47th: A Bill to amend an Act revising the laws of Georgia relating to dis-

2252

JOURNAL OP THE HOUSE,

covery, dispositions and interrogatories approved March 25, 1959 (Ga. Laws 1959, Vol. 1, p. 425), so as to define the method of service of notices, orders, subpoenas and other papers; and for other purposes.

SB 179. By Senator McWhorter of the 50th:
A Bill to amend Code Section 92-4611, relating to the duties of Tax Receivers, so as to provide that the Tax Receiver need not make rounds for the purpose of receiving tax returns to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following Resolution of the Senate:

SR 150. By Senators Ayers of the 31st, Harrington of the 20th, and others:
A Resolution creating a Committee to study the Health Code; and for other purposes.
The Senate has passed, as amended by the requisite constitutional majority, the following Bills of the House to-wit:

HB 154. By Messrs. McClelland and Brooks of Fulton:
A Bill to provide for appeals in civil cases without the necessity of moving for a new trial; and for other purposes.
The Senate has passed, as amended by the requisite constitutional majority, the following Bills of the House to-wit:

HB 949. By Messrs. Thornton of Bibb and Hale of Dade: A Bill to amend an Act relating to the prisoner's statement in criminal trials and the procedure connected therewith, so as to permit the accused to testify; and for other purposes.
HB 959. By Mr. Blalock of Clayton: A Bill to amend an Act relating to the "Motor Fuel Tax Law", by redefining the terms upon which the present tax of 1 per cent per gallon shall be levied upon kerosene, and by providing that such tax shall be allowed as a credit when such kerosene is subsequently sold as a motor fuel; and for other purposes.
HB 1129. By Messrs. Pannell of Murray, Moss of Calhoun, and others: A Bill to repeal certain laws and parts of laws relating to the Cherokee Indians; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2253

The Senate has passed, by the requisite constitutional majority, the following Bills and Resolutions of the House to-wit:

HB 809. By Messrs. Singer of Stewart, Hurst of Quitman, and others:
A Bill to amend an Act known as the General Appropriations Act, so as to amend the appropriations to the Department of Commerce; and for other purposes.

HB 1017. By Messrs. Brooks of Fulton and McCracken of Jefferson:
A Bill to provide that the manufacturer of any new personal property sold either directly to the ultimate consumer, or sold through a dealer, or some other person, shall be deemed to impart certain implied warran ties to said ultimate consumer; and for other purposes.

HB 1034. By Mr. McCracken of Jefferson: A Bill to amend an Act relating to the authority of county boards of education over school property and facilities so as to provide that county boards may transfer school sites located in municipalities under certain circumstances; and for other purposes.
HB 1052. By Messrs. Kirkland of Tattnall, Morgan of Gwinnett, and others: A Bill to provide for certain changes in the additions to the provisions of the Employees' Retirement System of Georgia; and for other pur poses.
HR 628-1182. By Mr. Barber of Jackson: A Resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section II, Paragraph II, of the Constitu tion of the State of Georgia of 1945, so as to extend the power of taxa tion over the whole State exercised by the General Assembly to include a tax for school lunch purposes; and for other purposes.
HB 735. By Mr. Echols of Upson: A Bill to amend an Act known as "The General Tax Act", so as to remove the provisions as to tax upon dealers in rifles and centerfire rifle cartridges; and for other purposes.
HB 808. By Messrs. Twitty of Mitchell and Smith of Emanuel: A Bill to amend the contingent section of the General Appropriations Act, so as to provide an appropriation for the Ty Cobb Baseball Me morial Commission; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 863. By Messrs. Bowen of Toombs, Kirkland of Tattnall, and others:
A Bill to amend an Act revising the State Game and Fish Laws, so as to place limitations upon the use of baskets for the taking of rough fish; and for other purposes.

HB 869. By Mr. Raulerson of Echols:
A Bill to amend an Act relating to weights and measures, so as to provide that it shall be lawful to sell corn and other grains on a one hundred weight basis; and for other purposes.

HB 885. By Messrs. Bowen of Toombs, Arnsdorff of Effingham, and others:
A Bill to amend an Act establishing standards for weights and meas ures, so as to provide for the standardization of moisture testing equip ment; and for other purposes.

HB 986. By Messrs. Newton of Colquitt, Farmer of Heard, and others:
A Bill to amend an Act known as the Georgia Fertilizer Act, so as to define "lot" as applied in determining plant nutrient deficiency and penalties; and for other purposes.

HB 754. By Messrs. Duncan and Waldrop of Carroll:
A Bill to amend an Act relating to the grounds that are sufficient to authorize the granting of a total divorce, so as to change the time an insane person shall be confined to an institution immediately preceding the commencement of a divorce action; and for other purposes.
By unanimous consent the following Bills of the Senate were taken up for consideration and read the third time:

SB 129. By Senator Brown of the 52nd: A Bill to be entitled an Act to amend an Act so as to provide for the election of the members of the Board of Commissioners of Roads and Revenues for Fulton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays, 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 16, 1962

2255

SB 286. By Senator Ingram of the 42nd:
A Bill to be entitled an Act to amend an Act so as to change the name of the Town of White to the City of White; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, as amended, the ayes were 110, nays, 0.

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

SB 287. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act so as to exclude certain property from the incorporated limits of the City of Braselton; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 288. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act so as to exclude certain property owned by the Jackson County Board of Education from the city limits of the City of Hoschton; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

2256

JOURNAL OP THE HOUSE,

SB 289. By Senator Harden of the 27th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Board of Commissioners of Roads and Revenues of Jackson County; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, particularly by an Act approved August 28, 1931 (Ga. Laws 1931, p. 487), and an Act approved February 2, 1945 (Ga. Laws 1945, p. 552), so as to provide for a change in the compensation paid to the Commissioner other than the Chairman; to provide for a change in the compensation paid to the Chairman of the Board; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, particularly by an Act approved August 28, 1931 (Ga. Laws 1931, p. 487), and an Act approved February 2, 1945 (Ga. Laws 1945, p. 552), is hereby amended by striking Section 8 of said Act in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Be it further enacted by the authority aforesaid that beginning April 1, 1962 the members of the Board of Commis sioners of Roads and Revenues of Jackson County, Georgia, other than the Chairman of said Board, shall each receive a total salary of forty ($40.00) dollars per month and each shall be reimbursed at the rate of ten cents per mile for each mile driven in his private car while rendering services to the County; under rules to be pre scribed and adopted by said Board, said mileage shall be certified to the Chairman of the Board on a proper form and said reimburse ment shall not exceed ten ($10.00) dollars per month.
"Beginning April 1, 1962, the Chairman of the Board of Com missioners of Roads and Revenues of Jackson County, Georgia shall receive in addition to the present monthly salary an amount equal to $33.34 per month provided, however, that the salary be no more nor any less than $200.00 per month for full-time services.
"Beginning April 1, 1963 the Chairman shall be compensated an additional amount of $150.00 per month as salary for fulltime service.

FRIDAY, FEBRUARY 16, 1962

2257

"The salaries of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, and the reimbursement for mileage to the members shall be paid out of the treasury of Jackson County by the Commissioners of Roads and Revenues of Jackson County. The Board of Commissioners shall submit through their Chairman to the Grand Jury of the County, at the Spring term of the Superior Court in each year, a statement in writing of all matters relating to the financial condition of the County, its roads, bridges, public buildings and paupers, with such suggestions in regard to County affairs as they may deem proper. Said Board shall make all repairs of public buildings without recom mendation of the Grand Jury. The record of the proceedings of the Board shall be open at all times to the inspection of any citizen of the County. Each outgoing Board shall turn over at the expiration of their term of office all records, books, papers and other property of the County to their successors in office."

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 110, nays 0.

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

SB 184. By Senators Brown of the 52nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 190. By Senators Brown of the 62nd and McWhorter of the 34th:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes.

2258

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 274. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act so as to extend the city limits of the City of Hapeville; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 275. By Senator Brown of the 52nd:
A Bill to be entitled an Act to amend an Act authorizing emeritus offices for department heads in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 281. By Senator Brown of the 52nd: A Bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Eoswell; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 16, 1962

2259

On the passage of the Bill, the ayes were 110, nays 0.

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

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 1141. By Messrs. Smith and Boyett of Whitfield:
A Bill to be entitled an Act to amend an Act so as to provide the Mayor and Council of the City of Dalton with full power and direction-control over all streets; and for other purposes.
The following Senate amendment was read:
Senator Mitchell of the 43rd moves to amend HB 1141 by striking Section 1 thereof in its entirety and substituting a new Section 1 to read as follows:
"SECTION 1
An Act consolidating, amending and codifying the various Acts incorporating the City of Dalton approved February 24, 1874 (Ga. Laws 1874, p. 181), as amended, particularly by an Act approved February 26, 1959 (Ga. Laws 1959, p. 2065), an Act approved January 27, 1960 (Ga. Laws 1960, p. 2017), an Act approved February 15, 1960 (Ga. Laws 1960, p. 2091), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 2917), is hereby amended by insert ing immediately after Section VI a Section to be numbered Section VIA. which shall read as follows:
'Section VIA. Be it further enacted, Said Mayor and Council shall have full power and direction-control over all streets, alleys, side-walks, and street crossings and shall direct the mode, manner and style in which they shall be opened, constructed, maintained, or closed, and if closed, to whom such property may be sold; provided, however, that the owner or owners of property abutting that portion of the street, alley, side-walk or street crossing so closed shall have first right and option to purchase said property, to the exclusion of any and all other persons or corporations, at any time within ninety (90) days from the date of said closing. Conveyances by said city pursuant to the provisions hereof shall vest in the re spective grantees full fee simple title, unencumbered by any rights of the public for use for street purposes to the property conveyed except as to any existing easement for utility installations and main tenance. The consideration flowing to the city for any conveyance by the city pursuant hereto shall be either monetary, by exchange of property, or by donation between the city and the respective grantees.' "

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JOURNAL OF THE HOUSE,

Mr. Boyett of Whitfield moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 104, nays 0.

The Senate amendment to HB 1141 was agreed to.

HB 1072. By Mr. Dickey of Chatham:
A Bill to be entitled an Act to provide for the establishment of fire protection districts in Chatham County; and for other purposes.

The following Senate amendment was read:
Senator Grayson of the 1st moves to amend HB 1072:
By striking Section V of said Bill and inserting in lieu thereof a new section to be known as Section V and to read as follows:
"Section V: The governing authorities of Chatham County in the event any such fire district is created and a tax of five (5) mills is levied on the property therein, shall establish under county authority the necessary fire equipment and personnel to protect property in said fire district and shall locate such equipment and personnel within the limits of any such fire district. The county authorities are authorized and directed to purchase at a fair and reasonable price fixed by competent appraisal any fire protection equipment previously purchased by residents of any such district which fire equipment is reasonably fitted for proper and efficient use in rendering fire protection throughout any such district. The proceeds of any such purchase to be divided pro rata among the residents participating in the original purchase of any fire fighting equipment."

Mr. Dickey of Chatham moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 104, nays 0.

The Senate amendment to HB 1072 was agreed to.

FRIDAY, FEBRUARY 16, 1962

2261

HB 896. By Mr. Arnsdorff of Effingham: A Bill to be entitled an Act to amend an Act relating to fishing on the Sabbath so as to except certain counties; and for other purposes.

The following Senate substitute was read:
A BILL
TO BE ENTITLED
An Act to amend an Act reating to fishing on the Sabbath, approved March 16, 1961 (Ga. Laws 1961, p. 157), so as to except certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to fishing on the Sabbath, approved March 16, 1961 (Ga. Laws 1961, p. 157), is hereby amended by striking Section 1A in its entirety and inserting in lieu thereof a new Section 1A to read as follows:
"Section 1A. This Act shall not become effective in and shall not apply to any counties in this State having a population of not less than 6,515 nor more than 6,650 according to the United States Census of 1960 or any future such census. This Act shall not become effective in and shall not apply to any counties in this State having a population of not less than 10,140 and not more than 10,150 according to the United States Census of 1960 or any future such census. This Act shall not become effective in and shall not apply to any counties in this State having a population of not less than 500 nor more than 2,000 according to the United States Census of 1960 or any future such census."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Arnsdorff of Effingham moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 104, nays 0.
The Senate substitute to HB 896 was agreed to.
Under the General Order of Business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

SB 53. By Senators Sanders of the 18th and Mitchell of the 43rd:
A Bill to be entitled an Act to amend an Act so as to provide that in certain counties the Clerk of the Superior Court shall act as the Clerk of the Juvenile Court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 225. By Senator Hart of the 53rd:
A Bill to be entitled an Act to amend Code Section 27-101 so as to pro vide rewards for the apprehension of cattle thieves; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

SB 139. By Senator Johnson of the 46th:
A Bill to be entitled an Act to amend an Act so as to change the fees for resident licenses for hunting and fishing; and for other purposes.

Mr. Baughman of Early moved that further consideration of this Bill be postponed indefinitely.
The motion prevailed, and further consideration of SB 139 was postponed indefinitely.
SB 283. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend an Act so as to provide that munici-

FRIDAY, FEBRUARY 16, 1962

2263

palities may exchange land owned in Urban Redevelopment Areas for certain land owned by certain organizations; and for other purposes.

The following amendment was read and adopted:
Mr. Bolton of Spalding moves to amend SB 283, as follows:
By adding after the words "owned by any" in the title thereof, the words "post, barracks, encampment, chapter, subsidiary or any other division or unit of any".
Said Act is further amended by adding after the words "owned by any" in Section 1 thereof the following words: "post, barracks, encamp ment, chapter, subsidiary or any other division or unit of any".

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, as amended, the ayes were 113, nays 0.

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

SB 210. By Senators Peterson of the 15th, Newton of the 17th, and others:
A Bill to be entitled an Act to provide that any members of a county political party executive committee who participates as such in holding a political party primary election shall be ineligible to be a candidate for nomination to any office therein; and for other purposes.

The following amendment was read and adopted:
Mr. McCutchen of Gilmer moves to amend SB 210 by striking the words "arranging or" which appears in line two of Section 1.

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, as amended, the roll call was ordered and the vote was as follows:

2264

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney Adams Arnsdorff Ballard Barber Barnett of Wilkes Baughman Black Blalock Boggs Bowen of Randolph
Boyett Bozeman Branch Brantley Brooks of Fulton Brown Budd Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe
Cloer Collins Cox Culpepper Davis Deen Dickey Dollar Duncan of Fannin Dunn Echols Flynt Fordham Fowler of Douglas Funk Greene Hall of Lee Hall of Floyd Harrell

Henderson Horton Joiner Jones of Worth Jones of Lumpkin Jones of Sumter Keadle Keyton Kidd Killian Kimmons Kirkland Knight of Laurens Knight of Berrien Lane Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Lokey Lovett Lowrey Mackay Massee Matthews of Clarke Matthews of Colquitt McClelland McCracken McCutchen McGarity Milhollin Miller Mixon Morgan Morris Moss Mullis Murphy Newton Odom Otwell Pannell Paris

Parker of Screven Parker of Ware Parker of Appling Farmer Phillips of Walton Phillips of Bibb Potts Purcell Raulerson Rodgers of Charlton Rogers of Paulding Roper Ross Rowland Scarborough Scoggin Shuman Sinclair Smith of Grady Smith of Habersham Stevens Story Strickland Tamplin Taylor of Bibb Teague Thornton Tucker Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Ware Wells of Peach Wells of Oconee Wickham Williams of Coffee Willingham Wilson Woodward Young

Those voting in the negative were Messrs.:

Andrews of Hall Tabb

Todd Williams of Hall

FRIDAY, FEBRUARY 16, 1962

2265

Those not voting were Messrs.:

Akins
Andrews of Stephens Barnett of Baker Barrett Birdsong Bolton Bowen of Toombs Brackin Brooks of Oglethorpe Cocke Coker Conner Crawford Crowe Dicus Dorminy Doster Duncan of Carroll Fitzgerald Fleming F lexer Floyd Fowler of Treutlen Fuqua

Hale Hill Hodges Howard Hull Hurst Johnson Jones of Liberty Jordan Kelly Killingsworth King Loggins McDonald Melton Moate Moore Moorman NeSmith Payton Pelham Phillips of Columbia Pickard Poole

Rainey Roberts Rutland Sangster Sheffield Simmons Simpson Singer Smith of Brantley Smith of Fulton Smith of Whitfield Steis Stuckey Taylor of Dawson Taylor of Decatur Vaughn Waldrop
Walker of Lowndes Walker of Telfair Watson Wells of Camden White Wilkes Mr. Speaker

On the passage of the Bill, as amended, the ayes were 129, nays 4.

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

SB 282. By Senators Bell of the 10th, Dykes of the 14th, and others:
A Bill to be entitled an Act to amend an Act so as to increase the salary of the Director of Corrections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Brooks of Fulton requested that the Journal show him as having voted "Nay" on the passage of SB 282.

2266

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 959. By Mr. Blalock of Clayton:
A Bill to be entitled an Act to amend the Motor Fuel Tax Law by redefining the terms upon which the present tax of one cent per gallon shall be levied upon kerosene; and for other purposes.

The following Senate amendment was read:
Senator Johnson of the 46th moves to amend HB 959 so as to exclude kerosene oil used for heating and/or curing purposes.

Mr. Blalock of Clayton moved that the House disagree to the Senate amend ment, and the motion prevailed.

The House disagreed to the Senate amendment to HB 959.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the following Bill of the Senate:
SB 199. By Senator Overby of the 33rd: A Bill to be entitled an Act to amend an Act relating to covenants running with the land; and for other purposes.

Mr. Hale of Dade moved that the House insist on its position in amending the Bill and that a Committee of Conference be appointed to confer with a like Committee on the part of the Senate.

The motion prevailed, and the Speaker appointed as a Committee of Con ference on the part of the House, the following members:
Messrs. Hale of Dade, Andrews of Hall and Steis of Harris.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

FRIDAY, FEBRUARY 16, 1962

2267

Mr. Speaker:

The Senate has rejected the report of the Conference Committee on the following Bill of the House:

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens, and Cox of Clarke:
A Bill to amend an Act, so as to provide for final settlements of doubtful and disputed claims, subject to approval of the State Board of Workmen's Compensation; to define further "injury" and "Personal injury"; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens, and Cox of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide for final settlements of disputed claims subject to approval of the State Board of Workmen's Compensation; and for other purposes.

The following report of the Committee of Conference was read:
Mr. Speaker:
CONFERENCE COMMITTEE REPORT
ON HB 228
The Committee recommends that the House recede from its position on Amendment No. 1 by Senator Conger of the 8th and that said amend ment be adopted.
The Committee recommends that both the House and Senate recede from their positions on Amendment No. 2 by Senator Mitchell of the 43rd and that said amendment not be adopted, but that the following amend ment be adopted. "Section 8 of said Bill is hereby stricken in its entirety and the following Section 8 is hereby inserted in lieu thereof.
"Section 8. Georgia Code Section 114-403 is stricken and a new Section is enacted in lieu thereof, so that Code Section 114-403, as amended shall be as follows:
"114-403. Subrogation.--Whenever any person is called upon to pay compensation, medical expenses and/or funeral expenses on account of injury or death compensable under this Act, and such person contends that a person or persons other than ths employer is liable to pay damages, on account of such injury or death, to the

2268

JOURNAL OF THE HOUSE,

injured employee or those entitled to recover for the employee's death, such person called upon to make such payment may give written notice to the persons contended to be so liable and to the injured employee or those entitled to recover on account of his death of such contention and of the fact that the person giving notice is required to make such payment. Upon giving such written notice, the person called upon to make such payment shall be subrogated, to the extent of the compensation, medical expenses and/or funeral expenses payable, to all rights arising out of the injury or death which the injured employee or those entitled to recover on account of his death shall have against any recovery made by the injured employee or by those entitled to recover on account of the employee's death against any of the persons so notified.

"After such notice shall have been given, no settlement, release, covenant not to sue, or other agreement between any of the persons so notified shall be effective to prejudice the right of the person giving notice to bring an action in the name of the person giving notice or in the name of the person or persons entitled to receive compensation against any of the other persons so notified to recover the amount of compensation, medical payments, and/or funeral expenses payable on account of such injury or death unless such agreement includes as a party thereto the person giving such notice. The payment by any person so notified of any sum to the injured employee or to those entitled to recover on account of his death in compromise or settlement of such person's liability on account of such injury or death without the agreement of the person giving such notice shall raise a presumption that the person making such payment is liable to the person called upon to pay compensation, medical expenses or funeral expenses to the extent of such com pensation, medical expenses or funeral expenses.

"If such person called upon to pay such compensation or ex penses gives the notice referred to herein within 20 days after the occurrence of the incident causing the injury or death, then the same shall be effective as of the time of the occurrence of such incident, as though given immediately after such occurrence.
"In any action brought by the injured employee or those en titled to recover on account of his death against the person or per sons so notified, the person giving such notice shall have the right to intervene, set up the fact of its liability to pay compensation, medical expenses and/or funeral expenses, the extent of such liability and the fact of giving such notice, and such intervention shall be effective to prevent dismissal of such action without the consent of such intervenor.
"In any section brought by the injured employee or those en titled to recover on account of his death, the lien of his attorney upon any judgment or settlement recovered for his reasonable fee shall not be affected by any of the rights herein granted to those called upon to pay compensation or expenses.

FRIDAY, FEBRUARY 16, 1962

2269

"If the injured employee or those entitled to recover on account of the death of such employee do not commence an action against the person or persons so notified within twenty-two (22) months after the cause of action arises, the person who has given the notice shall be entitled to commence an action in such person's own name against any or all persons so notified to recover to the extent of the compensation, medical expenses and/or expense payable by the person giving such notice, the rights and liabilities of the parties to such an action to be determined by the laws which would have been applicable had the plaintiff been the injured employee or those entitled to recover on account of his death. If, subsequent to the commencement of such action, the injured employee or those entitled to recover on account of his death shall validly commence an action on account of such injury or death against those theretofore sued by the party giving such notice, then either party in the subsequent action may require the dismissal of the previous action and require the party who has given notice to intervene in such subsequent action.

"To the extent that the party giving notice acquires an interest hereunder in a personal injury claim, the assignment of such claim or cause of action shall be allowed under the terms of this Act."

Respectfully submitted: Twitty of Mitchell, Cox of Clarke, McCutchen of Gilmer, Jackson of 24th District, Knox of 54th District, Lambert of 28th District.

Mr. Twitty of Mitchell moved that the House disagree to the report of the Committee of Conference and that a second Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.

On the motion to disagree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Arnsdorff Barber Barrett Birdsong

Black Blalock Branch Brown Caldwell

Chance Collins Cox Crawford Davis

2270

JOURNAL OF THE HOUSE,

Been Dickey Dicus Duncan of Fannin
Echols Fowler of Douglas Funk Hall of Lee Hall of Floyd Hill Horton Joiner Jones of Liberty Jones of Worth Jones of Sumter Jordan Kelly Knight of Laurens

Knight of Berrien Langford Lokey Lowrey Matthews of Clarke Matthews of Colquitt McCutchen Melton Milhollin Morgan Morris Pannell Farmer Purcell Raulerson Rowland Rutland Scoggin

Sheffield Simmons Sinclair Smith of Grady Steis Story Tabb Taylor of Bibb Twitty Walker of Telfair Ware Watson Wells of Peach Wickham Williams of Coffee Williams of Hall Willingham

Those voting in the negative were Messrs.:

Akins Andrews of Hall Ballard Barnett of Wilkes Bowen of Randolph Brooks of Fulton
Budd Bynum Chandler Clark of Catoosa Clarke of Monroe Cloer Culpepper Dollar Doster Dunn Greene

Harrell Keadle Keyton Lae of Clinch Lewis of Wilkinson Loggins Massee McClelland McGarity Mixon Moorman Moss Murphy Odom Otwell Paris Parker of Appling

Payton Phillips of Bibb Poole Potts Rainey Rogers of Paulding Ross Shuman Simpson Stevens Tamplin Thornton Tucker Vaughn Wells of Oconee Woodward Young

Thos3 not voting were Messrs.:

Adams Andrews of Stephens Barnett of Baker Baughman Boggs Bolton Bowen of Toombs Boyett Bozeman Brackin Brantley Brooks of Oglethorpe

Busbee Cocke Coker Conner Crowe Dorminy Duncan of Carroll
Fitzgerald Fleming Flexer Floyd Flvnt

Fordham Fowler of Treutlen Fuqua Hale Henderson Hodges Howard Hull Hurst Johnson Jones of Lumpkin Kidd

FRIDAY, FEBRUARY 16, 1962

2271

Killian Killingsworth Kimmons King Kirkland Lane Lee of Clayton Lewis of Burke Lovett Mackay McCracken McDonald Miller Moate Moore Mullis NeSmith

Newton Parker of Screven Parker of Ware Pelham Phillips of Columbia Phillips of Walton Pickard Roberts Rodgers of Charlton Roper Sangster Scarborough Singer Smith of Brantley Smith of Fulton Smith of Habersham Smith of Whitfield

Strickland Stuckey Taylor of Dawson Taylor of Decatur Teague Todd Undercofler Underwood of
Montgomery Underwood of Taylor Waldrop Walker of Lowndes Wells of Camden White Wilkes Wilson Mr. Speaker

On the motion to disagree, the ayes were 68, nays 51.

The motion prevailed, and the Speaker appointed as a second Committee of Conference on HB 228, the following members of the House:

Messrs. Twitty of Mitchell, Cox of Clarke and McCutchen of Gilmer.

Mr. Mackay of DeKalb requested that the Journal show him as having voted "Aye" on the immediately preceding motion.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 1129. By Messrs. Pannell of Murray, Moss of Calhoun, and others:
A Bill to be entitled an Act to repeal certain laws relating to the Cherokee Indians; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Government Operations moves to amend HB 1129 by striking the period at the end of Section 7 and adding the words ", is hereby repealed."
Mr. Pannell of Murray moved that the House agree to the Senate amend ment.

2272

JOURNAL OP THE HOUSE,

On the motion to agree, the ayes were 108, nays 0.

The Senate amendment to HB 1129 was agreed to.

HB 949. By Messrs. Thornton of Bibb and Hale of Dade:
A Bill to be entitled an Act to amend an Act so as to permit the accused to testify in criminal trials; and for other purposes.

The following Senate amendment was read:
Senator Dews of the 9th moves to amend HB 949 by striking the question mark after "the" by the word "failure" in Section 1 and at the end of the amended Code Section 38-415 and adding thereto the following:
"Provided, however, in the event the defendant elects to be sworn and examined, he shall not lose his right to open and conclude the argument to the jury, if he has not introduced other evidence in the trial."

Mr. Thornton of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 109, nays 0.
The Senate amendment to HB 949 was agreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee on Conference be appointed:
HB 126. By Messrs. Hall of Floyd and Matthews of Clarke: A Bill to amend an Act known as the Minimum Foundation Program for Education, so as to provide for the manner in which certain funds shall be expended; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators McWhorter of the 50th, Sanders of the 18th and Knox of the 54th.

FRIDAY, FEBRUARY 16, 1962

2273

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 126. By Messrs. Hall of Floyd and Matthews of Clarke:

A Bill to be entitled an Act to amend the Minimum Foundation Program for Education Act; and for other purposes.

Mr. Twitty of Mitchell moved that the House insist on its position in dis agreeing to the Senate amendment and that a Committee of Conference on the part of the House be appointed to confer with a like Committee on the part of the Senate,

The motion prevailed, and the Speaker appointed as a Committee on Confer ence on the part of the House, the following members:

Messrs. Twitty of Mitchell, Hall of Floyd and Keyton of Thomas.

Under the General Order of Business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 36. By Senators Lambert of the 28th and Towson of the 16th:
A Bill to be entitled an Act to amend Code Section 53-503 so as to strike the provisions prohibiting a wife from binding her separate estate by a contract of suretyship or any assumption of the debts of her husband; and for other purposes.

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

Those voting in the affirmative were Messrs.:

Abney Arnsdorff Ballard Barber Birdsong Black Bolton

Brown Chance Clarke of Monroe Conner Cox Crawford Crowe

Deen Dicus Dollar Fordham Fowler of Douglas Greene Hale

2274

JOURNAL OF THE HOUSE,

Hall of Lee Hill Howard Joiner Jones of Liberty Jones of Lumpkin Killian Kirkland Knight of Berrien Loggins Massee Matthews of Clarke Matthews of Colquitt McCutchen Milhollin Moorman

Moss Newton Pannell Paris Parker of Appling Farmer Phillips of Columbia Phillips of Walton Pickard Rogers of Paulding Roper Rowland Rutland Sangster Scoggin Sheffield

Simpson Sinclair Singer Smith of Grady Smith of Fulton Stevens Tabb Tamplin Taylor of Bibb Thornton Todd Vaughn Wilkes Williams of Coffee Willingham Wilson

Those voting in the negative were Messrs.:

Adams Akins Andrews of Hall Baughman Boggs Bowen of Randolph Boyett Bozeman Brackin
Budd Busbee Bynum Caldwell Chandler
Cloer Collins Culpepper Davis
Dickey Doster Duncan of Fannin
Dunn Echols Fleming Funk Harrell

Hull Jones of Worth Jones of Sumter Jordan Keadle Keyton Kidd Kimmons Knight of Laurens Lane Langford Lee of Clinch Lewis of Wilkinson Lewis of Burke Lovett Lowrey McGarity Miller Mixon Morgan Morris Mullis Murphy Odom Otwell Parker of Ware

Payton Poole Purcell Rainey Raulerson Rodgers of Charlton Ross Scarborough Shuman Simmons Smith of Whitfield Story Stuckey Taylor of Dawson Tucker Undercofler Underwood of
Montgomery Underwood of Taylor Walker of Telfair Watson Wells of Peach Wells of Oconee Williams of Hall Woodward Young

Those not voting were Messrs.:

Andrews of Stephens Barnett of Wilkes Barnett of Baker Barrett Blalock

Bowen of Toombs Branch Brantley Brooks of Oglethorpe
Brooks of Fulton

Clark of Catoosa Cocke Coker Dorminy Duncan of Carroll

FRIDAY, FEBRUARY 16, 1962

2275

Fitzgerald Flexer Floyd Flynt Fowler of Treutlen Fuqua Hall of Floyd Henderson Hodges Horton Hurst Johnson
Kelly Killingsworth King

Lee of Clayton Lokey Mackay McClelland McCracken McDonald Melton Moate Moore NeSmith Parker of Screven Pelham
Phillips of Bibb Potts Roberts

Smith of Brantley Smith of Habersham Steis Strickland Taylor of Decatur Teague Twitty Waldrop Walker of Lowndes Ware Wells of Camden White Wickham Mr. Speaker

On the passage of the Bill, the ayes were 69, nays 77.

The Bill, having failed to receive the requisite constitutional majority, was lost.

SB 85. By Senator Sanders of the 18th:
A Bill to be entitled an Act to repeal an Act relating to the method of providing for the publication of proposed amendments to the Constitu tion; and for other purposes.

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

On the passage of the Bill, the ayes were 109, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:
HB 358. By Mr. Story of Gwinnett: A Bill to be entitled an Act to amend an Act relating to the delivery of worthless checks; and for other purposes.
The following report of the Committee on Conference was read:

2276

JOURNAL OP THE HOUSE,

Mr. President:

CONFERENCE COMMITTEE REPORT ON HB 358

The Committee recommends that both the House and Senate recede
from their positions on the Senate amendment and that the attached substitute Bill be adopted.

Respectfully submitted: Busbee of Dougherty, Chairman Gardner of the 47th

Persons of the 22nd McKenzie of the 13th Murphy of Haralson Story of Gwinnett

A BILL
TO BE ENTITLED
An Act to amend Georgia Code Section 13-9933, as amended, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, which prescribes the punishment therefor, and which provides certain presumptions as to intent, so as to enact a new Section 13-9933 which will prohibit the obtaining of money, goods, or other property of value, or the payment of any obligation for wages, salary, by means of making, drawing, uttering, or delivering a worthless check, draft, or order for the payment of money; to provide the punish ment for violation of this Act; to provide certain rules of evidence and presumptions in prosecutions hereunder; to provide certain rules of evi dence and presumptions in civil actions arising out of arrest or prose cution hereunder; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 13-9933, as amended, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, which prescribes the punishment thereof, and which provides certain presumptions as to intent, is hereby amended by striking said : Section 13-9933 in its entirety and substituting in lieu thereof a new Section 13-9933 which shall read as follows:
"Section 13-9933--(a) Any person, who with intent to defraud, shall obtain any money, goods, or other property of value, or who

FRIDAY, FEBRUARY 16, 1962

2277

shall pay any obligation for wages or salary, by making, drawing, uttering, or delivering any check, draft, or order for the payment of money on any bank or other depository, knowing at the time of such making, drawing, uttering, or delivery that the maker of such check, draft, or order has either no funds or insufficient funds on deposit in or credit with such bank or other depository with which such check, draft, or order and all other cheeks, drafts, or orders upon such funds or credit then outstanding, may be paid in full on presentation, or who, after having made, drawn, uttered, or delivered any such check, draft, or order, shall withdraw or cause to be with drawn, the funds or credit or any part thereof, to the credit of the maker of such check, draft, or order, knowing at the time of such withdrawal that insufficient funds or credit have been left with such bank or other depository to pay such check, draft, or order, and all other checks, drafts, or orders upon such funds or credit then outstanding in full on presentation, shall be guilty of a mis demeanor, and, upon conviction thereof, shall be punished as pre scribed by Code Section 13-9937. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such checks, drafts or orders then outstanding.

(b) In any prosecution for the violation of this section, proof of the drawing, uttering, or delivery of such a check, draft, or order, payment of which is refused by the bank or other depository on which drawn because of either no funds or insufficient funds to the credit of the maker of such instruments, or credit available to the maker, shall be prima facie evidence of such maker's knowledge of no funds or insufficient funds or credit in such bank or other depository.

(c) If payment of any check, draft, or order for the payment of money, be refused by the bank or other depository upon which such instrument is drawn, and the person who made, drew, uttered, or delivered such instrument, be arrested or prosecuted under the provisions of this Section, the one who arrested, or caused such person to be arrested and prosecuted, or either, shall be conclu sively deemed to have acted with reasonable or probable cause in bringing about such arrest or prosecution, in any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where payment of the instrument was refused, and after said refusal mailed writ ten notice to such maker informing him that payment of such check, draft, or order has been refused, and then waited ten (10) days after mailing such notice, without the amount due under the pro visions of such instrument being paid; provided, however, that said notice by mail must be evidenced by a registered or certified mail return receipt bearing the signature of such maker. In any such civil action, no evidence of statements or representations as to the status of the check, draft, order, or deposit involved, or of any collateral agreement with reference to the check, draft, order, or deposit, shall be admissible unless such statements, representations,

2278

JOURNAL OF THE HOUSE,

or collateral agreement shall be written upon the instrument at the time it is delivered by the maker thereof.
(d) If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of this Act, and the applicability of such provision to other persons or circumstances, shall not be affected thereby."

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

Mr. Busbee of Dougherty moved that the report of the Committee of Con ference be adopted.

On the motion, the ayes were 103, nays 2.

The report of the Committee of Conference on HB 358 was adopted.

The following Bills of the House were taken up for the purpose of consider ing, the Senate amendments thereto:

HB 1006. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to abolish the office of County Treasurer of Laurens County and to provide for the designation of a county de pository; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 1006 as follows:
By inserting in the title of said Bill before the word "to repeal conflicting laws" the words "to provide for a referendum."
By renumbering Section 10 of said Bill as Section 11.
By adding a new Section 10 of said Bill which shall read as follows:
"Section 10. At the next regular democratic primary held after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Laurens County to issue the call for an election for the purpose of submitting this Act to the voters of Laurens County for approval or rejection. The Ordinary shall cause the date and purpose of the election to be

FRIDAY, FEBRUARY 16, 1962

2279

published once a week for two weeks immediately preceding the
date thereof, in the official organ of Laurens County. The ballot shall have written or printed thereon the words:

"For approval of the Act to provide for the appointment and designation of a county depository for the funds of Laurens County.

"Against approval of the Act to provide for the appointment and designation of a county depository for the funds of Laurens County."

All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided hereinbefore. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Laurens County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

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

Mr. Lovett of Laurens moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 110, nays 0.

The Senate amendment to HB 1006 was agreed to.

HB 1136. By Messrs. Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for employees of certain cities; and for other purposes.

The following Senate amendment was read:

Senator Brown of the 52nd moves to amend HB 1136 in the follow ing particulars:

(a) Change the period at the end of the caption to a comma and add the following:

"to provide credit for service in the American Red Cross, to repeal

\

conflicting laws, and for other purposes."

2280

JOURNAL OF THE HOUSE,

(b) By striking section 2 of said Bill and substituting in lieu thereof the following sections:

"Section 2. Any person qualified for such benefits under this Act, as amended, who was given a 'special Military leave' to do war time duty in the American Red Cross, may receive credit for such service for pension benefits under this Act, as amended, upon the same terms and conditions as set out in Section 5 and the sub sections thereof of the Amendment approved March 13, 1957.
"Section 3. All laws and parts of laws in conflict with this Act are hereby repealed."

Mr. Brooks of Pulton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 108, nays 0.

The Senate amendment to HB 1136 was agreed to.

HB 1200. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to coroner's fees in certain counties; and for other purposes.

The following Senate amendment was read:
Senator Brown of the 52nd moves to amend HB 1200 by adding a new section, to be known as Section 2(a) as follows:
"Section 2(a). The increased compensation provided by this statute shall not operate to increase the amount of pension payable upon retirement to the officer whose compensation is thus increased. Before such increased compensation shall be due and payable, such officer shall execute a written waiver to be prepared by the County Attorney in which such officer shall agree that the increased com pensation provided herein shall not operate to increase the amount of the pension payable to such officer upon retirement."

Mr. Brooks of Fulton moved that the House disagree to the Senate amend ment, and the motion prevailed.

The Senate amendment to HB 1200 was disagreed to.

FRIDAY, FEBRUARY 16, 1962

2281

The following Bill of the House was taken up for the purpose of considering the second report of the Committee on Conference thereon:
HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:

A Bill to be entitled an Act to amend an Act so as to provide for final settlements of disputed claims subject to approval of the State Board of Workmen's compensation; and for other purposes.
The following report of the Committee of Conference was read:

Mr. President and Mr. Speaker:

Your Conference Committee on HB 228 has met and makes the following recommendation:

That the House recede from its position on Senate Amendments 1 and 2 offered to HB 228 and that the Bill be passed, as amended, by the Senate.

Respectfully submitted,
Harry C. Jackson E. R. Lambert of 28th Sanders of 18th Twitty of Mitchell McCutchen of Gilmer Cox of Clarke

Mr. Twitty of Mitchell moved that the House adopt the report of the Com mittee of Conference.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney
Andrews of Stephens Arnsdorff Barber Birdsong Boggs Bolton
Bowen of Randolph Brooks of Oglethorpe Brown

Budd
Busbee Caldwell Chance Cloer Collins Cox
Davis Deen Dickey

Dicus
Dollar Duncan of Fannin Duncan of Carroll Echols Fordham Fowler of Douglas
Funk Hale Henderson

2282

JOURNAL OF THE HOUSE,

Hill Horton Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin Jordan Kelly Knight of Berrien Langford Lee of Clinch Lewis of Wilkinson Lokey Lowrey Mackay Matthews of Colquitt McCutchen Melton

Miller Moate Moore Morgan Morris Newton Otwell Pannell Parker of Appling Phillips of Walton Pickard Raulerson Rodgers of Charlton
Rowland Rutland Sangster Scoggin Sheffield Sinclair Smith of Grady

Smith of Habersham Smith of Whitfield Steis Story Strickland Tabb Tamplin Taylor of Dawson Taylor of Bibb Twitty Undercofler Underwood of
Montgomery Waldrop Ware Wells of Peach Wilkes Williams of Hall Willingham

Those voting in the negative were Messrs.:

Akins Andrews of Hall Ballard Barnett of Wilkes Boyett Bozeman Chandler Clark of Catoosa Crowe Culpepper Dorminy Doster Dunn Greene Hall of Lee Keadle Keyton Kidd

Lane Lewis of Burke Loggins Massee McCracken McGarity Milhollin Mixon Moorman Moss Murphy Odom Paris Parker of Ware Payton Phillips of Columbia Phillips of Bibb Poole

Potts Rogers of Paulding Roper Ross Scarborough Shuman Simmons Simpson Stevens Teague Thornton Tucker Vaughn Watson Williams of Coffee Wilson Woodward

Those not voting were Messrs.:

Adams Barnett of Baker Barrett Baughman Black Blalock Bowen of Toombs Brackin Branch

Brantley Brooks of Fulton Bynum Clarke of Monroe Cocke Coker Conner Crawford Fitzgerald

Fleming Flexer Floyd Flynt Fowler of Treutlen Fuqua Hall of Floyd Harrell Hodges

FRIDAY, FEBRUARY 16, 1962

2283

Hurst Johnson Jones of Sumter Killian Killingsworth Kimmons King Kirkland Knight of Laurens Lee of Clayton Lovett Matthews of Clarke McClelland

McDonald Mullis NeSmith Parker of Screven Farmer Pelham Purcell Rainey Roberts Singer Smith of Brantley Smith of Fulton Stuckey

Taylor of Decatur Todd Underwood of Taylor Walker of Lowndes Walker of Telfair Wells of Oconee Wells of Camden White Wickham Young Mr. Speaker

On the motion, the ayes were 88, nays 53.

The motion was lost and the second report of the Committee of Conference on HB 228 was rejected.

Mr. Bozeman of Thomas stated that he voted under a misapprehension and requested that the Journal show him as having voted "Aye" rather than "Nay" on this motion.

The following Resolution of the House was read:

HR 721. By Mr. Bolton of Spalding:
A RESOLUTION
Creating a committee to investigate the problem of the unauthorized practice of law; and for other purposes.
WHEREAS, the unauthorized practice of law in the State of Geor gia discredits those honorable and honest practitioners of that profession in this State; and
WHEREAS, the problem of the unauthorized practice of law is acute within the minds of the citizens of this State; and
WHEREAS, divers and sundry persons in this State are represent ing themselves as experts in the various fields of law without ever being admitted to practice law in this State; and
WHEREAS the erroneous advice extended by said persons to their own self interest is not beneficial to the recipients thereof;

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JOURNAL OP THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to investigate the problem of the unauthorized practice of law. Said com mittee shall be composed of five members of the House to be appointed by the Speaker. Said committee shall study the problem of the unau thorized practice of law in order that it might define same. The com mittee members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall receive the above for not to exceed ten days for each member. In order to more efficiently carry out its duties, the com mittee is authorized to employ clerical help and fix the compensation therefor. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assem bly on or before January 14, 1963, on which date the committee shall stand abolished.

The following amendment was read and adopted: The Rules Committee moves to amend HR 721 by striking and de
leting from the enactment clause the following sentence: "In order to more efficiently carry out its duties, the Committee is authorized to employ clerical help and fix the compensation there for."
The Resolution, as amended, was adopted.
The following Resolutions of the House and Senate were read and adopted:

SR 165. By Senator Seagraves of the 30th:
A RESOLUTION
Designating February as American History Month; and for other purposes.
WHEREAS, it behooves all the Citizens to have a greater knowl edge of the history of this great Nation of ours; and
WHEREAS, all Citizens should have a deeper appreciation for our outstanding American Heritage; and
WHEREAS, the Daughters of the American Revolution are spon soring a program to have February designated as American History Month;

FRIDAY, FEBRUARY 16, 1962

2285

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Month of February is hereby designatsd as American History Month and all the Citizens of this State are urged to seek additional knowledge concerning the traditions of this great Nation.

HR 728. By Messrs. Bolton of Spalding, Phillips of Bibb, Clarke of Monroe, Steis of Harris, Dickey of Chatham, Murphy of Haralson, Flexer of Glynn, and others:
A RESOLUTION
Requesting the State Auditor of Georgia to furnish certain infor mation to the members of the Georgia House of Representatives of Georgia; and for other purposes.
WHEREAS, it is essential to the work of the General Assembly of Georgia in considering the salaries, per diem, expense allowances and other remuneration paid to State Officials by Acts of the General As sembly of Georgia, that members of the General Assembly of Georgia be cognizant of the total amount of remuneration received by them from the State of Georgia, plus any remuneration received from the Govern ment of the Uunited States; and
WHEREAS, these figures are not contained in composite form nor is the remuneration received from the Federal Government included in the annual Auditor's Report made at the end of each fiscal year;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA that the State Auditor be, and he is hereby requested, to make a composite report available to the members of the House of Representatives as soon as possible after the close of the current fiscal year and before the con vening of the next session of the General Assembly; which report shall contain the following information:
(1) A statement of all salary, per diem, allowances, expense allow ances, subsistence allowances, and any other remuneration whatsoever received from all sources by any State Officer, constitutional or ap pointed, who was named in HB 1132 as passed by the House of Repre sentatives at the 1962 Session of the Georgia General Assembly.
(2) Further, that the State Auditor secure from each of said State Officials a written statement, signed by said State Official, enumerat ing any funds whatsoever, including but not limited to the funds as described above which are received from the State of Georgia, which he receives or is entitled to receive from the Government of the United States, and that such information be included in this report.
(3) Further, that said report include any and all funds to which any officer or official, as defined above, would be entitled to receive, even though said funds have not been drawn by said State Official.
(4) Further, that said report show a projection of the funds re-

2286

JOURNAL OF THE HOUSE,

ceived from the State and Federal Government as herein defined, which any State Official would draw or be entitled to draw, exclusive of a mileage allowance only, during the fiscal year from July 1,1962, through June 30, 1963, under the 1962 Acts of the General Assembly of Georgia.

BE IT FURTHER RESOLVED that this Report be mailed to each member of the House of Representatives and the State Senate of Geor gia as soon as practical after it has been compiled by the State Auditor.

HR 732. By Mr. Budd of Lowndes:
A RESOLUTION
Commending the Honorable Wright Bazemore; and for other pur poses.
WHEREAS, the General Assembly in cognizant of the fact that Georgia produces some of the greatest football talent to compete on the gridiron in college and professional contests; and
WHEREAS, the astounding success of such football players is due in a great part to the fine coaching they receive in Georgia high schools; and
WHEREAS, the Honorable Wright Bazemore, Head Coach of Valdosta High School is a coach who continually produces such fine young athletes; and
WHEREAS, Coach Bazemore's record will bear out his qualifica tions in that he has won nine (9) State Championships in seventeen (17) seasons of coaching at Valdosta, has won the State Class AAA Championship for the years 1960 and 1961, has now a string of twentyfour (24) victories and has in the past had strings of forty (40) and thirty (30) straight victories, has coached his team to a record of hav ing won more games in Class AAA than any team in that Class, was the first active coach ever to bs honored in the High School Hall of Fame, has led his team to one hundred and seventy-four (174) vic tories as opposed to only twenty-six (26) losses and five (5) ties; and
WHEREAS, his team was ranked second among all of the high school teams in the Nation in 1961; and
WHEREAS, the conduct of his personal life is above reproach; and
WHEREAS, because of such a personal life his athletes strive to reach those ideals which are daily practiced by the man himself and therefore produce to the height of their ability when playing for him;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Wright Bazemore, Head Coach of Valdosta High School, Valdosta, Georgia, be highly commended for his coaching

FRIDAY, FEBRUARY 16, 1962

2287

ability and his daily example of living which is exemplary and is emu lated by his players to his and their credit.

BE IT FURTHER RESOLVED that the Clerk of the House be instructed to transmit a suitable copy of this Resolution to the Honor able Wright Bazemore, Valdosta, Georgia.

HR 733. By Messrs. Payton of Coweta and Taylor of Bibb:
A RESOLUTION
Creating a Committee to study and investigate laws pertaining to disbaring of attorneys-at-law; and for other purposes.
WHEREAS, during the past several Sessions of the General Assem bly of Georgia, many Bills relating to the disbaring, suspending and disciplining of attorneys-at-law have been introduced; and
WHEREAS, the members of the legal profession are interested in having further study and investigation made pertaining to the proceed ings for the disbaring, suspending and disciplining of attorneys-at-law and the standards of conduct that should be required of all attorneys permitted to practice law in this State; and
WHEREAS, it is the considered opinion of the members of the House of Representatives of Georgia that further study should be made pertaining to the disbarment, suspending and disciplining of attorneysat-law and the standards of conduct that should be required of all attorneys permitted to practice law in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a Committee of 7 members of the House of Representatives, said mem bers to be appointed by the Speaker of the House of Representatives for the purpose of making a study and investigation pertaining to the pro ceedings for the disbaring, suspending and disciplining of attorneys-atlaw and the standards of conduct that would be required of all attor neys permitted to practice law in the State of Georgia. Said Committee is also authorized to study and investigate related laws pertaining to attorneys-at-law.
BE IT FURTHER RESOLVED that the members of this Com mittee shall receive the compensation, per diem, expenses and allow ances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.
BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia

2288

JOURNAL OP THE HOUSE,

on or before January 14, 1963 and said Committee shall stand abolished as of that date.

HR 734. By Messrs. Thornton, Phillips and Taylor of Bibb:
A RESOLUTION
Relative to the Macon Telegraph Publishing Company; and for other purposes.
WHEREAS, it is of the utmost importance that the members of the House of Representatives do obtain the latest publications regarding the outstanding current events concerning this State and Nation; and
WHEREAS, the editors of the Macon Telegraph and Macon News have been very diligent in providing a copy of each of said papers to be placed promptly on each desk of the members of the House of Repre sentatives; and
WHEREAS, the editorials and political coverage published in these said papers have been most fair, accurate and unbiased.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that it does express its sincere appreciation to the editors of the Macon Telegraph and Macon News for their con scientious and continuous efforts in keeping the members of this body supplied with the enlightened news, editorials, and especially the in triguing comic sections of said papers.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appro priate copy of this Resolution to the editors of the Macon Telegraph and Macon News.

HR 735. By Mr. Barber of Jackson:
A RESOLUTION
Creating a committee to study the problems relating to Retirement Pay; and for other purposes.
WHEREAS, one of the lowest compensated professions in the State of Georgia has been the teaching profession; and
WHEREAS, there are many retired teachers whose retirement compensation is unsufficient; and
WHEREAS, many teachers who are currently participating in the retirement system are facing questions and problems which they do not properly understand; and

FRIDAY, FEBRUARY 16, 1962

2289

WHEREAS, it is deemed advisable that a proper study of the many situations pertaining to teacher retirement pay be made;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Teacher Re tirement Study Committee. The committee shall be composed of a mini mum of (3) members to be appointed by the Speaker. The Speaker is to determine finally if such a committee is to function and authorize the amount of time to be granted to this study committee. The committee is to make a report and its recommendations prior to December 14, 1962. The members of the committee shall receive the compensation, per diem, authorized for legislature who are members of interim legislative com mittees. All funds necessary for the purpose of this Resolution shall come from the funds appropriated to the legislative branch of the Gov ernment and from any other available funds.

HR 736. By Messrs. Barber of Jackson and Twitty of Mitchell:
A RESOLUTION
Requesting that the United States Senators and Congressmen enact legislation providing- that in making a determination of the amount of old age assistance, assistance to needy blind persons, and assistance to the totally and permanently disabled, the Department of Welfare shall disregard the first fifty ($50.00) dollars of income to such persons from any source whatsoever; and for other purposes.
WHEREAS, the "cost of living" has continually increased with each succeeding year; and
WHEREAS, the assistance now being granted to most persons as hereinbefore mentioned is grossly inadequate and not compatible with decency and health; and
WHEREAS, the General Assembly of Georgia has attempted to help relieve this situation by providing that in determining the amount of assistance to be granted the first fifty ($50.00) dollars of income shall be disregarded, and the United States Department of Health, Educa tion and Welfare has failed to approve such provisions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that it is hereby urgently re quested and recommended that the United States Senators and Repre sentatives enact legislation providing that in making a determination of the amount of old age assistance, assistance to the needy blind, and assistance to the totally and permanently disabled, the first fifty ($50.00) dollars of income each month be disregarded.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appro priate copy of this Resolution to each member of the Georgia Delegation to the United States Congress.

2290

JOURNAL OF THE HOUSE,

Mr. Rowland of Johnson arose to a Point of Personal Privilege and addressed the House.

His Excellency, Governor S. Ernest Vandiver and Mrs. Vandiver appeared upon the Floor of The House and were escorted to the rostrum by the Committee of Escort.

The Speaker introduced Governor Vandiver as follows:
This is a sad day for me.
For today our Governor will address this House for the last time.
But this is also a proud day.
I am proud--as I am sure are so many of you--in having been a part of this administration.
I am proud that this administration has continued--yes, expanded-- services with no increase in taxes.
I am proud that this administration has restored our constitutional control of fiscal affairs--control forfeited years ago by our predecessors.
But mainly I am proud of my friendship with this man--this great Georgian--Governor Ernest Vandiver.

Governor Vandiver delivered the following address:
MISTER SPEAKER AND MEMBERS OF THIS HONORABLE BODY:
Let no one entertain any doubts whatsoever but that this General Assembly and those to follow have determined now and as long as this State shall flourish to fulfill their constitutional duties and responsi bilities over the appropriations of the peoples' money.
That is the most significant development in our State Government in fifty years.
Allow me first to pay my respects--my warmest friendship and regard--to your able presiding officer. He has done a remarkablyefefctive job and I know you join me in saying all honor to him.
He would be the first to tell you that during my tenure that in no case have I attempted to interfere with, meddle or dictate in con nection with the internal affairs of this body. I respect the separation of powers doctrine.

FRIDAY, FEBRUARY 16, 1962

2291

Administration and committee assignments and work of this body have been superior. I commend you for it in the highest terms I know how.

"Unanimous" Legislature

If anything can be said of the 1961-1962 Legislature, it can be called the "UNANIMOUS" General Assembly for you have grappled with the issues of the age and have come forward with their solutions with a dignity that is appreciated by your constituents.

Ours has been a great partnership.

I do not know what the next ten months may hold--

I want it clearly understood now, should any developments present themselves, where your presence is necessary to help your Governor protect the basic interests of Georgia people, I will summon you into extraordinary session without a moment's hesitation.

Unlike what may have been the situation of the past, I am com forted to be in your ranks and to know that as far as Georgia's welfare is concerned, we are comrades in arms.

Democratic Party

We have seen by the papers that some of the Republican leaders-- Shartzer, Snodgrass and Sunday -- plan to meet in Atlanta soon to hand-pick a candidate for governor and perhaps other offices to be placed on the ballot by petition in the general election.

We know not whom Georgia democrats will choose.

It will not be a backroom caucus.

It will be by a vote of the people on a county unit basis.

Of course, there will be differences.

Debate will ensue.

That is real democracy.

Invective may fly.

It always does.

But Georgia Democrats decide.
When the votes are in and nominees are elected, Georgia Democracy closes ranks--

2292

JOURNAL OF THE HOUSE,

ALL GOOD DEMOCRATS LOCK ARMS AND MARCH SHOUL DER-TO-SHOULDER TO VICTORY!

Accomplishments

I will not repeat at this hour the record we share other than to say its genesis lies in sound economy, resulting in expanded services to the people in all essential fields and greater building programs than ever undertaken before in a like period, all without any new or additional taxes whatsoever.

As I said to you in early January, that record is something you can carry to the people in the best of conscience, and I urge you to do so, for I want every member who can come back here to come, without opposition, if possible.

Fighting Waste

ECONOMY, a word not liked by some of the cynical operators and hardened professional politicians--but melodious music to the ears of the oppressed and red-taped taxpayers.

I admit it would have been nice if we had been flush with money from a massive tax increase so that the governor could have held court with an assorted set of cronies, much as an Arab chieftan, doling out largesse, in the form of executive appropriations for this pet project or that.

Lest there be any doubts on anyone's part, I must say here, had necessity not forced another policy, my frugal stubborn DUTCH nature would have dictated it.

As you grapple with budgets of the future, as the Assembly regains its proper responsibility in budget study and approval, you will discover that discretion, for the large part, now has been removed due to the ever growing requirements for fixed and recurring operational budgets.

And, what you have done at this session, insures a continuation of prudent expenditure of public funds per force, if not by necessity.

NEVER AGAIN WILL WE SEE A BILLION DOLLARS APPRO PRIATED BY EXECUTIVE ORDER IN GEORGIA WITH LITTLE OR NO AUTHORIZATION!

Challenge Met

Mister Speaker (Mister President), I said until this body determines to be "Master in its own House" it may as well forget making any lasting contributions to the public councils.

By unanimous votes, you have throw the ball back to me.

FRIDAY, FEBRUARY 16, 1962

2293

You have given the chief executive power to appoint a State Budget Officer who will supervise a professional staff. This selection will be made by me within the next few weeks after appropriate consultation with you. I wish it were constitutionally possible to appoint one of your number to this post for several members of this Assembly could acquit themselves well in that responsibility.

The budget reform measure adopted by you will maintain a proper legislative/executive balance.

They will help future governors keep their money and tax promises to the people.

If future governors exercise their prerogative wisely by naming a capable budget officer, the law will accomplish what you have set your sights to accomplish.

If they fail, succeeding General Assemblies can select the budget officer in the legislative branch.

Constructive Session

I have seen very little in the press during the session that could be interpreted as purely political utterances. All commentary emanating from here has been serious and constructive.

In my book, that is good.

It bodes well for Georgia's future.

It is in sharp contrast to the political division which has hampered our progress in years past.

I find in this General Assembly open minds, open hearts, open discussion and concrete results.

Election Year
This is an election year in Georgia, if you hadn't already thought about it.

In the final analysis, it is the voter at the grassroots who will decide.

I WILL NOT SEEK TO INTERFERE IN ANY WAY WITH ANY CHOICE.

Though, I do put all on notice now, that if any candidate enters upon a campaign of deception, distortion, fakery or outright lies re garding the policies and achievements of the present administration, I will have no choice but to meet such lies head-on before the voters with
the WRITTEN record--with the facts--with the figures--to set things straight.

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JOURNAL OP THE HOUSE,

I won't mince one word.

And as an old campaigner who once took his ease at Warm Springs said:

"I luv a good fight!"

Time for Good-byes

The time for good-byes and farewells is a time for reminiscing and looking to the future.

This Spring, Betty, the children and I plan to build a cottage at Jekyll.

When you are there on a convention or on vacation, we want you to come to see us.

For the past good many years it has been our custom to entertain the Capitol press corps. This year, they were kind enough to present me with a rocking chair, to match one I already have.

So when you come to see me, we will rock and watch the mighty Atlantic kiss Georgia's beautiful shores.

We will talk of many things--

But I assure you we won't talk--

Of bills--and resolutions--and corporate tax

Of committees and things

Of 40-day and 80-night sessions

And why so many Lieutenant-Governor candidates had parties

And whether lobbyists have wings

Instead, we'll talk of other things, of deeds done, and accomplish ments made.

Burdens Expected

When we began our work together over three years ago, I had no doubts of the burdens ahead--

I asked the people of Georgia for the highest office within their gift notwithstanding.

FRIDAY, FEBRUARY 16, 1962

2295

Many Georgians, in shaking my hand, asked me in somber tones--

Why?

They said, sympathetically:

"You're going to have to ring down the curtain of ignorance on the children of Georgia and put on a four per cent sales tax."

We managed--you and I--to avoid both of these terrible disasters because of magnificent help you extended in such large measure, help from the people, help from the educators, help from the public informa tion media.

And, if I may be allowed to reflect upon a certainty, help from an unseen, all-present, all-benevolent and all-guiding hand that in times of supreme tests take hold for good when mere humans, by their frailities and nature, may have exhausted themselves.

So, then, the faith for our deliverance, is spread, as is the air about us and rests, finally, in the heart of hearts of our people.

A people who live in our hills On our red clay sod
On our plain, and, On our shores
Who experience happiness, joys and sorrows together
And who can be depended upon always
To measure up when duty calls.

Members Thanked

And I want to say something about the" members of this body-- especially those with whom I may have differed politically. On issues affecting our whole people, you have come to me and said, "Ernie, I know we may differ on this or that, but I want you to know I'm sup porting you on this because I believe you are right!"

I cannot let this good-bye pass without praising such conduct on your part as the highest manifestation of integrity, patriotism and courage.

Nor can I let this occasion pass without this word to the mothers and fathers of Georgia, to the women, particularly.

2296

JOURNAL OF THE HOUSE,

During the lonely hours when every bit of encouragement shone like a pearl on the silver sands, when doubts abounded, a steady surge of letters, personal calls and communications came to me from what I consider the source of all real authority--the mothers, grandmothers and women of Georgia.

The most touching were written in a shaky, but clear and dignified hand, that soon might be stilled, but reflected the wisdom that can come only through experience, tenderness, heartbreak and love--of births of the children, of joys and the sorrows of departed loved ones.

When those hands speak, you had better listen.

Others came, written in a very feminine hand, expressing the re sponsibilities of motherhood and its inherent apprehension for the future well-being of our children.

Ministers wrote, many, offering their prayers.

My instructions were that all such letters, wanting nothing more then expression to innermost feelings, were to be shown to me for reply.

Most of them started off this way--

"Dear Governor Vandiver,
"This is the first time I have ever written a letter to any public official . . ."
I want everyone to know, that in the darkest, and lonely hours, these expressions from the very heart of Georgia life, comforted me and sustained me, in the greatest trial of our time.
Words--all communication--are inadequate to express the appre ciation I feel for them.

I believe that most things work out for the best.
Everyone of you has my respect and I am proud to call you friend.
By your acts and deeds, you have earned the description: "The best and most able General Assembly in history."
We are now entering upon an era in Georgia which, more than ever, needs--demands--bold, persistent experimentation, inspired lead ership and action.
To provide it, the best judgments of many must unite in the work:
EXPERIENCE must guide their labor:

FRIDAY, FEBRUARY 16, 1962

2297

TIME must bring it to perfection:

And the mistakes which inevitably may be made will be softened in time-honored and time-proved crucibles.

May the Great God above bless, keep, guide, and direct each and every one of you.

At the request of Mr. Barber of Jackson, the Clerk was directed to correct a typographical error appearing in the following Bill of the House:

HB 1115. By Messrs. Barber of Jackson, Hall of Floyd and others:
A Bill to be entitled an Act to amend an Act establishing a retirement for teachers in the State public schools, and for other purposes.

The Speaker announced the House recessed until 1:30 o'clock this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 737. By Messrs. Mackay, Howard and Rutland of DeKalb and Fuqua of Richmond:
A RESOLUTION
BE IT RESOLVED by the House of Representatives that the Legis lative Counsel be and hereby is requested to make a study of laws of other states to see what statutory means, if any, have been devised to prohibit automobile graveyards and junk yards along main thorough fares which are increasingly defacing the beauty of the countryside and creating eyesores. The Legislative Counsel is requested to make his findings known to the members of the 1963-64 General Assembly.

2298

JOURNAL OF THE HOUSE,

HR 738. By Messrs. Mackay, Howard and Rutland of DeKalb, Fuqua of Richmond and Murphy of Haralson:

A RESOLUTION

BE IT RESOLVED by the House of Representatives that the Legis lative Counsel be and hereby is requested to make a study of existing Authorities authorized or created by the state constitution or by state statute and furnish the following information to the members of the General Assembly elected to the 1963-64 session. Said report shall list the active and inactive Authorities, the variety of types of Authorities, the amount of tax funds being paid annually out of the state treasury for the support and debt retirement of said Authority, the bond indebt edness of said Authorities at the end of the present fiscal year and such other information as the Legislative Counsel may deem to be of interest to the members of the General Assembly.

BE IT FURTHER RESOLVED that the Legislative Counsel list the arguments for and against, the advantages and disadvantages, and also furnish a comparison of the use of the Authority device in Georgia and in other states.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett and others:
A Bill to be entitled an Act to amend an Act establishing a retirement for teachers in the State public schools, and for other purposes.

The following report of the Committee of Conference was read:
Mr. Speaker:
CONFERENCE COMMITTEE REPORT ON HB 910
The Committee recommends that the Senate recede from its position on the following Senate Amendment:
"By adding a new Section which shall be known as Section 14A and which shall read as follows:
"Section 14A. Said Act is further amended by adding at the end of Subsection 5 of Section 5 the following:
'Provided further that if one retires on physical disability and is later declared physically able to re-enter the System, he may participate in the new formula by paying back payments provided that they re-entered by January 1, 1955."

FRIDAY, FEBRUARY 16, 1962

2299

and that the same be not adopted.

The Committee recommends that the Senate recede from its position on the following Senate Amendment:

"By inserting in the title of said Act after the phrase " to pro vide certain conditions connected therewith", the following:

"to provide for a refund of that amount of money contributed by a member to establish prior service under an Act approved March 17, 1959 (Ga. Laws 1959, p. 319);"

"By renumbering Section 14 as Section 15, Section 15 as Section 16, Section 16 as Section 17, and Section 17 as Section 18 and by inserting a new Section 14 to read as follows:

"Section 14. Said Act is further amended by adding at the end of Subsection 2 of Section 4 a sentence to read as follows:

'Provided, however, that any member who established prior service under an Act approved March 17, 1959 (Ga. Laws 1959, p. 319), by paying the monies in the Teachers Retirement System as required by said Act and who would likewise qualify for the estab lishment for prior service under this Section as now written, shall be refunded that amount of money which said member paid to estab lish such service under the said 1959 Act.' "

and that the same be not adopted.
The Committee recommends that the House recede from its position on the following Senate Amendment:
"By striking from Section 14, Paragraph (5) of said Bill the number "12", and inserting in lieu thereof the number "24".
and that the same be adopted.
The Committee recommends that the House recede from its position on the following Senate Amendment:
"By striking from Paragraph (b) of the quoted matter in Section 14 of said Bill the word "one" and inserting in lieu thereof the word "two", and
"By adding the letter "s" to the word "year" in said paragraph
(b) of Section 14 of said Bill.
"By striking from Section 15 of said Bill, wherever it may appear, the word "two" and inserting in lieu thereof the word "one", and

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JOURNAL OF THE HOUSE,

"By striking from the word "years", wherever it may appear in Section 15 of said Bill, the letter "a".

and that the same be adopted.

Representative John Harvey Moore, Chairman

Senator William A. Ingram Senator Zell Miller Senator Earl Staples Representative Preston B. Lewis Representative Earl P. Story

Mr. Story of Gwinnett moved that the House adopt the report of the Com mittee of Conference.

On the motion, the ayes were 103, nays 0.

The report of the Committee of Conference on HB 910 was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 154. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to provide for appeals in civil cases without the necessity of moving for a new trial, and for other purposes.

The following Senate amendment was read:
The Senate Committee on Judiciary moves to amend HB 154 as follows:
Section 19 be amended by substituting the words "15 days" for the words "30 days".
Section 21 be amended by substituting the words "within 25 days after notice that the case has been docketed" for the words "within 20 days from the service upon him of Opponent's brief" appearing in the second line of said Section 21.

FRIDAY, FEBRUARY 16, 1962

2301

Section 24 be amended by striking the last line and substituting the following: "existing method of Appeal by Bill of Exceptions and Writ of Error".

Section 25 be stricken in its entirety and a new section 25 be sub stituted as follows: "All other matters concerning Appeals under this Act, save as modified by this Act, shall be governed and controlled by the Law in force at the time this Act is passed".

Mr. McClelland of Fulton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 154 was agreed to.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HR 501. By Messrs. Crawford of Chatham and others:
A Resolution proposing an amendment to the Constitution of the United States prohibiting the Government of the United States to engage in any business, professional, commercial, financial or industrial enterprise except as specified in the Constitution; and for other purposes.

HB 724. By Messrs. Rowland of Johnson, Barrett of Cherokee and others:
A Bill to amend an Act creating the State Board of Workmen's Compen sation, so as to provide for the compensation of the Chairman and other two members of the Board and persons in the employ of the Board; and for other purposes.

HB 1003. By Messrs. Been of Bacon and Conner of Jeff Davis:
A Bill to amend an Act providing for the licensing and bonding of dealers in agricultural products, so as to redefine "dealer in agricultural products" to include persons buying, selling, processing and shelling pecans; and for other purposes.

2302

JOURNAL OF THE HOUSE,

HB 1080. By Messrs. Bolton of Spalding, Steis of Harris and others:
A Bill to grant to the incorporated municipalities of this State certain common powers--the authority to regulate and control municipal elec tions; the granting of franchises for the use of their streets; local tax ation; to operate water and sewer systems; and for other purposes.

HB 1194. By Messrs. Killian and Plexer of Glynn:
A Bill to amend an Act known as the "Georgia State Highway Authority Act", so as to increase the maximum sum of the principal amount of bonds which may be outstanding at any one time and which are issued by resolution of the Authority; and for other purposes.

HB 1203. By Mr. Blalock of Clayton:
A Bill to amend an Act approved Feb. 16, 1950 amending Chapter 92-31 of the Code of Georgia of 1933, by amending sub-section (3) of Section 92-3113 by further defining the taxable situs of intangible property; and for other purposes.

HB 1214. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Bill to amend an Act known as the "Minimum Foundation Act", so as to provide criteria for providing additional funds to local units which have exceptional needs for capital outlay; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:

HE 270-704. By Mr. Crowe of Bartow:
A Resolution compensating Watkins C. White of Chatsworth, Georgia; and for other purposes.

HR 328-716. By Mr. Sinclair of Macon:
A Resolution to compensate Mrs. Willis Mae Hunt Collins; and for other purposes.

HR 357-742. By Mr. Rodgers of Charlton:
A Resolution compensating James Vester Yeomans; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2303

HR 453-918. By Mr. Kirkland of Tattnall:
A Resolution to compensate to Miss Sarah Lynn Rountree; and for other purposes.

HR 480-950. By Mr. Barber of Jackson: A Resolution to compensate Grady Haggard; and for other purposes.

HR 481-957. By Mr. Walker of Telfair: A Resolution to compensate J. D. Williams; and for other purposes.

HR 511-985. By Messrs. Smith and Boyett of Whitfield: A Resolution to compensate E. Clyde Perkins; and for other purposes.

HR 514-989. By Mr. Stuckey of Dodge:
A Resolution to compensate Mrs. Mary W. Screws, of Chester, Georgia; and for other purposes.

HR 526-999. By Mr. Fleming of Richmond:
A Resolution to compensate Ballentine Motors of Augusta, Inc.; and for other purposes.

HR 593-1147. By Messrs. Dickey and Crawford of Chatham:
A Resolution relating to the erection of a monument to Button Gwinnett; and for other purposes.

HR 635-1192. By Mr. Chance of Twiggs:
A Resolution compensating Mr. and Mrs. Mark Fitzpatrick; and for other purposes.

HR 637-1192. By Mr. McClelland of Fulton: A Resolution to compensate E. 0. Sams; and for other purposes.

HR 657-1233. By Mr. Simmons of Banks: A Resolution to compensate Mr. Cohen Martin; and for other purposes.

2304

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate's substitute to the House substitute to the following Bill of the Senate:
SB 41. By Senators Whisnant of the 25th, Jackson of the 24th and Knox of the 54th:
A Bill to be entitled an Act to amend an Act authorizing the chartering of corporations, and for other purposes.

The following Senate substitute to the House substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935 (Ga. Laws 1935, p. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes," approved January 28, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 214), as amended, so as to provide that instruments executed by a corporation conveying an interest in real property, with the ex ception of transfers of and releases from security instruments, when signed by the President or Vice President of the corporation and at tested or countersigned by the Secretary or Cashier of the corporation, with the corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same; to provide that when signed by the President or Vice President of the corporation and attested or countersigned by the Assistant Secre tary or Assistant Cashier of the corporation, with the corporation's seal attached, shall be prima facie evidence that said officers signing are duly authorized to execute and deliver the same; to provide that any corporation may, by proper resolution, authorize the execution of such instruments by other officers of the corporation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act entitled "An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935 (Ga. Laws 1935, p. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes," ap proved January 28, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 214), as amended, is hereby amended by adding a new Section to be known as Section 32A to read as follows:
"Section 32A. Instruments executed by a corporation convey ing an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the Presi dent or Vice President and attested or countersigned by the Secre tary or Cashier of the corporation, with the corporation's seal at-

FRIDAY, FEBRUARY 16, 1962

2305

tached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same. Instruments ex ecuted by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the President or Vice President and attested or countersigned by the Assistant Security or Assistant Cashier of the corporation, with the corporation's seal attached, shall be prima facie evidence that said officers signing are duly authorized to execute and deliver the same. Any corporation may, by proper resolution, authorize the execution of such instruments by other officers of the corporation."

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

Mr. Steis of Harris moved that the House agree to the Senate substitute to the House substitute.

On the motion to agree, the ayes were 113, nays 0.

The Senate substitute to the House substitute to SB 41 was agreed to.

Mr. Steis of Harris arose to a Point of Personal Privilege and addressed the House.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the fol lowing Bill of the House:

HB 910. By Messrs. Hall of Floyd, Story of Gwinnett, Smith of Habersham, Greene of Bartow, Moore of Polk, Miller of Elbert, Cloer of Towns and Wilson of Cobb:
A Bill to establish a retirement system for the teachers in the State Public Schools and other State supported schools, so as to eliminate the requirements for maintaining an annuity reserve fund and pension reserve fund; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate:

2306

JOURNAL OP THE HOUSE,

SB 283. By Seator Overby of the 33rd:
A Bill to amend an Act known as the "Urban Redevelopment Law," as amended, so as to provide that municipalities may exchange land owned in Urban Redevelopment Areas for certain land owned by certain organ izations; and for other purposes.

The Senate has receded from its position on the following Bill of the House:

HB 959. By Mr. Blalock of Clayton:
A Bill to amend an Act relating to the "Motor Fuel Tax Law"; by re defining the terms upon which the present tax of 1 cent per gallon shall be levied upon kerosene, and by providing that such tax shall be allowed as a credit when such kerosene is subsequently sold as a motor fuel; and for other purposes.
The Senate has passed by substitute the following Bill of the House:

HB 936. By Mr. Busbee of Dougherty: A Bill to amend an Act to provide for a credit against income taxes in amount paid for certain machinery; and for other purposes.
The Senate has adopted the House substitute to the following Bill of the Senate:

SB 289. By Senator Harden of the 27th: A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, as amended, so as to provide for a change in compensation of the Board; and for other purposes.
The Senate has adopted the report of the Conference Committee on the fol lowing Bill of the House:

HB 358. By Mr. Story of Gwinnett: A Bill to amend an Act relating to the delivery of worthless checks, so as to clairfy said check; to provide certain rules of evidence and pre sumptions in civil actions arising out of arrest or prosecution hereunder; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority, the following Bill of the House:

FRIDAY, FEBRUARY 16, 1962

2307

HB 1213. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act establishing a new charter for the City of College Park by extending the corporate limits; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 1213. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act so as to extend the corpo rate limits of the City of College Park, and for other purposes.

The following Senate amendment was read:
Senator Smalley of the 26th moves to amend HB 1213 by striking from Section 1 thereof the following language:
"All that portion of Land Lot 8 and Land Lot 25 of the 13th District of Clayton County, Georgia, not now within the City Limits of either the City of College Park or the City of Atlanta."
and substituting in lieu thereof the following language:
"All that portion of Land Lot 8 and Land Lot 25 of the 13th District of Clayton County, Georgia, not owned by the City of Atlanta, on the effective date of this Act and not within the City limits of College Park, Georgia, on the effective date of this Act". So that Section 1, as amended, will read as follows:
"Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corpo ration aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the following territory, to-wit:
"All that portion of Land Lot 8 and Land Lot 25 of the 13th District of Clayton County, Georgia, not owned by the City of Atlanta, on the effective date of this Act, and not within the City limits of College Park, Georgia, on the effective date of this Act".
Messrs. Lee and Blalock of Clayton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 1213 was agreed to.

2308

JOURNAL OF THE HOUSE,

HB 936. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend the Sales and Use Tax Act so as to attract new and expanding industry, and for other purposes.

The following Senate substitute was read:
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 March 1, 1960 (Ga. Laws 1960, p. 153), so as to provide that the sale of machinery for new and expanding industry shall be taxed at a rate different from the present three percent (3%) of the sales value; 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 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 March 1, 1960 (Ga. Laws 1960, p. 153), is hereby amended by inserting between the next to the last and the last sentence of Section 2 (a), two sentences to read as follows:
"Provided, that notwithstanding other provisions of this Chap ter a tax at the rate of two percent (2%) instead of three percent (3%) of the sales value shall be imposed on the purchaser of machinery for and expanding industry or agriculture until January 1, 1963. From and after January 1, 1963 the tax shall be at a rate of one percent (1%) on the purchase of machinery for new and expanding industry or agriculture. 'Machinery for new and ex panding industry or agriculture' shall mean that machinery used directly in the manufacturing or purchase of machinery for new and expanding industry or agriculture. 'Machinery for new and expanding industry or agriculture' shall mean that machinery used directly in the manufacturing or agricultural process which is in corporated for the first time into plant or farm facilities established in this State and which does not replace machinery in such plants or such farms. Provided, further, that no retail sale shall be taxable to the retailer or dealer which is not taxable hereunder to the pur chaser at retail."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Busbee of Dougherty moved that the House disagree to the Senate sub stitute, and the motion prevailed.
The House disagreed to the Senate substitute to HB 936.

FRIDAY, FEBRUARY 16, 1962

2309

The following Bill of the House was taken up for the purposes of appointing a third Committee of Conference on the part of the House:

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and Cox of Clarke:
A Bill to be entitled an Act to amend an Act so as to provide for final settlements of disputed claims subject to approval of the State Board of Workmen's Compensation, and for other purposes.

The Speaker appointed as a third Committee of Conference on the part of the House, the following members:
Mr. Williams of Hall, Rutland of DeKalb and Cox of Clarke.
Mr. Killian of Glynn made the following remarks in presenting to Honorable George L. Smith, II, Speaker of the House of Representatives, a gift from the members of the House:
Mr. Speaker:
I rise to a point of personal privilege to inform the Speaker, the gentleman from Emanuel, of the high esteem in which he is held by the membership of this House and the deep affection and respect which we have for him.
Mr. Speaker, I am sometimes apprehensive that the title of Speaker is neither sufficiently descriptive nor nearly indicative of the duties and grave responsibilities that the presiding officers of the representa tive houses of state governments must bear, but those of us who have served in legislative halls and those who have closely observed legisla tive processes in action recognize that for a man to honorably and suc cessfully carry out those duties, he must have extraordinary ability, great courage, an abiding sense of justice, and laced throughout these other qualities, he should have a keen and discerning sense of humor. Mr. Speaker, my colleagues and I are proud to acknowledge that you possess and exercise all of those sterling qualities to an exceptionally high degree. We sincerely and earnestly believe that our Speaker is unsurpassed by the presiding officer of any legislative body anywhere in America--nay, in the entire world. And, Mr. Speaker, it is a very great privilege and pleasure to present to you and your lovely lady this token of our appreciation and esteem. May your future be filled with success, happiness, and a long tenure of continuing public service.
Lieutenant Governor Garland Byrd, accompanied by Mrs. Byrd, appeared upon the Floor of the House and addressed the members.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

2310

JOURNAL OF THE HOUSE,

Mr. Speaker:

Senate respecfully asks that a third Committee of Conference be appointed on the following Bill of the House:

HB 228. By Messrs. Twitty of Mitchell, Lovett of Laurens and others:
A Bill to amend an Act, so as to provide for final settlements of doubt ful and disputed claims, subject to approval of the State Board of Workmen's Compensation; to define further "injury" and "Personal injury"; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate: Senators Jackson of the 24th, Sanders of the 18th and Lambert of the 28th:

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate to wit:

SR 182. By Senators Sanders of the 18th and Towson of the 16th:
A Resolution creating an interim legislative committee to make a study of the taxes affecting industries; and for other purposes.

The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:

HB 936. By Mr. Busbee of Dougherty:
A Bill to amend an Act to provide for a credit against income taxes in amount paid for certain machinery; and for other purposes.

The president has appointed as a Committee of Conference on the part of the Senate, Senators Mathews of the 48th, Hart of the 53rd and Conger of the 8th.

The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 210. By Senators Peterson of the 16th and Newton of the 17th: A Bill to provide that any member of a county political party executive committee who participates as such in arranging or holding a political

FRIDAY, FEBRUARY 16, 1962

2311

party primary election shall be ineligible to be a candidate for nomi nation to any office therein, except for membership on such executive committee; to repeal conflicting laws; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A Bill to be entitled an Act to amend an Act so as to provide for the manner in which certain funds shall be expended under the minimum Foundation Program for Education, and for other purposes.

The following report of the Committee of Conference was read:
Mr. Speaker and Mr. President:
Conference Committee Report on HB 126
The Conference Committee on HB 126 has met and is unable to agree.
Two members of the House and one member of the Senate insist on the Senate position. Two members of the Senate and one member of the House insist on the House position.
As was said before the Conference Committee is unable to agree and requests that the members thereof be relieved and a new Committee be appointed.
Carl E. Sanders, Senator 18th District Gordon Knox, Jr., Senator, 54th
District Hamilton McWhorter, Jr., Senator,
50th District Frank S. Twitty, Representative
Mitchell County J. Battle Hall, Representative
Hall County James W. Keyton, Representative
Thomas County
The first Committee of Conference having failed to reach agreeemnt, the Speaker appointed as a Second Committee of Conference on the part of the House, the following members:
Messrs. Twitty of Mitchell, Hall of Floyd and Brooks of Oglethorpe.

2312

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:

The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 1084. By Messrs. Brooks and Smith of Pulton:
A Bill to fix the salary of judges of juvenile courts in certain counties; and for other purposes.

HB 1160. By Messrs. Smith and Brooks of Fulton:
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"; and for other purposes.

HB 1162. By Messrs. Brooks and Smith of Fulton:
A Bill to amend an Act providing that certain cities shall furnish pen sions to officers and employees of such cities, so as to provide increased pensions for certain officers and employees; and for other purposes.

HB 1218. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act creating a joint City-County Board of Tax Assessors in certain counties, so as to fix the salaries of the members; and for other purposes.

HB 1220. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to create and establish in DeKalb County, districts from which the members of the County Board of Education of DeKalb County shall be elected; and for other purposes.

HB 1230. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill entitled "An Act to establish the Criminal Court of Atlanta," so as to adjust and fix the salaries of the Judges and the Solicitor General of the Criminal Court of Fulton County; and for other purposes.

HB 1231. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act relating to the abolition of justice courts and the office of Justice of the Peace and of notary public ex officio justice of the peace; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2313

HB 1245. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to amend an Act repealing the Juvenile Court Act and establishing Juvenile Courts in certain counties; and for other purposes.

The Senate has agreed to the report of the Committee of Conference of the following Bill of the Senate:

SB 199. By Senator Overby of the 33rd:
A Bill to amend section 29-301 of the code relating to covenants running with the land, as amended; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:

HB 1071. By Mr. Fleming of Richmond:
A Bill to amend an Act relating to the duties of the Clerks of Superior Courts and Clerks of City Courts, so as to authorize Clerks of the Superior Court, from time to time, destroy certain books; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 936. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend the Sales and Use Tax Act so as to attract new and expanding industry, and for other purposes.

Mr. Busbee of Dougherty moved that the House insist on its position in disagreeing to the Senate Substitute and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members:

Messrs. Busbee of Dougherty, Blalock of Clayton and Hill of Meriwether.

2314

JOURNAL OF THE HOUSE,

Under the regular order of business, the following Bill of the Senate was again taken up for consideration and read:

SB 221. By Senator Staples of the 37th:
A Bill to be entitled an Act to provide for the manner of selecting judges emeritus, and for other purposes.

The following amendments were read and adopted:
Mr. McClelland of Pulton moves to amend SB 221 by striking from line 21 of the caption of said Bill the words "actual expenses plus"; and further by striking from line 20 of Section 3 of said Bill the words "actual expenses not to exceed $25.00 per day and"; and by striking from line 24 of said Section 3 the words "and expenses".
Mr. McClelland of Pulton moves to amend SB 221 as follows:
By deleting from line 21 in the caption of said Bill the words "com pensation and" and by inserting immediately before the word "expenses" in said line 21 the word "actual"; and further, by deleting the word "of" immediately following the word "expenses" in same line 21 and substituting in lieu thereof the words "plus mileage for", so that when so amended, said line 21 of said caption shall read as follows:
"to provide for actual expenses plus mileage for Judges Emeritus of the"
Further, by deleting from line 19 of Section 3 of said Bill the words "the sum of $25.00 per day, plus" and by inserting between the words "expenses and" in line 20 of said Section 3 the words "not to exceed $25.00 per day"; and further, by changing the comma after the word "mileage" in line 24 of said Section 3 to a period and striking and deleting the remaining language of said section.
Mr. Murphy of Haralson moves to amend SB 221 by adding the words "of his Judicial Circuit or an adjoining Circuit" immediately after the word "Court" in line 3 of the caption.
By striking the word "said State" in line 5 of Section 1 of said Act and inserting in lieu thereof the words "his Judicial Circuit or an adjoining Circuit."
By striking the words "any Judicial Circuit in Georgia" in line 5 of Section 2 of said Bill and inserting in lieu thereof the following words: "the Judicial Circuit in which he formerly presided or any adjoining Circuit".
The report of the committee, which was favorable to the passage of the Bill, was agreed to, as amended.

FRIDAY, FEBRUARY 16, 1962

2315

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins
Andrews of Stephens Andrews of Hall Arnsdorff Ballard
Barber Barnett of Wilkes Barrett Baughman
Birdsong Blalock Bozeman Brackin Branch Brantley
Brooks of Fulton Brown Budd
Bynum Caldwell
Chance Chandler Clarke of Monroe Cocke Collins
Cox Crawford Davis Deen Dollar Dorminy
Doster Duncan of Carroll Echols Fitzgerald Fleming Floyd Fordham Fuqua

Hale Hall of Lee Horton
Howard Hull Joiner Jones of Liberty Jones of Worth Jones of Lumpkin
Jones of Sumter Keadle Kelly Knight of Berrien Lane Lee of Clinch
Lee of Clayton Lewis of Wilkinson
Loggins Lokey Lowrey Mackay
Matthews of Clarke Matthews of Colquitt McClelland
McCracken McCutchen McDonald Milhollin
Miller Morgan Morris
Moss Murphy NeSmith Newton Odom Otwell Paris Parker of Screven

Parker of Appling Farmer Payton Phillips of Columbia Poole Potts Purcell Rainey Rodgers of Charlton Rogers of Paulding Ross
Rowland Sheffield Simmons Simpson Sinclair Smith of Grady Smith of Fulton Smith of Habersham Smith of Whitfield Steis
Tabb Taylor of Dawson
Teague Todd Twitty Undercofler
Underwood of Montgomery
Waldrop Walker of Telfair
Ware Watson Wells of Peach Wells of Ocsonee White Williams of Coffee Williams of Hall
Woodward

Those voting in the negative were Messrs.:

Abney Bolton Clark of Catoosa Dunn Harrell

Henderson Parker of Ware Phillips of Bibb Raulerson Roberts

Rutland Stevens Strickland Taylor of Bibb Vaughn

2316

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams Barnett of Baker Black Boggs Bowen of Randolph Bowen of Toombs Boyett Brooks of Oglethorpe Busbee Cloer Coker Conner Crowe Culpepper Dickey Dicus Duncan of Fannin Flexer Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Hall of Floyd Hill

Hodges Hurst Johnson Jordan Keyton Kidd Killian Killingsworth Kimmons King Kirkland Knight of Laurens Langford Lewis of Burke Lovett Massee McGarity Melton Mixon Moate Moore Moorman Mullis Pannell Pelham

Phillips of Walton Pickard Roper Sangster Scarborough Scoggin Shuman Singer Smith of Brantley Story Stuckey Tamplin Taylor of Decatur Thornton Tucker Underwood of Taylor Walker of Lowndes Wells of Camden Wickham Wilkes Willingham Wilson Young Mr. Speaker

On the passage of the Bill, as amended, the ayes were 116, nays 15.

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

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 199. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to covenants run ning with the land, and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON SB 199
The Committee recommends that both the House and Senate recede from their positions on the House Committee Substitute, and that the House Committee Substitute be adopted with the following amendments:

FRIDAY, FEBRUARY 16, 1962

2317

(1) By adding in the caption following the semi-colon after the word "adopted", the following: "to limit the time within which restric tive covenants may be enforced in cases where no time limit is set forth in the instrument imposing such restrictive covenants:"
(2) By adding a new sentence after the word "adopted" in Section 1, and at the end of the amended Code Section 29-301 to read as follows: "Provided further, that in cases where covenants restricting lands to certain uses are imposed, and no time limit is set forth in the instru ments imposing such restrictive covenants, the same shall not be en forceable after fifteen years form the date of the instrument imposing such restrictions."

Mr. Hale of Dade Mr. Andrews of Hall Mr. Steis of Harris Senator Lambert of the 28th Senator Overby of the 33rd Senator Knox of the 54th

Mr. Hale of Dade moved that the House adopt the report of the Committee of Conference.

On the motion, the ayes were 105, nays 0.

The report of the Committee of Conference on SB 199 was adopted.

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

HR 739. By Messrs. Fuqua, Hull and Fleming of Richmond:
A RESOLUTION
Expressing regret at the passing of Honorable Samuel H. Swint; and for other purposes.
WHEREAS, the General Assembly of Georgia has learned, with regret, of the untimely passing of the Honorable Samuel H. Swint, President of the Graniteville Company of Augusta, Georgia; and
WHEREAS, the State of Georgia, the City of Augusta and the Nation have suffered a great loss in the passing of this outstanding citizen and industrial leader; and

2318

JOURNAL OF THE HOUSE,

WHEREAS, Mr. Samuel H. Swint was a pioneer in the textile industry, who rose from the ranks to the position of President of the Graniteville Company, and brought this firm to the forefront of the textile industry through sound, progressive, outstanding leadership and direction; and

WHEREAS, he was greatly beloved by his employees for his devo tion to them, his interest in their well-being and welfare, and had, in fact, just been honored for his humanitarian efforts in behalf of the working men;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses sincerest regrets in the passing of this beloved and valuable citizen.

BE IT FURTHER RESOLVED that deepest sympathy be extended to the family of Mr. Swint and to the Graniteville Company and that the Clerk of the House is hereby authorized and directed to transmit suitable copies of this Resolution to the aforesaid.

SR 182. By Senators Sanders of the 18th and Towson of the 16th:
A RESOLUTION
Creating an interim legislative committee to make a study of the taxes affecting industries; and for other purposes.
WHEREAS, there are many taxes authorized by the laws of the State of Georgia that are assessed against the industries of this State; and
WHEREAS, the officials of the municipalities and counties of the State of Georgia and the officials of the State of Georgia are con stantly prevailing upon and encouraging industries to locate and expand in the State of Georgia; and
WHEREAS, some industries have voiced objections to the tax laws of the State of Georgia relating to industries; and
WHEREAS, the events that have transpired during the 1962 Ses sion of the General Assembly have shown that there is a desirability for a study to be made of all the tax laws of the State of Georgia relat ing to industry;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof and three members of the Senate to be appointed by the Lieutenant Governor in his capacity as President of the Senate; the Speaker of the House of Representatives and the Lieutenant Governor, in his capacity as President of the Senate, shall

FRIDAY, FEBRUARY 16, 1962

2319

appoint one member from each of the following State departments and institutions to the committee herein created:
1. The Department of Revenue of the State of Georgia. 2. The Department of Commerce of the State of Georgia. 3. University of Georgia. 4. Institute of Technology. 5. Georgia State College.;

and the Speaker of the House of Representatives and the Lieutenant Governor, in his capacity as the President of the Senate, shall also appoint to said committee, one member from persons representing in dustry, one member from persons representing labor and one person from the Georgia State Chamber of Commerce. All members of the Committee shall be appointed within 30 days after adjournment of the 1962 Session of the General Assembly.

BE IT FURTHER RESOLVED that the committee shall have power and authority to study and analyze all of the tax laws of the State of Georgia, to study, evaluate and analyze the effect of such tax laws on industries located in the State of Georgia and industries desir ing to locate in the State of Georgia. The committee shall be further empowered and authorized to recommend any and all changes in the tax laws and the administration thereof, which would in the opinion of said committee, encourage industries to locate in the State of Georgia and to encourage the expansion of industries presently located in the State of Georgia.

BE IT FURTHER RESOLVED that the members appointed to said committee from the members of the General Assembly shall, within 30 days after their appointment, meet, organize and elect a Chairman of said committee, a vice chairman of said committee and a secretary of said committee. Said committee shall be authorized to meet and per fect its organization conformable to the provisions of this Resolution. A majority of the members of said committee appointed from the General Assembly of Georgia shall constitute a quorum for the trans action of any business of the committee.

BE IT FURTHER RESOLVED that said committee shall be au thorized and empowered to hold hearings, to receive suggestions and statements from interested persons concerning the purposes of said Resolution.

BE IT FURTHER RESOLVED that the committee may designate and appoint subcommittees to perform such functions and to report to the committee in such way as the committee may direct. The committee may, either by itself or through a subcommittee from its membership, hold hearings, conduct investigations, and take any other action neces sary to collect data and obtain information necessary, helpful or rele vant to the preparation or drafting of this report, legislation or Con stitution Amendments dealing with the subject matter of this Reso lution.

2320

JOURNAL OP THE HOUSE,

BE IT FURTHER RESOLVED that the Speaker of the House of Representatives and the Lieutenant Governor, in his capacity as Presi dent of the Senate, are hereby authorized and empowered to assign quarters and suitable space for the use of the committee. The Chair man of said committee with the advice and consent of the members of the committee appointed from the General Assembly of Georgia is here by authorized to employ such technical, clerical and legal assistance to aid the committee in the performance of its duties, as may be deemed proper and to fix their compensation.

BE IT FURTHER RESOLVED that the members of the com mittee created by this Resolution shall have power and authority to meet for such days as it determines necessary for the carrying out the purposes of this Resolution and the members of the committee who are members of the General Assembly of Georgia and the members of the committee appointed from labor, industry, and the Georgia State Cham ber of Commerce shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The members of the committee from the various departments and insti tutions of the State of Georgia shall receive their actual expenses in curred in connection with their services on the committee herein created. The committee shall be authorized to obtain by purchase, rental or loan any supplies or equipment that may be needed by said committee. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.

BE IT FURTHER RESOLVED that said Committee shall make a report of its recommendations, studies and investigations as set forth in this Resolution to the 1963 Session of the General Assembly of Georgia on or before January 15, 1963 and said committee shall stand abolished as of that date.

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 1218. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act so as to fix the salaries of the members of the Joint City-County Board of Tax Assessors in certain counties; and for other purposes.

The following Senate amendment was read:
Senator Brown of the 52nd moves to amend HB 1218 by adding to the end of Section 1 the following sentence:
"The salary of the Office Manager shall be $9,000.00 per an num, which shall be divided into monthly, semi-monthly or other installments."

FRIDAY, FEBRUARY 16, 1962

2321

Mr. Smith of Fulton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 1218 was agreed to.

HE 1084. By Messrs. Brooks and Smith of Fulton:
A Bill to be entitled an Act to fix the salary of judges of juvenile courts in certain counties; and for other purposes.

The following Senate amendment was read:
Senator Brown of the 52nd moves to amend HB 1084 by striking Sections 1, 2 and 3 of the Bill in their entirety and substituting in lieu thereof the following:
Section 1. Juvenile Court Judge's Salary. In the counties of Georgia having a population of 500,000 or more by the last or any future United States Census, the salary of the judge of the juvenile court shall be in the sum of $17,400.00 per annum, payable in equal monthly amounts, out of the county treasury of such county.
Section 2. The increased compensation provided by this statute shall be effective January 1, 1963.
Section 3. The increased compensation provided by this stat ute, over and above the amount of $15,000.00, shall not operate to increase the amount of pension payable upon retirement of the of ficer whose compensation is thus increased, nor shall the amount of compensation over and above $15,000.00 be assessable for pen sion purposes. Before such increased compensation shall be due and payable, such officer shall execute a written waiver to be pre pared by the County Attorney in which such officer shall agree that the increased compensation, over and above the amount of $15,000.00, provided herein, shall not operate to increase the amount of pension payable to the officer upon retirement, nor shall the amount of compensation over and above $15,000.00 be assessable for pension purposes.
Section 4. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Smith of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 1084 was agreed to.

2322

JOURNAL OF THE HOUSE,

HB 1231. By Messrs. Brooks, McClelland and Smith of Fulton.
A Bill to be entitled an Act to amend an Act relating to the abolition of justice courts in certain counties; and for other purposes.

The following Senate amendment was read:
Senator Brown of the 52nd moves to amend HB 1231 in the fol lowing particulars:
Amend Section 1 by striking the words and figures "sixteen thou sand two hundred ($16,200) dollars" and substituting in lieu thereof "seventeen thousand four hundred ($17,400) dollars", and by striking the words and figures "fifteen thousand six hundred ($15,600.00) dol lars" and substituting "sixteen thousand eight hundred ($16,800) dol lars"; also, delete the last sentence of Section 14-A in Section 1 which reads "This section is to be effective when this Act is approved by the Governor" and insert in lieu thereof this sentence: "The increased compensation provided by this statute shall be effective January 1, 1963"; so that Section 14-A shall read as follows:
"Section 14-A. The annual salary of the chief judge of said court shall be seventeen thousand four hundred ($17,400.00) dol lars, and the annual salary of the associate judges of said court shall be sixteen thousand eight hundred ($16,800.00) dollars, and shall be paid in equal monthly installments upon vouchers approved by the chairman of the board of commissioners of roads and reve nues of Fulton County, or his order, and drawn upon the county treasurer of Fulton County; provided, that no judge or other offi cial of said court shall receive to his own use any fees or perqui sites of office. The increased compensation provided by this statute shall be effective January 1, 1963."
Said bill is further amended by adding a new section to be known as Section 14-B, as follows:
"Section 14-B. The increased compensation provided by this statute shall not operate to increase the amount of pension payable upon retirement to the officer whose compensation is thus in creased. Before such increased compensation shall be due and pay able, such officer shall execute a written waiver to be prepared by the County Attorney in which such officer shall agree that the increased compensation provided herein shall not operate to in crease the amount of the pension payable to such officer upon retirement."

Mr. Smith of Fulton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 1231 was agreed to.

FRIDAY, FEBRUARY 16, 1962

2323

HB 1230. By Messrs. Brooks, McClelland and Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to fix the salaries of the judges and the solicitor-general of the Criminal Court of Fulton County; and for other purposes.

The following Senate amendment was read:
Senator Brown of the 52nd moves to amend HB 1230 in the fol lowing particular:
Amend Section 1 by striking therefrom the words and figures "fifteen thousand six hundred dollars ($15,600.00)" and substituting in lieu thereof the words and figures "sixteen thousand eight hundred dollars ($16,800.00)"; and by striking at the end of the section the date "January 1, 1962" and inserting in lieu thereof "January 1, 1963"; so that Section 1 shall now read as follows:
"Section 1. The Act establishing the Criminal Court of At lanta, approved September 6, 1891, and the Act amending said Act approved February 23, 1935, and the Act amending said Act ap proved March 28, 1935, and as further amended by an Act approved January 27, 1951, and by an Act approved March 6, 1956 and an Act approved February 26, 1957, and other Acts amendatory to said Act establishing the Criminal Court of Atlanta, be and the same is hereby amended by providing as follows:
"From and after the passage of this Act the annual salaries of the judges and the solicitor-general of said court shall be sixteen thousand eight hundred dollars ($16,800.00) each payable monthly out of the treasury of Fulton County in equal monthly installments beginning as of January 1, 1963."
Said bill is further amended by adding a new section to be num bered "Section l(a) to read as follows:
"Section l(a). The increased compensation provided by this statute shall not operate to increase the amount of pension pay able upon retirement to the officer whose compensation is thus increased. Before such increased compensation shall be due and payable, such officer shall execute a written waiver to be prepared by the County Attorney in which such officer shall agree that the increased compensation provided herein shall not operate to in crease the amount of the pension payable to such officer upon retirement."

Mr. Smith of Fulton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

2324

JOURNAL OF THE HOUSE,

The Senate amendment to HB 1230 was agreed to.

HB 1160. By Messrs. Smith and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing a pension sys tem for teachers in Fulton County; and for other purposes.

The following Senate amendment was read:
Senator Brown of the 52nd moves to amend HB 1160 (Substitute) as previously amended, by striking subsection (g), paragraph 1 of Sec tion I in its entirety and adding in lieu thereof a new subsection (g), paragraph 1 to read as follows:
"(g) In addition to the payments required to be made in subparagraph (f) above, any teacher or employee who may become a participant under this amendment shall be entitled to all bene fits and receive credit for all the years of his creditable service, provided he shall pay into the Fund the sum of five percent (5%) of his total salary from the time his salary exceeded $300.00 per month and he was employed by the Fulton County Board of Edu cation, if he does not provide for the payment of a pension to a beneficiary; and the sum of six percent (6%) of his total salary from the time his salary exceeded $300.00 per month and he was employed by the Fulton County Board of Education if he does provide for the payment of a pension to a beneficiary. Payments previously made to the Pension Fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%).
Senator Brown further moves to amend said Bill by adding in para graph (d) of Section 1 of said Bill after the words "seventy-five per cent (75%) of the average monthly salary used in computing the pen sion benefits under the terms of this amendment", the words "or five hundred ($500.00) dollars per month, whichever is less."

Mr. Smith of Fulton moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 1160 was agreed to.

HB 1220. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to establish in DeKalb County districts from which the members of the County Board of Education shall be selected; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2325

The following Senate amendment was read:

Senator McWhorter of the 34th moves to amend HB 1220 by strik ing Section 4 and inserting a new Section 4 to read as follows:

"The Board of Education established herein shall consist of a member from each of the said School Board Districts. Each mem ber of the Board of Education shall be elected by the qualified
voters of the School Board District in which he resides, but each candidate for membership on the Board shall have been a resident for at least one (1) year of the School Board District which he offers to represent and no two (2) members shall reside in the same School Board District. A candidate for election to the said Board of Education of DeKalb County shall designate the post for which he offers and the candidate receiving the largest number of votes for the post shall be declared elected to such post. Should a member of the said Board of Education move from the district he represents, his office shall be vacant."

Mr. Mackay of DeKalb moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 1220 was agreed to.

HB 1245. By Messrs. Rutland, Howard and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act establishing juvenile courts in certain counties; and for other purposes.
The following Senate amendment was read:
Senator McWhorter of the 34th moves to amend HB 1245 as fol lows:
By changing the last sentence of Section 1 to read as follows:
"The salary of the Juvenile Court Judge in such counties shall be $11,500.00 per annum, payable by the county in equal monthly installments on the first day of each month."
Mr. Mackay of DeKalb moved that the House agree to the Senate amend ment.

2326

JOURNAL OP THE HOUSE,

On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 1245 was agreed to.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

The Senate dissolved the Committee of Conference on the following Bill of the House:

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A Bill to amend an Act known as the Minimum Foundation Program for Education, so as to provide for the manner in which certain funds shall be expended; and for other purposes.

The president appointed as a new Committee of Conference on the part of the Senate Senators Gardner of the 47th, McWhorter of the 50th and Jones of the 23rd.

The Senate receded from its position in amending the following Bill of the House:
HB 1200. By Messrs. McClelland, Brooks and Smith of Fulton: A Bill to amend an Act pertaining to Coroner's fees in certain coun ties; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 740. By Mr. Twitty of Mitchell: A Resolution providing for the adjournment sine die of the General Assembly at 3:00 o'clock, p. m., February 16, 1962, and for other pur poses.
HR 741. By Mr. Adams of Polk: A RESOLUTION
Commending the Honorable Samuel Braly of the 38th and the Hon orable C. L. Ayers of the 31st; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2327

WHEREAS, the Honorable Samuel Braly and Honorable C. L. Ayers have given freely of their time and abilities in giving prescrip tions and their expert medical attention to the members of the House of Representatives; and

WHEREAS, the members of this body realize the strain and extra burden which was placed upon them because of this free medical atten tion; and

WHEREAS, Dr. Braly and Dr. Ayers are seldom compensated for this expert medical advice and treatment.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Samuel Braly and Honorable C. L. Ayers are hereby commended for their expert medical attention and advice which they rendered so freely during the 1962 Session of the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appro priate copy of this Resolution to the Honorable Dr. Braly and the Hon orable Dr. Ayers.

HR 742. By Mr. McDonald of White:
A RESOLUTION
Recommending that an ultramodern scenic highway be built from the Blue Ridge District on U. S. Highway 129, running north and join ing the Richard B. Russell Highway at Tesnattee Gap (Tesnattee Gap).
WHEREAS, that section of Georgia from the Blue Ridge District on U. S. Highway 129, north to the Richard B. Russell Highway at Tesnattee Gap is one of the most beautiful and scenic sections of our State; and
WHEREAS, it is a popular area visited by thousands of tourist each year; and
WHEREAS, it would be of great benefit to the State if an ultra modern scenic highway were built from the Blue Ridge District on U. S. Highway 129, running north to the Richard B. Russell Highway at Tesnattee Gap.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it is recommended that, through a concerted effort by the local, state and federal governments, an ultra modern scenic highway be built from the Blue Ridge District on U. S. Highway 129, running north and joining the Richard B. Russell High way at Tesnattee Gap.

2328

JOURNAL OF THE HOUSE,

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:

HB 1071. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize clerks of the superior court to destroy certain books; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Judiciary offered the following amend ment:
Amend HB 1071 by deleting the words and figures "ten (10)" in the seventh line of the caption of said bill, and inserting in lieu thereof the words and figures "fifteen (15)" and by deleting the words and figures "ten (10)" in Section 1 (a) of said bill and inserting in lieu thereof the words and figures "fifteen (15)".

Mr. Fleming of Richmond moved that the House agree to the Senate amend ment.

On the motion to agree, the ayes were 112, nays 0.

The Senate amendment to HB 1071 was agreed to.

HB 1162. By Messrs. Brooks and Smith of Fulton: A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to employees; and for other purposes.
The following Senate amendment was read:
Senator McWhorter of the 34th District moves to amend HB 1162 (AM) by adding in paragraph (d) of Section 1 of said bill after the words, "seventy-five percent (75%) of the average monthly salary used in computing the pension benefits under the terms of this amend ment," the words "or five hundred ($500.00) dollars per month, which ever is less."
Mr. Smith of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.

FRIDAY, FEBRUARY 16, 1962

2329

The Senate amendment to HB 1162 was agreed to.

The following Bill of the House was taken up for the purpose of consider ing the report of the third Committee of Conference thereon:
HB 228. By Messrs. Twitty of Mitehell, Lovett of Laurens and Cox of Clarke: A Bill to be entitled an Act to amend an Act so as to provide for final settlements of disputed claims subject to approval of the State Board of Workmen's Compensation; and for other purposes.

The following report of the Committee of Conference was read: Mr. President and Mr. Speaker:
Your Conference Committee on HB 228 has met and makes the following recommendation:
That the House recede from its position on Senate Amendments 1 and 2 offered to HB 228 and that the Bill be passed, as amended, by the Senate.
Respectfully submitted,
Jackson of 24th Lambert of 28th Sanders of 18th Cox of Clarke Rutland of DeKalb Williams of Hall
Mr. Cox of Clarke moved that the House adopt the report of the Committee of Conference.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Arnsdorff Barber Birdsong Bolton Bowen of Randolph Bozeman Brackin

Brantley Brooks of Oglethorpe Brown Budd Busbee Bynum Caldwell Collins

Cox Davis Been Dollar Dorminy Duncan of Carroll Echols Fleming

2330

JOURNAL OP THE HOUSE,

Flexer Floyd Fowler of Douglas Fuqua Hale Hill Horton Hull Hurst Joiner Jones of Worth Jones of Lumpkin Killian Knight of Berrien Langford Lee of Clinch Lokey Lowrey Matthews of Clarke Matthews of Colquitt

McCracken McCutchen McDonald Milhollin Miller Moore Morgan Morris NeSmith Otwell Farmer Phillips of Columbia Potts Purcell Roper Rowland Rutland Sangster Sheffield Simmons

Sinclair Smith of Grady Smith of Fulton Smith of Habersham Steis Strickland Tabb Taylor of Dawson Taylor of Bibb Todd Twitty Undercofler Waldrop Ware Wells of Peach Wells of Oeonee Wilkes Williams of Hall Young

Those voting in the negative were Messrs.:

Akins Andrews of Hall Ballard Barnett of Wilkes Baughman Black Boyett Brooks of Fulton Chance Clark of Catoosa Clarke of Monroe Crawford Doster Dunn Fitzgerald Funk Hall of Lee Harrell Henderson

Jones of Sumter Keadle Kidd Knight of Laurens Lewis of Wilkinson Loggins McGarity Mixon Moorman Moss Murphy Odom Paris Parker of Ware Payton Phillips of Bibb Poole Rainey Raulerson

Roberts Rogers of Paulding Ross Scarborough Shuman Simpson Smith of Whitfield Stevens Teague Thornton Tucker Vaughn Walker of Telfair Williams of Coffee Willingham Wilson Woodward

Those not voting were Messrs.:

Adams Andrews of Stephens Barnett of Baker Barrett Blalock
Bowen of Toombs Branch Chandler

Cloer Cocke Coker Conner Crowe Culpepper Dickey Dicus Duncan of Fannin

Flynt Fordham Fowler of Treutlen Greene Hall of Floyd Hodges Howard Johnson Jones of Liberty

Jordan Kelly Keyton Killingsworth Kimmons King Kirkland Lane Lee of Clayton Lewis of Burke Lovett Mackay Massee McClelland

FRIDAY, FEBRUARY 16, 1962

2331

Melton Moate Mullis Newton Pannell Parker of Screven Parker of Appling Pelham Phillips of Walton Pickard Rodgers of Charlton Scoggin Singer Smith of Brantley

Story Stuckey Tamplin Taylor of Decatur Underwood of
Montgomery Underwood of Taylor Walker of Lowndes Watson Wells of Camden White Wickham Mr. Speaker

On the motion, the ayes were 83, nays 55.

The motion, having failed to receive the requisite constitutional majority, was lost, and the House rejected the report of the third Committee of Conference report on HB 228.

Mr. Raulerson of Echols arose to a Point of Personal Privilege and ad dressed the House.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 126. By Messrs. Hall of Floyd and Matthews of Clarke:
A Bill to be entitled an Act to amend the Minimum Foundation Pro gram for Education Act; and for other purposes.

The following report of the Committee of Conference was read:
Mr. Speaker and Mr. President:
Conference Committee Report on HB 126:
Your Conference Committee on HB 126 has met and submits the following report:
Recommends that we accept HB 126 as amended and passed by the Senate.

2332

JOURNAL OF THE HOUSE,
Hamilton McWhorter, Jr., Senator, 50th District
W. T. Jones, Senator, 23rd District
Sam J. Gardner, Jr., Senator, 47th District
J. Battle Hall, Representative Floyd County
Frank S. Twitty, Representative Mitchell County
George B. Brooks, Representative Oglethorpe County

Mr. Hall of Floyd moved that the House adopt the report of the Committee of Conference.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Arnsdorff Ballard Barnett of Wilkes Barrett Baughman Birdsong Boggs Bowen of Randolph Boyett Bozeman Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Collins Cox Crawford Davis Deen Dollar Dorminy

Duncan of Carroll Echols Fitzgerald Floyd Fordham Fowler of Douglas Hale Hall of Floyd Harrell Henderson Horton Howard Hull Joiner Jones of Lumpkin Jones of Sumter Keadle Kelly Kidd Knight of Laurens Langford Lee of Clinch Lee of Clayton Lewis of Wilkinson Lewis of Burke Loggins

Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McGarity Milhollin Miller Mixon Moate Moore Moorman Morgan Morris Murphy Otwell Parker of Screven Parker of Ware Payton Phillips of Columbia Phillips of Bibb Pickard Poole Potts Rainey

FRIDAY, FEBRUARY 16, 1962

2333

Raulerson Rodgers of Charlton Rogers of Paulding Ross Rowland Rutland Sangster Scarborough Scoggin Sheffield Shuman

Simmons Smith of Fulton Smith of Whitfield Stevens Story Taylor of Dawson Taylor of Bibb Teague Thornton Todd Undercofler

Underwood of Montgomery
Vaughn Waldrop Ware Wells of Peach Williams of Coffee Willingham Wilson Young

Those voting in the negative were Messrs.:

Barber Bolton Doster Dunn Hall of Lee

Jones of Worth NeSmith Odom Parker of Appling Sinclair

Tabb Twitty Woodward

Those not voting were Messrs.:

Adams Andrews of Stephens Barnett of Baker Black Blalock Bowen of Toombs Brackin Branch Brantley Budd Busbee Chance Chandler Clarke of Monroe Cloer Cocke Coker Conner Crowe Culpepper Dickey Dicus Duncan of Fannin Fleming Flexer Flynt Fowler of Treutlen Funk

Fuqua Greene Hill Hodges Hurst Johnson Jones of Liberty Jordan Keyton Killian Killingsworth Kimmons King Kirkland Knight of Berrien Lane Lovett Massee Matthews of Colquitt McCutchen McDonald Melton Moss Mullis Newton Pannell Paris Farmer

Pelham Phillips of Walton Purcell Roberts Roper Simpson Singer Smith of Grady Smith of Brantley Smith of Habersham Steis Strickland Stuckey Tamplin Taylor of Decatur Tucker Underwood of Taylor Walker of Lowndes Walker of Telfair Watson Wells of Oconee Wells of Camden White Wickham Wilkes Williams of Hall Mr. Speaker

On the motion, the ayes were 109, nays 13.

2334

JOURNAL OF THE HOUSE,

The motion prevailed, and the House adopted the report of the Committee of Conference on HB 126.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

The Senate has agreed to the Committee of Conference on the following Bill of the House:

HB 126. By Messrs. Hall of Floyd, Matthews of Clarke and Jernigan of Clinch:
A Bill to amend an Act known as the Minimum Foundation Program for Education, so as to provide for the manner in which certain funds shall be expended; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to wit:

HB 1258. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the City of Commerce, so as to provide for the registration of voters; and for other purposes.

The following Bill of the House was taken up for the purpose of consider ing the Senate substitute thereto:

HB 1258. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act so as to provide for the registration of voters in the City of Commerce; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, so as to provide that where a sale of any public utility is con templated, approval of said sale must be given by the residents of said City in a referendum; to strike from Section 31 of said Act the fol lowing language:
", and provided, further, that the said Mayor and Council of the City of Commerce shall not have the right to grant licenses to

FRIDAY, FEBRUARY 16, 1962

2335

any person or persons or corporations running billiards, bagatelle, or pool tables, or other tables of like character, nor licenses to pawnbrokers, within the incorporate limits of said City of Com merce; provided, further that nothing herein shall prevent the Mayor and Council from granting licenses for the operation of box ball or bowling alleys within the incorporate limits of said City of Commerce";

to provide for the permanent registration of voters; to provide for a Permanent Qualification Book; to provide for a City Board of Regis
trars; to define the powers, authority and duties of said Board of Regis trars; to define the procedure connected therewith; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, is hereby amended by adding thereto a new Section to be known as Section 1 A, to read as follows:

Section 1 A. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, that whenever the mayor and council of the City of Commerce deem it necessary to sell any of the public
utilities which are owned by the City of Commerce, they shall sub mit the proposal for said sale to the registered and qualified voters of Commerce for their approval or rejection. Said referendum shall be managed as other referendums except that if the sale is to be approved a majority of the registered and qualified voters must
vote and a majority of those voting must vote for approval. If the conditions in the foregoing sentence are not met and a majority of the registered and qualified voters vote against said sale, said sale shall not be made."

Section 2. Said Act is further amended by striking from Section 31 thereof the following language:

", and provided, further, that the said Mayor and Council of the City of Commerce shall not have the right to grant licenses to any person or persons or corporations running billiard, bagatelle, or pool tables, or other tables of like character, nor licenses to pawnbrokers, within the incorporate limits of said City of Com merce; provided, further that nothing herein shall prevent the Mayor and Council from granting licenses for the operation of box ball or bowling alleys within the incorporate limits of said City of Commerce";

so that when so amended said Section shall read as follows:
"Section 31. Be it enacted by the authority aforesaid, that it is hereby enacted by the same, that the Mayor and Council of the City of Commerce shall have sole power to grant licenses in said city and to fix the price of such licenses and the terms and regu-

2336

JOURNAL OP THE HOUSE,

lations on which same may be granted; provided, however, that the Mayor and Council of the City of Commerce shall never have power to license the sale of spiritous malt, vinous, alcoholic or intoxicating liquors, or beers of any kind in the said City of Corn-

Section 3. Said Act is further amended by striking Section 44 in its entirety and inserting in lieu thereof a new Section 44 to read as follows:
"Section 44. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the City Clerk of the City Council of the City of Commerce shall be required to keep a book to be called the Permanent Qualification Book, upon which all persons desiring to qualify as voters shall be required to qualify as now required by the laws of this State, and especially the laws governing the City of Commerce. Such voters, upon qualification, shall sign their names in alphabetical order, and shall be subject to examination by the City Board of Registrars, in the manner hereinafter provided. Said Permanent Qualification Book shall be in the custody and possession of the City Clerk of the City of Com merce, and shall be available during the office hours of the said City Clerk, for any qualified voter or voters who may desire to registered at any time. It shall be the duty of the Clerk, upon appli cation in person, and not by proxy, of any citizen who is qualified to vote for members of General Assembly and who upon the date of the election, if then a resident, will have resided in said City of Commerce for six months prior thereto, to allow such person to register his or her name and color, recording on such Permanent Registration Book, beside the applicant's name, his or her age and ward in which said citizen lives or resides. Said Clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, and shall in every case, before registering the applicant, administer to him the following oath: "You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months in Jackson County six months, and in the City of Commerce six months, or that by the date of the next City election, if still a resident of the City, you will have fulfilled these conditions; that it is your intention to remain a resident of the City until the date of the election; that you are eighteen years old." It shall be the duty of the Clerk to have written or printed the above oath on the front page of said Permanent Qualification Book, and to require the applicant for registration to swear to said oath, and to sign his name thereto, or by some one authorized to do so for him; that such voters who have qualified and have signed the Permanent Qualification Book shall not thereafter be required to register or further to qualify except as may be re quired by the City Board of Registrars, and such voters shall in all cases be entitled to receive the same notice and shall have the same rights as given by law under the provisions of this Act; provided that no person shall remain registered longer than he or she retains the qualification under which he or she registered.
Be it further enacted by the authority aforesaid, That no voter shall be entitled to vote in the general election for Mayor and Council to be held on the first Wednesday in December, 1963, and

FRIDAY, FEBRUARY 16, 1962

2337

biennially thereafter, after the passage of this Act, unless such voter has registered upon said Permanent Qualification Book at least ten days prior thereto. For any primary, intermediate or special election in said City of Commerce for any purpose no voter shall be permitted to vote in any primary, intermediate or special election who has not registered upon said Permanent Qualification Book at least ten days before the primary, special or intermediate elections are held in said City for any purpose."

Section 4. Said Act is further amended by inserting therein a new Section 45 to read as follows:

"Section 45. Be it further enacted by the authority aforesaid, That on or before the 20th day of November of each year after the passage of this Act it shall be the duty of the Mayor and Council of the City of Commerce to appoint three competent per sons, who shall be qualified voters of the City of Commerce, who shall constitute the Board of City Registrars for said City of Com merce. Before entering upon his duties, each of the said City Regis trars shall take the following oath before some officer authorized to administer oaths under the laws of this State, to-wit: "You do solmnly swear that you will faithfully and impartially discharge to the best of your ability the duties imposed upon you by law as City Registrar for the City of Commerce." Said oath shall be filed with the City Clerk on the day following their appointment or as soon thereafter as practicable, it shall be the duty of the City Board of Registrars to meet at the office of the Clerk of the City of Commerce, and at their first meeting they shall elect a Chairman of said Board, and the City Clerk of the City of Commerce shall be Ex-Officio Clerk of said Board of City Registrars and it shall be the duty of said City Clerk to furnish to said Board of City Registrars from the Permanent Qualification Book, and it shall also be the duty of said City Clerk at the same time to furnish to the said Board of City Registrars, a complete list of all persons who are registered upon said Permanent Qualification Book and it shall be the duty of the said Registrars to inspect and examine said list carefully, and if it shall appear to them that any person or persons whose names appear upon said Permanent Qualification Book is not a legally qualified voter of said City of Commerce, it shall be the duty of said Registrars to serve notice upon such person that his right to have his or her name remain upon said Permanent Qualification Book is challenged by said Board of Registrars. Said notice shall be served upon such person or persons who may be challenged, by the City Marshal of the City of Commerce in per son, at least three days before the time fixed for the hearing be fore said Board of Registrars. Said notice shall be prepared in duplicate, and the said City Marshal shall make his entry upon the original notice and serve the copy upon such person challenged. Said notice shall be directed to the person challenged, and shall bear the name of the Chairman of the Board, and shall be signed by the City Clerk, and said notice shall state the place and date and hour when said voter will be heard as to his right to have his or her name appear upon said Permanent Qualification Book. Said notice shall state that said Board of Registrars challenges the right of the name of such person to remain upon said Permanent Qualification Book. If such person challenged shall fail to appear

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JOURNAL OP THE HOUSE,

at the time and place fixed in the notice, said Registrars shall have the right and power to proceed ex parte to determine whether or not said person's name shall remain upon said Permanent Qualifi cation Book, but if such person shall appear, he or she shall have the right to submit evidence and to be heard as to his or her right to have his or her name remain upon said Permanent Qualification Book. The action of said City Board of Registrars in passing and determining as to whose name shall remain upon said Permanent Qualification Book may be appealed to the City Council for final determination, and no person shall be permitted to vote in any general or special election except such voters whose names are certified to by said City Board of Registrars as being the persons whose names appear upon said Permanent Qualification Book as legally qualified voters of the said City of Commerce. After said City Board of Registrars have completed their investigation and all hearings as to such voter or voters challenged, it shall be the duty of said City Board of Registrars to make up and furnish to the City Clerk a list of the names of such voters whose names are upon the Permanent Qualification Book, and said City Clerk shall, on the morning of any general or special election, before the polls are opened, deliver said certified list received by him from said Board of Registrars to managers of said election, along with other election papers, and no person shall be permitted to vote at said general or special election whose name does not appear upon said certified list so furnished by said Board of Registrars.

For any primary, intermediate, or special election held in said City of Commerce for any purpose, said Board of Registrars shall meet within ten days before such primary, special or intermediate election, and shall purge said list of the names of any persons whose names appear upon said Permanent Qualification Book, and certifying the same to the City Clerk in the same manner as herein provided for purging said list of voters for any general election.

In determining as to the names of persons to remain upon said Permanent Qualification Book, it shall be the duty of said City Board of Registrars to examine the book and records of the Board of Registrars of Jackson County, Georgia, and ascertain if any person or persons whose name appeared upon said Permanent Qualification Book are not qualified to vote for members of the General Assembly of this State. The compensation to be received by said City Board of Registrars shall be fixed by the Mayor and Council."

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Barber of Jackson moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 103, nays 0. The Senate substitute to HB 1258 was agreed to.

FRIDAY, FEBRUARY 16, 1962

2339

The following Bills of the House were taken up for the purpose of consider ing the Senate amendments or substitutes thereto:

HB 608. By Messrs. Steis of Harris, Ross of Lincoln and others:
A Bill to be entitled an Act to amend an Act so as to exempt certain merchants from municipal taxation; and for other purposes.

The following Senate amendment was read:
Senator Lambert of the 28th moves to amend HB 608 by adding a new sub section to read as follows:
"The provisions of this Act shall not apply to counties having a population over 150,000 according to the 1960 census of the United States."

Mr. Steis of Harris moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 608 was agreed to.

HB 723. By Messrs. McCutchen of Gilmer, Akins of Union, Poole of Pickens and Branch of Tift.
A Bill to be entitled an Act to authorize the fixing of reasonable qualification fees for certain candidates; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to authorize the fixing of a reasonable quali fication fee for candidates in the general election for certain county officers and members of the General Assembly; to provide for the disposition of such fees; to provide for the procedure connected there with; to provide for an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The governing authority of each County is hereby au-

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JOURNAL OF THE HOUSE,

thorized to prescribe a reasonable qualification fee for each candidate in the general election for the offices of Clerk of the Superior Court, Sheriff, Ordinary, Tax Commissioner, Tax Collector, Tax Receiver, County Commissioner, County School Superintendent, member of County Board of Education, Coroner, Treasurer, Surveyor, and for membership in the General Assembly. All such fees prescribed shall be fixed by the governing authority of the County at least six months prior to the gen eral election for which such fees shall apply, and the offices and the fees therefor shall be posted on the bulletin board in the Courthouse of the County at the time such fees are fixed and shall remain there until the date for qualifying has passed. All such fees shall be paid to the Ordinary of the County at the time any such candidate qualifies and the Ordinary shall keep accurate written records thereof. All such fees shall be paid by the Ordinary to the governing authority of the County for the use of the County and such fees shall be used to help defray the cost of holding such elections. No candidate who was nominated in a political party primary shall be required to pay any such qualification fee.

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

Mr. McCutchen of Gilmer moved that the House agree to the Senate substitute.

On the motion to agree, the ayes were 106, nays 2.

The Senate substitute to HB 723 was agreed to.

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HR 667-1281. By Mr. Stuckey of Dodge:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of Dodge County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the Dodge County Development Authority; and for other purposes.

HR 669-1281. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to pro vide for the General Assembly to prescribe the number of members of the DeKalb County Board of Education and the method of electing said members; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2341

HR 643-1213. By Mr. Keadle of Lamar:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Lamar County; and for other purposes.

HB 1244. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to amend an Act providing for election precincts in certain counties; and for other purposes.

HB 1246. By Messrs. Smith, McClelland and Brooks of Fulton, and Howard, Mackay and Rutland of DeKalb:
A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to the Municipal Revenue Collector; and for other purposes.

HB 1249. By Mr. Vaughn of Rockdale:
A Bill to provide that no minor shall be placed in any private institution in Rockdale County without the consent of the Judge of the Juvenile Court of said County; and for other purposes.

HB 1250. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County; and for other purposes.

HR 655-1231. By Mr. Roper of Greene:
A Resolution proposing an amendment to the Constitution so as to create the Greene County Authority; and for other purposes.

HR 658-1242. By Mr. Moss of Gordon:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to issue certain revenue anticipation obliga tions known as revenue bonds; and for other purposes.

HR 659-1242. By Mr. Moss of Gordon:
A Resolution proposing an amendment to the Constitution so as to authorize Gordon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in said county; and for other purposes.

HR 660-1242. By Mr. Taylor of Dawson: A Resolution proposing an amendment to the Constitution so as to

2342

JOURNAL OF THE HOUSE,

create the Dawson County Industrial Building Authority; and for other purposes.

HE 663-1275. By Mr. Vaughn of Rockdale:
A Resolution proposing an amendment to the Constitution so as to create the Rockdale County Industrial Building Authority; and for other pur poses.

HR 664-1278. By Mr. Smith of Habersham:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Gainesville to issue revenue bonds for the purpose of providing non-profit housing for elderly persons; and for other purposes.

HB 1242. By Mr. Rogers of Paulding:
A Bill to amend an Act supplementing the compensation of the Coroner of Paulding County; and for other purposes.

HB 1243. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Bill to create in certain counties a Tax Collection Study Commission to study the collection and assessment of State and County taxes and municipal taxes of cities lying wholly in such counties; and for other purposes.

HR 499-970. By Mr. Parker of Ware:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions; and for other purposes.

HR 639-1203, By Messrs. Howard, Mackay and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution so as to provide for the establishing, acquiring, constructing etc., a Junior College in the County of DeKalb; and for other purposes.

HR 645-1217. By Messrs. Howard, Mackay and Rutland of DeKalb:
A Resolution proposing an amendment to the Constitution, so as to authorize DeKalb County to levy a tax and/or charge or assessment on any business operating buses in certain areas of DeKalb County; and for other purposes.

HR 646-1217. By Mr. Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2343

HR 647-1221. By Messrs. Duncan and Waldrop of Carroll:
A Resolution proposing an amendment to the Constitution so as to create the Carrollton Payroll Development Authority as a constitutional author ity and public corporation; and for other purposes.

HB 1217. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act establishing a new charter for the City of College Park; and for other purposes.

HB 1222. By Mr. NeSmith of Meriwether:
A Bill to amend an Act incorporating the City of Manchester; and for other purposes.

HB 1223. By Mr. NeSmith of Meriwether:
A Bill to amend an Act incorporating the City of Manchester; and for other purposes.

HB 1224. By Mr. NeSmith of Meriwether:
A Bill to amend an Act incorporating the City of Manchester, so as to allow the governing authority of said City to provide group or other insurance for the benefit of its employees; and for other purposes.

HB 1226. By Mr. Smith of Fulton:
A Bill to amend an Act establishing a new charter for the City of East Point, by reducing the City limits; and for other purposes.

HB 1227. By Mr. Smith of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta, so as to extend the City limits; and for other purposes.

HB 1229. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act establishing a new charter for the City of East Point; and for other purposes.

HB 1232. By Mr. NeSmith of Meriwether:
A Bill to amend an Act incorporating the City of Manchester; and for other purposes.

HB 1240. By Mr. Rogers of Paulding:
A Bill to provide for the appointment of a County Depository for Paulding County; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 1241. By Mr. Rogers of Paulding:
A Bill to abolish the office of County Treasurer of Paulding County; and for other purposes.

HB 1105. By Messrs. Brooks and McClelland of Pulton:
A Bill to amend an Act establishing a new charter for the City of East Point by extending the City limits; and for other purposes.

HB 1108. By Messrs. Brooks and McClelland of Pulton:
A Bill to amend an Act establishing a new charter for the City of East Point, by extending the City limits; and for other purposes.

HB 1110. By Messrs. Brooks and McClelland of Pulton:
A Bill to amend an Act establishing a new charter for the City of College Park to extend its present boundaries; and for other purposes.

HB 1193. By Messrs. Smith and Boyett of Whitfield, Pannell of Murray and others: A Bill to provide for the appointment of an Assistant Solicitor-General in Judicial Circuits in certain counties; and for other purposes.
HB 1208. By Messrs. Coker and Abney of Walker: A Bill to amend an Act creating the Charter of the City of Rossville, so as to change the corporate limits; and for other purposes.
HB 1209. By Messrs. Coker and Abney of Walker: A Bill to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the corporate limits; and for other purposes.

HB 1210. By Messrs. Coker and Abney of Walker:
A Bill to amend an Act creating the Charter of the City of Rossville; and for other purposes.

HB 1216. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to study at causes, effects, rehabilitation and treatment facilities for alcoholics; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2345

HB 660. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to amend an Act providing for pensions for members of Police Departments in certain cities, so as to provide additional pension benefits for all members of the police department of such cities who have served in excess of 30 years at the time of retirement; and for other purposes.

HB 203. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill to amend an Act to amend an Act to provide in certain cities, pensions to officers and employees should be provided; and for other purposes.

HB 682. By Mr. Smith of Fulton:
A Bill to amend an Act providing in Fulton County a system of pensions and retirement pay to Teachers and Employees of the Board of Educa tion of Fulton County, so as to increase pension benefits provided under said Act; and for other purposes.

HB 683. By Mr. Smith of Fulton:
A Bill to amend an Act providing that cities with a certain population shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits for all employees who have served in excess of 25 years at the time of retirement; and for other purposes.

HB 760. By Messrs. Smith, McClelland and Brooks of Fulton:
A Bill establishing a new charter for the City of Atlanta relating to the qualifications of the Mayor; and for other purposes.

HB 1103. By Messrs. Brooks and McClelland of Fulton: A Bill to amend an Act establishing a new charter for the City of East Point by extending the City limits of said City; and for other purposes.
HB 1104. By Messrs. Brooks and McClelland of Fulton: A Bill to amend an Act establishing a new charter for the City of East Point by extending the City limits; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 723. By Messrs. McCutchen of Gilmer, Akins of Union, Poole of Pickens and Branch of Tift:

2346

JOURNAL OF THE HOUSE,

A Bill to authorize the fixing of a reasonable qualification fee for candi dates in the General Election for certain county officers, and members of the General Assembly; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:

HB 608. By Messrs. Steis of Harris, Ross of Linclon, Howard of DeKalb, Caldwell of Upson, Jernigan of Clinch and others:
A Bill to amend an Act which provides for the limitation on Cities' right of taxation by exempting from taxation traveling salesmen, so as to exempt certain merchants and dealers and their employees from municipal taxation; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:

HB 1277. By Messrs. Brooks and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of East Point, relating to land lots; and for other purposes.

HB 1279. By Messrs. Dicus, Wickham and Pickard of Muscogee: A Bill to amend an Act relating to ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus; and for other purposes.
HB 1281. By Mr. Akins of Union: A Bill to amend an Act defining and enlarging the jurisdiction of courts of Ordinary, so as to provide that the Clerk of the Superior Court shall attend the Court of Ordinary in all cases for violation of traffic laws in certain counties; and for other purposes.
HR 105. By Mr. McCracken of Jefferson: A Resolution providing for the investigation of Ordinaries Retirement Fund of Georgia; and for other purposes.
HB 1254. By Messrs. Birdsong and Ware of Troup: A Bill to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain property; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2347

HB 1255. By Mr. Miller of Elbert:
A Bill placing the clerk of the Superior Court of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.

HB 1256. By Mr. Miller of Elbert:
A Bill to amend an Act creating the Board of Commissioners for the County of Elbert, so as to provide for a change in the number of Com missioner districts and to redefine the number remaining; and for other purposes.

HB 1259. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said City; and for other purposes.

HB 1262. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the City of Jefferson, so as to change the corporate limits; and for other purposes.

HB 1266. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the City of Commerce, so as to change the corporate limits of said City; and for other purposes.

HB 1267. By Mr. Pannell of Murray:
A Bill to amend an Act creating a new Charter for the City of Chatsworth, so as to close a certain portion of an alley in said city; and for other purposes.

HB 1268. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill to amend the charter of the City of Augusta, so as to provide that the Mayor and Council shall have the power and authority to grant to the Barringer Corporation the right to erect an overhead passageway across Ellis Street between Albion Avenue and Eighth Street; and for other purposes.

HB 1269. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Bill to amend the Charter of the City of Augusta, so as to create a Board of Civil Service Commission; and for other purposes.

2348

JOURNAL OF THE HOUSE,

HB 1270. By Messrs. Hull, Fleming and Fuqua of Richmond:
A Bill carrying into effect the Constitutional Amendment reported in Georgia Laws 1956, empowering the General Assembly of Georgia to consolidate and.combine the Richmond County and The City Council of Augusta Tax Assessors; and for other purposes.

HB 1272. By Mr. Baughman of Early:
A Bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Early County; and for other purposes.

HB 1273. By Mr. Underwood of Taylor:
A Bill to amend an Act to provide and establish a new charter for the City of Reynolds; and for other purposes.

HB 1275. By Mr. Barnett of Wilkes:
A Bill to create the Washington Wilkes Payroll Development Author ity; and for other purposes.

HB 1276. By Messrs. Brooks and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of At lanta, so as to change the corporate limits; and for other purposes.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to wit:

HR 448. By Mr. Smith of Brantley:
A Resolution compensating Vernon Strickland of Hoboken, Georgia; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to wit:

HB 713. By Messrs. Kidd and Chandler of Baldwin:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for clarification of provisions relating to riders upon motorcycles other than the operator; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2349

HB 761. By Messrs. Smith, Brooks and McClelland of Fulton:
A Bill to amend an Act defining Gross Income so as to provide that amounts received as pensions from the Government of the United States, any state of the United States, or any political subdivision of Georgia shall be exempt from taxation; and for other purposes.

The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments thereto:
HB 713. By Messrs. Kidd and Chandler of Baldwin: A Bill to be entitled an Act to amend an Act so as to clarify provisions relating to riders upon motorcycles other than the operator; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Rules moves to amend HB 713 as follows:
By renumbering Section 2 thereof so that when so renumbered, said Section shall be known as Section 3.
By adding a new paragraph thereto to be known as Section 2 to read as follows:
"Section 2. A person violating Section 1 of this Act or a per son who fails to comply with Section 1 of this Act shall not be guilty of any negligence whatsoever and a violation of Section 1 of this Act or a failure to comply with Section 1 of this Act shall not be admissible in evidence or pleaded in any civil action what soever in any of the courts of this State."

Mr. Kidd of Baldwin moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 105, nays 0.

The Senate amendment to HB 713 was agreed to. HR 448-915. By Mr. Smith of Brantley:
A Resolution compensating Vernon Strickland; and for other purposes. The following Senate amendment was read:

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JOURNAL OF THE HOUSE,

Senator Towson of the 16th moves to amend HR 448-915:

By replacing the word "State Parks Department" in the last para graph of said Resolution, with the words "Georgia Forestry Commis sion."

Mr. Smith of Brantley moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 106, nays 0.

The Senate amendment to HR 448-915 was agreed to.

HB 761. By Messrs. Brooks, Smith and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act defining gross income so as to provide that pensions from any political subdivision of the State of Georgia shall be exempt from taxation; and for other purposes.

The following Senate amendment was read:
Senator Brown of the 52nd move to amend HB 761 by placing a comma after the word "pension" in line 5 of Section I thereof and by inserting after said comma the words "or for retirement as members of the armed forces," so that when so amended said sub-para.sfraph (6) shall read as follows:
"(6) Amounts received as pensions, or for retirement as mem bers of the armed forces, from the Government of the United States, any State of the United States, or any political subdivision of the State of Georgia."
Mr. Brooks of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.

The Senate amendment to HB 761 was agreed to.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:

FRIDAY, FEBRUARY 16, 1962

2351

The Senate has passed, as amended, by the requisite constitutional majority the following Resolution of the House, to wit:

HR 503. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 936. By Mr. Busbee of Dougherty: A Bill to be entitled an Act to amend Code Section 92-3002 so as to provide for a credit against income taxes of amounts paid for machinery for new industry; and for other purposes.
The following report of the Committee of Conference was read:
Mr. Speaker:
CONFERENCE COMMITTEE REPORT ON HB 936
The Conference Committee on HB 936 recommends that both the House and Senate recede from their positions and that the attached Bill be adopted as a substitute for HB 936.
Respectfully submitted:
E. W. Mathews of 48th Busbee of Dougherty Hill of Meriwether Conger of the 8th Hart of the 53rd

A BILL
To be entitled an Act to amend Title 92 ('Public Revenue') Division 1 ('Sources of Revenue'), Part IX ('Income Taxes'), as amended to date by further amending section 92-3002 ('Definitions') by adding thereto a definition of "Machinery for New and Expanded Industry or Agricul ture"; and by further amending Section 92-3111 which deals with credits against income taxes; to provide for a credit against income

2352

JOURNAL OF THE HOUSE,

taxes of any amount paid for machinery for new and expanded indus try or agriculture at any time within six (6) years following the year in which payment thereof was made; to provide for the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 92-3002 as amended to date, is further amended by adding thereto a new subsection to be designated subsection "(q)" which shall read as follows:

"92-3002 Definitions--(q) The words machinery for new and expanded industry or agriculture shall mean and include:

(1) That machinery which is directly and proximately used in the manufacture of tangible personal property, when such machin ery is incorporated for the first time into plant facilities located in this state, provided, that any machine or machinery which consti tutes a replacement of any machine or machinery previously uti lized in this state shall not be deemed machinery for new and ex panded industry except as hereinafter expressly set forth.

(2) Notwithstanding the provisions of subparagraph (1) above, when any machine or machinery shall constitute a replacement of any machine or machinery and such replacement shall be made for the purpose of substantially expanding the production capacity of the manufacturing operation making such replacement and substan
tially increasing the employment in such operation, such replace ment machine or machinery shall be deemed to be "machinery for new and expanded industry" to the extent that the normal produc tion capacity of such replacement machine or machinery exceeds the normal production capacity of the machine or machinery replaced."

(3) Machinery which is purchased or leased for the purpose of engaging in a new farm operation or substantially expanding the production of a farm unit engaged in tillage of the soil and/or animal husbandry, when such expansion also results in substan tially increased employment on such farm unit, provided, that any farm machine or machinery which constitutes a replacement for any farm machine or machinery previously utilized in this State shall not be deemed machinery for new and expanded agriculture except as hereinafter in this subparagraph (3) set forth. Notwith standing anything to the contrary contained in this subparagraph (3), when any farm machine or machinery shall constitute a re placement of any farm machine or machinery and such replacement shall be made for the purpose of substantially expanding the pro duction capacity of the farm unit making such replacement and substantially increasing the employment on such farm unit, such replacement machine or machinery shall be deemed to be "machin ery for new and expanded agriculture" to the extent that the nor mal production capacity of such replacement farm machine and machinery exceeds the normal production capacity of the farm ma chine or machinery replaced."

FRIDAY, FEBRUARY 16, 1962

2353

Section 2. Code Section 92-3111, as amended, which deals with credits against income taxes is further amended by designating the two existing paragraphs of Section 92-3111 as subsection "(a)" and adding to Section 92-3111 a new subsection to be designated subsection "(b)" which shall read as follows:

"92-3111. Credits Against Taxes.--Every person who shall pay any amount of tax under the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax, approved February 20, 1951 (Ga. Laws 1951, p. 360) as amended, on the purchase or lease of machinery for new and expanded industry or agriculture as that term is defined in Section 92-3002 (q) hereof, shall be allowed a credit against the income taxes imposed by Sections 92-3101 and 92-3102 hereof in an amount equal to the amount of the sales and use tax so paid, provided that such credit must be used within the six (6) years immediately following the year in which such sales and use tax is paid and that no more than one-third (%) of the credit shall be used in any one year. (It being the intention of this Act to allow a credit for such sales and use tax in lieu of the de duction in determining net income as presently permitted under Section 92-3109 hereof.) The State Revenue Commissioner is hereby authorized to promulgate such rules and regulations regarding the submission of data supporting the credit authorized hereunder as may be necessary in his discretion, for the proper administration thereof."

Section 3. This Act shall be effective for all taxable years ending on or after the date of the enactment and approval hereof.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Busbee of Dougherty moved that the House adopt the report of the Committee of Conference.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney Akins Andrews of Hall Andrews of Stephens Arnsdorff Ballard Barber Barnett of Wilkes Barrett Bowen of Randolph Boyett

Bozeman Brantley Brooks of Fulton Busbee Bynum Caldwell Chandler Clark of Catoosa Clarke of Monroe Collins Crawford

Davis Deen Doster Duncan of Carroll Dunn Echols Flexer Floyd Fowler of Douglas Hall of Floyd Hall of Lee

2354

JOURNAL OF THE HOUSE,

Harrell Henderson Hill Horton Howard Joiner Jones of Sumter Jones of Worth Keadle Kelly Kidd Killian Lane Langford Lee of Clinch Lewis of Burke Lewis of Wilkinson Lokey Lowrey Matthews of Clarke Matthews of Colquitt McCracken McCutchen McDonald McGarity Miller

Mixon Moate Moorman Morgan Morris Moss Murphy NeSmith Odom Pannell Paris Parker of Appling Parker of Screven Parker of Ware Farmer Payton Phillips of Bibb Potts Purcell Rogers of Paulding Ross Rowland Rutland Sangster Shuman Simmons

Smith of Fulton Smith of Grady Smith of Habersham Smith of Whitfield Steis Story Strickland Taylor of Bibb Taylor of Dawson Teague Thornton Todd Twitty Undercofler Underwood of
Montgomery Waldrop Walker of Telfair Ware Wilkes Williams of Hall Willingham Wilson Woodward Young

Those not voting were Messrs.:

Adams Baughman Birdsong Black Blalock Boggs Bolton Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brown Budd Chance Cloer Cocke Coker Conner Cox Crowe Culpepper Dickey Dicus Dollar Dorminy

Duncan of Fannin Fitzgerald Fleming Flynt Fordham Fowler of Treutlen Funk Fuqua Greene Hale Hodges Hull Hurst Johnson Jones of Liberty Jones of Lumpkin Jordan Keyton Killingsworth Kimmons King Kirkland Knight of Laurens Knight of Berrien Lee of Clayton

Loggins Lovett Mackay Massee McClelland Melton Milhollin Moore Mullis Newton Otwell Pelham Phillips of Columbia Phillips of Walton Pickard Poole Rainey Raulerson Roberts Rodgers of Charlton Roper Sangster Scarborough Scoggin Sheffield

FRIDAY, FEBRUARY 16, 1962

2355

Simpson Sinclair Singer Smith of Brantley Stevens Stuckey Tabb

Tamplin Taylor of Decatur Tucker Underwood of Taylor Vaughn Walker of Lowndes Watson

Wells of Camden Wells of Oconee Wells of Peach White Wickham Williams of Coffee Mr. Speaker

On the motion, the ayes were 110, nays 0.

The motion prevailed and the report of the Committee of Conference on HB 936 was adopted.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker
The Senate has adopted the report of the Committee of Conference to the following Bill of the House:

HB 936. By Mr. Busbee of Dougherty:
A Bill to amend an Act to provide for credit against income taxes in amount paid for certain machinery; and for other purposes.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 503-981. By Mr. Wilkes of Cook:
A Resolution authorizing a land conveyance to Cook County; and for other purposes.

The following Senate amendment was read:
Senator Hart of the 53rd moves to amend HR 503, as follows: By striking therefrom the following language:
"WHEREAS, said tracts of land are more fully described as follows:
'All that tract or parcel of land containing four tenths acres, more or less, situated, lying and being in lot of land No. 244 in the

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Ninth Land District of Cook County, Georgia, and described as follows: Beginning at the point at which lands of Mrs. Sallie R. Southerland corner with lands of the State of Georgia, on the north margin of the Sparks to Rountree Bridge Roads, go north 7 degrees 50 minutes west 279.8 feet; thence south 77 degrees 47 minutes east one chain; thence to the point of beginning, being triangular in shape.

'Also, all that tract or parcel of land containing three acres, more or less, of lot of land No. 244 in the Ninth Land District of Cook County, Georgia, described as follows: Beginning at the eastern terminus of the northern-most boundary line of lands of the State of Georgia, in said lot, go south 77 degrees 31 minutes west 438.8 feet; thence north 74 degrees 54 minutes west 50 feet to the center of the run of Little River; thence along the center of the run of Little River to the northern-most line of lands of the State of Georgia, in said lot, thence along said northern-most line of the lands of the State of Georgia in said lot to the point of beginning.' "

and inserting in lieu thereof the following:

"WHEREAS, said tracts of land are more fully described as follows:

'All that tract or parcel of land containing two tenths of an acre, more or less, situated, lying and being in lot of land No. 244 in the Ninth Land District of Cook County, Georgia, and described as follows: Beginning at the point at which lands of Mrs. Sallie R. Southerland corner with lands of the State of Georgia, on the north margin of the Sparks to Rountree Bridge Roads, go north 7 degrees 50 minutes west 279.8 feet; thence south 77 degrees 47 minutes east 66 feet; thence southerly 266.5 feet to the point of beginning, being a triangular shaped tract or parcel of land con taining two tenths of an acre as shown on the copy of a plat hereto attached.
'Also, all that tract or parcel of land containing four tenths of an acre, more or less, of lot of land No. 244 in the Ninth Land District of Cook County, Georgia, described as follows: Beginning at the eastern terminus of the northern-most boundary line of lands of the State of Georgia, in said lot, go south 77 degrees 31 minutes west 438.8 feet; thence north easterly 223.7 feet; thence south easterly 264 feet to the point of beginning being a triangular shaped tract or parcel of land containing four tenths of an acre as shown on the copy of a plat hereto attached.'"

Mr. Wilkes of Cook moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 103, nays 3. The Senate amendment to HR 503-981 was agreed to.

FRIDAY, FEBRUARY 16, 1962

2357

Mr. Williams of Hall moved that the following Bill of the Senate be taken from the table:

SB 214. By Senators Claxton of the 21st, Bell of the 10th, and others:
A Bill to be entitled an Act to amend an Act relating to inspection of public records so as to include additional records; and for other purposes.

On the motion to take from the table, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akins Andrews of Hall Andrews of Stephens Ballard Barber Black Boggs Bolton Boyett Brooks of Oglethorpe Brown Bynum Chandler Clarke of Monroe Cocke Coker Davis Deen Doster Duncan of Fannin Echols Flexer Floyd

Fowler of Douglas Greene Horton Howard Jones of Worth Jones of Sumter Kelly Kidd Killian Knight of Berrien Langford Lewis of Wilkinson Lowrey Mackay Matthews of Clarke McCutchen Melton Moate Morris Mullis Murphy NeSmith Pannell

Paris Parker of Appling Payton Phillips of Bibb Poole Purcell Rutland Shuman Simmons Smith of Brantley Smith of Habersham Smith of Whitfield Steis Taylor of Dawson Taylor of Bibb Thornton Twitty Undercofler Underwood of
Montgomery Underwood of Taylor Williams of Hall

Those voting in the negative were Messrs.:

Abney Arnsdorff Barnett of Wilkes Bowen of Randolph Bozeman Busbee Caldwell Clark of Catoosa Collins Dunn Hall of Lee Harrell

Henderson Joiner Keadle Lane Lee of Clinch Lewis of Burke Lokey Matthews of Colquitt McCracken McDonald Miller Mixon

Moorman Morgan Moss Newton Odom Parker of Screven Rainey Rogers of Paulding Rowland Sangster Smith of Grady Smith of Fulton

2358
Story Strickland Teague Todd

JOURNAL OF THE HOUSE,
Waldrop Walker of Telfair Wilkes Willingham

Wilson Woodward

Those not voting were Messrs. :

Adams Barnett of Baker Barrett Baughman Birdsong Blalock Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Budd Chance Cloer Conner Cox Crawford Crowe Culpepper Dickey Dicus Dollar Dorminy Duncan of Carroll Fitzgerald Fleming Flynt Fordham Fowler of Treutlen Funk Fuqua

Hale Hall of Floyd Hill Hodges Hull Hurst Johnson Jones of Liberty Jones of Lumpkin Jordan Keyton Killingsworth Kimmons King Kirkland Knight of Laurens Lee of Clayton Loggins Lovett Massee McClelland McGarity Milhollin
Moore
Otwell Parker of Ware Farmer Pelham Phillips of Columbia Phillips of Walton Pickard

Potts Raulerson Roberts Rodgers of Charlton Roper Ross Scarborough Scoggin Sheffield Simpson Sinclair Singer Stevens Stuckey Tabb Tamplin Taylor of Decatur Tucker Vaughn Walker of Lowndes Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Wickham Williams of Coffee Young Mr. Speaker

On the motion to take from the table, the ayes were 67, nays 46.

The motion prevailed, and SB 214 was taken from the table.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed, by substitute by the requisite constitutional majority,
the following Bills of the House to-wit:

FRIDAY, FEBRUARY 16, 1962

2359

HB 741. By Messrs. Adams of Polk, Rogers of Paulding, and others:
A Bill to provide that all personnel of the Georgia State Highway maintenance crew shall be compensated not less than at a minimum rate of One ($1.00) Dollar per hour; to repeal conflicting laws; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bills of the Senate:

SB 210. By Senators Peterson of the 15th and Newton of the 17th:
A Bill to provide that any member of a county political party executive committee who participates as such in arranging or holding a political party primary election shall be ineligible to be a candidate for nomi nation to any office therein, except for membership on such executive committee; to repeal conflicting laws; and for other purposes.

SB 283. By Senator Overby of the 33rd:
A Bill to amend an Act known as the "Urban Redevelopment Law", approved March 3, 1955 (Ga. Laws 1955, p. 354), as amended, so as to provide that municipalities may exchange land owned in Urban Rede velopment Areas for certain land owned by certain organizations; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Resolutions of the House to-wit:

HR 389-793. By Messrs. Fleming, Hull and Fuqua of Richmond:
A Resolution proposing an amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and redevelop ment program; and for other purposes.

HR 420-875. By Messrs. Bowen of Randolph, Hurst of Quitman, and others:

2360

JOURNAL OF THE HOUSE,

A Resolution proposing an amendment to the Constitution so as to dis qualify a write-in vote candidate unless he announced his intention or candidacy ten or more days prior to the election; and for other pur poses.

HR 450-916. By Messrs. Smith of Habersham, McGarity of Henry:
A Resolution relative to school bus drivers; and for other purposes. Create a Committee to study possibility of Retirement for School Bus Drivers.

HR 470-935. By Messrs. Dicus, Pickard and Wickham of Muscogee:
A Resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County; and for other purposes.

HR 574-1109. By Messrs. Fleming, Fuqua and Hull of Richmond:
A Resolution authorizing the conveyance of certain State property located in Richmond County; and for other purposes.
HR 575-1110. By Messrs. M. Smith, McClelland and Brooks of Fulton, and others:
A Resolution proposing an amendment to the Constitution so as to grant to the General Assembly the power to delegate to any county the right to levy a tax to build, acquire, maintain and operate and to participate with other counties, municipalities, public or private corporations in building, acquiring, maintaining and operating a system or systems of public transportation; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Resolutions of the House to-wit:
HR 583-1126. By Messrs. Andrews of Stephens and Purcell of Franklin: A Resolution authorizing the Governor to transfer certain islands lying in the Tugaloo River adjacent to the counties of Hart, Franklin and Stephens to the United States of America; and for other purposes.
HR 596. By Messrs. Steis of Harris, Underwood of Taylor, and others: A Resolution authorizing the erection of a monument paying homaga to and commemorating certain war veterans; and for other purposes.

FEIDAY, FEBRUARY 16, 1962

2361

HE 636-1192. By Messrs. Busbee and Odom of Dougherty:
A Resolution authorizing and directing the conveyance of certain prop erty belonging to the State to the Albany Civitan Club, Inc.; and for other purposes.

HR 644-1217. By Messrs. Pannell of Murray, Odom of Dougherty, and others:
A Resolution creating a Committee to study budgetary, financial and fiscal affairs and related matters; and for other purposes.

HR 661-1254. By Messrs. McCracken of Jefferson, Underwood of Montgomery, and others:
A Resolution amending a Resolution creating the Election Laws Study Committee, so as to remove the provisions relating to time; and for other purposes.

HR 668-1281. By Messrs. Smith, Brooks and McClelland of Fulton, and Mackay and Rutland of DeKalb, and others:
A Resolution creating the Metropolitan Atlanta Transit Study Commis sion; and for other purposes.

HR 684. By Mr. Fowler of Douglas:
A Resolution requesting the Members of the House and Senate of the General Assembly of Georgia and the Members of the Georgia Delegation in the Congress of the United States to oppose any Federal legislation which would adversely effect the flow of private capital into the home construction field in Georgia; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Resolution of the House to-wit:

HR 709. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution to ratify, approve, and confirm the executive order of the Governor, dated March 7, 1961, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 712. By Mr. Steis of Harris:
A Resolution expressing appreciation to the many faithful, devoted and conscientious public servants and employees of the State of Georgia; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate recedes from its position on the following Bill of the House:
HB 959. By Mr. Blalock of Clayton: A Bill to amend an Act relating to the "Motor Fuel Tax Law", by redefining the terms upon which the present tax of 1 cent per gallon shall be levied upon kerosene, and by providing that such tax shall be allowed as a credit when such kerosene is subsequently sold as a motor fuel; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Bills of the House to-wit:
HB 786. By Mr. Crawford of Chatham: A Bill to amend an Act to regulate procedure in the courts of this State. relating to divorce cases: and for other purposes.

HB 790. By Messrs. McCracken of Jefferson, Underwood of Montgomery, and others:
A Bill to amend an Act so as to provide for the time for qualifying in elections other than primary elections; to provide for the application of the five per cent petition; and for other purposes.

HB 791. By Messrs. Underwood of Montgomery, McCracken of Jefferson, and others:
A Bill to amend an Act providing for a recount of the ballots cast in any primary held in this State by any political party, so as to provide for an appeal from the Recount Committee to the political authority holding the primary; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2363

HB 799. By Mr. McClelland of Fulton:
A Bill to amend an Act relating to giving notice for the termination of a tenancy at will, so as to clarify the time when such notice is to be given; and for other purposes.

HB 930. By Messrs. Dickey, Funk, and Crawford of Chatham:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to remove that provision which declares that no coverage under said Act shall be extended to any official or employee who is covered under the provisions of any other retirement system including Social Security; and for other purposes.

HB 800. By Mr. McClelland of Fulton:
A Bill prohibiting false wholesale advertising and misrepresenting the true nature of business; and for other purposes.

HB 810. By Mr. Busbee of Dougherty:
A Bill to provide that when income from an estate or trust is actually used for a person's support, the legal obligation of persons having a legal obligation to support is reduced to that extent; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Bills of the House to-wit:

HB 861. By Mr. Caldwell of Upson:
A Bill to amend an Act providing for the definition of certain words used concerning the regulation of motor common carriers, so as to define "for hire"; and for other purposes.

HB 867. By Mr. Payton of Coweta:
A Bill to amend an Act to provide an option to the grand jury of each county to permit the selection from the same jury box of all traverse jurors in all courts designated by the Grand Jury; and for other pur poses.

2364

JOURNAL OF THE HOUSE,

HB 883. By Mr. Caldwell of Upson:
A Bill to amend an Act to make appropriations for the operation of the State Government, so as to provide contingent appropriations to the Department of Revenue for the purpose of carrying the Motor Vehicle Certificate of Title Act; and for other purposes.

HB 919. By Messrs. Williams and Andrews of Hall:
A Bill to amend an Act relating to Clerks of the Superior Court, so as to provide that the Clerk of the Superior Court may keep certain records by microfilm or other photographic processes of a permanent nature; and for other purposes.

HB 922. By Messrs. Loggins of Chattooga, Hale of Dade, and others:
A Bill to be known as the Charitable Agencies and Licenses Required Act, so as to provide the method of licensing charitable organizations who wish to engage in activities which include providing for care of dependent or defective persons; and for other purposes.

HB 927. By Messrs. Teague, Willingham and Wilson of Cobb:
A Bill to amend an Act relating to motor vehicle licenses, so as to change certain provisions relating to private trailers; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Bills of the House to-wit:

HB 945. By Mr. Busbee of Dougherty:
A Bill to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of notice from a law enforcement officer that such facilities are used for illegal purposes; and for other purposes.

HB 1018. By Messrs. Barnett of Wilkes, Williams of Hall, and others:
A Bill to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to make it unlawful to sell mufflers which cause excessive noise; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2365

HB 1040. By Messrs. Payton of Coweta and Morgan of Gwinnett:
A Bill to amend an Act which defines the crime of drunkenness in public places; and for other purposes.

HB 1062. By Messrs. Scarborough of Crawford, Wells of Peach and others:
A Bill to amend an Act relating to "Equitable Proceedings", so as to provide that foreclosures and sales under power shall be considered pending litigation; and for other purposes.

HB 1081. By Messrs. Bolton and Melton of Spalding:
A Bill to provide an alternative method for annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 10% of the property owners in the affected area; and for other purposes.

HB 1090. By Mr. Rutland of DeKalb:
A Bill to amend an Act entitled the "Georgia Insurance Code", approved March 8, 1960 (Ga. Laws 1960, p. 289), so as to provide that insurers may invest in obligations issued, assumed or guaranteed by the InterAmerican Development Bank; to repeal conflicting laws; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Bills of the House to-wit:

HB 1116. By Mr. Flexer of Glynn:
A Bill to amend an Act relating to proceedings prior to attest so as to specify the information that shall be stated in the affidavits made or the warrants issued for the arrest of an offender against the penal laws of this State; and for other purposes.
HB 1121. By Messrs. Duncan and Waldrop of Carroll, and others:
A Bill to amend an Act establishing an Employee's Retirement System, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138, Reg. Sess.), as amended, so as to provide the procedure whereby certain members of the Em ployee's Retirement System of Georgia may re-establish credits for prior service; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1125. By Mr. Milhollin of Coffee:
A Bill to amend an Act which revised, superseded, and consolidated the laws relating to the Game and Fish Commission, so as to change the maximum limit on the length of a minnow net; and for other purposes.

HB 1133. By Messrs. Pannell of Murray, Smith of Grady, and others:
A Bill to amend an Act known as the "General Appropriations Act, so as to provide an appropriations for the Budget Bureau; and for other purposes.

HB 1151. By Mr. Barrett of Cherokee:
A Bill to authorize and empower the governing authority of certain counties to license amusement machines or devices commonly known as pinball machines and to license establishments commonly known as pool rooms which have therein pool tables, snooker tables or billiard tables; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Bills of the House to-wit:

HB 1177. By Messrs. Steis of Harris, Harrell of Fayette, and others:
A Bill to create a division in the State Department of Veterans' Service, to be known as the Georgia War Veterans' Museum; and for other pur poses.

HB 1215. By Messrs. Ware and Birdsong of Troup, and others:
A Bill to amend an Act providing a supplemental salary for the Judge of the Superior Court of Coweta Judicial Circuit; and for other pur poses.

HB 1251. By Messrs. Harrell of Fayette and Steis of Harris:
A Bill to amend the Georgia Civil Defense Act of 1951, so as to provide for emergency interim successors to certain State and local officers; and for other purposes.

HB 1252. By Messrs. Harrell of Fayette and Steis of Harris:
A Bill to amend the Georgia Civil Defense Act of 1951, so as to provide for the convening of the General Assembly and the suspension of their rules following an emergency; and for other purposes.

FRIDAY, FEBRUARY 16, 1962

2367

HB 1253. By Messrs. Harrell of Fayette and Steis of Harris:
A Bill to amend the Georgia Civil Defense Act, so as to provide for emergency relocation or relocations of the seat of State Government; and for other purposes.

HB 1200. By Messrs. McClelland, Brooks and Smith of Fulton:
A Bill to amend an Act pertaining to Coroner's fees in certain counties; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following Resolutions of the House to-wit:
HR 364-763. By Messrs. Smith, Brooks and McClelland of Fulton: Mr. Speaker:
A Resolution proposing an amendment to the Constitution so as to au thorize any county, municipal corporation or political subdivision of the State to issue and to sell revenue bonds; and for other purposes.
HR 720. By Messrs. Caldwell of Upson, Parker of Appling, and others: A Resolution commending Sgt. Ben F. Rains.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 741. By Messrs. Adams of Polk, Rogers of Paulding, and others:
A Bill to be entitled an Act to provide that all personnel of the Georgia State Highway maintenance crew shall be paid $1.00 per hour; and for other purposes.

The following Senate substitute was read:
A BILL To be entitled an Act to provide that all personnel of the State Highway Department, State Board of Corrections, and all other personnel

2368

JOURNAL OF THE HOUSE,

employed by any State department, bureau, board, commission or any other agency whatsoever shall be compensated not less than at a mini mum rate of One ($1.00) Dollar per hour; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. All personnel of the State Highway Department, State Board of Corrections, and all other personnel employed by any State department, bureau, board, commission or any other agency whatsoever shall be compensated not less than at a minimum rate of One ($1.00) Dollar per hour. The State Highway Department, State Board of Cor rections, and all other personnel employed by any State department, bureau, board, commission or any other agency whatsoever and the State Budget Bureau are hereby authorized and directed to carry out the terms of this Act when funds have been made available therefor by law.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Adams of Polk moved that the House disagree to the Senate substitute.

The motion prevailed and the Senate substitute to HB 741 was disagreed t

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by the requisite constitutional majority, the following Resolution of the House to-wit:

HR 740. By Mr. Twitty of Mitchell:
A Resolution relative to adjournment of the General Assembly; and for other purposes.

Under the provisions of a Resolution previously adopted, the Speaker announced the House adjourned sine die at 8:20 o'clock, p.m., February 16, 1962.